§ 7-1. Definitions.

In this chapter:

Adequate shelter means in regards to a dog or cat kept outdoors, a shelter accessible to the dog or cat meeting the following standards:

(1)

The shelter must provide protection from the weather, i.e., sun, wind, precipitation (in whatever form), or other inclement weather conditions;

(2)

If there are no artificial heat sources, the structure shall be small enough the allow the dog or cat to warm the interior of the structure and maintain its body heat, but large enough to permit normal postural adjustments, or standing;

(3)

Plastic air shipping containers and/or pet carriers shall not be used as outdoor shelters.

Animal means a warm-blooded animal.

Animal control authority means the city chief of police or his designee.

Animal control officer or ACO means an officer who is employed or appointed by the city who is responsible for animal control and is authorized to investigate violations of laws and regulations concerning animals and to issue citations in accordance with Texas law and this Code.

Animal fighting equipment means any equipment used for training, handling, housing, feeding, or transporting fighting animals. The term also includes animals used, trained, or bred for fighting or intended to be used, trained, or bred for fighting.

Animal shelter shall mean the Galveston Island Humane Society, Inc., or its successor, or as amended by city contract for services.

Board means the Texas Board of Health.

Cat means a domesticated member of the feline species of animals.

City means the City of Galveston, Galveston County, Texas.

Commissioner means the commissioner of health.

Coop shall mean an enclosed structure designed to house chickens.

Dangerous dog means a dog 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 dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own;

(2)

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

(3)

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

(4)

Has previously been declared to be a dangerous dog or animal by the animal control authority or any equivalent designation made by any governmental entity or court.

Department means the Texas Department of Health.

Director or local rabies control authority means the city chief of police or his designee who shall, among other duties, be responsible for enforcing the animal ordinances, the minimum standards for rabies control, and any rules adopted by the Texas Board of Health under the rabies quarantine provisions of V.T.C.A., Texas Health and Safety Code § 826.045, or its successor.

Dog means a domesticated animal that is a member of the canine family.

Epizootic means the occurrence in a given geographic area or population of cases of a disease clearly in excess of the expected frequency.

Exotic animal means exotic livestock, to include but are not limited to grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families; or exotic fowl, defined as ostriches, emus and other ratites.

Hen shall mean a female chicken that lays eggs. "Chicken" may also be used to refer to a hen.

Livestock means an animal raised for human consumption or an equine animal.

Microchip means a small radio frequency identification device that is inserted between the shoulder blades of an animal and is inert until activated by a scanner. The microchip provides specific information about an animal's identity.

Owner means any person, firm, corporation, organization, or department who owns or has custody or control of an animal. An animal is presumed to be owned by any person who feeds, provides water, shelters, or restrains the animal. If the "owner" of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal control ordinances, damages caused by an attack sustained by any person or domestic animal, and any determinations, orders, fines, or civil penalties imposed.

Pest shall mean any unwanted creature that would seek to access chicken feed, such as mice, rats or opossums.

Predator shall mean any creature that would seek to harm or consume chickens.

Quarantine means strict confinement of an animal specified by an order of the board, director, or their designee:

(1)

On the private premises of the animal's owner or at a facility approved by the board, director, or their designee; and

(2)

Under restraint by closed cage or paddock or in any other manner approved by board rule.

Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.

Restraint or restrained used with respect to a dog or cat means:

(1)

Kept in a secure enclosure;

(2)

Kept on the owner's property by means of a safe running tether or restraint, including an electronic fence, so that the animal may not go on the public streets or sidewalk; or

(3)

Kept under the direct physical control of the animal's owner by a leash, cord, or similar direct physical control.

Rooster shall mean a male chicken.

Run shall mean a completely enclosed area designed to allow chickens access to the outdoors while providing protection from predators.

Running at large means an animal not:

(1)

Under the direct physical control of its adult owner; or

(2)

Physically restrained within the premises of the owner.

Service animal or assistance animal means an animal that is specially trained or equipped to help a person with a disability and that:

(1)

Is used by a person with a disability who has satisfactorily completed a specific course of training in the use of the animal, and

(2)

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

Stray means roaming with no physical restraint beyond the premises of an animal's owner or keeper and is not reclaimed by the owner.

Veterinarian means a veterinarian licensed to practice veterinary medicine as required by the state.

Wild animal or wildlife means any nondomesticated creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a wild state, and which is not naturally tame or gentle, or which, because of its size, vicious nature and other characteristics, constitutes a danger to human life or property. Such creatures shall include, but are not limited to, all animals prohibited by the state or federal law, such as those defined as dangerous wild animals in the V.T.C.A., Texas Health and Safety Code § 822.101 and shall include, but are not limited to, the following animals:

(1)

Class mammalia. Order Carnivora, family felidae (such as lions, tigers, ocelots, jaguars, leopards, cheetahs, bobcats, lynx, serval, caracals, and cougars) except commonly accepted domesticated cats and hybrids involving same; family Canidae (such as wolves, coyotes, and fox) except domesticated dogs and hybrids involving same; family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink and badgers) except ferrets; family Procyonidae (such as raccoons); family Ursidae (such as bears); order Primata (such as monkeys and chimpanzees); and order Chiroptera (such as bats).

(2)

Poisonous reptiles, cobras and their allies (Elapidae, Hydrophiidae); vipers and their allies (Crotiladae, Viperidae); Boonslang and Kirtland's tree snakes; Gila monsters (helodermatidae); and crocodiles, alligators and their allies (order Loricata).

(3)

Brown recluse (Loxosceles) and black widow (Lacrodectus) spiders.

(Ord. No. 07-031, § 2, 4-26-07; Ord. No. 10-092, § 2, 11-11-10; Ord. No. 11-025, § 2, 4-14-11; Ord. No. 15-021, § 2, 3-26-15 )