No person shall own or harbor a nonregisterable dangerous dog within the city. Such an animal may be impounded as a public nuisance. If impoundment of such nonregisterable dangerous dog is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a nonregisterable dangerous dog from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given 24 hours’ notice that, if the animal is not surrendered to the animal control officer for impoundment within said 24-hour period, then the animal will be destroyed wherever it is found. After this notice, the nonregisterable dangerous dog may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing on a form provided for by policy. A written notice left at the entrance to the premises where the nonregisterable dangerous dog is harbored will be considered valid notice under this section.
(Ordinance 04-01-12 (12), ex. A (2.405), adopted 2/9/04)
A dog is determined to be a nonregisterable dangerous dog if:
(1) 
A dog is automatically determined to be nonregisterable if it commits acts as set forth under the definition of “nonregisterable dangerous dog” in section 2.01.001;
(2) 
The animal control officer may find and determine a dog to be nonregisterable if:
(A) 
Upon receipt of an affidavit of complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the animal shelter before the animal control officer, setting forth an act described in section 2.01.001 and referenced above in subsection (1), and setting forth:
(i) 
The nature and the date of the act described in section 2.01.001;
(ii) 
The location of the event;
(iii) 
The name and address of the owner of the animal in question; and
(iv) 
The description of the animal in question;
(B) 
The animal control officer investigates the complaint and may determine that an animal is nonregisterable under this chapter and/or state law;
(3) 
The dog has been registered as, or finally determined or declared to be, a dangerous dog, either in Rockdale or in another city or county in the state, or has made an unprovoked attack on another person outside the dog’s enclosure, or causes injury to such person or a person assisting or intervening on behalf of such person; or
(4) 
The owner of a dog determined to be a registerable dangerous dog under this chapter, or any previous or other ordinance of this city or any other city or state law, cannot or will not comply with the requirements set out in this chapter for the keeping of a registerable dangerous dog.
(Ordinance 04-01-12 (12), ex. A (2.406), adopted 2/9/04)
(a) 
Within five working days of determining an animal nonregisterable, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a nonregisterable animal. In the event that certified mail, return receipt requested, cannot be delivered, the animal control officer may then give notice by ordinary mail to the last known address of the owner. For the purposes of this section, written notice may be delivered by the animal control officer in person to the owner/harborer of the dog in question.
(b) 
If the animal is determined to be nonregisterable under this chapter, the owner may appeal to the municipal court within 15 days of notification. Failure to appeal the determination of a nonregisterable dangerous dog shall result in the animal control officer’s determination as becoming final.
(Ordinance 04-01-12 (12), ex. A (2.407), adopted 2/9/04)
Pending any appeal to the municipal court, the animal must be confined at the animal shelter or licensed veterinary facility, and the cost of such confinement shall be borne by the owner. If the dog in question is not in the possession of the animal shelter at the time of the declaration, the owner must surrender the dog to the animal control officer when ordered to do so. If the owner fails to immediately surrender the dog, the animal control officer shall take the dog into his possession from the premises of the owner or elsewhere, wherever the dog may be found within the city limits. If the dog cannot be taken into custody by the animal control officer, it may be taken, as contraband, into custody under a search warrant pursuant to CCP, article 18.01; the grounds for issuance shall conform to subsection (8) of article 18.02 of the same code and issued by the municipal judge.
(Ordinance 04-01-12 (12), ex. A (2.408), adopted 2/9/04)
The owner of a dog upon receiving a notice of a determination that the dog is a nonregisterable dangerous dog, dangerous dog, or should be destroyed from the animal control officer may raise as a defense to prosecution the following defenses:
(1) 
If the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal and was older than eight years of age at the time of the attack;
(2) 
If the person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been reported to have teased, tormented, abused or assaulted the animal and is older than eight years of age at the time of the attack;
(3) 
If the person was committing or attempting to commit a crime;
(4) 
If the dog was protecting or defending a person while in that person’s control from an unjustified attack or assault; or
(5) 
If the dog was injured and responding to pain.
(Ordinance 04-01-12 (12), ex. A (2.409), adopted 2/9/04; Ordinance 2004-04-12 (11), sec. 3, adopted 5/10/04)
(a) 
If the municipal court upholds the determination by the animal control officer, the court shall, subject to any rights of appeal, order the dog to be euthanized in a safe and humane manner.
(b) 
In the event the municipal court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the city for any veterinary medical treatment administered to the dog while in the custody of the animal control officer.
(Ordinance 04-01-12 (12), ex. A (2.410), adopted 2/9/04)