§ 3.01.001. Definitions

As used in this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:

Altered animal . An animal rendered unable to procreate by vasectomy, tubal ligation, spay or neutering.

Animal . Any living vertebrate creature.

Animal breeder . An owner of an unaltered dog or cat that sells, trades, or gives away the offspring of the unaltered dog or cat.

Cat . All members of the feline family of either sex, including one spayed or neutered.

Dog . All members of the canine family of either sex, including one spayed or neutered, except that a dog used for law enforcement by a governmental entity is an instrumentality of the law enforcement officer and is subject only to the rabies provisions of this chapter or as mandated by state law.

Ear tipping . The surgical removal of one-third of the end of a cat's left ear under general anesthesia. This procedure is performed by, or under the direct supervision of, a licensed veterinarian typically during the sterilization process. Ear tipping is a widely accepted means of identifying if a free-roaming community cat is already sterilized, as it prevents that cat the stress of another unnecessary surgery. It is preferable that female cats are ear tipped on the left ear and male cats have their right ear tipped.

Free-roaming community cat . A cat that is abandoned, stray, lost or feral and cared for by a free-roaming community cat caregiver pursuant to this chapter.

Free-roaming community cat caregiver . A person who, in accordance with the trap-neuter-return-maintain program defined in this chapter:

(1)

Provides care, including food, water, and shelter where possible, makes provisions for appropriate vaccinations, and medical care to a free-roaming community cat; or

(2)

Has temporary custody over a free-roaming community cat.

A free-roaming community cat caregiver shall not be considered the owner or keeper of a free-roaming community cat.

Free-roaming community cat colony . Any number of cats that congregate, more or less, together as a group and are managed by a free-roaming community cat caregiver. While not every cat in a colony may be feral or stray, any cat that congregates with free-roaming community cats is deemed part of a free-roaming community cat colony.

Harbors or harboring . The act of keeping or caring for an animal.

Microchip . A small device placed under the skin between an animal's shoulder blades containing the owner's information and a number.

Multi-pet owner . A person who keeps or harbors more than seven dogs, other than puppies under four months of age.

Nuisance . For purposes of article 3.10, conduct by domesticated or free-roaming community cats that cause property damage or that disturb the peace. Stray, free-roaming or free-roaming community cats may create a nuisance by:

(1)

Habitually or continually howling, crying, or screaming; or

(2)

Habitually and significantly destroying, desecrating or soiling property against the wishes of the owner of the property; or

(3)

Causing significant damage to natural resources.

Owner . Any person, firm, corporation, company or association who has, harbors, keeps or causes or permits to be harbored or kept, or has in his care or who permits a dog, or cat or other animal to remain on or about his premises for a period of three days or more. A person, firm, corporation, company or association shall not be deemed the owner or custodian of an animal when the animal is free-roaming native wildlife or a free-roaming community cat.

Potbellied pig . The common name of animals otherwise scientifically known as Sus scrofa domestica.

Prohibited animal . An animal including but not limited to the following:

(1)

Any animal protected or endangered according to state or federal laws.

(2)

Class Reptilia : All venomous snakes, venomous lizards and other venomous animals within the Class Reptilia and animals in the Order Crocodilia.

(3)

Class Mammalia : Order Carnivora, Family Felidae (ocelots, panthers, bobcats, margay, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the Family Canidae (wolves, dingoes, coyotes, foxes and jackals), except domesticated dogs; Family Hyaenidae (hyenas); Family Mustelidae, (weasels, skunks, martins, mink and badgers), except ferrets; Family Procyonidae (raccoon); Family Ursidae (bears); Order Marsupialia (kangaroos and common opossums); Order Edentata (anteaters) except armadillos; Order Proboscidea (elephants); Order Primates (monkeys, chimpanzees and gorillas); Order Rodentia (porcupines); Order Ungulata (antelope, deer, bison and camels); and Order Artiodactyla, Family Suidae (wild boars) and Family Tayassuidae (javelina).

Qualified rescue organization . An organization that is tax-exempt under section 501(c)(3) of the Internal Revenue Code and is organized and operated exclusively for the purpose of the prevention of cruelty to animals.

Spayed or neutered . Surgically sterilized sexually

Temporary . Only the time necessary to carry out the authorized activity.

Trap-neuter-return-maintain . The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping, returning free-roaming community cats to their original location, and maintain the free-roaming community cat colony.

Unaltered animal . An animal that has not been rendered unable to procreate [by] spay or neutering.

(1996 Code, art. 3.100; Ordinance adopted 3-17-09, § 1; Ordinance adopted 2-17-15; Ordinance adopted 10-6-15)