(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)
(a) It
shall be unlawful to keep any wild animal within the corporate city
limits, with the following exceptions:
(1) If a person and his or her facility housing such dangerous wild animal(s)
has complied with all applicable federal, state, and local laws and
regulations, including, but not limited to, the acquisition and retention
of all applicable permits, prior to final adoption of this chapter,
said person may retain dangerous wild animals(s) in the above-described
facility in compliance with all federal, state and local laws, including,
but not limited to, chapter 822 of the Texas Health and Safety Code,
as amended;
(2) A governmental agency or entity acting in an official capacity;
(3) A government-operated zoological park;
(4) A permitted wildlife educational center, animal exhibitions with
valid state or federal permits; or
(5) A holder of an animal dealer or animal establishment with a wild
animal permit. The possessor of the dangerous wild animal shall have
all applicable state and/or federal permits to possess the species
in question.
(b) Animal
establishments or animal dealers with dangerous wild animals permit
holders shall make written application to the director of animal services
to permanently keep each dangerous wild animal in their possession.
The application must include the species and location of the animal,
at least two pictures that clearly identify the animal, and proof
that the center or person is in possession of the necessary state
and/or federal permit(s) to possess such species.
(1983 Code, sec. 4-33; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)
(a) It
shall be a violation for any person to sell, offer to sell, give away,
offer to give away, or otherwise transfer or attempt to transfer ownership
of a dangerous wild animal, unless specifically allowed by some other
provision of this chapter. Any person who finds a dangerous wild animal
that is at large must immediately notify the city enforcement agent.
This section shall not be interpreted to restrict a person from giving
ill, injured, or orphaned wildlife to a state and/or federally licensed
wildlife rehabilitator or to a permitted wildlife educational center.
(b) For
the purposes of this chapter, the director of animal services shall
make the determination of whether any animal in question is a pet
animal, a wild animal, or a dangerous wild animal. In addition, for
the purposes of this chapter, “immediately” shall mean
within thirty (30) minutes of the person finding that a wild animal
or dangerous wild animal is at large.
(1983 Code, sec. 4-34; Ordinance
2006-O0025, sec. 1, adopted 3/8/2006; Ordinance 2013-O0008, sec. 1, adopted 2/14/2013)