§ 5-1. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Abandoned animal shall mean an animal abandoned while in the person's custody without making reasonable arrangements for assumption of custody by another person.

Animal shall mean any living vertebrate or invertebrate, domestic or wild, not including man.

Animal care services facility shall mean a facility operated by the city for the impoundment, care, disposition and/or adoption of animals.

Animal care officer shall mean a person designated by the state, or the city, who is qualified to perform such duties under the laws of this state and the ordinances of the city.

Animal permit hearing officer means the individual designated by the director to conduct administrative hearings to review the denial and revocation of excess animal permits authorized by this chapter provided that such person shall not have participated in any investigation of facts regarding the denial or revocation or be in the chain of command of any such person.

Animal nuisance shall mean a public nuisance created within the city in violation of article VII.

Bridle shall mean a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock.

Cat colony means a colony of free-roaming (homeless, stray, wild or untamed) cats that has been registered with the department and is maintained by a colony caretaker (who provides food, water and shelter) using trap, neuter and return methodology.

Choker collar shall mean a length of chain or nylon cord or rope with rings at either end such that the collar can be formed into a loop around the animal's neck that slips (adjusts) tighter when pulled and slips looser when tension is released.

City shall mean the City of San Antonio, Texas.

Cock shall mean the male of any type of domestic fowl.

Cockfight shall mean a contest wherein fowl are set against one another with the intention that they engage in combat.

Commercial boarding kennel shall mean any place other than a veterinary hospital where the property owner, tenant, or occupant keeps or allows others to keep or board any domestic animal for a fee, donation or non-monetary reward.

Competition animal shall mean a cat or dog that is of a breed recognized by and registered with an approved breed registry approved by the department and shows or competes in animal shows or other competition events sponsored by an approved breed registry.

Confined shall mean a situation by which an animal is effectively prevented from being free to roam or run at large at will.

Coop and run shall mean a fully enclosed and predator-resistant cage or a pen used to confine fowl within a designated location. The coop and run shall have roosts approximately eighteen to twenty-four (18—24) inches from the ground with at least eight (8) inches of roost space per bird.

Department shall mean the city's animal care services department.

Director shall mean the director of the city's animal care services department or his/her designee.

Dog shall mean any member of Canis familiaris or any combination of Canis familiaris and other canine species including both genders.

Domestic dog shall mean a member of Canis familiaris which is not a hybrid of Canis familiaris and another canine species.

Domestic animal shall mean any animal which is not prohibited, and commonly kept as pets at the owner's residence, including but not limited to domestic cats and dogs, domestic ferrets, rabbits, and domestic fowl.

Domestic cat shall mean any member of Felis domesticus.

Domestic fowl shall mean birds of a breed developed or kept for the purpose of meat production, egg laying or purely for ornament or show, including but not limited to ducks, geese, chickens, turkeys, partridges, parakeets and pigeons.

Dubbing shall mean the procedure of removing the comb, wattle, and sometimes earlobes of a game fowl.

Enclosure means for purposes of dangerous dogs, a house or a building, or in the case of a fence or a structure/pen, the fence or structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen must have secure sides to prevent the dangerous animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the dangerous animal. Notwithstanding the fence height restrictions of section 6-2, the animal care officer shall have the right to require that the fence be higher than six (6) feet or require a secure top and/or bottom be added to the structure/pen if the need is demonstrated. These additional requirements shall be based upon the type of animal to be kept in this enclosure and its anticipated ability to escape.

Gaff shall mean an artificial steel spur designed to attach to the leg of a cock to replace or supplement the cock's natural spur.

Game fowl shall mean a bird of any of various strains of domestic feral fowls developed chiefly for the intent of fighting or used in the act of cockfighting.

Grooming shop shall mean a commercial establishment (structure or vehicle) where animals are bathed, clipped, plucked or otherwise groomed.

Housing space shall mean the amount of confined space a pet has regular access to throughout the day to walk, run, play, eat and rest. This can include inside the home, if it is regularly accessible to the pet, and within an exterior fenced area within the owner's property. It shall not include any space where the animal can get on or off the property by its own free will.

Impound shall mean the placing of an animal in the city's animal care services facility, or, the taking into custody of an animal for purposes of transportation to the city's animal care services facility.

Keeper means any person, firm, corporation, organization or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances.

Livestock shall mean any equine, hog, sheep, goat, llama, or any bovine species.

Nondomestic animal shall mean and includes all animals other than domestic cats and dogs, domestic ferrets, livestock, rabbits and domestic fowl.

Owner of an animal shall mean any person owning or having care, custody, possession or control of an animal. Persons caring for an animal at the specific request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this Code.

Performing animal exhibition shall mean any spectacle, display, act or event, other than circuses and rodeos, in which performing animals are used.

Pet shall mean any animal kept for pleasure or enjoyment, rather than utility or commercial purposes.

Pet shop shall mean a business establishment, whether licensed or not by the department, where animals including dogs, cats, fish, birds, reptiles, or rodents are kept for sale or commercial barter.

Poisonous shall mean causing or capable of causing death or illness if taken into the body.

Puppy shall mean any member of Canis familiaris and other canine species including both genders four (4) months of age or under.

Quarantine shall mean the detention or isolation of an animal suspected of carrying an infectious or contagious disease.

Prohibited animals shall mean:

(1)

Any ape or other non-human primate;

(2)

Any member of the genus Canis including wolf, hybrid wolf, coyote, jackal or fox, and similar species except Canis familiaris;

(3)

Any member of the genus Felis including leopard, lion, panther, tiger, lynx, bobcat, cheetah, ocelot, margay, jaguarundi, and any similar species except Felis domesticus;

(4)

Mustelids; other than the domestic ferret (Mustela putorius furo);

(5)

Skunk;

(6)

Any venomous or poisonous reptile or venomous species except bees;

(7)

Crocodile, alligator, caiman or related species;

(8)

Miniature Vietnamese pot-bellied pig;

(9)

Ostrich or any other Ratites;

(10)

Bear; and

(11)

All other mammals that live in a natural state of undomesticated freedom including the opossum, raccoon, armadillo and squirrel.

Rabies vaccination shall mean a protective inoculation by a licensed veterinarian with a rabies vaccine recognized and approved by the United States Department of Agriculture given in an amount sufficient to provide an immunity that satisfies the requirement of state law.

Registered microchip shall mean an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner's or keeper's name, address, and telephone number (if available), and the description of the animal.

Rescue group shall mean a formal animal care organization whose declared mission is to take and care for unwanted, abandoned, abused or stray pets and attempt to find suitable homes for them.

Restraint shall mean a situation whereby an animal is secured by a tether, a leash or a lead, or is confined within the real property of its owner.

Responsible person shall mean a person to whose commands an animal in question is obedient, and who is capable of controlling the animal if the animal should fail to obey such commands.

Roosts shall mean bars where domestic fowl perch at night inside a coop and run.

Rooster shall mean the male of any type of domestic fowl.

Run at large shall mean to be free of restraint while outside the boundaries of the real property of the owner.

Selling (of animals) shall mean the permanent change of ownership resulting from the exchange of money, services or goods.

Severe injury means any physical injury that results in death, broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Shelter shall mean a clean and sturdy structure with a roof and three (3) sides and a fourth side allowing access that is protected from the elements and a floor that is elevated enough to keep the shelter dry. A shelter shall provide protection from rain, hail, sleet, snow, and subfreezing temperatures and must be large enough to allow the dog or animal to stand erect, sit, turn around and lie down in a normal manner.

Slasher shall mean a steel weapon resembling a curved knife blade designed to attach to the foot of a cock.

Spur shall mean a sharp horn-like protrusion that can grow on the legs of fowl.

Stray animal shall mean any animal not under restraint.

Temporary owner shall mean an individual who finds a stray animal, has the animal for fewer than thirty (30) days and attempts to find the true owner of the animal. When the owner cannot be found, a temporary owner then will find a new home for the animal.

Trap, neuter and return (TNR) program shall mean a nonlethal, humane alternative to deal with the stray cats which are captured, altered and returned back to their location in order to encourage the stabilization of the free-roaming cat population in the city.

Trapped animal shall mean an animal caught or taken in, as if in a trap or snare by skill, craft or trickery.

Unprovoked animal attack means an offensive attack by an animal that excludes circumstances in which immediately prior to the attack, and while properly confined and restrained:

(1)

The animal was taunted, teased or abused or otherwise assaulted by a person(s) or another animal- this includes being hit, kicked or struck, pulled, pinched, stepped on, squeezed, or bit by a person or other animal with any object or body part.

(2)

While properly restrained, the animal was defending or protecting a person(s) or property from a person(s) or another animal trespassing or committing a crime on the premises or property occupied by the owner.

(3)

The animal was protecting itself or its offspring.

Unrestrained s hall mean a situation where an animal is found to be without physical restraint provided in the form of a barrier such as a fence, tether or leash providing positive control of the animal and inhibiting the animal from getting off the occupant's property or away from physical control by the owner/keeper.

Vaccination certificate shall mean a document showing on its face that the animal described thereon has received a current inoculation of rabies vaccine in an amount sufficient to produce an immunity that satisfies the requirement of state law, inscribed with the date of the inoculation, the duration of immunity approved for that vaccine, the name and address of the animal's owner, all other information required by state law and signed by a licensed veterinarian.

Venomous shall mean capable of injecting venom by means of a bite or sting.

Veterinarian shall mean a person licensed to practice veterinary medicine in the state.

Veterinary hospital shall mean any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis of and treatment of diseases and injuries of animals.

Wild animal shall mean any nonhuman primate, raccoon, skunk, fox, wolf, leopard, panther, tiger, lion, lynx, bobcat, or other warm-blooded animals, or any poisonous or dangerous snake which can be found in the wild state.

Zoological park shall mean any facility, other than a pet shop or commercial boarding kennel, displaying or exhibiting one (1) or more species of nondomesticated animals operated by a person or government agency.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10; Ord. No. 2011-10-20-0863, § 2, 10-20-11; Ord. No. 2015-04-30-0354 , § 2, 4-30-15; Ord. No. 2017-10-05-0755 , § 1, 10-5-17)