§ 10-3. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned animal means any animal that has not been provided with one or more of the necessities of life, including air, food, water, or protection from the sun and other elements of nature, or has been left in the custody of another person without their consent.

Animal means any mammal, domesticated or wild.

Animal at-large means:

(1)

Off-premises. Any animal that is not restrained by means of a leash or chain of sufficient strength, and not more than six feet in length, designed to control the actions of such animal while off the owner's property.

(2)

On-premises. Any animal not confined on the premises of its owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash of sufficient strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than ten feet to a public walkway, sidewalk, street, or property line when the restraint is stretched to full length, or within sight or voice command of the owner.

Animal control officer means a person designated by the city to represent and act on behalf of the city in the impounding of animals, controlling of animals running at-large, issuing citations, serving summons, testifying in court, and as otherwise required to enforce the provisions of this chapter and all other regulations relating to animals as authorized by state law.

Animal shelter means any facility operated by the city, a humane society, municipal agency, or any other governmental entity, or their authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

Auction means any place or facility where animals are regularly bought, sold, or traded, or where animals are sold to the highest bidder, except those facilities otherwise defined in this chapter. This definition does not apply to the individual sale of animals by their owners.

Circus means a commercial variety show featuring animal acts for public entertainment.

Confined or confinement means restricted within a building, house, or structure, or within a fenced yard or premises, so that the animal cannot escape from said building, house, structure, or fenced yard or premises without human assistance.

Dangerous animal means an animal that has:

(1)

Made at least one unprovoked attack on a victim, which did not result in the victim's receiving a severe injury but did result in some physical injury, such as a laceration or puncture wound to the victim;

(2)

On at least one occasion, although unprovoked, chased or approached a person or animal victim on a street, sidewalk, or any public or private property not owned or controlled by the harborer of the animal, in a menacing manner or with an apparent attitude of attack;

(3)

A known propensity, tendency, or disposition to, although unprovoked to attack, cause injury or threaten the safety of persons or other animals; or

(4)

Been declared a dangerous animal previously by the director.

Director means the supervisor of the city's animal control department or his authorized representative.

Domestic animal means any animal that is habituated to live in or about the habitations of persons.

Domesticated animal means any animal that is not wild or a wild animal that has been converted to domestic use.

Enclosure means a house or a building, or a fence or a structure/pen. In order to qualify as an "enclosure," the fence or structure/pen must have minimum dimensions of five feet by ten feet, must be of a height so as to prevent entry by young children or escape by any dog jumping over it, must be secured so that a dog cannot climb, dig, or otherwise escape on its own volition, must be securely locked at all times, must have secure sides to prevent a dog from escaping from the enclosure in any manner, and must provide protection from the elements for the animal contained therein.

Exotic animal means the same as "wild animal."

Grooming shop means a commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.

High-risk animals means and includes skunks, bats, foxes, raccoons, and other similar animals.

Hobby breeder means any person engaged in the recreational activity of raising or breeding animals and includes the occasional sale or trade of the offspring of such animals as a means to recover expenses and reduce the population of the housed animals. A person engaged in the hobby breeding birds shall house no more than 20 birds. The city council, following recommendation by the director, shall hereafter establish the necessary qualifications of a hobby breeder.

Kennel means any building, establishment, place, or premises wherein any person engages in the boarding, breeding, buying, selling, letting for hire, or training for a fee any canine or feline animal or animals, or wherein any person keeps, harbors, owns, or maintains more than a total of four dogs and cats over three months of age.

Licensing authority shall have the same meaning as the term "director."

Livestock means any breed of large domesticated animals, to include, but not be limited to, cattle, horses, sheep, goats, rabbits, llamas, alpaca and vicuna.

Low-risk animals means all animals of the orders Marsupialia, Insectivore, Rodentia, Lagomorphs, and Xenartha.

Miniature swine means any member of the swine family that has, through selective breeding, been genetically manipulated so as to attain a maximum height of 18 inches at the shoulder and a maximum weight of 60 pounds.

Multiple dwelling means any structure designed and intended to accommodate more than one family and includes, but is not limited to, duplex buildings and apartment buildings.

Owner means any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.

Person means any individual, partnership, firm, public or private corporation, association, trust, or estate.

Pet shop means any building, establishment, premises, or place used for or in the business of buying, selling, trading, or boarding any species of animal which shall include, but not be limited to, gerbils, hamsters, guinea pigs, mice, rabbits, birds, dogs, cats, fish, and reptiles. The term "pet shop" does not include a licensed kennel or individual sales of animals by owners. The term "pet shop" does not include hobby breeders, or persons engaged in the raising or breeding of large domesticated animals such as cattle, horses, goats, or sheep.

Quarantine means complete and total isolation in such a place, in such a manner, and for a period of time as the director may prescribe.

Regulatory authority means the director or his duly authorized representative.

Riding school or riding stable means any place that has available for hire, boarding, and/or riding any horse, pony, donkey, mule, or burro.

TDH means the Texas Department of Health.

Unprovoked attack means an attack by an animal on a victim who, at the time of the attack by the animal, was not committing a willful trespass or other tort upon the premises occupied by the owner or harborer of the animal; was not teasing, tormenting, abusing, or hitting the animal; had not in the past been observed or reported to have teased, tormented, abused, or hit the animal; was not committing or attempting to commit a crime or, if the victim was an animal, an attack on an animal which, at the time of the attack or bite by the animal, was not attacking or attempting to attack the animal or the animal's owner, harborer, or relative of the owner or harborer.

Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery and the diagnosis and treatment of diseases and injuries to animals.

Vicious animal means an animal that has:

(1)

While off or on the property of its owner, and without provocation, killed, severely injured, or mauled a victim;

(2)

On two occasions within a 24-month period, attacked or bitten, without provocation, a victim engaged in a lawful activity; or

(3)

Been trained for animal fighting or is owned or kept for the purpose of animal fighting.

Victim means a person, dog, cat, horse, cow, or other domestic animal attacked by an animal.

Wild animal means and includes any mammal, amphibian, reptile, or fowl, which is of a species that is wild by nature and of a species, which, due to size, vicious nature, or other characteristic, is or may be dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, lynx, wolves, raccoons, ratites (ostriches, rheas, cassowaries, and emus), skunks (whether deodorized or not), monkeys whose average weight as an adult exceeds 20 pounds, foxes, elephants, rhinoceroses, alligators, crocodiles, and all forms of poisonous reptiles; any species of animal which is considered endangered by international, federal, or state regulations. The term "wild animal," as used in this chapter, shall not include ferrets, gerbils, hamsters, guinea pigs, mice, or rabbits.

Zoological park means a tract of land set aside in a natural or manmade state and which displays or exhibits more than one exotic animal under the control and supervision of a professional animal handler and cared for by a licensed veterinarian. The director may require proof of animal handling experience. The park shall be constructed in such a manner as to preclude the possibility of an animal escaping from such park and its cages or pens. Park construction, pens, cages, and equipment shall be designed and constructed in such a manner as to protect the animals and the public. The director may require proof of acceptable design and construction. All animals therein and their enclosures shall be approved by the director. Where required, all zoological parks shall be federally inspected and licensed. A park attendant shall be on duty at all times the park is open or accessible to the public.

(Code 1974, § 3-17; Code 1994, § 10-3; Code 2005, § 10-3; Ord. No. 88-21, § 1, 3-20-1989; Ord. No. 2001-25, § 1(3-17), 1-7-2002)