For purposes of this article, a person learns they are the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in the section 2.01.001 definition of "dangerous dog";
(2) 
The owner is notified by the animal services supervisor that the dog is a dangerous dog;
(3) 
The owner is notified by the court that the dog is a dangerous dog; or
(4) 
The owner is notified by the court that, after appeal, the court has upheld the animal services supervisor's determination that the dog is a dangerous dog.
(Ordinance 6416 adopted 9/20/21)
(a) 
The animal services supervisor may receive a report concerning a dangerous dog. Such report and supporting witness statements shall be in writing and sworn to on a form prescribed by the animal services supervisor.
(b) 
The animal services supervisor shall investigate all reports filed under this section and may issue sworn reports based on the animal services supervisor's investigation or observation.
(Ordinance 6416 adopted 9/20/21)
(a) 
Complaint; impoundment.
If there is probable cause to believe that a dog has caused the death or serious bodily injury of a person, a sworn complaint may be filed with the municipal court requesting that a seizure warrant be issued for the dog. Upon a showing of probable cause, the court shall issue the seizure warrant and schedule a hearing not more than ten (10) days from the date the warrant is issued. The animal control supervisor shall execute the seizure warrant and shall impound the dog and provide for its care until disposition is ordered by the court.
(b) 
Hearing on dog causing death or serious bodily injury.
(1) 
Notice of the date, time, and place of the hearing shall be provided to the owner of the dog and the person from whom the dog was seized.
(2) 
The purpose of the hearing is to determine, by a preponderance of the evidence, if the dog caused the death or serious bodily injury of a person. Any interested party may present evidence at the hearing.
(3) 
If the dog caused the death of a person, the dog shall be ordered humanely euthanized as allowed by law.
(4) 
If the dog caused serious bodily injury to a person, the dog shall be ordered humanely euthanized as allowed by law, unless one of the following exceptions applies:
(A) 
The dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and:
(i) 
The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and
(ii) 
The injured person was at least eight (8) years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(B) 
The dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight (8) years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(C) 
The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes;
(D) 
The dog was defending a person from an assault or person's property from damage or theft by the injured person; or
(E) 
The injured person was younger than eight (8) years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight (8) years of age from entering.
(5) 
If the dog did not cause the death or serious bodily injury of a person, or if one of the above exceptions is applicable, the dog shall be released to the owner.
(6) 
If the dog is ordered humanely euthanized, the municipal court may also order that the owner of the dog pay the costs associated with impoundment and humane disposition of the dog.
(7) 
The owner of a dog that causes death or serious bodily injury may waive the hearing and release the dog to animal services for humane euthanasia, and in such case, the city manager, or their designee, may waive any fees that would otherwise be charged.
(8) 
In order to appeal the decision of the municipal court under this section, the owner must file a notice of appeal and the appeal bond with the municipal court clerk within ten (10) days of the municipal court's decision.
(Ordinance 6416 adopted 9/20/21)
(a) 
Notification; impoundment.
If animal services determines that a dog qualifies as a dangerous dog, as defined by this chapter, they shall notify the owner of the dog in writing. Unless the dog has already been impounded under section 2.03.003 or otherwise, the owner of the dog shall deliver the dog to animal services within five (5) days to be impounded. The dog will remain impounded until disposition is ordered by a court. If the owner does not comply with this section, animal services is authorized to obtain a seizure warrant from the municipal court.
(b) 
Dangerous dog hearing.
(1) 
Animal services shall file a complaint with the municipal court on, or near, the day the dog is impounded. The court will schedule a hearing to determine if the dog is dangerous and to order disposition not later than the tenth (10) day after the dog is impounded.
(2) 
If the municipal court determines that the dog does not meet the definition of dangerous, the court shall order the dog released to the owner.
(3) 
If the municipal court determines the dog does meet the definition of dangerous, the court shall:
(A) 
Uphold the determination of animal services,
(B) 
Determine the cost of impoundment up to the date of the hearing and through any potential appeal,
(C) 
Set an appeal bond adequate to cover those costs, and
(D) 
Order that the dog be released to the owner if and when the owner complies with the requirements of section 2.03.005 or order the dog to be humanely euthanized if the owner cannot or does not comply with those requirements.
(4) 
In order to appeal the decision, the owner must file a notice of appeal and the appeal bond with the municipal court clerk within ten (10) days of the municipal court's decision.
(Ordinance 6416 adopted 9/20/21)
(a) 
Not later than fifteen (15) days after a person learns that he is the owner of a dangerous dog, the owner shall, in accordance with the order of the court or determination of the animal services supervisor:
(1) 
Remove the dangerous dog from within the city limits and within the area immediately contiguous and adjacent to the city limits, extending for a total distance of 5,000 feet. In which case, the owner must provide, in writing, the destination address of where the dog is to reside and proof to the animal services supervisor that the owner has alerted the agency responsible for animal services in the destination area prior to the dog being released from the animal services facility; or
(2) 
Humanely euthanize the dangerous dog; or
(3) 
Register and establish compliance with all of the following requirements of this section, at the owner's expense, to the animal services supervisor before the dog is released from the animal services facility or other state approved quarantine facility.
(A) 
Register.
Register the dangerous dog with the animal services supervisor and maintain current registration at all times;
(B) 
Secure.
Restrain the dog in a secure enclosure inspected and approved by the animal services supervisor;
(C) 
Insure.
Acquire and maintain liability insurance coverage in an amount of at least two hundred thousand dollars and no cents ($200,000.00) to cover damages resulting from an attack by the dangerous dog and provide proof of the required liability insurance coverage to the animal services supervisor. The owner shall notify the animal services supervisor immediately if a lapse in insurance coverage occurs or if the coverage ceases or is reduced at any time for any reason. The owner shall include in the policy provisions requiring the insurance provider to provide notice to the animal services supervisor not less than thirty (30) days prior to cancellation or any material change in coverage, and naming the city as a certificate holder;
(D) 
Microchip.
Microchip and register the dangerous dog for its life with a national registry, and present proof to the animal services supervisor. The cost shall be at the owner's expense. The owner of the dangerous animal shall microchip the dog by implanting a microchip identification device on the dog within seven (7) days after being notified by the animal services supervisor or the court that such dog is dangerous or within forty-eight (48) hours of an unsuccessful appeal;
(E) 
Sterilize.
Present proof to the animal services supervisor that the dog has been sterilized so as to prevent reproduction;
(F) 
Compliance.
Comply with all applicable regulations, requirements, and restrictions on dangerous dogs; and
(G) 
Extensions.
Obtain written extension from the animal services supervisor to complete the registration requirements, if necessary. All requests for extension shall be in writing and, if granted by the animal services supervisor, shall total no more than thirty (30) additional days.
(b) 
No stay of microchip requirement.
An appeal of a dangerous dog determination by the court under sections 2.03.003 or 2.03.004 shall not act to stay the requirements of subsection (a) except regarding implantation of a microchip as noted in subsection (a)(4).
(c) 
Delivery required - dangerous.
The owner of a dangerous dog shall deliver the dog to the animal services supervisor immediately upon learning that the dog is a dangerous dog, if the dog is not already impounded.
(d) 
Delivery required - out of compliance.
The owner of a dangerous dog who falls out of compliance with an owner's requirement of subsection (a) shall deliver the dog to animal services immediately.
(e) 
Seizure warrant.
The court may issue a warrant to seize the subject dog at any time the court finds that probable cause of violation or non-compliance exists, including any time otherwise allowed for voluntary compliance. If, on application of the animal services supervisor, the court finds, after notice and hearing as provided by this chapter, that the owner of a dangerous dog has failed to comply with or has fallen out of compliance with an owner's requirement of subsection (a), the court shall order the animal services supervisor to seize the dog and shall issue a warrant authorizing the seizure.
(Ordinance 6416 adopted 9/20/21)
(a) 
Fee.
The animal services supervisor shall annually register a dangerous dog, if the owner is in compliance with the owner's requirements of this section. The owner shall present proof of compliance satisfactory to the animal services supervisor and shall pay an annual registration fee of two hundred dollars ($200.00).
(b) 
Tag.
The animal services supervisor shall provide to the owner registering a dangerous dog, a dangerous dog registration tag. Such tag shall be of a bright distinguishing color, shall contain the year of registration engraved on its face, and shall be larger than a normal license tag issued to dogs and cats. A dangerous dog registration shall be valid for one (1) year from the date of issuance.
(c) 
Required display of tag.
The owner of a registered dangerous dog shall attach the tag to the dog's collar, or similar device, and shall place such collar or device on the dog. The owner of a registered dangerous dog shall display current registration on the dog in this manner at all times.
(d) 
Notice to animal services supervisor.
If the owner of a registered dangerous dog intends to sell or give away the dog or move the dog to a new address, the owner, not later than the fourteen (14) days prior to the date of the intended sale, gift, or move, shall notify the animal services supervisor of the dog's new address and new owner, if applicable.
(e) 
Notice to others.
If the owner of a registered dangerous dog sells or gives the dog to another person, the owner shall notify the other person at the time of the sale or gift that the dog is a registered dangerous dog.
(f) 
Dangerous dog relocations.
An owner moving to a new location within the city must have the new location inspected and approved by the animal services supervisor prior to relocating the dog to the new location within the city or must relinquish the dog to animal services.
(g) 
Registration non-transferable.
Dangerous dog registrations are non-transferable to a new owner or a new location.
(h) 
Dangerous dogs from other jurisdictions prohibited.
The owner of a dog that has been determined to be dangerous by another jurisdiction is prohibited from having such dog within the city limits and within the area immediately contiguous and adjacent to the city limits, extending for a total distance of 5,000 feet.
(i) 
Notice to other jurisdictions.
When the animal services supervisor is informed that a dangerous dog has moved to another jurisdiction, he should notify animal services for such jurisdiction of this information.
(Ordinance 6416 adopted 9/20/21)
(a) 
Notice of attacks - human.
The owner of a registered dangerous dog shall notify the animal services supervisor of all attacks the dog makes on humans.
(b) 
Notice of attacks - animal.
Additionally, the owner of a registered dangerous dog shall notify the animal services supervisor of all attacks made by the dog on domestic animals and domestic fowl.
(Ordinance 6416 adopted 9/20/21)
(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 the attack causes bodily injury to the other person.
(b) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a domestic animal or domestic fowl while said dog is at-large, and the attack causes bodily injury or death to the domestic animal or domestic fowl.
(c) 
A person commits an offense if the person is the owner of a dangerous dog or the new owner of a dangerous dog and performs an act prohibited or fails to perform an act required by this chapter.
(d) 
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). An attorney having civil jurisdiction for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the municipality.
(Ordinance 6416 adopted 9/20/21)
(a) 
It is a defense to prosecution under section 2.03.008 that the person is a veterinarian, a licensed peace officer, a person employed by a recognized animal services center 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 animal in connection with that position.
(b) 
It is a defense to prosecution under section 2.03.008 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) 
It is a defense to prosecution under section 2.03.008 that the person is a dog trainer or an employee of a guard dog company under the Texas Private Security Act (chapter 1702, Texas Occupations Code) and its subsequent amendments and the regulations adopted under that act, and is not the actual owner of the dog.
(d) 
It is a defense to prosecution under section 2.03.008 that the person injured was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been reported to have teased, tormented, abused, or assaulted the animal.
(e) 
It is a defense to prosecution under section 2.03.008 that the person injured was, at the time of the attack, committing or attempting to commit a crime.
(f) 
It is a defense to prosecution under section 2.03.008 that the animal was protecting or defending a person while in the person's control, from an unjustified attack or assault.
(Ordinance 6416 adopted 9/20/21)
An owner of a dangerous animal shall not permit a dangerous animal to be outside the secure enclosure unless the animal is muzzled and restrained by a substantial chain or leash, no longer than six (6) feet in length, and a capable person is in immediate physical control of the leash. Such animal shall not be leashed to any inanimate object such as a tree, post, building, or other object. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal. Cloth muzzles are prohibited.
(Ordinance 6416 adopted 9/20/21)