(a)
As
used herein, “dangerous dog” means a dog that:
(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
a person to reasonably believe that the dog will attack and cause
bodily injury to that person.
(b)
The
animal control officer may receive a complaint from any police officer,
humane officer, animal control officer, or citizen concerning an animal
which he/she has reason to believe has a dangerous disposition. The
animal must make an unprovoked attack causing bodily injury on a person,
and such attack or threat of attack must occur in a place other than
the enclosed area where the dog is kept, or threaten a person in a
place other than where the dog is kept. The threat must suggest real
danger of being bitten. The animal control officer shall investigate
the incident. In the event the animal is found to be a “dangerous
dog” as defined in this division, the animal control officer
shall notify the owner or keeper of said animal by certified letter
that his or her dog has been deemed “dangerous” and that
the dog owner shall have thirty (30) days to appeal the decision through
the municipal court judge. The animal control officer shall decide
the location of where the animal shall be held during the thirty days.
(1999 Code, sec. 2.301)
Not later than the 30th day after a person learns that the person
is the owner of a dangerous dog, the person shall:
(1)
Register
the dangerous dog with the animal control officer;
(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 $100,000.00 to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person.
(1999 Code, sec. 2.302)
(b)
The
animal control officer shall provide to the owner of the dangerous
dog a registration collar (bright orange with “dangerous dog”
printed on the material) and two signs warning the public of the dangerous
dog. The owner must keep this collar on the dangerous dog at all times,
and place the signs in a conspicuous place on the enclosure where
the dangerous dog is kept.
(c)
If an owner of the dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control officer for the area in which the new address is located. On presentation by the current owner of the dog's prior registration tag or collar, payment of a fee as provided for in the fee schedule found in appendix A of this code, and proof of insurance or financial responsibility, the animal control authority shall issue a new registration collar to be placed on the dangerous dog and two new signs to be placed on the enclosure where the dangerous dog is kept.
(d)
Every
owner of a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
(1999 Code, sec. 2.303)
(a)
A
person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on another person outside
the dog's enclosure and causes bodily injury to the person.
(b)
An
offense under this section is a class C misdemeanor, unless the attack
causes serious bodily injury or death, in which event the offense
is a class A misdemeanor, and the person may be subject to other criminal
prosecution under the laws of the state in a court of competent jurisdiction.
(c)
If
a person is found guilty of an offense under this section, the court
may order the dangerous dog destroyed by the animal control officer.
(d)
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty as provided for in the general penalty provision found in section 1.01.009 of this code. The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this section shall be retained by the city.
(1999 Code, sec. 2.304)
(a)
A person who keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 2.03.082 of this division.
(b)
An
offense under this section is a class C misdemeanor.
(1999 Code, sec. 2.305)
(1)
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 that position;
(2)
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; or
(3)
The
person is a dog trainer or an employee of a guard dog company under
the Private Security Act, V.T.C.A., Occupations Code, chapter 1702.
(1999 Code, sec. 2.306)
