For purposes of this article, a person learns they are the owner
of a dangerous dog when:
(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:
(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:
(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.
(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.
(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)
