It is hereby declared to be a public nuisance for an owner to
keep a dangerous dog in the city unless the owner complies with the
requirements of this article and with chapter 822, subchapter D, of
the Texas Health and Safety Code, as amended.
(1991 Code, sec. 2.700)
The animal control officer shall investigate all reports of
attacks by dogs.
(1991 Code, sec. 2.700)
(a)
A
person shall report to the animal control officer any incident in
which a dog:
(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 on its own; or
(2)
Commits an unprovoked act 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 on its own and that act causes a person to reasonably
believe that the dog will attack and cause bodily injury to that person.
(b)
The
animal control officer shall require sworn statements from all victims
and witnesses of the unprovoked attack or act.
(1991 Code, sec. 2.700)
(a)
If
the animal control officer determines that the dog is a dangerous
dog, the animal control officer shall give the owner written notification
of this determination.
(b)
The
animal control officer shall require the owner to deliver the dangerous
dog to the animal control authority not later than five days after
the date on which the owner receives the notice that the dog is a
dangerous dog. If the owner fails to deliver the dog, the municipal
court shall order the animal control authority to seize the dog, and
the municipal court shall issue a warrant authorizing the seizure.
(1991 Code, sec. 2.700)
(a)
The
owner may appeal the animal control officer’s determination
that the dog is a dangerous dog by making a written appeal to the
municipal court not later than 10 days after the owner receives notice
from the animal control officer of the determination that the dog
is a dangerous dog.
(b)
The municipal court, upon receiving a written appeal as provided in subsection (a), above, shall set a time for a hearing. The hearing must be not later than 15 days after the owner receives notice from the animal control officer of the determination that the dog is a dangerous dog.
(d)
Any
interested party, including the city attorney, is entitled to present
evidence at the hearing.
(e)
The
municipal court shall issue its written decision within 10 days after
the hearing.
(1991 Code, sec. 2.700)
(a)
Any dog that the animal control officer determines is a dangerous dog shall be impounded in secure and humane conditions by the animal control authority pending final notice, as defined in section 2.07.007(b), below, regarding whether the dog is a dangerous dog.
(b)
Regardless
of whether the dog is ultimately determined to be a dangerous dog,
the owner shall pay all costs incurred in seizing and impounding the
dog. The owner of a dangerous dog shall pay all costs incurred, if
any, in euthanizing the dangerous dog.
(1991 Code, sec. 2.700)
(a)
Not
later than 10 days after the owner receives final notice that the
dog is a dangerous dog, the owner shall:
(1)
Obtain a registration certificate for the dangerous dog from the
animal control authority;
(2)
Restrain the dangerous dog at all times in a secure enclosure or
on a leash in the immediate control of a person;
(3)
Obtain liability insurance coverage or show financial responsibility
in an amount of at least $100,000 to cover damages resulting from
an attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial
responsibility to the animal control authority;
(4)
At all times when the dangerous dog is taken off the property of
the owner for any reason, secure the dangerous dog with a muzzle in
a manner that will not cause injury to the dog nor interfere with
its vision or respiration but that will prevent it from biting any
person or animal; and
(5)
Spay or neuter the dangerous dog.
(b)
For purposes of subsection (a), a person receives final notice that the dog is a dangerous dog upon the latest of:
(1)
Witnessing or otherwise knowing of an attack described in section 2.07.003(a);
(2)
Receiving notice that the animal control officer has determined that
the dog is a dangerous dog;
(3)
Receiving a written decision from the municipal court that the dog
is a dangerous dog; or
(4)
Receiving a final order from an appellate court that the dog is a
dangerous dog.
(1991 Code, sec. 2.700)
(a)
(b)
When
a registration is revoked, no registration fees shall be refunded.
(1991 Code, sec. 2.700)
The owner of a dangerous dog shall notify the animal control
authority within 24 hours if the dangerous dog is at large, unconfined,
has attacked a human being or another animal, has died, or has been
sold or given away. If ownership of the dangerous dog changes, the
former owner shall provide the animal control officer with the name,
address, and telephone number of the new owner. If the new owner’s
address is in the city or if the dangerous dog is kept in the city,
the animal control authority shall notify the new owner by certified
mail, return receipt requested, or in person that the dog has been
determined to be a dangerous dog and provide the new owner a copy
of the requirements contained in this article. It shall be unlawful
for new owners to fail to comply with any requirements of this article.
The same reporting requirements are imposed on any and all subsequent
owners of the dangerous dog.
(1991 Code, sec. 2.700)
(a)
A
person who owns a dangerous dog commits an offense if the person fails
to comply with any provision of this article.
(b)
It
is a defense to prosecution under this article that:
(1)
The person is a veterinarian, a peace officer, or a person employed
by the state, city, or a recognized animal shelter for the purpose
of handling stray animals; has temporary ownership, custody, or control
of the dog; and is acting within the course and scope of the person’s
official duties;
(2)
The person is an employee of the institutional division of the state
department of criminal justice or a law enforcement agency; trains
or uses dogs for law enforcement or corrections purposes; and is acting
within the course and scope of the person’s official duties;
or
(3)
The dog at issue is a trained guard dog in the performance of official
duties while confined or under the control of its handler.
(1991 Code, sec. 2.700)
