(a) 
It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this article.
(b) 
It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, maintains in the city, or brings to the city, a dog that has been declared dangerous outside of the city under one or more of the following:
(1) 
Chapter 822 of the Texas Health and Safety Code;
(2) 
A local law or ordinance adopted in accordance with Chapter 822; or
(3) 
A statute or ordinance that is substantially similar to Chapter 822 and that was adopted by another political subdivision outside of the city.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
A “dangerous dog” means a dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than the enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or
(3) 
Commits an unprovoked attack on a person that causes serious bodily injury or death and occurs in an enclosure for which the dog was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own unless the person who was attacked was trespassing or otherwise violating the law by being within the enclosure; or
(4) 
Is at large and commits an unprovoked attack on a domestic animal that causes the death of the attacked animal; or
(5) 
Is at large and commits an unprovoked attack on a domestic animal that causes serious bodily injury to the attacked animal and the dog has already committed at least one (1) unprovoked attack on a previous occasion against a human being or domestic animal.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
The animal services supervisor (“supervisor”) or his or her designee may investigate all reports of incidents as described in the definition of a dangerous dog in section 5-91. The supervisor may accept sworn statements from all victims and witnesses to the attack. If the supervisor determines that the dog is a dangerous dog, the supervisor shall notify the owner in writing of the determination.
(b) 
Notwithstanding any other ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the supervisor to municipal court.
(c) 
To file an appeal under subsection (b), the owner must:
(1) 
File a notice of appeal of the supervisor’s dangerous dog determination with the municipal court;
(2) 
Attach a copy of the determination from the supervisor; and
(3) 
Serve a copy of the notice of appeal on the supervisor by mailing the notice through the United States Postal Service.
(d) 
An owner may appeal the decision of the municipal court under subsection (c) in the manner described by Texas Health & Safety Code sec. 822.0424.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) 
Register the dangerous dog with the animal control authority and pay an annual registration fee as determined by the city council.
(2) 
Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority.
(3) 
Implant and maintain a microchip on the dangerous dog.
(4) 
Restrain the dangerous dog on a leash and collar to ensure the overall safety of the general public.
(5) 
Be in physical control of the dangerous dog when restrained on a leash and the person in physical control of the leash must be at least eighteen (18) years of age.
(6) 
When the dangerous dog is not restrained, as outlined in this section, it shall be in a secure enclosure. The enclosure shall be posted with signs on all sides in four-inch letters warning of the presence of a dangerous dog and shall include a symbol of dangerous dogs understandable by young children.
(7) 
Surgically spay or neuter the dangerous dog and show proof of such to the animal control authority.
(8) 
Maintain current rabies vaccinations and proper licenses on the dangerous dog.
(9) 
Notify any boarding facility, caretaker, veterinary clinic or animal trainer that the dog is a dangerous dog prior to going to such location. Notify the owner of the property upon which the dangerous dog’s enclosure is located that the dog is a dangerous dog if the owner of the dangerous dog is leasing the property.
(b) 
If the supervisor determines that the owner of a dangerous dog has not complied with subsection (a) within the required time after learning that he or she is the owner of a dangerous dog, the supervisor shall provide written notice of such determination to the owner. Said owner shall, within fifteen (15) days of notice, deliver the dog to the animal control authority which shall refer the case to the municipal court for notice and hearing.
(c) 
The animal control authority may request the owner of a dangerous dog to show proof of compliance with subsection (a) above. If proof is requested, after the expiration of three (3) days, if the animal control authority determines that the owner of a dangerous dog has not sufficiently presented proof that he or she is in compliance with subsection (a) above, the supervisor shall provide written notice of such determination to the owner. Said owner shall, within fifteen (15) days of notice, deliver the dog to the animal control authority which shall refer the case to the municipal court for notice and hearing.
(d) 
If, after notice and hearing as provided by section 5-94, the court finds that the owner of a dangerous dog has failed to comply with the requirements of subsection (a) above, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
The court, on appeal of the animal control authority’s dangerous dog determination under section 5-93(a) or application by any person, including the animal control authority, and upon finding that the owner of a dangerous dog has failed to comply with section 5-93(a), shall set a time for a hearing. The hearing must be held not later than the tenth day after the date on which the dog 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 dog or the person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the county or 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 dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. An owner or person filing the action may appeal the decision of the municipal court in the manner described by Texas Health & Safety Code sec. 822.0424.
(e) 
The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with section 5-93(a) before the 11th day after the date on which the dog is seized or delivered to the animal control authority, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal under Texas Health & Safety Code sec. 822.0424. If, based on the recommendation of the animal control authority, the court determines, either after a hearing or without a hearing, that the owner has complied with section 5-93(a) before the 11th day after the date on which the dog is seized or delivered to the animal control authority, the court shall order the animal control authority to return the dog to the owner.
(f) 
An owner or person filing the action may appeal the decision of the municipal court in the manner described by Texas Health & Safety Code sec. 822.0424. During the appeal period, the dog shall remain in the custody, care and control of the animal control authority. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog’s impoundment fees during the period the case was being appealed.
(g) 
The owner shall pay all costs and or fees assessed by the city related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure and rabies vaccination, and the cost of euthanasia of the dog if ordered by the court.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
The owner of a dangerous dog shall notify the animal control authority within twenty-four (24) hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died or has been sold or given away.
(b) 
If an owner of a registered dangerous dog sells or moves the dog to a new address, that owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. Upon selling or moving the registered dangerous dog, that owner must notify the new owner or person who has care and control of the dog that he or she is keeping or taking ownership of a dog that has been declared dangerous.
(c) 
The owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or other animals.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
It is a defense to prosecution under this article that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or 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 dog; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(b) 
It is a defense to prosecution under this article that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(c) 
It is a defense to prosecution under this article that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this article.
(b) 
It shall be a separate violation of this article for any person to refuse or fail to surrender a dog subject to this article, or harbor, hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment.
(c) 
An offense under this section is punishable by a fine not to exceed two thousand dollars ($2,000.00).
(Ordinance O-19-008, sec. 3, adopted 2/21/19)