This designation shall refer to a dog determined dangerous under this chapter and in compliance with state law and that meets any of the following criteria:
(1) 
Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person;
(2) 
Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and which enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to any person; or
(3) 
Any animal that has killed or seriously injured a domestic animal without provocation while off the owner’s property.
(Ordinance 04-01-12 (12), ex. A (2.411), adopted 2/9/04)
A dog is determined to be a registerable dangerous dog if it meets the requirements set out in foregoing section, and:
(1) 
The owner of the dog in question knows of such an attack as defined in this chapter; or
(2) 
The owner is notified by the animal control officer that the dog in question is a registerable dangerous dog. The animal control officer may find and determine a dog to be a registerable dangerous dog 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, setting forth an act described in foregoing section of this chapter and setting forth as follows:
(i) 
The nature and the date of the act described in foregoing section;
(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 has been notified by another agency that the dog has been determined to be dangerous under state law.
(Ordinance 04-01-12 (12), ex. A (2.412), adopted 2/9/04)
(a) 
Within five working days of determining a dog to be a registered dangerous dog, if written notification cannot be given personally to the owner of the dog, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registerable dangerous dog. In the event that certified mail, return receipt requested, cannot be delivered, the animal control officer may then give notice by ordinary mail.
(b) 
If the dog is determined to be registerable under this chapter, the notice shall inform the owner of the dog that he/she may appeal the determination to municipal court no later than 15 days after the date the owner is notified of the determination. Failure to appeal the determination of registerable dangerous dog within the 15-day period shall result in the animal control officer’s determination becoming final.
(c) 
Upon determination by the animal control officer that the dog is dangerous, the owners shall be required to secure the animal immediately within an enclosure that meets the requirements of this chapter. If the owner fails to do so, the animal control officer shall impound the dog until such enclosure is provided.
(d) 
The animal control officer shall immediately notify, in writing, adjacent and contiguous property owners of such determination.
(Ordinance 04-01-12 (12), ex. A (2.413), adopted 2/9/04)
Pending the outcome of the appeal, the animal must be confined at a licensed veterinary clinic or at the animal shelter, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the animal shelter or a veterinary clinic at the time of the determination, 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 have the right to 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 issued by the municipal judge.
(Ordinance 04-01-12 (12), ex. A (2.414), adopted 2/9/04)
The defenses identified in section 2.04.035 shall serve as a defenses to the determination of a dog as a registerable dangerous dog and to the prosecution of the owner of that dog.
(Ordinance 04-01-12 (12), ex. A (2.415), adopted 2/9/04)
(a) 
If the municipal court upholds the determination by the animal control officer, the owner shall, no later than ten days after the hearing, comply with the provisions of this chapter for the keeping of a registered dangerous dog in the city and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and medical treatment of the dog are paid.
(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 has paid all veterinary medical costs administered to such dog while in the custody of the animal control officer.
(c) 
The municipal court may make any reasonable orders for the dog consistent with this chapter and chapter 822 of the Health and Safety Code.
(d) 
If the animal control officer has information or belief or has determined that a court of competent jurisdiction has ever made or upheld a determination or declaration that a dog is dangerous, or if the animal control officer has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this city or other cities or state law, the animal control officer shall notify the person owning or keeping such dog in writing that the owner shall no later than ten days after the date of the notice comply with the provisions of this chapter for the keeping of a registered dangerous dog in the city.
(Ordinance 04-01-12 (12), ex. A (2.416), adopted 2/9/04)
(a) 
The owner must register the dog with the animal control officer and pay the fees as required by state law not later than 30 days after the owner is notified that the dog is dangerous. The registration shall not be transferable and shall expire one year from the date of issuance. The animal control officer shall provide to the owner of the registered dangerous dog a tag, which must be placed on the dog’s collar and worn at all times.
(b) 
The owner must comply with the following to register the dog:
(1) 
Present proof of liability insurance or financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog;
(2) 
Present proof of current rabies vaccination of the registerable dangerous dog;
(3) 
Present proof that the dog has been altered so as to prevent reproduction;
(4) 
Provide a proper enclosure as defined in this chapter, and that proper enclosure must be inspected and approved by the animal control officer;
(5) 
Post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and
(6) 
Further identification may be required and designated by the order of the city.
(c) 
When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length.
(d) 
Prior to selling or moving the registered dangerous dog either inside or outside the city limits, the owner must notify the animal control officer of his/her intentions. In the event the dog is moved permanently outside the city limits, the owner must comply with the state law in notifying the animal control division in control of the area into which the dog has been moved.
(e) 
Anyone bringing a dog into the city limits that has been declared dangerous by another animal control authority must notify the animal control officer of the new address where the dog will be kept, and upon presentation of the dog’s prior registration tag that has not expired shall pay a fee set by the city council, and the animal control officer shall issue a new tag to be placed on the dog’s collar. This owner must also comply with all requirements set out in this chapter.
(Ordinance 04-01-12 (12), ex. A (2.417), adopted 2/9/04)
Any appeal of the decision or order of the municipal court of the city shall be made within ten days in the same manner as appeal from civil cases originating in the justice of the peace courts of this state. The municipal court shall order the appellant to post a supersedeas bond payable to the city in an amount not less than $10,000.00. The form of the bond shall be as prescribed in the laws pertaining to civil appeals originating in the justice of the peace courts in this state. The appellant shall be responsible for the cost of appeal.
(Ordinance 04-01-12 (12), ex. A (2.419), adopted 2/9/04)
It is a defense to prosecution that the person possessing a dangerous dog is:
(1) 
A veterinarian, a peace officer, or an employee of the city, and the harboring of the dog was in the performance of his/her duties;
(2) 
An employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or
(3) 
A dog trainer or an employee of a guard dog company, while in the performance of his/her duties, under the Private Security Act.
(Ordinance 04-01-12 (12), ex. A (2.420), adopted 2/9/04)
(a) 
It shall be a violation of this article if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person outside the dog’s proper enclosure and causes bodily injury to the other person, whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.
(b) 
It shall be a violation of this article if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog’s proper enclosure, whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner.
(c) 
It shall be a violation of this article if the person is the owner of a registered dangerous dog and that dog attacks a person who gains access to the proper enclosure due to negligence on the part of the owner or the owner’s agent. This negligence shall include a failure to comply with the notification of ownership of dangerous dog through posting of warning signs in accordance with this article.
(d) 
In addition to criminal prosecution, a person who commits an offense under this article is liable for a civil penalty not to exceed $10,000.00. The city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.
(Ordinance 04-01-12 (12), ex. A (2.421), adopted 2/9/04)