§ 6-4. Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Animal includes every living organism that feeds on organic matter, typically having specialized sense organs and nervous system and able to respond rapidly to stimuli.

Animal-at-large shall mean any animal not under the restraint (as defined in this section) of a person capable of controlling the animal on or off the premises of the owner or the animal's handler.

Animal control officer or code enforcement officer shall mean any person designated by the City of Eagle Pass as an enforcement officer who is qualified to perform such duties as required by this chapter and/or state law.

Animal facility means any facility operated by the city, or authorized agency or its agents, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption or euthanasia.

Auction shall mean any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.

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

Choker collar shall mean a length of chain or nylon cord or rope with rings at either end such that the collar can be formed into a loop around the animal's neck that slips (adjusts) tighter when pulled and slips looser when tension is released.

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

Commercial boarding kennel shall mean any place other than a veterinary hospital where the property owner, tenant, or occupant keeps or allows others to keep or board any domestic animal for a fee, donation or non-monetary reward.

Competition animal shall mean a cat or dog that is of a breed recognized by and registered with an approved breed registry approved by the director and shows or competes in animal shows or other competition events sponsored by an approved breed registry.

Commercial animal establishment means any pet shop, grooming shop, guard dog or obedience training center, animal auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.

Confined shall mean a situation by which an animal is effectively prevented from being free to roam.

Currently vaccinated means vaccinated and satisfying the following criteria:

(1)

The animal must have been vaccinated against rabies according to the label recommendations of a United States Department of Agriculture (USDA) approved vaccine;

(2)

The animal must have been at least three (3) months of age at the time of vaccination;

(3)

At least thirty (30) days have elapsed since the initial vaccination; and/or

(4)

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

Dangerous animals (vicious animal) includes any wild mammal, reptile, or fowl which is not naturally tame or gentle, but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life, other animals, or property if it is not kept or maintained in a safe manner or secure quarters. The term "dangerous animal" also means and includes domestic mammal, including dogs, and cats, reptiles or fowl which because of its size or vicious propensity or other characteristic, would constitute a danger to human life, other animals, or property if it is not kept or maintained in a safe manner or in a secure quarters enclosure, or which shall have previously attacked or bitten a person or another animal and caused serious physical harm or property damage or which has behaved in such a manner that a reasonable person knows or should reasonably know that the animal has or possesses a tendency to attack or bite persons or other animals.

Director shall mean the city's director of public works, or his/her designee.

Domestic animal shall mean any animal which is not prohibited, and commonly kept as pets at the owner's residence, including but not limited to domestic cats and dogs, domestic ferrets, rabbits, and domestic fowl.

Domestic cat shall mean any member of the Felisdomesticus species.

Domestic dog shall mean a member of Canis familiaris which is not a hybrid of Canis familiaris and another canine species.

Domestic ferret shall mean any Mustelaputoriousfuro species.

Domestic fowl shall mean birds of a breed developed or kept for the purpose of meat production, egg laying or purely for ornament or as a pet.

Enclosure means for purposes of dangerous dogs, a house or a building, or in the case of a fence or a structure/pen, the fence or structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen must have secure sides to prevent the dangerous animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the dangerous animal. The animal control officer shall have the right to require that the fence be higher than six (6) feet or require a secure top and/or bottom be added to the structure/pen if the need is demonstrated. These additional requirements shall be based upon the type of animal to be kept in this enclosure and its anticipated ability to escape.

Euthanasia shall mean taking the life of an animal in a process that involves scientific and empathetic considerations of providing each animal with the least stressful death possible.

Fowl shall mean a bird of any kind; domestic cock or hen (Gallus Gallus).

Grooming shop shall mean a commercial establishment, structure or vehicle where animals are bathed, clipped, plucked or otherwise groomed.

Guard dog shall mean any professionally trained dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.

High risk animals shall mean those animals which have a high probability of transmitting rabies; they include skunks, bats, species of foxes indigenous to North America, coyotes and raccoons.

Housing facility shall mean any room, building or area used to contain a primary enclosure or enclosures.

Impoundment shall mean the collecting and confining of an animal because of a state or local ordinance.

Impoundment facility shall mean an enclosure or a structure in which an animal is collected or confined because of a state law or local ordinance.

Isolation shall mean the separation of an animal exposed or potentially exposed to rabies.

Keeper shall mean any person, firm, corporation, organization or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances.

Kennel shall mean any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats, and/or a facility for keeping more than four (4) animals of the same species.

Licensed veterinarian shall mean a veterinarian licensed to practice veterinary medicine in one (1) or more of the fifty (50) states.

Livestock shall mean domestic animals used or raised on a farm, especially those kept for a profit; specifically, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep and swine, regardless of age, sex or breed.

Local health authority or rabies control officer shall mean the animal control officers. Animal control officers shall be designated as the city's rabies control officer and shall handle all duties required under applicable state law.

Low risk animals shall mean those animals which have a low probability of transmitting rabies; they include all animals of the orders Marsupialia, Insectivora, Rodentia, lagomorpha, and Xenathra.

Microchip shall mean a transponder that is placed under an animal's skin by an injector and can be read by a microchip scanner.

Nondomestic animal shall mean and include all animals other than domestic cats and dogs, domestic ferrets, livestock, rabbits and domestic fowl.

Observation period shall mean the ten (10) days following a bite, scratch, or unprovoked attack incident during which the biting animal's health status must be monitored. The ten-day observation period will begin on the day of the bite incident (day one).

Owner shall mean any person, partnership, or corporation owning, keeping, or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is sheltered for three (3) consecutive days or more, or if it returns to a residence or business on three (3) separate days. Persons caring for an animal at the specific request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this code.

Person shall mean any individual, corporation, government or governmental subdivision, or agency, business trust, estate, partnership, association, or any other legal entity.

Pet or companion animal shall mean any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

Pet shop shall mean any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.

Possible exposure to rabies shall mean receipt of a bite, scratch, or unprovoked attack from any warm blooded animal mammal, mammal animal to human, or animal mammal to animal mammal, where there is reason to suspect exposure to rabies.

Prohibited animals shall mean:

(1)

Any ape or other non-human primate;

(2)

Any member of the genus Canis including wolf, hybrid wolf, coyote, jackal or fox, and similar species except Canis familiaris;

(3)

Any member of the genus Felis including leopard, lion, panther, tiger, lynx, bobcat, cheetah, ocelot, margay, jaguar, and any similar species except Felis domesticus;

(4)

Mustelids; other than the domestic ferret (Mustela putorius furo);

(5)

Skunk;

(6)

Any poisonous reptile or venomous species except bees;

(7)

Crocodile, alligator, caiman or related species;

(8)

Miniature Vietnamese pot-bellied pig;

(9)

Ostrich or any other Ratites;

(10)

Bear; and

(11)

All other mammals that live in a natural state of undomesticated freedom including the opossum, raccoon, armadillo and squirrel.

(12)

Any endangered animals (i.e. Texas Horned Toad).

(13)

Armadillo, squirrel, deer, birds of prey like owls, hawks, etc.

Provocation shall mean any purposeful act that causes an animal to bite, scratch, or attack in protection of self, owner, or owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with city ordinances would be considered provocation, irrespective of the reason for such entrance.

Public nuisance animal shall mean any animal or animals or fowl that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. "Public nuisance animal" shall mean and include, but is not limited to, any animal that:

(1)

Is repeatedly at large or stray;

(2)

Damages the property of anyone other than its owner;

(3)

Molests or intimidates pedestrians or passers-by, unless it is properly restrained;

(4)

Trespasses on school grounds;

(5)

Chases vehicles;

(6)

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;

(7)

Causes unsanitary conditions in enclosures or surroundings where the animal or animals are kept or harbored;

(8)

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

(9)

Attacks other domestic animals.

Puppy shall mean any member of Canis familiaris and other canine species including both genders twelve (12) months of age or under.

Quarantine shall mean strict confinement of an animal for the purpose of preventing the spread of disease, under restraint by closed cage, isolation kennel, rabies chamber, padlock, or in any other manner approved by the local health authority on the private premises of the owner or at a facility approved by the Texas Department of Health.

Rabies shall mean an acute viral disease of man and animal mammal affecting the central nervous system and usually transmitted by an animal bite or saliva.

Rabies vaccination shall mean a protective inoculation by a licensed veterinarian (in the U.S.) with a rabies vaccine recognized and approved by the United States Department of Agriculture given in an amount sufficient to provide an immunity that satisfies the requirement of state law.

Reptile shall mean any cold-blooded, scaly vertebrate, such as a turtle, lizard or snake of any kind.

Restraint shall mean a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. At all other times, a dog or other animal shall be confined to the realty or premises of the owner of such dog or other animal from escaping therefrom; or inside a house on such premises; or secured on such premises by a leash. It shall be unlawful for the leash to be arranged in a manner that allows the dog or other animal to get on or across a sidewalk, public way, place or building when such leash is stretched to its full length. Any animal so arranged shall be considered dangerous to the public in general and declared a nuisance, and shall be impounded. Although cats shall be exempt from the leash requirement while on the premises.

Responsible person shall mean a person to whose commands an animal in question is obedient, and who is capable of controlling the animal if the animal should fail to obey such commands.

Run at large shall mean to be free of restraint while outside the boundaries of the real property of the owner.

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

Secure shall mean to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog.

Secure enclosure shall mean 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 city.

Serious bodily injury shall mean an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

Severe injury shall mean any physical injury that results in death, broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Shelter shall mean a structure with a roof and three (3) sides and a fourth side allowing access that is protected from the elements and a floor that is elevated enough to keep the shelter dry.

Sick animal shall mean 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;

Stray animal shall mean any animal roaming with no physical restraint beyond the premises of an animal's owner or keeper.

Trapped animal shall mean an animal caught or taken in, as if in a trap or snare by skill, craft or trickery.

Unowned animal shall mean any animal for which an owner has not been identified.

Unprovoked animal attack shall mean an attack by an animal that was not hit, kicked or struck by a person with any object or body part, nor was any part of the animal's body pulled, pinched or squeezed by the person or animal that was attacked. An animal may be provoked without being touched if the actions involved are of a physical manner that are threatening or are non-physical but can be considered threatening such as yelling, taunting, etc.

Vaccinated shall mean an animal that has been properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and was administered by or under the direct supervision of a licensed veterinarian.

Vaccination certificate shall mean a document showing on its face that the animal described thereon has received a current inoculation of rabies vaccine in an amount sufficient to produce an immunity that satisfies the requirement of state law, inscribed with the date of the inoculation, the duration of immunity approved for that vaccine, the name and address of the animal's owner, and all other information required by state law and signed by a licensed veterinarian.

Veterinarian shall mean a person licensed to practice veterinary medicine in the state.

Veterinary hospital shall mean any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.

Wild animal shall mean any animal except the common domestic species, including, but not limited to, dogs, cats, horses, cattle, swine, sheep, and goats, regardless of the state or duration of captivity.

Wild state means living in its original, natural condition; not domesticated.

Wildlife shall mean any animal that occurs naturally in the wild state.

(Ord. No. 2018-20, § 1, 8-13-2018)