§ 3-2. Definitions.

When used in this chapter the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:

(a)

Animal control means the animal control division of the police department.

(b)

Animal control officer means any person designated by the chief of police, or his designated representative within the police department, to represent and act for the city in impounding animals, controlling animals running at large, and, to enforce all regulations including as authorized by the state under the provisions of, but not limited to, the local rabies control authority.

(c)

Animal nuisance means the keeping of any animal in such a manner as to endanger the public health, to annoy neighbors through the accumulation of animal wastes which cause foul and offensive odors, is a hazard to any other animal or human being, or any animal that by its presence interrupts or otherwise interferes with the quality of life of those individuals in its proximity.

(d)

Animal shelter means the city facility that keeps or legally impounds stray, homeless or abandoned animals picked up within the city limits by an animal control officer.

(e)

Cruelty means to inflict pain or suffering and includes any act of neglect or abandonment.

(f)

Vicious animal means any animal with dangerous propensities that, without provocation, displays behaviors of biting, snarling, charging aggressively toward and individual or animal, growling with curled lips, popping of teeth, or barking with raised hackles.

(g)

Dangerous animal means any animal that:

(1)

Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure or tethering area in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure or tethering area on its own; or

(2)

Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or

(3)

Has attacked and bitten another animal without provocation on one previous occasion; or

(4)

The animal is determined by a veterinarian appointed by the city to have dangerous propensities; or

(5)

A police officer or animal control officer has reason to believe the animal has dangerous propensities or a dangerous disposition likely to be harmful to humans or animals, regardless of whether it has attacked, bitten or injured an individual or animal. Reasonable belief may stem from sworn affidavit from citizen describing display of dangerous propensities.

(h)

Dangerous propensities means without provocation, any one, or a combination of, the animal behaviors of biting, snarling, charging aggressively toward an individual or animal, growling with curled lips, popping of teeth, or barking with raised hackles; otherwise referred to as a vicious animal.

(i)

Estray act means the state requirements relating to livestock control.

(j)

Exotic animal means any and all species of animals which commonly exist in a natural, unconfined state are usually not domesticated and can pose a potential physical threat to the public or that is protected by international, federal or state regulations. This definition shall apply regardless of state or duration of captivity.

(k)

Fowl means all of those birds commonly called poultry, but not limited to chickens, ducks, geese, guinea fowl, turkeys, pigeons, and all the relatives of those birds which can be kept in pens, coops, cages, or enclosures of any kind.

(l)

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

(1)

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

(2)

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

(m)

Intact animal means a dog or a cat with its reproductive organs intact and capable of reproduction.

(n)

Kennel means any place or premises wherein any person boards, breeds, buys, lets for hire, trains for a fee, trades, or sells dogs or cats. This term shall not be construed to include an owner who sells a single dog or cat one year or older or an owner who sells a single litter of dogs or cats in any one calendar year which belongs to such owner as a private individual.

(o)

Observation period means the ten days following a biting incident during which an animal's health status must be monitored.

(p)

Owner means any person or persons, corporately, having title to any animal, or a person or persons, corporately, who has, harbors, or keeps, or who causes or permits to be harbored or kept, any animal in his care, custody or control or who permits an animal to remain on or about his premises, including multiple and separately addressed properties.

(q)

Pet shop means any establishment where dogs and cats are bought, sold or traded. The terms include all establishments selling dogs or cats exclusively or buying, selling or trading dogs or cats along with other animals or fowls.

(r)

Without provocation means not to arouse or stir up purposely, to incite or to invoke attack as a result of:

1.

A response to pain or injury; or

2.

Protection of itself or its food, eating or sleeping area, or nursing offspring.

(s)

Restraint means secured by a leash, lead, or enclosure.

(t)

Running at large means:

(1)

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

(2)

On-premises. Any animal not confined on premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping there from, or secured on the premises by a metal chain or leash of sufficient strength to prevent the animal from escaping there from and in accordance with applicable state law regarding the tethering of animals.

(u)

Substantial enclosure means an enclosure that meets the following requirements:

(1)

Maintained within a home with all doors and windows closed or when outside on a leash held by the dog owner or harborer or other responsible persons; or

(2)

A fence type enclosure that shall be a minimum of six feet in height, measured from the ground inside the enclosure and constructed from durable materials such as wood planking at least one-half inch thick or chain-link fencing that is 11 gauge or thicker. The fencing material must be sturdy and chain-links may not have gaps greater than two inches and wood planks may not have gaps greater than two inches. Bracing posts for such fencing shall be buried in concrete to a depth of no less than 18 inches in depth below ground level. Fencing may be required to extend below ground level if there is evidence that animals are attempting to dig under the fencing. All enclosure materials shall be maintained in good condition and must be free from damage or defects that may weaken the fence and facilitate escape of the dangerous animal. Entrances/exits to the enclosure, other than doors leading into buildings, shall be equipped with a locking device that keeps the gate securely closed at all times.

(v)

Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered in accordance with applicable state regulations by a licensed veterinarian.

(w)

Victim means a person or any domestic animal that has been attacked by any animal.

(x)

Working dog means a dog which is:

(1)

Registered as a guard dog with the city.

(2)

Under the control of a person working as a law enforcement officer or commissioned security officer; or

(3)

An assistance dog as defined under Section 121.002 of the Texas Human Resources Code.

(y)

Bite means any abrasion, scratch, puncture, tear or piercing of skin actually or suspected of being caused by an animal.

(Ord. No. 2520, Art. I, 3-6-12)