§ 4-1. 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:

Animal means a nonhuman, live vertebrate creature, wild or domestic.

Animal control facility means a facility operated or used by the city for the purposes of impounding animals as prescribed in this chapter.

Animal control officer means the person duly designated to carry out the duties of animal control officer as prescribed in this chapter. Unless otherwise specifically designated by the city manager, the chief of police of the city shall be the animal control officer.

At large means off the premises of the owner and not under the direct physical control of the owner or handler.

Cat means each and every domestic mammal of the feline species, regardless of age or sex.

Commercial animal establishment means any commercial operation which is reasonably calculated to provide shelter, care, maintenance, training, breeding, treatment of, or the provision of services to six or more animals over the age of 16 weeks at one time. This definition does not include a ranch operation engaged in the raising or keeping of livestock or poultry.

Cruelty to animals means any action that would constitute an offense within the meaning of V.T.C.A., Penal Code § 42.09, cruelty to livestock animals, or V.T.C.A., Penal Code § 42.092, cruelty to nonlivestock animals, including, but not limited to, the treatment of any animal in a cruel manner that causes or permits unjustifiable or unwarranted pain or suffering.

Dangerous dog means a dog that is:

(1) Not tame or gentle, but is of a wild nature or disposition and which, because of its size, nature, or other characteristics, would constitute a danger to human life or property if it were not kept or maintained in a safe manner or in secure quarters; or

(2) A "dangerous dog" as that term is defined by V.T.C.A., Health and Safety Code § 822.041, as amended.

Direct physical control means control by leash, cord, chain, or other similar means of physical restraint of a maximum length of 25 feet when the animal is off the premises of its owner or within an enclosure adequately constructed and maintained to ensure continuous physical restraint.

Dog means each and every domestic mammal of the canine species, regardless of age or sex.

Owner means a person, partnership, firm, corporation, company, or association who harbors or keeps an animal on or about the owner's premises. An animal is harbored if it is fed or sheltered by the owner for three or more days in a 30-day period on the owner's premises.

Permit means a printed or written certificate issued by the designated representative of the city authorizing the holder to operate a commercial animal establishment within the corporate limits of the city.

Public nuisance includes, but is not limited to, any animal that:

(1) Molests passersby or passing vehicles;

(2) Acts in a threatening manner in any location other than the property of its owner toward any person other than its owner;

(3) Attacks or chases another animal, other than on the property of the animal's owner or custodian;

(4) Causes trash or garbage to be removed from a trash or garbage container;

(5) Defecates on public property or on the property of a person other than the animal's owner;

(6) Trespasses on school grounds;

(7) Is at large;

(8) Damages public property or private property other than the property of the animal's owner;

(9) Causes an odor that is offensive to a person of ordinary sensibilities and tastes and that is detectable across the property line of the owner; or

(10) Continually barks, howls, or makes other noises that are disturbing and/or offensive to a person of ordinary sensibility and that are detectable across the property line of the owner.

Restraint means:

(1) The securing of any dog or cat by a leash, cord, chain or other similar means while the owner or custodian is in direct physical control.

(2) The dog or cat is confined by an adequately constructed and properly maintained fenced area or structure within the real property limits of its owner. The fence or structure must be a minimum of 150 square feet, per animal, in size. Shade, clean shelter, adequate food and clean water are required at all times.

(3) A dog or cat may be restrained by a properly maintained wireless electronic device; provided, however, that the owner of the wireless electronic device shall place signage on the property that is clearly readable from the adjacent street and that reads: "Electronic Pet Fence in Use."

Unlawful restraint shall have the meaning prescribed by V.T.C.A., Health and Safety Code ch. 821, subsec. D.

Vicious animal means any animal that constitutes a physical threat to human beings or other animals.

(Ord. No. 590, § III, 7-10-2012)