§ 6-151. Definitions.

As used in this article, the following words and phrases shall have the meanings provided below, unless the content of their usage clearly indicates another meaning:

Aggressive dog means a dog that meets one of the following conditions:

(1)

Bites, assaults, or otherwise attacks a person without provocation on the property of the owner and causes serious bodily injury to the person, provided that the person is on the property of the owner with the owner's consent or invitation;

(2)

Has displayed aggressive tendencies that cause a person of normal sensibilities to fear the dog will attack that person or a domesticated animal without provocation while inside an enclosure, and such enclosure is not sufficient to ensure the safety of persons or domesticated animals on adjoining property or the public at large;

(3)

Has otherwise interfered with the freedom of movement of persons in a public right-of-way, regardless of whether the dog was on the property of its owner; or

(4)

A peace officer or animal control officer has reason to believe the dog has a dangerous disposition and is likely to be harmful to humans or other domestic animals.

Bodily injury means physical pain, illness, or any impairment of physical condition that results from a bite or attack by a dog.

Dangerous dog has the same meaning as provided in § 822.041 of the Texas Health and Safety Code, as amended from time to time.

Owner has the same meaning as provided in § 822.041 of the Texas Health and Safety Code, as amended from time to time.

Public nuisance dog shall mean any dog that meets one of the following conditions:

(1)

Substantially interferes with the right to enjoyment of life or property by persons other than the owner by acts including, but not limited to, frequent, long, or continued barking or howling, repeated defecation on property other than that of the owner, or damaging property other than that of the owner;

(2)

Attacks domestic animals;

(3)

Is documented by BARC, a police officer, a neighborhood protection official or a member of the public to be running at large three or more times in a 12-month period; or

(4)

Is one of a number of dogs or other animals maintained on the property owned or controlled by its owner so as to be dangerous to the public health, safety or welfare.

Secure enclosure means a fenced area or structure that is:

(1)

At least six feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two feet into the ground;

(2)

Of sufficient size to allow the dog to move freely;

(3)

Locked;

(4)

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

(5)

Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure;

(6)

Clearly marked as containing a dangerous dog; and

(7)

Located no less than five feet from another property line or fence adjoining the premises on which the enclosure is located.

Serious bodily injury has the same meaning as provided in § 822.001 of the Texas Health and Safety Code, as amended from time to time.

Unprovoked means action by a dog that is not:

(1)

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

(2)

In response to pain or injury;

(3)

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

(4)

In response to a person trespassing or committing a crime on the owner's property.

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