§ 6-1. Definitions.
For the purpose of this chapter, the following terms, phrases, and words have the meanings given to them in this section. The word "shall" is always mandatory and not merely animal services managery.
Abandon means leaving in an enclosure or at large without providing food and water or shelter from sun, rain, hail, or snow.
Abused means wounded, maimed, trapped, beaten, crippled, starved, or tortured by any means or lack of necessary, immediate medical care or failure to give food or water when there is a duty to do so.
Animal means any member of the group of living beings from the class of mammals (excluding humans), bird or fowl, reptiles, or amphibians generally capable of spontaneous and rapid motor response to stimulation.
Animal control officer or animal services officer means an employee of the city appointed by the animal services manager to supervise the operation and maintenance of the city animal shelter, to act as the animal control authority under state law, and to help carry out and enforce the provisions of this chapter.
Animal services means the City of Irving Animal Services Department.
Animal services manager means the animal services manager, or his authorized representative. The animal services manager shall be responsible for the enforcement of this chapter and any regulations promulgated hereunder, unless otherwise provided by law.
Animal shelter means the City of Irving Animal Shelter.
Attack means the biting or scratching of a person or an animal by an animal.
At large means:
(1)
On 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 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 to preclude the animal from making unsolicited contact with any person, their clothing, their property, and/or their premises.
(3)
Provided however, that any animal confined within a cage, automobile, truck, or any other vehicle of its owner shall not be deemed at large.
(4)
Provided however, that any dog lawfully allowed in an off-leash site as defined by the parks chapter of the Irving Code of Ordinances shall not be deemed at large.
Bee means any stage of the common domestic honey bee (Apis mellifera).
Bodily injury means physical pain, illness, or any impairment of physical condition.
Breeder means a person who breeds dogs or cats and transfers possession of more than two (2) litters in a twelve-month period.
Cat means all domesticated members of the feline family.
Chicken means all breeds of Gallus gallus domesticus, a common domesticated fowl widely kept for meat and eggs.
Dangerous animal means an animal that:
(1)
Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept that was reasonably certain to prevent the animal from leaving that enclosure on its own; or
(2)
Commits unprovoked acts in a place other than an enclosure in which the animal was being kept that was reasonably certain to prevent the animal from leaving that enclosure on its own and those acts caused a person to reasonably believe that the animal will attack and cause bodily injury to that person; or
(3)
Has a known propensity, tendency, or disposition, although unprovoked, to attack, to cause injury, or to threaten the safety of persons; or
(4)
Has been declared a dangerous animal previously by the animal services manager.
Court means the Municipal Court of the City of Irving, Dallas County, Texas.
Dangerous animal means:
(1)
An animal, including a dog, that makes an unprovoked attack on a human, which causes bodily injury and occurs in a place other than an enclosure in which the animal was kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
(2)
An animal, including a dog, 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 reasonably to believe that the animal will attack and cause bodily injury to that person; or
(3)
An animal, including a dog, that makes an unprovoked attack on a domestic animal or domestic fowl which occurs when the attacking dog is at large. For purposes of this subsection only, the animal services manager or court may take into consideration, any or all of the following circumstances, to determine whether or not the attacking animal is dangerous:
a.
The seriousness and/or extent of the injury to the attacked animal or fowl;
b.
Territorial issues associated with the location of the attack; and
c.
The manner in which the attacking dog was restrained immediately prior to and at the time of the attack.
Designated caretaker means the provisional assumption of ownership for the purposes of administering preventative immunizations and treatment including emergent humane euthanasia as directed by a licensed veterinarian in the event of suffering during an animal's stray hold period at an impound facility.
Direct physical control means outside with the dog and near enough to the dog to exercise physical control over the dog in the event it should become necessary to do so to protect the dog, a human, or another animal from harm.
Dog means any domesticated member of the canine family.
Domesticated animal means any animal which is naturally tame and gentle.
Endangered species means any species of animal that is considered endangered by international, federal, or state regulations.
Foster home means a temporary care facility for an animal owner or harborer.
Harbor means to provide home, sustenance, shelter, refuge, care, or habitat for or to exercise custody or control over a domestic animal. Harbor does not include feeding wildlife or providing assistance in an emergency to an injured or ill animal or providing care on a temporary or one-time basis so long as such activity is not a nuisance to others.
Hen means a female chicken.
Impound means to take into custody or to place in the animal shelter of the city or other authorized confinement area.
Licensed veterinarian means a veterinarian licensed by the Texas Board of Veterinary Examiners.
Livestock means domestic animals generally used or raised on a farm for profit or use, including, but not limited to, cattle, cows, sheep, goats, pigs, bulls, stallions, jacks, hogs, and sows.
Manager means the animal services manager or his authorized representative.
Microchip implant means a passive electronic device that is injected into an animal by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners. The microchip implant shall be supplied with an exterior collar-type tag for purposes of an external means of notifying others that the animal has been implanted with a microchip.
Microchip reader means an electronic scanner with an operating frequency that is able to detect a microchip that has been implanted in an animal and display the number of the microchip to its operator. The microchip reader shall be of a type that activates and displays the number of a microchip manufactured by multiple vendors.
Miniature donkey means a donkey that is no taller than thirty-four (34) inches at the withers.
Miniature horse means a horse that is no taller than thirty-four (34) inches at the withers.
Multiple pet owner means an individual who desires to keep more than four (4) but not more than eight (8) dogs or cats or combination of dogs or cats as personal pets.
Municipal court means the city municipal court of record.
Neglected means without sufficient food, shelter, water, or without appropriate veterinary care and treatment to maintain health, or heavily infested with parasites.
Nuisance animal means any wild or feral animal found on a person's property that potentially could be a threat to personal property, safety, or health.
Owner means any person who owns, keeps, shelters, maintains, feeds, harbors or has temporary or permanent custody of a domestic or prohibited animal, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupied by that person over which that person has control. An animal shall be deemed to be owned by a person who harbored it, fed it, or sheltered it for three (3) consecutive days or more. If a person under the age of seventeen (17) years owns an animal subject to the provisions of this chapter, the head of the household of which such person under the age of seventeen (17) years is a member shall be the person responsible for the animal under this chapter. Such household head may himself be under the age of seventeen (17) years and therefore subject to prosecution under this chapter. There may be more than one (1) person responsible for an animal.
Permit means a certificate issued by the city.
Person means an individual, association, partnership, corporation, trust, estate, joint-stock company, or foundation.
Pigmy goat means a goat that is no taller than twenty-three (23) inches at the withers.
Potbellied pig means a dwarf swine breed originally developed in the 1960s from a breed in Viet Nam.
Pooper scooper means any device or container used to remove animal feces.
Preferred breeds/mix means a breed or mixture of breeds that the animal services manager or animal services supervisor deems more adoptable than average.
Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or hutch.
Prohibited animal means an animal that poses a potential physical or zoonotic disease threat; that is a member of an endangered species; or that is protected by international, federal, or state regulations other than a common domestic species regardless of state of duration of captivity including, but not limited to, the following categories:
(1)
Class Reptilia.
Category I-Order Squamata, family Helodermatidae (the venomous lizards such as Gila monsters and beaded lizards), family Hydrophiidae (marine snake), family Vioeridae (such as rattlesnakes, copperheads, cottonmouth, moccasin, and true vipers), family Elapidae (such as coral snakes, cobras, and mambas), family Colubridae (including rear-fanged colubrids such as Dispholidus typus (boomslang), Hydrodynastes gigas (water cobra), Boiga dendrophilia (mangrove snake), and other venomous Boiga species, and Thelotornis kirtlandi (twig snake), family Boidae (such as pythons and boas longer than six (6) feet, anacondas); order Crocodilia (such as crocodiles, caimans, and gavials).
(2)
Class Aves.
a.
Category II-Order Sfrigiformes (such as owls), order Falconiformes (such as falcons, hawks, eagles, and vultures).
b.
Category III-Super-order Paleo-
gnathae (Ratites) (such as ostriches, rheas, cassowaries, and emus).(3)
Class Mammalia.
a.
Category IV-Order Carnivora, family Felidae (such as lions, ocelots, margays, tigers, jaguars, leopards, and cougars), except domestic cats, the family Canidae (such as wolves, dingos, coyotes, and jackals), except domestic dogs, family Ursidae (such as bears), suborder Pinnipedia (such as seals and sea lions); order Primata (such as apes, orangutans, chimpanzees, and gorillas); order Proboscidea (elephants); order Chiroptera (bats); order Ungulata (such as antelope, deer, bison, and camels); and order Marsupiala (such as kangaroos);
b.
Category V-Order Carnivora, family Mustelidae (such as weasels, skunks, martins, ferrets, mink, and badgers), family Procyonidae (raccoon), family Vivveridae (such as civets and mongooses); order Edentata (such as sloths, anteaters, and armadillos); and order Rodenfia (such as porcupines). Ferrets are not prohibited animals.
(4)
Fish.
Category VI-Order Anguilliformes, family Muraenidae and family Congridae (eels); order Cypriniformes; family Characidae (piranha fish).
(5)
Exceptions to list of class; family and order of prohibited animal. Prohibited animal does not include livestock, fowl, poultry, or common household pets, such as a psittacine bird, canary, finch, cockatiel, or other commonly kept domestic birds, small monkey, hamster, guinea pig, gerbil, rabbit, fish, or small, non-venomous reptile which is less than six (6) feet long and are not listed in any category above.
Registration means a rabies certificate issued by a licensed veterinarian and an identification tag recognized by animal services from an approved issuing agent.
Registration authority means a person or entity designated by the city council as an approved issuing agent for registration identification tags recognized by animal services pursuant to the provisions of this chapter.
Rescue group or rescuer means any individual or organization approved by the animal services manager and registered with the city that shelters animals for the purpose of protection, rescue, and eventual placement in a home where proper care can be given to the animal.
Residential purpose means use as a dwelling or residence, including, but not limited to, multifamily, fourplex, triplex, duplex, single-family dwelling, hotel, motel, and mobile home uses.
Restraint used with respect to a dog, means kept under the direct physical control of the animal's owner, by a leash, cord, chain, or similar physical attachment.
Rooster means a male chicken.
Secure enclosure means a securely enclosed area or structure that is:
(1)
Locked;
(2)
Capable of preventing the entry of the general public, including children;
(3)
Capable of preventing the escape or release of an animal;
(4)
Clearly marked as containing a dangerous animal;
(5)
Enclosed by a secure top and sides with a solid bottom or, constructed in such a manner which would prevent the animal from tunneling under the secure enclosure and escaping;
(6)
Protected from the elements adequately for the animal's humane care; and
(7)
In conformance with the requirements for enclosures established by the animal services manager or by this chapter.
A structure such as a house, mobile home, apartment, travel trailer, or other habitation or similar structure is not a secure enclosure when any window is open, or when a screen window or a screen door or other penetrable barrier is the only obstacle preventing the animal from exiting the structure, or when any door or other opening used for entry or exit by persons or animals is accessible to the dangerous animal.
Shelter means any structure that will shield an animal from the direct rays of the sun when the temperature is above ninety (90) degrees Fahrenheit or direct exposure to wind from the north when the temperature is below fifty (50) degrees Fahrenheit.
Sterilized, in reference to an animal, means rendered incapable of reproduction by means approved by the American Veterinary Medical Association.
U.S.D.A. means the United States Department of Agriculture, Animal and Plant Health Inspection Service.
Unprovoked attack means an attack by an animal on a person who at the time of the attack by the animal was not committing a willful trespass or other tort upon the premises occupied by the owner or harborer of the animal; or was not teasing, tormenting, abusing, or hitting the animal; or had not in the past, been observed or reported to have teased, tormented, abused, or hit the animal; or was not committing or attempting to commit a crime.
Vaccination means the inoculation of an animal with a rabies vaccine, that is licensed by the United States Department of Agriculture for use in that species, and which is administered according to the label's directions by a veterinarian for the purpose of immunizing the animal against rabies.
Working day means any day Monday through and including Friday, excluding Saturday, Sunday and city, state, and federal-observed holidays.
Zoological park means a permanent facility other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals and operating under the inspection authority of the U.S.D.A.
Zoonotic disease means a disease which is of animal origin and usually causes illness to other members of animal populations and which can adversely affect man.
(Ord. No. 8597, § 1, 1-26-06; Ord. No. 8863, § 1, 9-20-07; Ord. No. 8882, § 1, 11-1-07; Ord. No. 8925, § 1, 3-13-08; Ord. No. 8934, § 1, 4-4-08; Ord. No. 2013-9513, § 1, 10-3-13; Ord. No. 2017-9935, § 1, 4-6-17 )