§ 10-2. Definitions.

When used in this chapter the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:

Animal care and adoption center. Facility designated and operated by the City of Haltom City for the purpose of impounding and caring for animals held under authority of this chapter.

Animal services officer. Person designated by the City of Haltom City as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of state law pertaining to the care and control of animals, or the designated representative of such person.

Boarding/riding stables. Any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee.

Dangerous animal. Any domestic animal that:

(1)

Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;

(2)

Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or

(3)

Makes an unprovoked attack on another domestic animal or domestic fowl in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts caused bodily injury or death.

Domestic animal. Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period.

Estray. Means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, pig, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle.

Exotic livestock/ratites. Any species classified as exotic livestock by the Texas Animal Health Commission.

Exotic species. Any animal born or whose natural habitat is outside the continental United States excluding non-venomous reptiles and fish.

Harbor. The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care.

Owner. Any person who has right of property in an animal including a person who keeps, harbors, or has custody of the animal.

Pet animal. Shall include dogs, cats, rabbits, rodents, birds, non-poisonous reptiles, and other species of animals which are sold or retained as household pets. Pet animal shall not include skunks, non-human primates, and any other species of wild, exotic, or carnivorous animals that are susceptible to rabies, but not animals that may be vaccinated for rabies, and that may be further restricted in this chapter.

Poultry. All domesticated fowl and all game birds which are legally kept in captivity except those classified as exotic livestock/ratite as defined above.

Quarantine by owner. Following are required:

(1)

Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten (10) days.

(2)

If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape.

(3)

Animal must be kept away from other animals and people except those in the immediate household.

(4)

Animal may not be removed from corporate city limits of Haltom City while under quarantine.

(5)

Owner shall notify the animal services officer immediately if animal becomes sick or displays any behavioral changes or dies or disappears.

(6)

Owner shall not subject the animal to any medical procedure without first notifying the animal services officer, this to include any vaccination.

Rabies vaccination. The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the Texas Department of Health and administered by a veterinarian licensed by the State of Texas.

Running at large. An animal shall be considered running at large:

(1)

Off premises: Any animal which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off premises.

(2)

On premises:

a.

Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping there from, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. No invisible or underground barrier or fence shall be allowed as a sufficient restraint pursuant to this section.

b.

An animal intruding upon the property of another person other than the owner's shall be termed "at large."

c.

Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals.

Secure enclosure. Means a house or a building, or in the case of a fence or structure/pen, the fence or structure/pen must be at least six (6) feet in height. The 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 shall have secure sides to prevent the dangerous dog or animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The animal services officer may require a fence higher than six (6) feet or require a secure top and a secure bottom to the structure/pen if the need is demonstrated.

Serious bodily injury. Means any 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 attack. Is defined as one in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.

Stray animal. Any animal, for which there is no identifiable owner or harborer, which is found to be running at large within the corporate limits of the City of Haltom City.

Theatrical exhibition. Any exhibition or act featuring "performing animals." Such exhibitions shall not include resident or non-resident dog and cat shows which are sponsored and/or sanctioned by the animal services officer, American Kennel Club, the United States Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, or any affiliate thereof, nor shall it include any primary horse show.

Unprovoked. With respect to an attack or act by an animal shall mean that the animal was not hit, kicked, or struck by a person or other animal with an object or part of a person or other animal's body nor was any part of the animal's body pulled, pinched, or squeezed by a person or other animal.

Veterinarian. Any practitioner of veterinary medicine licensed by the State of Texas to practice such in Texas.

Wild animal. Any animal which occurs naturally in a wild state. This includes any animal which is part wild animal.

(Ord. No. O-2013-004-04, § 1, 3-25-13)