§ 18-1. 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:

Animal services facility means an establishment operated by the city for the temporary confinement, safekeeping, and control of animals which come into the custody of the city.

Animal services officer means a person certified as an animal control officer by the Texas Department of State Health Services and designated by the city to represent and act for the city in the impounding of animals, controlling of animals running at large, and enforcing the provisions of this chapter and all regulations relating to animals as authorized by state or federal law.

At large and running at large means:

(1)

On the premises of owner, any animal not confined to the premises of the owner by some physical means of sufficient height, strength, length, and/or manner of construction to preclude the animal from leaving the premises of the owner.

(2)

Off the premises of owner, any animal which is not physically and continually restrained by some person by means of a leash or chain of proper strength and length that precludes the animal from making an unsolicited contact with any person, his/her clothing, his/her property, and/or his/her premises; provided, however, that any animal confined within an automobile or other vehicle of its owner shall not be deemed at large.

(3)

Feral cats that have been sterilized, vaccinated for rabies, ear notched or otherwise permanently marked, and returned to locations within the city by the city in order to reduce the population of feral cats through sterilization shall not be considered to be at large or running at large.

Backyard chicken means a female chicken (hen) which is possessed or harbored for providing organic egg production in compliance with this chapter.

Cat means a member of the domestic feline species.

Chicken coop means an enclosed structure which meets the construction standards set forth in section 18-302. A chicken coop is not an accessory structure for purposes of Chapter 94, Comprehensive Zoning Ordinance of the City of Farmers Branch.

Control means owning, possessing, keeping, maintaining or harboring an animal.

Dangerous animal means:

(1)

An animal that 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)

An animal that 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;

(3)

An animal that commits an unprovoked attack on a human being that causes serious bodily injury or death and occurs in 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 unless the person who was attacked was trespassing or otherwise violating the law by being within the enclosure; or

(4)

An animal that is at large and commits an unprovoked attack on a domestic animal that causes serious bodily injury or death to the attacked animal death of the attacked animal.

(5)

The term dangerous animal does not include an animal that commits an unprovoked attack on a human being in an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure where the person who was attacked was trespassing or otherwise violating the law by entering the enclosure.

Dog means a member of the domestic canine species.

Exercise yard means the enclosure attached to the chicken coop that provides exercise for the backyard chickens and prohibits the backyard chickens from escaping such enclosure.

Feral cat means any cat without a permanent, indoor home, stray, abandoned or truly feral that does not have a microchip implanted or a collar with a current rabies tag displayed.

Impound means to take into custody or to place in the animal shelter of the city or other authorized confinement area.

Leash means a strong cord or chain attached to a strong collar fully capable of restraining the animal on which it is used and which is being held by the owner or other person.

Local rabies control authority (LRCA) means animal services manager or his designee.

Local rabies control incident (LRCI) means any bite, scratch, or other injury to a person caused by a warm-blooded animal that breaks the victim's skin and/or causes him or her to bleed and potentially come into contact with the injuring animal's saliva and could therefore allow the rabies virus to be transmitted from the animal to the person.

Owner means any person, group, firm, homeowners association, or corporation that owns, harbors, keeps, possesses or controls or causes to permit to be harbored, fowl or animals on or about his/her premises.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.

Prohibited animal means an animal not normally considered domesticated including, but not limited to, venomous lizards, venomous snakes, venomous spiders, venomous insects, venomous frogs, boas, pythons, crocodiles, alligators, owls, hawks, falcons, eagles, vultures, ocelots, tigers, leopards, cougars, panthers, lions, lynx, bobcats, wolves, coyotes, weasels, mink, raccoons, skunks, foxes, bears, elephants, kangaroos, opossum, bats, armadillos, monkeys, chimpanzees, antelopes, deer, goats, sheep, pigs, horses, mules, donkeys, cattle, oxen, llamas, buffalo, or any other wild animal capable of, or inclined to do serious bodily harm to humans or other animals defined as a "dangerous wild animal" in Texas Health and Safety Code, § 822.101, as amended.

Prohibited fowl means roosters, chickens, turkeys, pheasants, quail, guineas, geese, ducks, pigeons, peacocks, emu, ostriches and other similar feathered animals regardless of age or sex which are kept on property within the city but which shall not include backyard chickens kept in accordance with article VI of this chapter.

Rabbit means Oryctolagus cuniculus, which is a long-eared mammal, related to hares.

Registered/registration means the process the owner of existing, legal fowl or animals must complete in order to keep legal fowl or animals. This process requires the owner legal fowl or animals to contact the city; identify the property where the fowl or animals are being kept; identify the legal owner of the fowl or animals; and permit an animal services officer to inspect the property to verify compliance with city laws.

Secure enclosure or enclosure means an animal housing enclosure that meets all of the following criteria:

(1)

Is capable of preventing the entry of the general public, including children;

(2)

Is capable of preventing the escape or release of an animal in the enclosure;

(3)

Is clearly marked as containing a dangerous animal;

(4)

Has an attached, secure roof;

(5)

Has a concrete floor, or sides buried not less than two feet into the ground and constructed to prevent the animal from digging under the secure enclosure and escaping;

(6)

Is no closer than four feet to any property line;

(7)

Is locked with a key or combination lock when such animals are within the enclosure; and

(8)

Complies with all additional requirements as established and provided in writing to the owner by the animal services manager, his designee, or this chapter.

(9)

A secure enclosure or enclosure does not mean a residential home or commercial building unless specifically allowed by the animal services manager.

Serious bodily injury means an injury characterized by severe bite wounds or severe ripping or tearing of flesh that would cause either a) 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, or b) a reasonably prudent person to seek treatment from a veterinarian professional for an injured animal and would require hospitalization without regard to whether the person actually sought medical treatment for said animal.

Sterilization means the surgical removal of the reproductive organs of a dog or cat by a veterinarian to render the animal unable to reproduce.

Unprovoked means an action by an animal 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, immediate territory, or nursing offspring; or

(4)

In response to an assault or attempted assault on a person.

Veterinarian means a person licensed to practice veterinary medicine by the state board of veterinary medical examiners.

( Ord. No. 3518, § 1, 8-21-2018 )