§ 4-101. Definitions.

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

Abuse means to mistreat, through intent to abuse or the knowing or reckless neglect of any animal in a manner that causes or is likely to cause physical injury or significant physical stress to the animal.

Animal control authority means the chief of police and, as necessary to enforce the provisions of this chapter and the laws of the state pertaining to animal control and protection, those animal control officers, animal control technicians, animal control veterinary technicians, peace officers or other personnel duly designated by the chief of police.

Animal welfare organization means an association or nonprofit corporation which has as one of its purposes the humane care for and the protection of animals of any kind.

Bite means the puncturing or tearing of the skin by an animal's teeth.

Bodily injury means any injury other than serious bodily injury, including but not limited to physical pain, illness, or any impairment of physical condition.

Cat means any live or dead domesticated animal that is a member of the feline family ( Felis catus ).

Companion animal. See Pet animal.

Cruel treatment means any treatment to any animal in violation of this chapter, the state penal code or the laws of the United States.

Currently vaccinated means vaccinated satisfying the following criteria:

(1)

The animal must have been at least three months of age at the time of vaccination;

(2)

At least 30 days have elapsed since the initial vaccination; and

(3)

Not more than 12 months have elapsed since the most recent vaccination.

Dangerous wild animal means an animal of a species, other than a common domestic species, that poses a potential physical or disease threat to the public regardless of the state and duration of captivity, including but not limited to, the following:

(1)

Class Reptilia: family Helodermatidea (the venomous lizards); family Viperidea (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae; Dispholidus typus (boomslang); Cyclagras gigas (water cobra) and Boiga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order Crocodilia (crocodiles, alligators, caimans and gavials).

(2)

Class Aves: order Falconiforms (such as hawks, eagles and vultures) and subdivision Ratitae (such as ostriches, rheas, cassowaries and emus).

(3)

Class Mammalia: order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family Mustelidae (such as weasels, martins, mink, badgers); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels).

(4)

Other dangerous animals not listed but hereafter determined by the animal control authority, or court of competent jurisdiction to constitute a threat to public health and/or safety.

Destroy means the taking of an animal's life in an emergency situation where necessary to prevent attack, to protect against serious bodily injury, to prevent the destruction of another animal, or to end the prolonged suffering of a severely injured animal.

Dog means any live or dead domesticated animal that is a member of the canine family ( Canis familaris ) but specifically excluding a wolf, jackal, coyote, fox or other dangerous wild animal of this family or hybrid thereof.

Domestic animal means all species of animals commonly and universally accepted as being domesticated, normally adapted to live in intimate association with humans, or for the advantage of humans. It includes, but is not limited to, the following: dogs, cats, livestock, fowl or other tame or domesticated animal of or pertaining to the family or household which can be vaccinated against rabies with an approved rabies vaccine.

Estray, when used in this chapter, shall have the meaning assigned in V.T.C.A., Agriculture Code ch. 142, as it existed on the date of adoption of the ordinance from which this chapter is derived or as it may hereafter be amended and includes stray livestock, stray exotic livestock, or stray exotic fowl.

Exotic animal means any animal, reptile, fish or bird born, or whose natural habitat, is considered to be outside the continental United States, and specifically including but not limited to those animals defined by the state department of parks and wildlife as exotic.

Fowl means birds commonly considered poultry and including, but not limited to chickens, turkeys, pheasant, quail, geese, guinea, peafowl, ducks, ostriches, emus, or similar feathered animals regardless of age, sex or breed. The term "fowl" does not include canaries, parakeets, parrots, cockatiels, or other birds commonly maintained in households within cages.

Guard or attack dog means any dog professionally trained for the purpose of protecting persons or property by attacking or threatening to attack any person found within the area patrolled by the dog, and that is either securely enclosed within that area at all times or under continuous control of a trained handler. Dogs employed by a governmental agency or the military are excluded.

Harboring. Any of the following acts shall be give rise to a rebuttable presumption that an animal is being harbored by a person:

(1)

The act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter or care for a period of three days;

(2)

To provide encouragement in any form to an animal to remain on, live at, or frequently visit the property of a person for a period of three days or more; or

(3)

To refuse the animal control authority access to property owned or controlled by the person for the purpose of seizing an animal.

A presumption that a person is harboring an animal may be rebutted by evidence that the person reported the animal to the animal control authority for removal or by overt act of the person to remove the animal from the person's property.

Herding dog or working animal means an animal specifically trained or inherently designed to assist in maintaining and working livestock, or providing assistance to any person with a disability, or providing a service to a governmental agency or private rescue and tracking organization. The term "herding dog" or "working dog" does not include guard dogs for personal property.

Humanely euthanize means to cause the death of an animal by a humane method which:

(1)

Rapidly produces unconsciousness and death without visible evidence of pain or distress; or

(2)

Utilizes anesthesia produced by an agent that causes painless loss of consciousness, and death following such loss of consciousness.

Hybrid means the product of mating two different species of animals regardless of the number of generations born since the original mating.

Livestock means domestic animals including horses, mules, donkeys, burros, cattle, goats, sheep, llamas, emus, ostriches, and any member of the order Ungulata (such as antelope, deer, bison, and camels) regardless of age, sex, size or breed, or any crossbreeding of such species, or any domestic animal raised for business or commercial purposes or animals commonly associated with farm and ranch enterprises. Fowl, except for emus and ostriches, and exotic animals are not included in the definition of livestock.

Local rabies control authority (LRCA) means the chief of police and, as necessary to enforce the provisions of this chapter, applicable state law pertaining to rabies control, and those animal control officers, animal control technicians, animal control veterinary technicians, peace officers or other personnel duly designated by the chief of police.

Low risk animal means a warm blooded mammal that has a low risk of carrying the rabies disease as determined by the state department of state health services and includes gerbils, guinea pigs, all rodents and rabbits, shrews, prairie dogs, beavers, gophers, nutria, squirrels, hamsters, opossums, and armadillos.

Neglect means to disregard, ignore or overlook the care, health and well-being of an animal under a person's care and control whether that person is the owner or not. The term "neglect" includes, but is not limited to, failure to provide adequate food, water or other substance, or failure to ensure that that the animal has sufficient shelter to prevent exposure to extreme environmental conditions, or any act which a reasonable person would conclude placed the animal's health and safety at risk.

Owner means any person, firm or corporation who harbors; maintains; controls; displays; possesses; has care, custody, control, possession of or a property right in an animal or that provides premises to which the animal returns for food, shelter or care of a period of three or more consecutive days.

Performing animal exhibition means any display, act or event, other than circuses or rodeos, on which animals are displayed, shown, exhibited and/or perform tricks, feats, or other exhibitions of training, the term "performing animal exhibition" includes, but is not limited to, dog shows, cat shows, animal exhibitions of any animal, pony rides, commercial photographic events, and educational or informative displays or exhibitions, regardless of whether sponsored or facilitated by a not-for-profit entity or by a for-profit entity.

Pet animal means includes dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet but does not include skunks, nonhuman primates and any other species of wild or carnivorous animal that may be further restricted in this law. Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live or about the habitation of humans and is dependent on people for food and shelter. For the purposes of the chapter, neither livestock nor fowl, as defined herein, shall be considered pets or companion animals.

Poisonous substance means a substance having an inherent harmful property which renders it, when ingested into the system of an animal, capable of causing the death of the animal.

Prohibited animals means any animal the possession, harboring, keeping or other maintenance of which, is prohibited by state or federal law and including, but not limited to, the following species and/or subspecies of the following animals: lions, tigers, ocelots, bobcats, lynx, cougars, leopards, cheetahs, jaguars, servals, hyenas, bears, lesser pandas, ferrets born in natural habitats, binturong, elephants, Vietnamese pot belly pigs, miniature pigs, and/or any member of the family Suidae, apes or other such nondomesticated species of animals not indigenous to nor common to this area.

Provocation means any purposeful act that causes an animal to bite, scratch, or attack in protection of self, the animal's owner, or the animal's owner's premises. Entrance, in any manner, into a secure enclosure (as defined in this section) or another area where an animal is properly under restraint in compliance with the provisions of this chapter shall be considered provocation regardless of the reason for such entrance.

Public nuisance means any animal that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" means and includes, but is not limited to, any animal that:

(1)

Is repeatedly at large or estray;

(2)

Damages the property of anyone other than its owner;

(3)

Molests or intimidates pedestrians or passersby;

(4)

Trespasses on school grounds;

(5)

Chases vehicles;

(6)

Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7)

Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(8)

Causes insanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(9)

Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or

(10)

Attacks other domestic animals.

Quarantine means a period of ten days of strict confinement of an animal, on the order of the animal control authority or by order of the department of state health services or its designee, at the sole expense of the owner of the animal and on the terms specified in this section or otherwise ordered by the appropriate authority, for observation of the animal to determine the health status of the animal in respect to the rabies virus.

Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite, saliva or other contaminated body fluids.

Restrain means to control an animal by physical means so that it remains on the premises of the owner, or, when off the owner's premises, by means of a cage, or leash or rope under the direct control of a person of sufficient strength to control the animal.

Running at large means not completely confined by a building, wall, or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. All animals within an automobile or other vehicle of its owner, shall not be deemed running at large.

Scratch means a scrape left by the claws or nails of an animal to a human and of sufficient severity to break the skin and draw blood.

Secure enclosure means a pen, cage, container, structure or building, or fence of sufficient strength and height to prevent the subject animal from escaping therefrom. The enclosure must be free of defects, disrepair or any other deficiencies that would give rise to a reasonable conclusion that a dog or other animal would likely be able to escape as determined by the animal control authority. In the event of a dog deemed dangerous, the term "secure enclosure" is further defined as a fenced area or structure that is:

(1)

Locked;

(2)

Capable of preventing the entry of the general public, including children;

(3)

Capable of preventing the escape or release of a dog;

(4)

Clearly marked as containing a dangerous dog; and

(5)

In conformance with the requirements for enclosures established by the local animal control authority.

Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle and or bodily tissues that would cause a reasonably prudent person to seek medical treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. In addition, the term "serious bodily injury" means any form of injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ or that causes any such condition.

Sick means any animal that appears to be suffering from an infectious, contagious, or communicable disease; or that is showing evidence of a physical injury, physical disorder, or traumatic injury; or that has an elevated temperature.

Spay or neuter means the surgical removal of the reproductive organs of a dog or cat or the use of nonsurgical methods and technologies approved by the United States Food and Drug Administration or the United States Department of Agriculture to permanently render the animal unable to reproduce.

Stray animal means any animal for which there is no identifiable owner or harborer, and which is found to be running free or at large within the corporate limits of the city.

Swine means pigs, hogs, potbellied pigs or any member of the family Suidae.

Tether means to chain, tie, fasten or otherwise secure an animal to a fixed point so that it can move or range within certain restricted limits.

Unprovoked means action by an animal that is not:

(1)

In response to being tormented, hit, kicked, molested, abused or assaulted by any person;

(2)

In response to pain or injury; or

(3)

In protection of itself or its food, kennel or nursing offspring.

Vaccinated means properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a licensed veterinarian.

Vehicle means includes all forms of motor vehicles, bicycles, skateboards, wagons, carts, trailers and any other constructed or manufactured device utilized for carrying and moving property or persons along public rights-of-way.

Veterinarian means a person duly licensed to practice veterinary medicine within the United States. Any veterinarian practicing in the state must be licensed in the state.

Working animal. See Herding dog.

(Ord. No. 021209-01, § 1.101, 2-12-2009)