§ 6-1. 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:

Abandoned shall mean to leave an animal in any place without providing reasonable and necessary care for the animal under circumstances under which no reasonable and similarly situated owner would leave an animal.

Animal shall mean any living creature classified as a member of the animal kingdom, including, but not limited to, birds, fish, mammals and reptiles, but specifically excluding human beings.

Animal control officer shall specifically refer to the designated animal control officer of the City of Vidor, Texas to include the determined duties by specific job description and supervision of the animal control department employees to include the assistant animal control officer.

Assistance dog shall mean a dog that is specially trained or equipped to help a person with a physical challenge and that:

(1)

Is used by a person with a physical challenge who has satisfactorily completed a specific course of training in the use of the dog; and

(2)

Has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with a physical challenge as reputable and competent to provide dogs with training of this type.

At large shall mean an animal that is not restrained by some physical means to the premises of the owner. Provided, however, that an animal shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the actions of the animal, or while confined within a vehicle, cage, fence or kennel.

Bite shall mean any abrasion, puncture, or tear of the skin actually or suspected of being caused by the teeth or claws of an animal.

Cat shall mean any member of the feline species.

City animal shelter shall mean a place operated by or for the city, whether or not a city facility, for the detention of animals as prescribed by law.

Collar shall mean a band, or harness of suitable device worn around the neck of a dog to which a licensed tag may be affixed.

Common terms are any terms used in this article that are not defined in this section shall be given the interpretation and meaning derived from their common usage or connotation.

Cows shall mean all bovine animals.

Cruelty shall mean any act or omission of care that inflicts unnecessary physical pain, suffering, or death on an animal. Cruelty includes, but is not limited to the following:

(1)

Striking, beating, kicking, dragging, choking, or the use of an object or weapon to inflict pain upon or to injure an animal;

(2)

Use of caustic, flammable, boiling or heated substances on an animal;

(3)

Suffocation or drowning of an animal;

(4)

Transport or confinement of an animal in an inhumane manner;

(5)

Torture, maiming, or mutilation of an animal;

(6)

Overworking, overdriving, or driving an animal when overloaded;

(7)

Shooting a firearm or other missile-projecting weapon at an animal; or wounding, capturing, or in any other manner molesting, injuring or killing an animal;

(8)

Inflicting burns, cuts, or lacerations on an animal by any method;

(9)

Failure to provide health-related care (including health-related grooming) of an animal;

(10)

Causing an animal, except livestock, to drag any heavy object, including but not limited to, cinderblocks, heavy weights, bricks, chains, or logs; or causing an animal to carry any other object with the purpose of building up the strength or endurance of an animal;

(11)

Failing unreasonably to provide necessary food, shelter, or care;

(12)

Abandoning unreasonably an animal in a person's custody;

(13)

Killing, injuring, or administering poison to an animal;

(14)

Training any animal for fighting against any other animal or person or causing one animal to fight another animal or person;

(15)

Using a live animal as a lure in dog race training or in dog coursing;

(16)

Horse tripping; or

(17)

Any other act that causes harm or injury to an animal.

(18)

In the case of activities where physical pain is necessarily caused, such as medical research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, "cruelty" means a failure to employ the most humane method reasonably available.

Custodian shall mean a person or agency which feeds, shelters, harbors, has possession or control, or has the responsibility to control an animal.

Dangerous dog has the meaning ascribed in V.T.C.A., Health and Safety Code § 822.041, as amended from time to time.

Dogs shall mean any Canis familiaris, including hybrids.

Domestic animal shall mean dogs, cats, horses, cattle, swine, sheep, lamas and goats.

Domestic ferret shall mean any Mustela putorius furo that is maintained as a pet.

Enclosure shall mean any area, which is surrounded by a fence or other barrier, that cannot be crossed by the animal being confined, and which enables the animal to remain dry and clean. An enclosure that contains an animal that has bitten or scratched a human must have solid partition-type sides. All enclosures must adhere to state and local regulations.

Exotic animal See: Wild animal.

Fowl shall mean chickens, ducks, turkeys, geese, or any other wild or domesticated gallinaceous birds.

Gamecock shall mean any rooster trained or bred for cockfighting. It can be identified by a missing wattle and comb. Said animal has physical and behavioral traits derived from breeding for cockfighting.

Gamefowl shall mean any of several breeds of domestic fowl bred or raised primarily for cockfighting.

Goats shall mean all caprine animals.

Guard dog shall mean a dog trained and used by law enforcement, by private security, or in protective functions where the dog is responsive to control by its owner or handler and used only for protective functions.

Guide dog shall mean a dog trained to assist a physically challenged person.

Hogs shall mean any various mammals of the family Suidae , which includes the domesticated pig and the pot-bellied pig.

Horse shall mean all equine animals.

Humane organization and/or rescue organization shall mean a nonprofit corporation that maintains a permanent shelter facility within the city 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. If applicable, all humane organizations must present upon request from the animal control supervisor, a copy of their 501(c) exemption form and medical records listing the supervising veterinarian's name and contact information.

Impoundment shall mean the taking or seizing of an animal by an animal control officer or a peace officer. An animal may be impounded for many reasons, including but not limited to the following:

(1)

Running at large;

(2)

Rabies quarantine;

(3)

Cruelty to the animal; or

(4)

Owner release of the animal.

Kennel. For purposes of this chapter, there shall be two classifications of kennels:

(1)

Commercial kennel shall mean any lot, building, structure, enclosure or premises where one or more dogs, cats or other pet animals are kept for commercial purposes, including boarding, breeding, sale of goods or animals, or the rendering of services for profit.

(2)

Residential kennel shall mean any lot, building, structure, enclosure or other premises where six or more dogs, each of which is over the age of four months, or six or more cats, each of which is over the age of four months, are kept, harbored or maintained as pets, or any facility occupied by a nonprofit corporation that cares for and has 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 burro, cow, donkey, emu, fowl, goat, horse, jenny, mule, ostrich, sheep, and swine or other similar animal commonly classified as livestock.

Livestock at large is the condition of an animal when it is not located on the property of its owner and not under control of a competent person. Running at large includes, but is not limited to, the condition of being staked, tied, or hobbled in any manner within the city limits which allows the animal to go upon public streets or sidewalks or property other than the owner's property.

Muzzle shall mean a device constructed of strong, soft material or metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or animal. Such device shall not interfere with the animal's ability to breathe.

Neuter refers to permanent sterilization to render male animals incapable of impregnation of female animals by means of either surgery performed to remove the testicles or chemical sterilization by which the animals are injected with a drug approved by the United States Food and Drug Administration for that purpose.

Owner shall mean any person, partnership, corporation or association that harbors, shelters, keeps, controls, manages, possesses or has whole or part interest in any animal. The occupant, owner or head of a household of any premises where an animal remains for three days or more shall be presumed to be the owner of such animal for the purposes of this chapter.

Pet shall mean any animal kept for pleasure.

Pet shop shall mean a commercial enterprise regularly engaged in the buying, selling or grooming of animals.

Pig shall mean any of the several mammals of the family Suidae, having short legs, cloven hoofs, bristly hair and cartilaginous snot used for digging, especially the domesticated hog and including the pot-bellied pig.

Places of public assembly shall mean any place, other than a private residence, where people are congregated, i.e., public buildings, parks, schools, flea markets and recreation areas.

Police dog shall mean any domestic dog that is owned or employed by a governmental law enforcement agency.

Public nuisance animal shall mean any animal that unreasonably annoys human beings, endangers the life or health of other persons or animals, or substantially interferes with the rights of persons other than their owners to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to any animal that:

(1)

Is repeatedly found at large.

(2)

Damages the property of anyone other than its owner.

(3)

Chases vehicles.

(4)

Makes excessive disturbing noises, including but not limited to, continued or repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to the neighbors or to others in close proximity to the premises where the animal is kept or harbored.

(5)

Molests or attacks, without provocation, on two or more occasions other animals or human beings.

Quarantine shall mean the humane confinement of an animal for the observation of symptoms for rabies, or other disease, in a secure enclosure that prevents the animal from coming into unplanned contact with any other animal or human being.

Restraint shall mean an animal is under restraint under the following circumstances:

(1)

It is securely caged or confined to its owner's home, motor vehicle, or yard which is fully enclosed by a secure and substantial fence.

(2)

It is accompanied by its owner or trainer at a bona fide dog show, field trial or exhibition.

(3)

It is used by a blind, deaf or handicapped person to aid him within the city.

(4)

It is secured/controlled by a leash of not more than ten feet in length.

(5)

It is in a place of public assembly securely leashed and muzzled in order to prevent biting.

(6)

It is a guard dog in the performance of duty in an enclosed building or securely fenced and in a locked area which is marked on all sides with clearly visible signs in four-inch letters stating "Guard Dog."

Rooster shall mean an adult male domestic chicken. It is relatively larger than a female chicken and it has a comb and wattle. Said animal has not been bred for cockfighting.

Sanitary shall mean any condition of good order and cleanliness which prevents and limits disease transmission.

Sheep shall mean all ovine animals.

Spay refers to permanent sterilization to prevent female animals from having estrus (heat) cycles and eliminating the ability to become pregnant by means of either surgery performed on an animal to remove the ovaries and uterus or chemical sterilization by which female animals are injected with a drug approved by the United States Food and Drug Administration for that purpose.

Sterilized refers to a spayed or neutered dog or cat.

Stray shall mean an animal that is improperly restrained and that wanders upon a public place, roadway, street, or highway, or the property of another person.

Therapy dog shall mean a dog that helps a person with a diagnosed emotional disorder for whom a letter has been issued by a physician stating that the removal of the animal would be detrimental to the person's emotional health.

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

Vaccinated animal shall mean an animal vaccinated against rabies within the past 12 months by a licensed veterinarian.

Vaccination shall mean an injection of a vaccine for rabies, approved by the United States Drug Administration (U.S.D.A.), and administered by a licensed veterinarian.

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

Wild animal shall mean any mammal, amphibian, reptile, arachnid, or fowl of a species that is wild by nature and that, because of its size, vicious nature or other characteristics, is dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, wolf-dog hybrids, cougars, coyotes, coyote-dog hybrids, raccoons, skunks (whether deodorized or not), apes, gorillas, monkeys of any species, foxes, elephants, rhinoceroses, alligators, crocodiles, caymans, fowl larger than a macaw, all forms of venomous reptiles and any snake that will grow to a length greater than ten feet. The term shall also include any animal listed as an "endangered species" under the Federal Endangered Species Act of 1973, as amended, or any fowl protected by the Federal Migratory Bird Treaty Act. The term wild animal shall not include gerbils, hamsters, guinea pigs, mice, ferrets, domesticated rabbits, and nonvenomous snakes under ten feet in length.

(Ord. No. 1163, § 1, 4-26-2012; Ord. No. 1204, § 1, 6-12-2014)

Cross reference

Definitions generally, § 1-2.