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)