Unless otherwise stated includes any living creature including,
but not limited to, dogs, cats, cows, horses, birds, fish, mammals,
reptiles, insects, fowl and livestock, but specifically excluding
human beings.
The shelter provided for by the city, whether owned by the
city or contracted for by the city.
A place where a bee colony is kept.
An animal that is not confined on or off the owner's or keeper's
premises by a containment device of sufficient strength and/or height
to prevent an animal from escaping there from inside the house or
other enclosure or secured on said premises by a leash of sufficient
strength to prevent the animal from escaping from said premises, and
so arranged that the animal will remain upon said premises when the
leash is stretched to full length in any direction. An animal shall
not be considered "at large" when held and controlled by some person,
physically or by means of a leash or chain of proper strength and
length to control the actions of the animal or while confined within
a vehicle. An animal in the back of a pick-up truck is not an animal
running at-large. An animal that answers to commands that is under
the command of its owner or trainer while on the property of the owner
or other property with permission of property owner may be unconfined
if being exercised for play or work.
Any stage of the common domestic honeybee, Apis mellifera
species.
Any enclosed structure intended for use or occupation as
a habitation.
The word "cats" means cats of all ages, both male and female.
A hive and related equipment and appurtenances including
bees, comb, honey, pollen, and brood.
The word "dogs" means dogs of all ages, both male and female.
Any animals that are kept for commercial purposes, i.e.,
breeding, or production of food, fur, eggs, feathers, or fertilizers,
including but not limited to the following: sheep, goats, chickens,
ducks and geese or other fowl, and includes livestock.
The intrusion of the entire body.
Any mammal, amphibian, reptile or fowl which is not naturally
tame or gentle and is generally not found in the wild in the continental
United States and those regulated and defined by the state department
of parks and wildlife as exotic.
A solid wall, fence, dense vegetation, or combination of
these materials at least six feet high that extends at least 10 feet
beyond the hives on each end of a bee colony.
Chickens, turkeys, pheasants, quail, geese, ducks, or similar
tethered [feathered] animals regardless of age, sex or breed.
A structure that is adapted for the overnight accommodation
of persons and includes the following:
A structure intended to house a bee colony.
Domesticated animals normally kept for farm purposes: a horse,
stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog
or swine, sheep, goat, or head of any species of cattle.
Any thing or animal which is injurious to the health or morals
or indecent or offensive to the senses or an obstruction to the free
use of property so as to interfere with the comfortable enjoyment
of life or property is declared a nuisance and as such shall be abated.
Any person who has legal or equitable title to any animal,
harbors or keeps any animal in his possession, or who permits any
animal to remain on or about his premises.
Any person, partnership or corporation, whether operated
separate or in connection with another business enterprise except
a licensed kennel, that buys, sells or boards any species of pets.
Actual care, custody, control or management of a certain
animal.
The grounds and all buildings and appurtenances pertaining
to the grounds, including any adjacent premises if they are directly
or indirectly under the control of the same person.
Any place to which the public or a substantial group of the
public has access and includes but is not limited to streets, sidewalks,
highways, alleyways, parks and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
Properly injected with a rabies vaccine licensed for use
in that species by the United States Department of Agriculture and/or
department of state health services and administered by a veterinarian
licensed to practice in the state.
Not completely confined within a building, wall or fence
of sufficient strength or construction to restrain the animal, or
when such animal is neither on a leash nor held in the hands of the
owner or keeper or under direct supervision of the owner when not
within the limits of the owner's private property. An animal confined
within an automobile or other vehicle of its owner shall not be deemed
running at-large.
To wander upon a public place or the property of another
person.
Domestic pigs raised to determine the best pig in a competitive
show, for ranked traits such as, for example, degree of muscling,
growth, capacity or volume, degree of leanness, structure and soundness.
Any animal belonging to the Sus scrofa domesticus species
(not sus scrofa vittatus).
A contiguous parcel of land under common ownership.
Any unprovoked animal, whether on public or private property,
who approaches a person or domestic animal and exhibits vicious or
terrorizing behavior in an apparent attitude of attack, whether it
inflicts injury or not. Vicious animal includes, but is not limited
to, any dog with a known propensity to attack without provocation
or otherwise cause injury or endanger the safety of human beings or
other domestic animals and a dog trained, owned, or harbored for the
purposes of dog fighting.
All animals and reptiles which commonly exist in a natural,
unconfined state and are usually not domesticated, regardless of the
circumstances or duration of captivity. Examples of wild animals include
but are not limited to the following: lions, tigers, bobcats, cougars,
panthers, leopards, cheetahs, bears, javelinas, wolves, coyotes, elephants,
gila monsters, water moccasins, coral snakes, rattlesnakes, copperheads,
king cobras, any poisonous snake or reptile, pythons, boa constrictors,
crocodiles and alligators.
(Ordinance 2000-13-0073, sec. I,
adopted 8/14/00; Ordinance 202302-03-105 adopted 2/6/2023)
(a)
It shall be unlawful for any person, firm or corporation to violate the provisions of this chapter. Any such violation shall constitute a misdemeanor, and upon conviction thereof shall be punished by fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 2000-13-0073, sec. IX,
adopted 8/14/00)
(a)
The
enforcement of this article shall be the responsibility of the chief
of police and his designated animal control officer(s).
(Ordinance 2000-13-0073, sec. VIII,
adopted 8/14/00)
(a)
Citations; right of entry; interference with animal control officer.
(2)
It shall be unlawful for any person upon being issued a citation
to intentionally or knowingly give the animal control officer other
than his true name and address.
(3)
It shall be unlawful to intentionally or knowingly fail to appear
in accordance with the terms of a citation issued by the animal control
officer.
(4)
If the person being cited is not present, the animal control officer
may send the citation to the alleged offender by certified or registered
mail, return receipt requested, whereupon service shall be deemed
complete.
(5)
It shall be unlawful for any person to intentionally or knowingly
interfere with the animal control officer in the performance of his
duties.
(6)
The animal control officer shall have right of ingress and egress
on private property for the purpose of apprehending an animal at large.
(b)
Authority to carry tranquilizer guns.
When acting in
the course and scope of his employment the animal control officer
shall be and is hereby authorized to carry on his person, or in his
city vehicle, loaded tranquilizer guns approved by the director of
animal control and not in violation of any provision of the Texas
Penal Code or any other applicable state law.
(Ordinance 2000-13-0073, sec. IV(B),
(C), adopted 8/14/00)
(a)
Vaccination of dogs and cats required.
All dogs and
cats within the city, four (4) months of age or over, shall be vaccinated.
Such vaccination certificate shall reflect the name of the owner,
his address, a description of the dog or cat, the date of the vaccination,
the number of the vaccination tag and the kind of vaccination used.
The veterinarian shall furnish the owner with a metal tag; on one
side shall be stamped the words "Vaccinated against Rabies" and the
date of the vaccination; this tag shall be securely attached to the
collar or harness of the dog or cat at all times.
(b)
Reporting of rabies cases; confinement of suspected rabid animals.
It shall be the duty of the owner, custodian, or the veterinarian
to report to the city shelter all cases of rabies or suspected rabies
of which any of the persons have knowledge. Any animal having rabies
or symptoms thereof, or suspected of having rabies, or which has been
exposed to rabies, shall be immediately released by the owner to the
city for confinement in the shelter or, immediately upon facts having
come to the attention of the owner or custodian of such animal with
respect to its being rabid or having been exposed to rabies, such
dog, cat or other animal shall be immediately and securely quarantined
and kept under supervision of the city shelter for a period of not
less than ten (10) days.
(c)
Confinement of animal that has bitten person.
(1)
When a dog, cat or other animal has bitten, scratched or otherwise
attacked a person, that person or anyone having knowledge of such
incident shall immediately notify the city and such dog, cat or other
animal shall be confined in the shelter or at a veterinary hospital
for a period of ten (10) days at the expense of the owner, and such
dog, cat or other animal shall, during such period of confinement,
be subject to inspection by city personnel, or a licensed veterinarian.
If, after the ten (10) day period, the owner fails to pick up the
animal, the owner is notified and granted five (5) additional days
to pick up the animal at a charge in accordance with the current fee
schedule adopted by the city council. After this time limit, the city
shelter can then adopt or dispose of the animal.
(2)
If the animal in question has a valid and current vaccination, the
owner shall have authority to secure the animal on his own property,
provided that the animal be inspected by a veterinarian at the end
of the quarantine period.
(d)
Quarantine fee.
The owner of any dog or cat held in
quarantine for observation purposes shall be charged a fee in accordance
with the current fee schedule adopted by the city council. This fee
is in addition to any impoundment fee.
(Ordinance 2000-13-0073, sec. II,
adopted 8/14/00)
(a)
Dogs running at large.
Any person owning, possessing,
or keeping a dog or dogs within the city, vaccinated or unvaccinated,
shall confine such dog or dogs within an adequate fence or enclosure,
or within a house, garage or other building, or shall keep such dog
or dogs confined by a leash or chain affixed to the dog's collar and
attached to some stationary object adequate to prevent the dog or
dogs from running at large.
(b)
Impounding of dogs.
The animal control officer shall
take into custody any dog found at large in the city, and shall impound
the dog in the city shelter. Such impounded dog shall be held for
a period of three (3) days, and at the end of the time, if the dog
has not been claimed and the proper fee paid as prescribed herein,
the dog shall be adopted or disposed of.
(c)
Authority to kill, impound or destroy animals.
The animal
control officer shall have authority to do the following:
(1)
Kill an animal which poses an imminent danger to a person or property
and a real or apparent necessity exists for the destruction of the
animal.
(2)
Impound an animal that is diseased and endangers the health and welfare
of another animal or person.
(3)
Destroy an impounded animal if the animal control officer determines
that recovery of the animal is doubtful due to injury or disease.
(d)
Impoundment fees.
(1)
The owner of an impounded animal will pay fees in accordance with
the current fee schedule adopted by the city council in order to redeem
such animal.
(2)
A handling charge in accordance with the current fee schedule adopted
by the city council will be added to the above amount before redemption
of the animal.
(3)
Any person claiming an animal that has not been vaccinated for rabies
within the last year shall pay an impoundment fee in accordance with
the current fee schedule adopted by the city council. Before releasing
the animal, the owner shall sign a promise in writing that the animal
will be vaccinated for rabies immediately upon release from the shelter.
The animal control officer shall keep such a statement in a safe place
and, upon receiving proof of the vaccination within five (5) days,
shall refund the difference above the normal amount owed. Should such
a statement be signed and the animal is impounded again, and the animal
not having been vaccinated as promised, then the impoundment fee shall
be in accordance with the current fee schedule adopted by the city
council. Upon each subsequent impoundment of such animals, [if] the
same not have been vaccinated, an additional fee shall be assessed
in accordance with the current fee schedule adopted by the city council.
(e)
Euthanasia request.
If the lawful owner of an animal
requests euthanasia due to probable reasons, the owner must first
sign the required forms. The city shelter will pay for euthanasia.
(f)
Adoption.
(1)
A person who desires to adopt an animal from the shelter shall:
(A)
Pay an adoption fee in accordance with the current fee schedule adopted
by the city council;
(B)
Pay any license fee if required;
(C)
Have the animal vaccinated for rabies within five (5) days after
adoption; and
(D)
Have the animal spayed or neutered within fourteen (14) days after
adoption, providing the animal is of the proper age for such procedure.
(2)
The city shelter shall make the final determination whether a dog
or cat is healthy enough for adoption. However, such a decision by
the animal control officer to permit adoption of a particular dog
or cat shall not constitute a warranty, expressed or implied, of the
health or age of the animal.
(Ordinance 2000-13-0073, sec. III,
adopted 8/14/00)
(a)
Noisy animals.
No person shall willfully or knowingly
keep or harbor on his premises or elsewhere any animal or fowl of
any kind that makes or creates an unreasonable disturbance of the
neighbors or the occupants of adjacent premises or persons living
in the vicinity thereof or persist [permit] such animal to make or
create disturbing noises by howling, barking, crowing, bawling or
otherwise. A person shall be deemed to have willfully and knowingly
violated the terms of this section if such person shall have been
notified by the city shelter or any police officer of such disturbance
and shall have failed or refused to correct such disturbance and prevent
its recurrence.
(b)
Unsanitary of offensive conditions.
The harboring of
any animal in such a manner as to endanger the public health by the
accumulation of animal wastes which create foul and offensive odors
or create a breeding place for flies or mosquitoes.
(c)
Trespasses by animal.
It shall be unlawful for any person
to maintain any animal in any area which constitutes a nuisance by
reason of repeated trespasses on public or private property.
(Ordinance 2000-13-0073, sec. IV(A),
adopted 8/14/00)
If a stray animal is found upon the premises of another, the
occupant of the premises may confine the animal only for so long as
reasonably necessary to notify the shelter and have the animal impounded.
In attempting to confine the animal, the occupant shall not use any
force that is intended or known by the occupant to cause, or in the
manner of its use is capable of causing, death or injury to the animal.
(Ordinance 2000-13-0073, sec. V(A),
adopted 8/14/00)
It shall be unlawful for any person to intentionally or knowingly
abandon any animal within the corporate limits of the city.
(Ordinance 2000-13-0073, sec. V(B),
adopted 8/14/00)
(a)
Confinement of animal in motor vehicle or trailer.
It
shall be unlawful for any person to intentionally or knowingly confine
or allow to be confined any animal in a motor vehicle or trailer under
such conditions or for such a period of time as may endanger the health
or well-being of the animal due to heat, lack of food or water or
any other circumstance which causes suffering, disability or death
of the animal.
(b)
Inspection of premises where animals are kept.
Premises
where livestock, fowl or pets are kept or maintained shall be subject
to inspection, upon receiving a complaint, by the city shelter at
any reasonable hour of the day while in the presence of the owner.
(c)
Cruelty to animals.
No person shall overdrive, overload,
drive when overloaded, overwork, torture, cruelly beat, mutilate,
or needlessly kill, or carry or transport in any vehicle or other
conveyance in a cruel and inhumane manner, any animal, or cause any
of these acts to be done.
(d)
Poisoning animals.
No person shall in any place accessible
to birds, dogs, cats or other animals, with the intent to kill or
harm such animals, place any substance which has in any manner been
treated with any poisonous substance.
(e)
Fighting.
No person shall maintain any place where fowls
or any animals are suffered to fight upon exhibition, or for sport
upon wager.
(f)
Tying dogs.
It shall be unlawful to tie or tether a
dog to a stationary object for a period of time or in a location so
as to create an unhealthy situation for the animal or a potentially
dangerous situation for a pedestrian as determined by the city shelter.
(g)
Food and shelter.
No person shall fail to provide any
animal in his charge or custody with sustenance, drink and protection
from these elements, or cause any of these acts to be done.
(Ordinance 2000-13-0073, sec. VI,
adopted 8/14/00)
It shall be unlawful for any person to ride or allow any type
of livestock upon any public school grounds, college grounds, public
park property or municipal grounds within the city except those designated
as bridle paths or other designated riding exhibiting areas for animals.
On streets, horses shall be ridden as close as possible to the curb
and in no event shall horses be allowed on controlled access highways.
It shall be unlawful for any person to ride or allow any type of livestock
upon the property of another within the city except with the express
consent of the owner or person in charge of such property obtained
prior therein.
(Ordinance 2000-13-0073, sec. X(A),
adopted 8/14/00; Ordinance 202302-03-105 adopted 2/6/2023)
It shall be unlawful for any person to intentionally or knowingly
keep for breeding purposes or employ for breeding purposes any jack,
bull, stallion, ram, he-goat or other livestock within 2 acres or
less.
(Ordinance 2000-13-0073, sec. X(B),
adopted 8/14/00)
It shall be unlawful for any person to intentionally or knowingly
move herds of animals along or upon any public place within the corporate
city limits without the permission of the city council, except that
this section shall not be applicable to any officer, agent or employee
of the federal, state or local government if such herding is done
in the performance of his official duties.
(Ordinance 2000-13-0073, sec. X(C),
adopted 8/14/00)
No person shall maintain livestock within the city, unless the
following provisions are met:
(1)
Hogs or swine.
It shall be unlawful for any person to intentionally or knowingly feed or keep swine in any lot, pen, building, stable or other enclosure in the city, except as provided for in subsection 3.01.014(4).
(2)
Horses, cattle, donkeys, mules.
It shall be unlawful
for any person to intentionally or knowingly feed, stable, pasture
or keep any cow, horse, mule, or donkey, in any lot, pen, building,
stable or other enclosure in the city, any part of which lot, pen,
building, stable or other enclosure is at least twenty-five feet (25)
feet from the property line. Up to two horses or two mules are allowed
per acre, or one cow, or one jenny, for a maximum of two horses, or
two mules, or one cow, or one jenny per acre.
(3)
Sheep and goats.
It shall be unlawful for any person to intentionally or knowingly feed, stable, pasture or keep any sheep or goats in any lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is at least twenty-five (25) feet from the property line. Up to three sheep, and or goats, are allowed per acre, if no other livestock are kept on that acre, as provided in 3.01.014(2). That is, the owner may elect their choice of livestock between 3.01.014(2) and 3.01.014(3), but is limited to subsection (2) or (3) and may not have both categories.
(4)
Exceptions.
(A)
Pre-weaned animals will not be counted in calculating the maximum number of animals in subsections 3.01.014(2) and (3).
(B)
School students in a 4-H or FFA program may keep show swine for an
approved program, limited in time to the program and which are subject
to minimum space and shelter requirements, such that the lot, pen,
building, stable or other enclosure is at least twenty-five (25) feet
from the property line and the property is at least one acre.
(Ordinance 2000-13-0073, sec. X(D),
adopted 8/14/00; Ordinance 202302-03-105 adopted 2/6/2023)
It shall be unlawful for any person to intentionally or knowingly
keep any chicken, turkey, guinea, goose, duck, quail, pheasant or
other game fowl in any fenced yard or enclosure, any part of which
is within one hundred (100) feet of any neighboring habitat in the
city.
(Ordinance 2000-13-0073, sec. X(G),
adopted 8/14/00)
(a)
It
shall be unlawful for any person to knowingly keep a colony in such
a manner as to deny the reasonable use and enjoyment of adjacent property
or endanger the personal health and welfare of the inhabitants of
the city. Bees shall not be kept except as provided below.
(b)
A
person shall keep a colony in a manmade hive that is maintained in
sound and usable condition.
(c)
A
person shall provide a source of water to a colony to prevent the
bees from congregating at a water source used by a human, bird, or
domestic pet.
(d)
A
person shall store or dispose of bee comb or other material removed
from a hive in a sealed container, building, or other bee-proof enclosure.
(e)
A
person who keeps a colony must do so at least twenty-five (25) feet
from the property line of a tract, as measured from the nearest point
of a hive to the property line and shall establish and maintain a
flyway barrier parallel to the property line. A person is not required
to construct a flyway barrier if the apiary tract is adjoined by undeveloped
property for a distance of at least twenty-five (25) feet from the
property line of the tract that is closest to location of the colony.
Any colony must also be maintained at least twenty-five (25) feet
from any inhabited structure on the property where it is maintained
or kept.
(f)
A
person may not keep more than:
(g)
A
person shall brand, paint, or otherwise clearly mark the apiary owner's
name or telephone number on at least two hives placed at opposite
ends of an apiary; or post a conspicuous sign displaying the apiary
owner's name and telephone number at the entrance to the apiary tract.
A person is not required to place owner identification on or near
a colony located on a tract on which the owner resides.
(h)
No
person may remove a colony without possessing a bee removal permit
issued by a person authorized to issue such a permit in accordance
with state law.
(i)
The
city may order relocation of a colony of bees not residing in a hive,
a swarm of bees, or a colony residing in an abandoned standard or
manmade hive if the relocation of the bees can be done without threatening
human or animal health or interfering with the normal use and enjoyment
of public or private property.
(Ordinance 2000-13-0073, sec. X(H),
adopted 8/14/00; Ordinance 202302-03-105 adopted 2/6/2023)
It shall be unlawful for any person to intentionally kill, injure
or administer poison to any bird, excluding fowl, whatsoever within
a subdivision of the city without express permission of the city council.
(Ordinance 2000-13-0073, sec. X(E),
adopted 8/14/00)
Except as may be otherwise provided in this chapter, it shall be unlawful to intentionally or knowingly interfere with, injure, capture or kill any animal within any public park, driveway, street or other public property of the city except by permission of the city council; provided that this section shall not apply to harmful rodents, reptiles or insects.
(Ordinance 2000-13-0073, sec. X(F),
adopted 8/14/00)
It shall be unlawful for any person to place, put or leave a
dead animal upon a public place, street, alley, right-of-way or public
way or in any solid waste container or upon the property of another
person without the other person's consent.
(Ordinance 2000-13-0073, sec. X(I),
adopted 8/14/00)
(1)
Makes
an unprovoked attack on a person that causes bodily injury and occurs
in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(2)
Commits
unprovoked acts in a place other than an enclosure in which the dog
was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own and those acts cause bodily
injury to that person or domestic animal.
(Ordinance 2000-13-0073, sec. VII(A),
adopted 8/14/00)
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code, section 822.041, shall be regulated in accordance with the provisions of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section 822.041 et seq.
(Ordinance adopting Code)
(a)
Investigation and determination.
If a person reports an unprovoked attack as described in section 3.02.001, the chief of police or his or her designee may investigate the incident. If, after receiving the sworn statements of any witnesses, the chief of police or his or her designee determines that the dog is a dangerous dog, he/she shall notify the owner of that fact.
(b)
Appeals.
An owner, not later than the 30th day after
the date the owner is notified that his/her dog is a dangerous dog,
may appeal the determination of the chief of police or his or her
designee to court of competent jurisdiction. An owner may appeal the
decision of else [sic] municipal court in the same manner as for other
civil cases.
(Ordinance 2000-13-0073, sec. VII(B),
adopted 8/14/00)
(a)
Not
later than the 30th day after a person learns that he/she is the owner
of a dangerous dog, he/she shall:
(1)
Register the dangerous dog with the chief of police or his or her
designee;
(2)
Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure; and
(3)
Obtain liability insurance coverage or show financial responsibility
in an amount of at least one hundred thousand dollars ($100,000.00)
to cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person.
(Ordinance 2000-13-0073, sec. VII(C),
adopted 8/14/00)
(a)
The
chief of police or his or her designee shall formally register a dangerous
dog if the owner [submits the following]:
(1)
The names, address and telephone number of persons owning, keeping
or harboring a dangerous animal;
(2)
Name and general description of each dangerous animal, which general
description shall include name, sex, weight, color, breed, height
and length along with any other discernible features;
(3)
Presents proof of:
(A)
Liability insurance or financial responsibility as required by section 3.02.004(a)(3);
(B)
Current rabies vaccination of the dangerous dog; and
(C)
The secure enclosure in which the dangerous dog will be kept; and
(4)
Pays an annual registration fee in accordance with the current fee
schedule adopted by the city council.
(b)
The
chief of police or his or her designee shall provide to the owner
registering a dangerous dog a registration tag. The owner must place
the tag on the dog's collar.
(c)
If
an owner of a registered dangerous dog sells or moves the dog to a
new address within the city, he/she, not later than the 14th day after
the date of sale or move, shall notify the chief of police or his
or her designee. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee in accordance with
the current fee schedule adopted by the city council, the chief of
police or his or her designee shall issue a new registration tag to
be placed on the dog's collar.
(d)
Every
owner of a registered dangerous dog shall notify the chief of police
or his or her designee by whom the dog was registered of any attacks
the dangerous dog makes on people.
(e)
The
animal control officer shall impound any such animal found within
the corporate city limits after the time for appeal has lapsed, or
after twenty-four (24) hours from the rendering of an affirming order
of the city council.
(Ordinance 2000-13-0073, sec. VII(D),
adopted 8/14/00)
(a)
A
person commits an offense if his/her dangerous dog makes an unprovoked
attack on another person outside the dog's enclosure and causes bodily
injury to the other person. Should the attack cause serious bodily
injury or death, the person may be subject to other criminal prosecution
under the laws of the state in a court of competent jurisdiction.
(b)
If
a person is found guilty of an offense under this article, the court
may order that the dangerous dog be destroyed.
(c)
In
addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty not to exceed ten
thousand dollars ($10,000.00). The city attorney may file suit in
a court of competent jurisdiction to collect the penalty. The city
shall retain penalties collected under this subsection.
(Ordinance 2000-13-0073, sec. VII(E),
adopted 8/14/00)
(a)
It
is a defense to prosecution under this article that the person is
a veterinarian, a peace officer, a person employed by a recognized
animal shelter, or a person employed by the state or a political subdivision
of the state to deal with stray animals and has temporary ownership,
custody, or control of the dog in connection with and while performing
the duties of that position.
(b)
It
is a defense to prosecution under this article that the person is
an employee of the institutional division of the state department
of criminal justice or a law enforcement agency and trains or uses
dogs for law enforcement or corrections purposes and such person has
temporary ownership, custody, or control of the dog in connection
with and while performing the duties of that position.
(Ordinance 2000-13-0073, sec. VII(F),
adopted 8/14/00)
