The city council hereby expressly adopts the regulations and
procedures outlined in the Texas Health and Safety Code, section 822.001
et seq., as amended.
(Ordinance 695-01 adopted 3/5/01)
No person shall knowingly sell, own, offer for sale, breed,
possess, keep, buy or attempt to buy, or train a dangerous animal
within the city unless the owner has received the proper permit pursuant
to this chapter.
(Ordinance 695-01 adopted 3/5/01)
(a) Upon
receipt of a written, sworn, notarized affidavit by any person, charging
that a particular animal is dangerous, a city enforcement agent shall
investigate the incident within three (3) working days to determine
whether such animal is, in fact, dangerous. If the animal has bitten
a human then the animal must be held at the animal control facility
or at an approved quarantine veterinarian clinic for the period required
by law. Any written sworn notarized affidavit shall contain at least
the following information:
(1) Name, address and telephone number of the complainant and witnesses;
(2) Date, time and location of the incident;
(3) A complete description of the animal including breed, color, sex,
size, etc.;
(4) Name, address and telephone number of the animal’s owner, if
known, and/or the premises where the animal is kept;
(5) A statement that the animal bit or attacked with as much detail as
possible with regard to the incident and whether medical attention
was required; and
(6) Any other facts that the complainant believes to be relevant.
(b) The
following will apply regarding the investigation to determine whether
an animal shall be declared “dangerous”:
(1) Notice of such investigation shall be provided by a city enforcement
agent to the owner of the animal either in person or by certified
mail, return receipt requested. The complainant in the matter shall
also be notified either in person or by certified mail, return receipt
requested. During the investigation, all parties shall be given the
opportunity to present evidence on the issue of whether such animal
is to be declared dangerous.
(2) If required by the animal control officer and in accordance with
state law, the owner of the animal shall deliver the animal to the
city enforcement officer for impoundment within five (5) days of the
notice that a sworn complaint has been filed.
(3) The suspect animal shall be seized by the city enforcement agent
pursuant to a sworn complaint, impounded, and if necessary, medically
examined at the owner’s expense if the animal caused serious
bodily injury to a person. An animal causing serious bodily injury
shall be held at an animal control facility pending the outcome of
an investigation and determination as to whether the animal is, in
fact, classifiable as dangerous. Such an investigation to determine
if an animal is dangerous shall be conducted within ten (10) days
after receipt of the complaint or seizure of the animal.
(c) Upon
conclusion of the investigation to determine if an animal is dangerous,
the city enforcement agent may find that the animal is not dangerous.
In such case, the animal shall be returned to the owner, provided
the animal has been properly vaccinated and registered and all impoundment
and medical fees paid.
(d) Should
the animal be classified as a dangerous animal, the owner shall comply
with one of the following requirements:
(1) Provide for the keeping of the animal as detailed in sections
2.06.004 and
2.06.005 of this chapter; or
(2) The court may order the seizure and humane destruction of the dangerous
animal by a person listed in the Texas Health and Safety Code, section
822.004, as amended, consistent with state law requirements.
(e) No
animal shall be declared a dangerous animal if the threat, injury
or damages caused by the animal were 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.
(f) If
an animal that has been declared to be a dangerous animal causes death
or serious bodily injury to a person, the court may order the dangerous
animal destroyed, consistent with state law requirements, by a person
listed in Texas Health and Safety Code, section 822.003, as amended,
and all related expenses will be paid by the owner.
(g) Findings
of the city enforcement agent pertaining to dangerous animals may
be appealed to the city municipal court. An owner may appeal the decision
of the city enforcement agent to the judge of the municipal court
in the same manner as an appeal is made for other criminal cases.
During the pendency of such appeal, however, the animal shall be confined
in such a manner so as to protect the health and safety of the public
until a final disposition is reached, unless otherwise ordered by
the court, and provided the requisites for the keeping of a dangerous
dog, as stated in this chapter, are satisfied.
(h) The
owner may permanently remove the dangerous animal from the city limits,
upon compliance with the following conditions:
(1) The new owner must comply with local and state regulations for owning
a dangerous dog and acknowledge, by sworn affidavit, that he/she has
been advised that the dog has been deemed dangerous, is aware of the
state law requirements and agrees to be bound by state law requirements.
(2) The name, address and phone number of the new owner and the location
where the animal will be kept must be submitted to the animal control
officer.
(3) The animal control officer shall notify the local authority of the
classification of said animal as dangerous.
(4) Proof of compliance with the local and state laws from the local
authority relating to dangerous dogs must be provided to the city.
(Ordinance 695-01 adopted 3/5/01)
(a) Responsibility of owner.
Not later than the 30th day
after a person learns that the person is the owner of a dangerous
dog, the person shall:
(1) Register the dangerous animal with the city animal control officer;
(2) Obtain liability insurance or show financial responsibility in an
amount of at least one hundred thousand dollars ($100,000.00) to cover
damages resulting from an attack by the dangerous dog causing bodily
injury or death of any person, or for damages to any person’s
property, resulting from the keeping of such dangerous animal. Acceptability
of such proof of liability insurance coverage or financial responsibility
shall be subject to the final review and approval of the city attorney,
which coverage shall require that it may not be cancelled without
prior written notification to the city not less than thirty (30) days
prior to cancellation. It shall be unlawful for an owner of any dangerous
dog found in the city to fail or refuse to present proof to an animal
control officer or a designated representative, upon request, of current
liability insurance coverage or proof of financial responsibility
as required under this subsection.
(3) Restrain the dangerous animal at all times on a leash in the immediate
control of the owner, or in a secure pen or enclosure as prescribed
in this chapter.
(A) All dangerous dogs, if not in a secure pen, shall be securely confined
indoors.
(B) No dangerous animal may be kept on a porch, patio, or in any part
of a house or structure that would allow the animal to exit such building
of its own volition. In addition, no dangerous animal may be kept
in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacles preventing the animal from
exiting the structure.
(4) Provide to the city enforcement agent the name and address of the
owner, breed, age, sex, color and any other identifying marks of said
animal; the location where the animal is to be kept if not at the
address of the owner; two (2) color photographs of the dangerous animal,
and the aforementioned certificate of liability insurance.
(5) Provide proof of the required documents necessary to register the
animal, and pay the required registration fee. The city enforcement
agent shall provide to the owner a registration tag designating the
animal as dangerous. The owner must place the tag on the animal’s
collar and must ensure that the animal wears such tag and collar at
all times.
(6) Not allow the animal to go outside its pen, cage or enclosure unless
the animal is under physical restraint and securely muzzled. No person
shall permit a dangerous animal to be kept outside its cage, pen or
enclosure on a chain, rope or other type of leash unless the owner
is in physical control of the chain, rope or other type of leash.
Dangerous animals shall not be leashed to inanimate objects such as
trees, posts, buildings, etc. Signs, approved by the animal control
officer, giving notice of the dangerous animal shall be prominently
displayed so that all persons entering said property are immediately
notified that a dangerous animal is being kept at the location.
(7) Microchip the dangerous animal, provide the microchip identification
number and proof of insertion from a licensed veterinarian to animal
control.
(b) Failure to comply.
(1) If the owner fails to register and restrain the dangerous dog and/or obtain liability insurance and/or comply with all other municipal restrictions, regulations or requirements and/or otherwise deliver the dog to the city enforcement officer, said owner shall deliver the dog to the city enforcement officer not later than the 30th day after the owner learns that the dog is a dangerous dog. If, upon application, a justice court, county court or municipal court finds that the owner failed to comply with subsection
(a) herein, the court shall order the city enforcement officer to seize the dog and shall issue a warrant authorizing the seizure of the dog. The city enforcement officer shall seize or cause to be seized the dog and provide for impoundment under secure, humane conditions. The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance and impoundment of the dog. The owner then has eleven (11) days after the seizure to comply or the dog must be ordered humanely destroyed. The court can destroy the dog after fifteen (15) days if the owner cannot be found.
(2) Failure to comply constitutes a misdemeanor, which upon conviction is punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code. Subsequent offenses are class B misdemeanors and shall be referred to the appropriate court.
(Ordinance 695-01 adopted 3/5/01)
The pen, cage or enclosure for a dangerous animal must be constructed
from materials of sufficient strength to prevent the animal’s
escape, and must have secure sides, a secure top attached to the sides,
and a secure bottom which is either attached to the sides or constructed
so that the sides of the structure are embedded in the ground no less
than two (2) feet.
(Ordinance 695-01 adopted 3/5/01)
(a) Basis of seizure.
The municipal court shall order the
seizure of a dog and issue a warrant authorizing said seizure upon:
(1) A sworn complaint that the dog caused the death or serious bodily
injury to a person; and upon
(2) A showing of probable cause to believe that the dog caused death
or serious bodily injury to a person; and upon
(3) Any other basis authorized by state law.
The dog is to be seized and impounded until the court orders
the disposition of the animal.
(b) Hearing.
A hearing is to be set by the court not later
than the 10th day after the date on which the warrant is issued. The
court is to give written notice to the concerned parties, the owner
or person from whom the dog was seized and the complainant, and any
other interested party, including the city attorney.
(c) Destruction of dog.
The dog must be destroyed if the
court finds that the dog caused the death of a person. The dog may
be ordered destroyed if the court finds it caused only serious bodily
injury by attacking, biting or mauling a person. If such findings
are not made, the court is to release the dog to the owner, the person
from whom the dog was seized or to any other authorized person.
(d) Exceptions to destruction.
Even if the dog caused serious
bodily injury to a person by attacking, biting or mauling, the court
may not order its destruction if it also finds one of the following
to be true:
(1) The dog was being used for protection of a person or a person’s
property and
(A) The attack, bite or mauling occurred in the dog’s enclosure;
(B) The enclosure was reasonably certain to prevent the dog from leaving
the enclosure on its own;
(C) Notice was provided of the presence of the dog;
(D) The injured person was at least eight years old; and
(E) Was trespassing in the enclosure at the time of the attack, bite
or mauling;
(2) The dog was not being used for the protection of a person or a person’s
property but
(A) The attack, bite or mauling occurred in the dog’s enclosure;
(B) The injured person was at least eight years old; and
(C) Was trespassing in the enclosure at the time of the attack, bite
or mauling;
(3) The attack, bite or mauling occurred during an arrest or other action
by a peace officer while the peace officer was using the dog for law
enforcement purposes;
(4) The dog was defending a person from an assault or person’s
property from damage or theft by the injured person; or
(5) The injured person was younger than eight years old and
(A) The attack, bite or mauling occurred in the dog’s enclosure;
and
(B) The enclosure was reasonably certain to keep a person younger than
eight years old from entering the enclosure.
(Ordinance 695-01 adopted 3/5/01)
(a) An
owner learns that he/she is the owner of a dangerous dog when one
of the following events occurs:
(1) Owner knows of an attack as described in Texas Health and Safety
Code section 822.041(2)(A) or (B) and as provided herein;
(2) The dog 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 the enclosure on its own;
(3) The dog commits unprovoked acts 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 the enclosure on its own and those acts
cause a person to reasonably believe that the dog will attack and
cause bodily injury to that person;
(4) The owner is informed by the city enforcement agent that the dog is dangerous as determined by the city enforcement agent through investigations and upon sworn statements. The owner may appeal this decision to the municipal court within fifteen (15) days, as set forth in section
2.06.008; or
(5) Owner receives notice that the municipal court has found the dog
is dangerous after a hearing on the matter, either on a report of
an attack that caused bodily injury, or after an owner fails to comply
with the requirements of an owner of a dangerous dog.
(b) Criminal
responsibility for the keeping of a dangerous dog may be established
by intent, knowledge or recklessness.
(Ordinance 695-01 adopted 3/5/01)
Findings of the city enforcement agent pertaining to dangerous
animals may be appealed to the city municipal court, county court,
or justice court of competent jurisdiction in accordance with the
Health and Safety Code, section 822.0421(b), as amended. An owner
may appeal the decision of the city enforcement agent to the judge
of the municipal court in the same manner as an appeal is made for
other criminal cases, but not later than the 15th day after the owner
is notified of the city enforcement agent’s determination. During
the pendency of such appeal, the findings of the city enforcement
agent shall be suspended; however, the animal shall continue to be
impounded at the owner’s expense at the designated animal control
facility for observation and to protect the health and safety of the
public until a final disposition is reached, or compliance with the
requirements for the keeping of a dangerous dog are satisfied, unless
otherwise ordered by the court. Appeal from the municipal court determination
is the same as any other appeal from the municipal court.
(Ordinance 695-01 adopted 3/5/01)
(a) A
person may report a section 822.041(2) incident to the municipal court
requiring only the establishment of bodily injury and not serious
bodily injury.
(b) The
dog owner must then deliver the dog to the animal control officer
not later than the 5th day from the date the owner receives notice
that the report has been filed.
(c) If
the owner fails to deliver the animal, the municipal court can issue
a warrant authorizing the seizure of the dog. The dog will be impounded,
at the owner’s expense, until the court orders the disposition
of the dog.
(d) Once
the court has received an incident report or an application of a violation
of section 822.042(c) the court will hold a hearing to determine whether
a dog is dangerous or whether the owner has complied with the requirements
for an owner of a dangerous dog not later than the 10th day after
the dog is seized or delivered. Texas Health and Safety Code, section
822.0423.
(e) The
appeal of the municipal court’s decision is in the same manner
as provided in the appeal of other municipal court cases. Texas Health
and Safety Code, section 822.0423.
(Ordinance 695-01 adopted 3/5/01)
(a) The
city enforcement agent, to the extent applicable, shall adhere to
procedures relative to dogs that are a danger to animals, as set forth
in subchapter B, section 822.011 et seq. of the Texas Health and Safety
Code.
(b) Dogs
deemed to be dangerous due to attacks on domestic animals shall be
subject to the procedures set forth in this article for registration,
hearing, determination and/or destruction.
(Ordinance 695-01 adopted 3/5/01)
In the event that any animal is declared to be a dangerous animal,
and/or where a wild or exotic animal is found in violation of any
provision of this chapter, a justice court, county court or municipal
court may order the city enforcement agent to seize and impound such
animal and shall issue a warrant authorizing the seizure. Where said
animal is found at large and is presenting a clear and present danger
of imminent bodily injury or death to the city enforcement agent or
any other person or animal, the animal may be destroyed and the owner
notified if the owner can be established.
(Ordinance 695-01 adopted 3/5/01)