§ 8-23. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal, cat, dog, person, quarantine, rabies, licensed veterinarian, humanely destroy, vaccinated, currently vaccinated, observation period, quarantine period and unowned animal have the same meaning as provided by the state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055, and the rules of the state department of health promulgated pursuant to such law.

Animal control officer means the person employed by the county health officer or the city to enforce these rules.

Bite means any abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by an animal.

Certificate means a certificate bearing the signature and license number of a licensed veterinarian, rabies tag number, the name, color, sex, species, age and breed of a dog or cat, the name and address of the owner, the date of the vaccination, and producer, date, serial number and the type of vaccine administered.

County health officer means the duly appointed county health officer of the county, or any person or agent employed by the county health officer or city to enforce these rules.

Exposed to rabies means any dog or cat or other animal, whether it has been registered or vaccinated for rabies or not, which has been bitten, fighting with, or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.

Impound means the apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the animal control officer.

Impounding facility means any premises designated by the county for the purpose of impounding or caring for all animals found in violation of this article.

Owner means any individual, corporation, association or any other legal entity that harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog or cat. The occupant/head of household of any premises on which a dog or cat remains for a period of seven days or to which it customarily returns daily for a period of ten days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat, within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms "harboring," "sheltering" or "keeping," to be limited to the words of such presumption. If a minor owns a dog or cat or other animal subject to the provisions of this article, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog or cat or animal for the purpose of this article and under this article shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this article.

Restraint means the control of a dog or cat under the following circumstances:

(1)

When it is controlled by a line or leash not more than six feet in length, which line or leash is held by a human being who is capable of controlling or governing the dog or cat in question. See the definition of "owner," concerning minors.

(2)

When it is enclosed within a vehicle.

(3)

When it is on the premises of the owner and/or keeper, provided that such animal does not have access to a sidewalk or street.

(4)

When it is on the property of the owner and under the control of a person over 18 years of age, who is also on the property of the owner, and such animal has not engaged in any conduct which would require it to be impounded under this article.

Stray means any animal running free without restraint which is not on the property of the owner, and not under the control of a person 18 years of age or older.

Vicious animal means any animal that presents a physical threat to humans or other domestic animals.

(Code 1978, § 4-16; Code 1993, § 10-26)