§ 6-1. Scope; definitions; penalty.

(a)

This chapter shall apply to animals or property found or located within the corporate limits of the city.

(b)

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

Adoption means the sale of an animal that is owned by and in the custody of BARC to a member of the general public in exchange for cash or other financial consideration.

Animal control officer means an individual employed by the city who meets the definition and training requirements of Chapter 829 of the Texas Health and Safety Code.

BARC means the division of the department of administration and regulatory affairs responsible for the city's animal shelter, animal adoptions, and enforcement of animal regulations.

Commercial breeder means any person who:

(1)

Breeds dogs or cats for the purpose of selling; or

(2)

Sells or offers for sale unneutered or unspayed offspring of dogs or cats to another person.

Commercial pet service facility means any lot, enclosure, premises, structure, or building where dogs or cats over the age of four months are kept or maintained for any commercial purpose. This term includes a mobile commercial pet service business. Provided, however, for purposes of article IV of this chapter only, commercial pet service facility shall not include commercial breeders, hobby/conformation breeders, non-commercial breeders, veterinarians, or veterinary hospitals.

Current rabies vaccination means a rabies vaccination that was administered in compliance with the requirements of Chapter 826 of the Texas Health and Safety Code and Title 25 of Chapter 169 of the Texas Administrative Code and that has not expired under the terms thereof.

Department means the department of administration and regulatory affairs.

Director means the director of the department of administration and regulatory affairs or his designee.

Disposition means the relocation of an animal or termination of ownership of an animal by BARC through adoption, transfer to a humane organization, or humane euthanasia.

Domestic animal means any beast or bird that has been bred or trained to need and accept the care of humans and to live in a tame condition, including, but not limited to, livestock, goat, swine, dog, cat, fowl, or other beast or bird.

Domestic cat means Felis catus, Felis domesticus, or any domesticated member of the genus Felis.

Domestic fowl means birds of a breed developed or kept for the purpose of meat production, egg laying or purely for ornament or show, including, but not limited to, chickens, turkeys, geese, ducks, pea-fowls, and parakeets, canaries, parrots, cockatoos, macaws or similar birds.

Extreme weather conditions means conditions in which the actual or effective outdoor temperature is below 32 degrees Fahrenheit, or a hurricane, tropical storm, flood, flash flood, severe thunderstorm or tornado warning or heat advisory has been issued for the jurisdiction by the National Weather Service.

Feral animal means any untamed or free-roaming animal other than a domestic cat.

Feral cat means any free-roaming or untamed domestic cat.

Hobby/conformation breeder means a person who:

(1)

Breeds personally-owned dogs or cats for the purpose of improving a breed, showing in a competitive venue, use in a sporting activity or working purposes, or other personal reasons;

(2)

Is a member in good standing with an organized national, regional, or local club established for the purposes listed above in item (1), as evidenced by a membership card or other proof of membership; and

(3)

Sells, trades, barters, distributes, or otherwise exchanges consideration for dogs or cats to other hobby/conformation breeders or conducts private sales to individuals. For purposes of this chapter, this term shall not include sales, trades, barter, distribution or the exchange of consideration to wholesalers or brokers.

Hearing officer means an individual employed by the municipal courts department of the city designated to conduct administrative hearings and enter orders in the manner provided by this chapter, and who shall have no prior knowledge of the facts or circumstances regarding the matter at issue, except that he may receive a copy of the notice of the hearing prior to the hearing and may have conducted a prior hearing regarding a lesser penalty involving the same party.

Humane organization means:

(1)

An organization that utilizes a foster care network consisting of individual member or volunteer homes; or

(2)

A nonprofit corporation that maintains a permanent shelter facility for the care and custody of sick, injured, lost, abandoned or strayed animals and provides veterinary services for the care of the animals kept in its shelter facility under the supervision of a veterinarian who is employed or retained by the corporation.

Livestock shall mean any sheep, llama, or any equine or bovine species.

Neuter refers to permanent sterilization to render male animals incapable of impregnating female animals by means of:

(1)

Surgery performed to remove the testicles; or

(2)

Chemical sterilization utilizing a drug approved by the United States Food and Drug Administration.

Non-commercial breeder means any person who allows a dog or cat in his possession to produce offspring.

Owner means any person who owns, harbors, or has custody or control of an animal but shall not include a person providing commercial or veterinarian services to an animal.

Police officer means any peace officer employed by the city's police department.

Running at large or to run at large means an animal that is allowed to go on public or private property without its owner or a person having direct physical control over the animal; the terms include any animal that is staked, tied or hobbled in any manner as to allow the animal to access public streets or sidewalks.

Spay refers to permanent sterilization to prevent female animals from having estrus (heat) cycles and eliminating the ability to become pregnant by means of:

(1)

Surgery performed on an animal to remove the ovaries and uterus; or

(2)

Chemical sterilization utilizing a drug approved by the United States Food and Drug Administration.

Sterilized refers to a spayed or neutered dog or cat.

Sterilized pet license means a current and valid license issued under this chapter for a dog or cat that has been spayed or neutered.

Trap, neuter, and return program means a program approved by the director in which feral cats are humanely trapped, evaluated, vaccinated, sterilized, and marked by an identifying notch in the left ear by a veterinarian and returned to the trap location.

Unsterilized refers to a dog or cat that has not been spayed or neutered.

Unsterilized pet license means a current and valid license issued under this chapter for a dog or cat that has not been spayed or neutered.

Veterinarian means any person licensed to practice as a doctor of veterinary medicine by the state of Texas.

Veterinary hospital means any place where medical and surgical treatment is administered to animals by or under the supervision of a veterinarian.

(c)

The violation of any provision of this chapter is hereby declared to be unlawful. Provided, however, any violation of this chapter that constitutes an offense under Chapter 826 of the Texas Health and Safety Code or other applicable state laws shall be punishable as provided thereunder.

(Ord. No. 2014-244, § 2(Exh. A), 3-26-2014)