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Pet animal means any animal that may be kept as a pet within the City of San Marcos so long,as all the
<br /> required provisions of this article are met,and is not a dangerous wild animal or a wild animal, including but not
<br /> limited to the following animals:
<br /> (1) Reptiles:Any non-venomous reptile that is not protected from ownership by any federal or state law;
<br /> (2) Birds:Any birds commonly kept as pets that are not protected from ownership by any state or federal
<br /> law, or any bird kept for falconry purposes by a state and federally permitted falconer;
<br /> (3) Fish:Any fish commonly kept as pets that are not protected from ownership by any state or federal
<br /> law;
<br /> (4) Mammals: Includes any mammal commonly kept as pets including dogs,cats,ferrets, rabbits,guinea
<br /> pigs, hamsters, hedgehogs, rats, mice,chinchillas, and sugar gliders but not limited to these;
<br /> (5) Livestock: Includes any single livestock temporarily kept as part of a bona fide school project,such as
<br /> for Future Farmers of America.
<br /> Pet shop/store means a business establishment,whether licensed or not by the department,where animals
<br /> including dogs, cats,fish, birds, reptiles,or rodents are sold,offered for sale, bartered,traded,given away, or
<br /> otherwise transferred are kept for sale or commercial barter. For purposes of this chapter, pet shop and pet store
<br /> are interchangeable terms.The term does not include an individual who sells,gives,or otherwise transfers dogs or
<br /> cats raised, bred,or both by the individual.
<br /> Pony ride means the use of any horse, pony, mule,donkey or burro to provide rides to,or to pull wagons
<br /> containing, individual s other than the animals'owners,whether gratuitously or for a fee.
<br /> Positive control means to be confined to a quarantine facility where the animal cannot make physical contact
<br /> with other animals or humans,other than a licensed veterinarian,animal control officer, or shelter operator.
<br /> Possible exposure to rabies means a bite received from any warm-blooded animal,animal to human or
<br /> animal-to-animal is reason to suspect exposure rabies.
<br /> Poultry means any species of domesticated birds commonly kept for eggs and/or meat.
<br /> Private owned animal sale means the individual sale of a pet animal by private owners to other private
<br /> owners that occurs at the residence of either the seller or the buyer.
<br /> Provocation means any purposeful act that causes an animal to bite,scratch, or attack in protection of itself
<br /> or its owner or its owner's premises. Entrance, in any manner,into an area where an animal is properly under
<br /> restraint in compliance with city ordinances would be considered provocation, irrespective of the reason for such
<br /> entrance.
<br /> Public health administrator means the director of the department overseeing environmental health and
<br /> animal services, or designee.
<br /> Public nuisance means the conduct of any owner in allowing an animal to:
<br /> (1) Engage in conduct which establishes such animal as a "dangerous animal,"such as attacking other
<br /> domestic animals or humans;
<br /> (2) Damage,soil, defile or defecate on private property other than the owner's or on public property,
<br /> unless such waste is immediately removed and properly disposed of by the owner of the animal;
<br /> (3) Be"at large"(excluding sterilized cats);
<br /> (4) Cause a disturbance by excessive barking or noise making, near the private residence of another or to
<br /> the extent that the barking or noise disturbs the peace or quiet of any neighborhood or can be heard
<br /> from within the residence of another;
<br /> Created: 2022-03-03 11:27:11 [EST]
<br /> (Supp. No.34,Update 4)
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