§ 5-1. 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 animals left unattended for an unspecified amount of time exceeding 24 hours or creating a threat to their own health on private property or released without adequate provisions or with the intent to desert on public or private property.

Adoption shall mean the purchase of an animal from the city for companion animal purposes.

Animal shall include any living creature, vertebrate or invertebrate, domestic or wild, except humans.

Animal control division shall mean the agency or representative designated by the city to perform animal control enforcement and duties.

Animal control officer shall mean the person or persons designated to represent and act for the city to enforce this chapter in the impoundment of animals, controlling of stray animals and as otherwise required in this article.

Animal rescue organization shall mean a recognized nonprofit association devoted to the purposes of retrieving, rescuing, and permanently placing stray or abandoned animals in homes. Animal rescue groups shall only qualify for this designation if they are recognized by the city as such, have received approval from the city animal control manager, the organization is subject to inspection, and the organization is in compliance with all state regulations.

Animal shelter shall mean a public or private facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

Assistance animal shall mean 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 with training of this type.

At large shall mean an animal not physically confined within the boundaries of the owner's property, either by fencing that the animal cannot penetrate with any part of its body, go over or under, or by leash of six feet or less in length and of sufficient strength to control the animal, which prevents the trespass of any part of its body onto public or private property, walkways, or easements, and whose owner or handler is physically present and in proximity to the animal at all times.

Cat shall mean domestic or feral feline of any age, male or female.

City shall mean the City of The Colony, Texas, including all land and/or buildings within the city limits and the city's extraterritorial jurisdiction.

Commercial animal establishment shall mean any pet shop, grooming shop, corporation, association, partnership, trust or any other similar entity in which animals are used or which provides services for commercial purposes.

Dangerous animal shall mean an 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; or

(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 attack on a domestic animal that causes bodily injury and occurs in a place other than the enclosure in which the attacking animal was being kept, and was reasonably certain to prevent the animal from leaving the enclosure on its own, provided the victim animal was not at large at the time of the attack; or

(4)

An animal that has been involved in two or more separate bites, attacks, or possible rabies exposure cases, regardless of the extent of injury to the victim, animal or person.

Dog shall mean domestic or feral canine of any age, male and female.

Feeder shall mean any device or apparatus for supplying food in any manner, except that it shall not include a device or apparatus customarily and ordinarily used to feed domesticated animals.

Ferret shall mean a domestic member of the Mustela Putoris Furo family of any age, male or female.

Fowl shall mean chickens, turkeys, pheasant, quail, geese, ducks, doves, pigeons or similar feathered animals regardless of age, sex or breed.

Impound shall mean to place an animal in the city animal shelter or the taking into custody of the animal for transportation to the city animal shelter.

Litter shall mean one or more dogs, cats, ferrets or rabbits less than three months of age, birthed by the same mother, dog, cat, ferret or rabbit.

Livestock shall mean domestic equine, bovine, caprinae, and swine, regardless of age, sex or breed.

Notice shall mean written notice sent registered mail, return receipt requested, to the last known address of the addressee, or by personal service by an animal control officer.

Nuisance shall mean any animal or animals which:

(1)

Impedes, hinders or harasses passersby or passing vehicles.

(2)

Attacks other animals.

(3)

Damages, soils, defiles, or defecates on private property, parkway other than that of its owner or on public walks, recreation areas and medians or other public property unless such waste is immediately removed and properly disposed of by the owner.

(4)

Trespasses on school grounds.

(5)

Is repeatedly at large (two times or more).

(6)

Barks, whines, howls, crows or bawls in an excessive, continuous (15 minutes) or untimely fashion in such a way to prevent the reasonable use and enjoyment of a property within 300 feet of the owner's property perimeter.

(7)

Has bitten one or more persons.

Owner shall mean any person who has legal or equitable title to any animal, registered or unregistered, or who harbors or keeps any animal in his possession for a period greater than three days without filing a lost report with animal control, or who permits any animal to remain on or about his premises without notifying animal control.

Parkway shall mean the portion of a public street other than the roadway or sidewalk.

Permit shall mean a certificate issued by the city.

Possession shall mean actual care, custody, control or management of a certain animal for any amount of time.

Premises shall mean a parcel of land (one or more continuous lots), and the structures situated on that parcel, owned, leased or controlled by one or more persons.

Quarantine shall mean to detain or isolate on account of suspected contagion by either a licensed veterinarian or the animal control officer and/or comply with the requirements of the Rabies Control Act of 1981, V.T.C.A., Health and Safety Code ch. 826, as amended.

Rabbit shall mean any domestic lagomorphs of family Leporidae regardless of age, sex or breed.

Rabies vaccination shall mean a proper inoculation by a licensed veterinarian with a rabies vaccine. The owner of a dog, cat, or ferret shall have the animal vaccinated by four months of age and one year after the initial vaccine. The animal must be vaccinated every year or every three years thereafter, dependant on the vaccine administered.

Shelter shall mean to provide each animal with adequate protection and/or structure from the cold and heat, direct rays of the sun, direct effect of wind, rain or snow and be a commercially sold igloo or a structure comprised of three solid walls, a roof, and a floor, requiring clean, dry bedding material when the temperature is 35°F or lower. The structure shall provide sufficient room to allow each animal to sit, stand, lie in a normal manner and turn about freely. The structure must be maintained in a manner as not to create a public nuisance, i.e., odors, vermin, or similar unsanitary conditions.

Songbird shall mean any bird that, by species standard is less than one pound as an adult and utters a succession of musical tones.

Temporary basis shall mean a period of four months or less.

Uninterred carcass shall mean a dead animal not properly disposed of within 24 hours postdeath.

Vaccination shall mean an injection of any vaccine approved by the state and administered or supervised by a licensed veterinarian.

(Ord. No. 10-1843, § 1, 1-5-2010; Ord. No. 2010-1847, § 1, 3-1-2010; Ord. No. 2014-2062, § 2, 4-15-2014)