§ 6-2. 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.

Abandon means to leave without human supervision, unattended, and without adequate provisions, for an unspecified amount of time.

Animal means all living creatures, excluding human beings, and where applicable includes birds, fish, mammals, and reptiles.

Animal control officer means the person employed by the city to represent and act for the city in the impoundment of animals, controlling of stray animals, enforcement of this chapter and applicable state regulations, and as otherwise authorized herein.

Animal control center or shelter means a city-operated or designated facility for the impounding and caring of animals held under the authority of this chapter.

Animal waste means feces, urine, litter, bedding, spoiled food, or other animal matter that causes foul odors, attracts vermin or encourages their reproduction.

At large or running at large means an animal not kept within an enclosure or fenced area or restrained by a leash of sufficient strength and length to control the actions of said animal.

Building means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament or use.

Cat means an animal of the feline species, both male and female.

Circus or carnival means a commercial variety show featuring animal acts for public entertainment.

City means the City of Denton, Texas.

Commercial kennel means any premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats.

Dangerous animal means a dog that makes an unprovoked attack on a person, or a domestic animal, that causes bodily injury.

Dog means an animal of the canine species, both male and female.

Domestic animal means all species of animals commonly and universally accepted as being domesticated.

EAID means electronic animal identification device commonly referred to as a microchip.

Enclosure means a fenced area or structure that physically blocks the escape of an animal contained therein. Additionally, in non-rural zoning districts, an enclosure must serve as a physical barrier to the entry of adults, children and dogs.

Equestrian developments means residential developments which are designed to accommodate equestrian activities and which provide such facilities as community stables, riding rings, pastures, and riding trails. In addition, private stables may be located on individual residential lots.

Estray means any stray livestock.

Feral cat means a cat that is (1) born in the wild or is the offspring of an owned or feral cat and is not socialized, (2) is a formerly owned cat that has been abandoned and is no longer socialized, or (3) lives on a farm.

Feral cat caretaker means a person other than the owner, who provides food, water or shelter to, or otherwise cares for, a feral cat.

Feral cat colony means a group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any non-feral cats that congregate with a colony shall be deemed to be a part of it.

Ferret means a domesticated animal of the putorious family, both male and female.

Fowl means any species of feathered animals which are normally suited for, or kept or used on, a farm, a ranch, or similar setting for agricultural purposes such as food or food production, animal husbandry, and production of clothing material, commerce, or other similar purpose, regardless of age, breed, or sex, unless stated herein, or determined by the animal control officer. The following and similar species shall be considered to be fowl regardless of age, breed, or sex, unless otherwise stated herein or determined by the animal control officer: chickens, ducks, game hens, geese, guineas, peafowl, pheasant, quail, swans, and turkey.

Habitation means a structure that is adapted for the overnight accommodation of persons.

Harbor means the act of keeping and or caring for an animal or of providing premises to which the animal returns for food, shelter, or care, for a period of at least three (3) days, or protection from impoundment.

Hybrid means the offspring of two (2) animals of different species.

Livestock means any species of animals which are normally suited for, or are kept or used on, a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food or food production, production of fiber or clothing material, riding, driving, pulling, hauling, commerce, or similar purpose. For purposes of this chapter, the following or similar species of animals shall be considered to be livestock, regardless of age, breed, or sex, unless otherwise stated herein or determined by the animal control officer: bovine, equine, goats, sheep, swine.

Owner means any person owning, keeping or having custody or control of, or who has primary responsibility for the care of, or right of property in, an animal.

Police canine means any dog trained or being trained for law enforcement purposes, which is under the care, custody, and control of a law enforcement officer.

Possession means actual care, custody, control or management of an animal.

Premises means any parcel of land that is owned, leased, or otherwise controlled by a person.

Prohibited animal means any species of animals whose sale, display, or possession within the city limits is unlawful. The following or similar species of animals, including their hybrids, shall be considered prohibited:

(1)

Class Reptilia. Family Helodermatidea (the venomous lizards); family Viperidae (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae—Dispholidus typuss (boomsland), Cyclagras gigas (water cobra) and Bioga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order Crocodilia (crocodiles, alligators, caimans and gavials);

(2)

Class Aves. Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus);

(3)

Class Mammalia. Order Chiroptera, including bats; Order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family mustelidae (such as weasels, martens, minks, badgers), except domesticated ferrets; family Procyonidae (raccoons; family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels).

Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse, gerbil, or reptile families Leptotyphlopidae and Colubridae.

Protective custody impound means the impoundment of an animal as the result of a fire, medical emergency, hospitalization, custody arrest, or other natural or manmade situation that leaves the owner, harborer or person otherwise in possession of animal incapable of maintaining control of, or caring for, the animal.

Public place means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, sidewalks, highways, alleyways, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

Quarantine means the strict isolation of a biting animal or animal suspected of being rabid in a closed cage or pen in a manner that prevents physical contact between the animal and all other animals and humans.

Sterilization means the surgical removal of the reproductive organs of an animal to render it unable to reproduce.

Stray animal means any animal for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city.

Strict isolation means to confine an animal in a closed cage or pen in a manner which prevents physical contact with other animals or people for a period of time specified by the animal control officer.

Tethered means an animal attached to a stationary object by a chain, cable or similar device commonly used for the size and type of animal involved. An animal is not considered tethered when the animal is attached to a stationary object, as long as the owner or custodian is physically within reach of the animal. Any tethering device used to tether an animal must be at least ten (10) feet in length.

Vaccinated means an animal properly injected by a licensed veterinarian with a rabies vaccine licensed for use in that species of animal by the United States Department of Agriculture (USDA).

Vermin means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect which may be annoying, destructive, or injurious to health.

(Ord. No. 2000-460, § 1, 12-19-00; Ord. No. 2003-309, § 2, 9-16-03; Ord. No. 2006-330, § 1, 12-12-06; Ord. No. 2008-059, § 1, 3-4-08; Ord. No. 2016-217, § 1, 8-2-16)

Cross reference

Definitions and rules of construction generally, § 1-2.