Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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Community Cat means a free roaming cat that may or may not be socialized.Community cats who are ear tipped are sterilized and have received at least one vaccination against rabies. Ear tipped and sterilized community cats are exempt from stray, abandonment and at-large provisions directed towards owned animals.A cat without an ear tip or means of identification may be considered a community cat for the purposes of trap, neuter,and return(TNR). Community cat caregiver means a person who provides food,shelter or medical care to a community cat, while not being considered the owner,custodian, harborer,controller or keeper of a community cat or to have care or charge of a community cat.Caregivers must make every effort to ensure cats are sterilized,ear tipped and rabies vaccinated to minimize the impact on local wildlife,feed the proper quantity of food for the number of cats in appropriate food containers,discard food containers daily and feed only on their property or with the permission of another landowner(city,state or federal public property). Cat colony means three or more cats,who gather in close proximity and who have been fed and cared for at some level but are not claimed by any one person.Cats within a colony may be socialized(friendly)or unsocialized (feral). Free roaming cat means cats which are not confined to the house or an enclosure and are at large. Managed cat colony means a group of free-roaming cats living in close proximity together,all of which have been sterilized and vaccinated and are provided daily food and shelter by a community cat caregiver.The caretaker follows the most structured form of trap,vaccinate,alter, return and manage("TVARM"). Stray cat means cats which are currently or recently owned which may be lost from their homes.A free- roaming cat is not an indicator that the cat is lost/stray. Circus means a commercial variety show featuring animal acts for public entertainment. City veterinarian means a veterinarian, licensed in the State of Texas,and employed or designated by the city to serve as its veterinarian. Commercial establishment means establishments that engage in activities that include animal dealer, animal establishment,and animal exhibition,as those terms are defined herein. Dangerous animal means: (1) Any individual animal which, because of its physical nature or vicious propensity,would constitute a danger to human life or property;or any animal that is possessed of tendencies to attack or to injure human beings or other animals; (2) An animal that commits an unprovoked attack on a human being 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; (3) An animal that 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 reasonably to believe that the animal will attack and cause bodily injury to that person;or, (4) An animal that makes an unprovoked attack on a domestic animal or domestic fowl that causes bodily injury or death;and which occurs when such animal is at large. Dangerous wild animal means any animal not normally considered domesticated which, because of its size, vicious nature,or other natural characteristic would constitute a danger to human life, property or domestic animals, or any animal that is restricted from ownership by any state or federal law including, but not limited to, the following animals: (1) Reptiles:venomous reptiles, crocodiles or alligators; created: 2022-03-03 11:27:11 [EST] (Supp. No.34,Update 4) Page 3 of 40