(a) 
A person commits an offense if they own, possess, exhibit, harbor, or keep, any exotic or wild animal within the city limits except in a zoo approved by the city council, or a school or college for educational purposes, or by virtue of a temporary exhibition permit issued by the animal control officer.
(b) 
A temporary exhibition permit may be issued subject to the payment of an administrative fee, and the agreement of the owner to comply with reasonable safety requirements established by the animal control officer, which requirements shall be made a part of the permit. The permit shall set forth the period of time for which it is in effect.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
License required.
A person commits an offense if they possess, keep or harbor any dangerous dog or vicious animal within the corporate city limits without a current license tag for the animal.
(b) 
Defenses.
It is a defense to prosecution under subsection (a) of this section that the owner of the dangerous dog or vicious animal has resided in the city less than fourteen (14) days.
(c) 
Issuance of license and tag.
(1) 
A person may license a dangerous dog or vicious animal by providing proof of:
(A) 
Liability insurance or financial responsibility, as required by Texas Health and Safety Code, section 822.042;
(B) 
Current rabies vaccination of the dangerous dog;
(C) 
The secure enclosure in which the dangerous dog will be kept; and
(D) 
Payment of the registration fee set forth in appendix A.
(2) 
The owner will receive a metal license tag stamped with the year issued. The owner must attach the tag to the collar or harness that is worn at all times by the animal.
(d) 
Notification of attack.
An owner of a registered dangerous dog or vicious or wild animal shall notify the city of any attacks the animal makes on people or other animals.
(e) 
Term.
A license shall be valid for a period of one (1) year from the date of issuance.
(f) 
Transfer.
If an owner of a registered dangerous dog or vicious animal sells or moves the animal to a new address, the owner, not later than the fourteenth (14) day after the date of the sale or move, shall notify the animal control authority. On presentation by the current owner of a dangerous dog’s prior registration tag and payment of a fee as provided in appendix A to this code, the animal control authority shall issue a new registration tag to be placed on the dangerous dog’s collar.
(g) 
Renewal.
Licenses must be renewed annually. The animal owner must present proof of the requirements of subsection (c).
(h) 
Refusal or revocation.
The animal control officer may refuse to license an animal or may revoke a license of an animal to any person who has committed, or who resides with any person who committed, any of the following offenses:
(1) 
Cruelty to animals, as provided in Texas Penal Code.
(2) 
Four (4) or more separate violations of an animal control ordinance of a municipality of the state within any twelve (12) month period.
(i) 
Duplicate license.
A duplicate license tag may be issued upon presentation of a license receipt showing payment of the current year’s fees.
(Ordinance 2019-02 adopted 2/5/19)
If the animal control officer denies or revokes a license of a dangerous dog or a vicious animal, they shall give notice by personal service or by certified mail, return receipt requested, to the owner. The dangerous dog or vicious animal owner may appeal the decision to deny or revoke by filing written notice with the city manager or designee within five (5) days after receipt of notice. The city manager shall mail or cause to be personally delivered written notice of the time and place of the hearing to the person appealing. The notice shall be mailed to the address specified in the notice of appeal form. The city manager or designee shall make their decision on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager or designee shall be final.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
The animal control officer may order any owner or person harboring an exotic or wild animal to immediately remove such animal from the city. The animal control officer shall provide the owner or person harboring the animal a written order to remove the animal within twenty-four (24) hours. The animal control officer’s order may be appealed to the city manager by filing written notice with the city manager, or designee, within five (5) days of the order. The decision of the city manager, or designee, is to be considered final. The order of the city manager, or designee, shall either require upholding the order of the animal control officer and require the animal be removed from the city within twenty-four (24) hours or overturn the order of the animal control officer and order the animal be released to the person from whom it was seized if the animal is impounded.
(b) 
The animal control officer shall seize and impound the animal if it is not removed from the city within twenty-four (24) hours after the order is provided. If the animal control officer’s order is appealed, the animal control officer shall not seize the animal until the appeal is heard. If the animal has been seized prior to the filing of an appeal, the animal shall remain impounded until the appeal is heard. The animal control officer shall seize and impound the animal if it is not removed from the city within twenty-four (24) hours after the rendering of an order of the city manager affirming the animal control officer’s order.
(c) 
The animal control officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city has not been so removed within twenty-four (24) hours of ordering the animal be removed or an order of the city manager affirming the officer’s order.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
If a person reports an incident described by the definition of dangerous dog or vicious animal, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the animal is a dangerous dog or a vicious animal, the animal control authority shall notify the owner in writing of the determination.
(b) 
Notwithstanding any other law, an owner, not later than the fifteenth (15) day after the date the owner is notified that an animal owned by the owner is a dangerous dog or a vicious animal, may appeal the determination of the animal control authority to the municipal court.
(c) 
To file an appeal under subsection (b), the owner must:
(1) 
File a notice of appeal of the animal control authority’s dangerous dog or vicious animal determination with the court;
(2) 
Attach a copy of the determination from the animal control authority; and
(3) 
Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.
(d) 
The owner of the animal shall deliver the animal to the animal control authority not later than the fifth (5) day after the filing of a notice of appeal under subsection (c). The authority shall provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal.
(e) 
If the owner fails to deliver the animal as required by subsection (d), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The animal control authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal. The owner shall pay any cost incurred in seizing the animal.
(f) 
The court, after receiving a notice of appeal under subsection (c), shall set a time for a hearing to determine whether the determination of the animal control authority under subsection (a) should be upheld. The hearing must be held not later than the tenth (10th) day after the date on which the animal is delivered or seized.
(g) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The person that filed the notice of appeal; and
(2) 
The animal control authority.
(h) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(i) 
The court, if it determines the determination of the animal control authority shall be upheld and the animal is a dangerous dog or vicious animal, shall order the animal control authority to continue to impound the animal in secure and humane conditions until the owner of the animal presents satisfactory proof of compliance with section 2.05.009(a) or until the court orders disposition of the animal under section 2.05.009(e) and the animal is returned to the owner or destroyed.
(j) 
If the determination of the animal control authority is upheld, the owner shall pay a cost or fee assessed by the animal control authority related to the acceptance, impoundment, or destruction of the animal.
(k) 
An owner may appeal the decision of the municipal court under subsection (b) in the manner described by section 2.05.008.
(l) 
Dangerous dogs from other jurisdictions prohibited. The owner of an animal that has been determined to be dangerous by another jurisdiction is prohibited from having such animal within the city limits.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
The city hereby elects to be governed by section 822.0422, Texas Health and Safety Code, in addition to all other sections of subchapter D, chapter 822, Texas Health and Safety Code, should a proceeding be brought under that subchapter.
(b) 
A person may report an incident described by the definition of a dangerous dog or a vicious animal to the municipal court for the city. The owner of the animal shall deliver the animal to the animal control authority not later than the fifth (5) day after the date on which the owner receives written notice that the report has been filed. The authority shall provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal.
(c) 
If the owner fails to deliver the animal as required by subsection (b), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal. The owner shall pay any cost incurred in seizing the animal.
(d) 
The court shall determine, after notice and hearing as provided in section 2.05.007, whether the animal is a dangerous dog or a vicious animal.
(e) 
The court, after determining the animal is a dangerous dog or a vicious animal, shall order the animal control authority to continue to impound the dangerous dog or vicious animal in secure and humane conditions until the owner of the animal presents satisfactory proof of compliance with section 2.05.009(a) or until the court orders disposition of the animal under section 2.05.009(e) and the animal is returned to the owner or destroyed.
(f) 
If the court determines the animal is a dangerous dog or vicious animal, the owner shall pay a cost or fee assessed by the city related to the acceptance, impoundment, or destruction of the animal. The governing body of the city may prescribe the amount of the fees.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
The court, upon receiving a report of an incident under section 2.05.006 or on application under section 2.05.009(d), shall set a time for a hearing to determine whether the animal is a dangerous dog or a vicious animal or whether the owner of the animal has complied with chapter 822.042 of the Texas Health and Safety Code. The hearing must be held not later than the tenth (10) day after the date on which the animal is seized or delivered.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the animal or the person from whom the animal was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(d) 
The court shall determine the estimated costs to house and care for the impounded animal during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(e) 
An owner or person filing the action may appeal the decision of the municipal court in the manner described by section 2.05.008.
(Ordinance 2019-02 adopted 2/5/19)
A party to an appeal under section 2.05.005(b) or a hearing under section 2.05.007 concerning a dangerous dog may appeal the decision to a county court or county court at law in the county in which the municipal court is located in accordance with section 822.0424, Texas Health and Safety Code.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
Not later than the thirtieth (30) day after a person learns that the person is the owner of a dangerous dog or a vicious animal, the person shall:
(1) 
Register the dangerous dog or vicious animal with the animal control authority in accordance with section 2.05.002;
(2) 
Restrain the dangerous dog or vicious animal at all times on a leash in the immediate control of a person or in a secure enclosure; and
(3) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog or vicious animal causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority.
(b) 
The owner of a dangerous dog or vicious animal who does not comply with subsection (a) shall deliver the animal to the animal control authority not later than the thirtieth (30th) day after the owner learns the animal is a dangerous dog or a vicious animal.
(c) 
A person who complies with subsection (a) and maintains possession of the animal in the city must maintain compliance with the requirements stated in subsection (a) for as long as the person remains in possession of the animal in the city.
(d) 
If, on application of any person, the municipal court finds, after notice and hearing as provided by section 2.05.007, that the owner of a dangerous dog or a vicious animal has failed to comply with subsection (a), (b) or (c), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The animal control authority shall seize the animal or order its seizure if the animal is not already in the authority’s possession and shall provide for the impoundment of the animal in secure and humane conditions.
(e) 
The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the animal. The governing body of the municipality may prescribe the amount of the fees.
(f) 
The court shall order the animal control authority to humanely destroy the animal if the owner is not in compliance with subsection (a) or (c) before the eleventh (11) day after the date on which the animal is seized or delivered to the authority, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dangerous dog during the pendency of an appeal under section 2.05.008. The court shall order the authority to return the animal to the owner if the owner complies with subsection (a) or (c) before the eleventh (11) day after the date on which the animal is seized or delivered to the authority.
(g) 
The court may order the humane destruction of an animal if the owner of the animal has not been located before the fifteenth (15) day after the seizure and impoundment of the animal.
(h) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog or a vicious animal when:
(1) 
The owner knows of an attack described in the definition of dangerous dog or the definition of vicious animal;
(2) 
The owner receives notice that the municipal court has found that the animal is a dangerous dog or a vicious animal under section 2.05.007; or
(3) 
The owner is informed by the animal control authority that the animal is a dangerous dog or a vicious animal under section 2.05.005.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
A person commits an offense if the person is the owner of a dangerous dog or vicious animal and the animal makes an unprovoked attack on a person outside the animal’s enclosure and causes bodily injury to the person.
(b) 
An offense under this section is a class C misdemeanor.
(c) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog or vicious animal destroyed by a licensed veterinarian, personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals, or personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
A person who owns or keeps custody or control of a dangerous dog or vicious animal commits an offense if the person fails to comply with section 2.05.005(b), section 2.05.005(d), section 2.05.005(l), section 2.05.006(b) or section 2.05.009 or an applicable state regulation relating to dangerous dogs.
(b) 
Except as provided by subsection (c), an offense under this section is a class C misdemeanor.
(c) 
An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(Ordinance 2019-02 adopted 2/5/19)
(a) 
It is a defense to prosecution under section 2.05.010 or section 2.05.011 that the person is a veterinarian, a peace authority, a person employed by a recognized animal shelter, 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 2.05.010 or section 2.05.011 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 2.05.010 or section 2.05.011 that the person is a dog trainer or an employee of a guard dog company under chapter 1702, Occupations Code.
(Ordinance 2019-02 adopted 2/5/19)