City of Lubbock, TX DANGEROUS ANIMALS

(a)

Upon receipt of a written complaint by any person, animal services officer, or other law enforcement officer charging that a particular animal is a dangerous animal, the director of animal services or his designee shall conduct a hearing to determine whether such animal is dangerous unless the matter is resolved by agreement of all parties prior to such hearing. Such written complaints shall contain at least the following information:

(1)

Name, address and telephone number of complainants and witnesses;

(2)

A brief description of the incident or incidents which cause the complainant to believe such animal is a dangerous animal, including date, time and location;

(3)

A description of the animal and the name, address and telephone number of the owner of the animal, if known; and

(4)

Any other facts that the complainant believes to be important.

(b)

Such hearing to determine if an animal is a dangerous animal shall be conducted within twenty (20) days after receipt of the complaint, impoundment, or seizure of the animal, whichever occurs later. Any animal awaiting such hearing which was impounded for being at large, was at large when the incident that causes the dangerous animal complaint to be filed occurred, or which has bitten or scratched any other person or animal shall be boarded at the owner’s expense at the animal services facility or any other state-approved quarantine facility pending the outcome of the hearing and determination of whether such animal is a dangerous animal.

(c)

If the animal is quarantined at a facility other than the animal services facility, the facility shall be found to be in violation of this chapter if the animal is released to any person, lost, stolen, or otherwise not able to be accounted for unless the quarantine facility first obtains written permission from the director of animal services to release the animal.

(d)

Notice of such hearing shall be provided by the director of animal services or his designee to the owner of the animal by certified mail, return receipt requested, and to the complainant by regular mail. At such hearing all parties shall be given opportunity to present evidence on the issue of whether such animal is dangerous.

(e)

Upon conclusion of a hearing to determine if an animal is a dangerous animal, the director of animal services or his designee may find that the animal is not dangerous, in which case it shall be promptly returned to its owner’s custody after all impound and board fees have been paid, or the director of animal services or his designee may find that the animal is a dangerous animal and order that the owner comply with one or more of the following requirements:

(1)

Removal of the dangerous animal from within the city limits, in which case, the owner must provide, in writing, the destination address of where the animal is to reside and proof that the owner has alerted the agency responsible for animal services in that area to the director of animal services prior to the animal being released from the animal services facility; or

(2)

Humane euthanasia of the dangerous animal; or

(3)

Registration and compliance with all of the following requirements of this subsection, at the owner’s expense, before the animal is released from the animal services facility or other state-approved quarantine facility:

(A)

Obtaining liability insurance coverage or showing financial responsibility in an amount of at least two hundred and fifty thousand dollars ($250,000.00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person’s property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be annually filed with the city enforcement agent;

(B)

Registering with the city by providing the name and address of the owner; the breed, age, sex, color and any other identifying marks of the animal; the location where the animal is to be kept if it is not at the address of the owner; and two (2) color photographs that clearly identify the dangerous animal;

(C)

Having the animal sterilized;

(D)

Constructing a cage, pen or enclosure for the dangerous animal that has secure sides, a secure top attached to the sides, and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. The pen or enclosure must be completely encircled by a fence constructed in such a manner as to prevent a person or child from being able to reach the animal’s pen or enclosure;

(E)

Not allowing the animal to go outside of its cage, pen or enclosure unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;

(F)

Posting signs giving notice of a dangerous animal in the area or on the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two (2) inches high, stating “DANGEROUS ANIMAL ON PREMISES.” Such signs shall also display a symbol, that is understandable by small children, that warns of the presence of a dangerous animal;

(G)

Providing the animal with a fluorescent yellow collar visible at fifty (50) feet in normal daylight and attaching a fluorescent orange tag provided by the animal services division to the collar that is worn at all times so that the animal can be easily identified;

(H)

Implanting a microchip into the animal and registering it for life with the city’s animal services division and a recognized national registry; and

(I)

Paying the appropriate dangerous animal permit fee annually. Permits will expire on December 31 of each year and shall be renewed at least 30 days prior to expiration.

(f)

Any animal that is deemed a dangerous animal that was not previously impounded or otherwise in possession of the animal services facility or any other state-approved quarantine facility shall immediately be impounded and boarded at the owner’s expense until such time as the owner complies with all of the required conditions as set forth by the administrator’s ruling. The animal shall be held at the owner’s expense pending the outcome of any appeals. It shall be a violation of this section for the owner to refuse to turn the animal over as required, and, for the purposes of enforcement; each day for each animal in question shall be considered a separate offense.

(g)

The owner shall have fifteen (15) days from the declaration of the animal as dangerous to comply with all of the required conditions as set forth by this chapter. If the owner fails to meet all of the requirements, the animal may be humanely euthanized on the sixteenth (16th) day by the city enforcement agent or a licensed veterinarian.

(h)

In the event that a registered dangerous animal escapes its cage, pen or enclosure or attacks a human being or another animal, the owner of the dangerous animal shall immediately notify the animal services division. For the purposes of this chapter, “immediately” shall mean within thirty (30) minutes of the owner becoming aware of the escape or attack.

(i)

In the event that a registered dangerous animal dies, the owner must present the body of the animal to the city enforcement agent or a licensed veterinarian for verification by microchip identification before disposal of its body.

(j)

Prior to transferring ownership in any way or moving a registered dangerous animal, either inside or outside the city limits, the owner must obtain, in writing, permission from the director of animal services to transfer ownership or move the animal. If ownership of the animal is being transferred, the new owner will be required to comply with all provisions of this chapter before the animal can be moved from the previous owner’s custody. If the animal is being moved from the city limits, the owner must provide, in writing to the director of animal services, the destination address of where the animal is to be moved to and proof that the owner has alerted the agency responsible for animal services in that area.

(k)

In the event that any owner of an animal declared to be dangerous violates any order of the director of animal services, the animal may be immediately seized and impounded by the city enforcement agent. In addition, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal. Any animal already declared to be dangerous which is impounded due to any violation of this chapter or seized for causing injury to a human being or another animal shall immediately become the property of the city and shall not continue to be a registered dangerous animal.

(l)

If the dangerous animal makes an unprovoked attack on a person or another animal outside the animal’s enclosure and causes bodily injury to the person or other animal, the owner of the dangerous animal will be guilty of a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor.

(m)

If an owner of a dangerous animal is found guilty of an offense under this section, the director of animal services or his designee may order the dangerous animal be humanely euthanized by the city enforcement agent or a licensed veterinarian.

(n)

No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another’s property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury.

(o)

Orders of the director of animal services or his designee pertaining to dangerous animals may be appealed to the city permit and license appeal board by filing a written notice of appeal within five (5) days with the city manager’s office. During the pendency of such appeal, the order of the public health director shall be suspended, and the animal shall remain impounded at the owner’s expense at the animal services facility or other state-approved quarantine facility for observation. Decisions of the permit and license appeal board shall be final.

(p)

It shall be a violation for any owner of a permitted dangerous animal to refuse, upon request by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.

(q)

The owner of an animal that has been determined to be dangerous by another jurisdiction is prohibited from bringing such animal into the city limits.

(r)

The director of animal services shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.

(1983 Code, sec. 4-32; Ordinance 2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)