No dog or cat of fierce, dangerous or vicious propensities shall
be allowed upon any street, avenue, highway, sidewalk, park or other
public place in the city, whether or not said dog or cat is under
control by means of a leash, chain or other restraint. A dog or cat
that has attacked or bitten a human being or attacked another animal
shall be considered fierce, dangerous or of vicious propensities.
Guard dogs for commercial property are exempt, provided that such
dogs have been registered with both the humane officer and police
department and the owner possesses, if required, a license under the
Texas Private Security Act.
(Ordinance 20-108, sec. 2.14, adopted 6/15/2020)
(a) The
humane officer or chief of police may receive a complaint concerning
a dog or cat which has bitten a human being or attacked and killed
another animal. A complainant must file with the humane officer or
chief of police a written sworn complaint which contains the following
information, as applicable:
(1) Name, address and telephone number of the complainant and any other
witnesses to the incident;
(2) Date, time and location of the incident;
(3) Description of the dog or cat;
(4) Name, address and telephone number of the dog or cat owners;
(5) A statement that the dog or cat attacked and killed another animal;
(6) A statement that the dog or cat attacked or bit a human being;
(7) A statement that the dog or cat has exhibited vicious propensities
in past conduct; and
(8) Other facts or circumstances of the incident.
(b) After
a sworn complaint is filed with the humane officer or chief of police,
he or she shall investigate the complaint and, if there be sufficient
evidence, he or she may request the judge of the municipal court to
set a time and place for a hearing. The judge of the municipal court
shall give notice of the hearing to the dog's or cat's owner by personal
service or certified mail, return receipt requested, at least ten
(10) days prior to the hearing date.
(c) The
judge of the municipal court shall hold such hearing and shall determine
at the hearing if the dog or cat specified in the complaint should
be destroyed or ordered removed from the city limits for the protection
of the public health, safety and welfare of the community. The judge
of the municipal court shall receive testimony at the hearing concerning
the incident under investigation. To order the removal or destruction
of the dog or cat for the public health, safety and welfare, the judge
of the municipal court must find all the following facts to be true:
(1) The dog or cat attacked or bit a human being or attacked and killed
another animal;
(2) The dog or cat is the same dog or cat which committed the acts in subsection
(c)(1) of this section;
(3) Destruction of or removal of the dog or cat is necessary to preserve
the public health, safety, and welfare of the community.
(d) If
the judge of the municipal court declares the animal as dangerous
and the owner is not present at the hearing, the judge shall notify
the owner of the decision by personal service or certified mail, return
receipt requested. If the judge of the municipal court does not declare
the animal as dangerous, the humane officer or chief of police shall,
if the dog or cat was impounded, return the dog or cat to the owner
upon payment of any fees due.
(e) An
owner of a dog or cat may appeal a declaration that the animal is
dangerous to a court of competent jurisdiction within five (5) days
of the decision. If the judge of the municipal court receives written
notice of the intent to appeal within ten (10) days of the decision,
the judge shall suspend the declaration pending final determination
of the court. In this event, the owner will have forty-eight (48)
hours’ notice to pick up the animal and hold it pending the
appeal. Failure to claim the animal within forty-eight (48) hours
will result in the execution of the removal or destruction order.
(Ordinance 20-108, sec. 2.15, adopted 6/15/2020)
It is a defense to the declaration of an animal as dangerous
and the prosecution of the owner of an animal previously declared
to be dangerous:
(1) If
the subject of the animal attack was teasing, tormenting, abusing
or assaulting the animal or has, in the past, been observed or reported
to have teased, tormented, abused or assaulted the animal;
(2) If
the subject of the animal attack was committing or attempting to commit
a crime;
(3) If
the domestic animal killed was at the time teasing, tormenting, abusing
or assaulting the animal;
(4) If
the animal was protecting or defending a person within the immediate
vicinity of the animal from an unjustified attack or assault;
(5) If
the animal was injured and responding to pain; or
(6) If
the animal was protecting her puppies, itself or its kennel mates.
(Ordinance 20-108, sec. 2.16, adopted 6/15/2020)
An owner of an animal declared to be a dangerous animal under
this rule must comply with the following within thirty (30) days of
such final determination. Compliance with these requirements will
be determined by the city humane officer or a police officer.
(1) The
animal must be registered in accordance with this chapter;
(2) The
animal must be kept in a proper enclosure providing the animal protection
from the elements. The regulatory authority shall have the right to
require that a secure top and/or a secure bottom be added to the enclosure
if the need is demonstrated based on the type of animal to be kept
in the enclosure and its anticipated ability to escape;
(3) The
owner must present to the humane officer or a police officer a certificate
of public liability insurance in the amount of one hundred thousand
dollars ($100,000.00) to cover any damages caused or which may be
caused by the animal. The insurance shall be for a twelve-month period
and shall not be cancelled unless the animal is no longer kept by
the owner; and
(4) The
animal, when taken outside the enclosure, must be securely muzzled
in a manner that will not cause injury to the animal nor interfere
with its vision or respiration but shall prevent it from biting any
person or animal, and the animal must be restrained by a substantial
chain or cable leash having minimum tensile strength of one thousand
(1,000) pounds and not to exceed six (6) feet in length.
(Ordinance 20-108, sec. 2.17, adopted 6/15/2020)