(a)
Not later than the 30th day after a person learns that he or she is the owner of a dangerous dog, the person shall:
(1)
Register the dangerous dog with animal control;
(2)
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3)
Muzzle the dog when it is outside the secure enclosure;
(4)
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 causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the city’s animal control officer; and
(5)
Have the dangerous dog spayed or neutered.
(b)
If a person reports an incident described by section 2.01.001 regarding the definition of a “dangerous dog,” the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, he or she shall notify the owner of that fact.
(c)
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 animal control officer to the municipal court. An owner may appeal the decision of the municipal court in the same manner as for other civil cases.
(d)
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog.
(e)
If, on the application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided herein, that the owner has failed to comply with subsection (a) or (d), the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. The animal control officer shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(f)
The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog.
(g)
The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer.
(h)
The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(i)
For purposes of this article, a person learns that the person is an owner of a dangerous dog when:
(1)
The owner knows of an attack described in section 2.01.001 regarding the definition of a “dangerous dog”;
(2)
The owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog after a hearing on the matter; or
(3)
The owner is informed by the animal control officer that the dog is a dangerous dog.
(Ordinance 612 adopted 11/9/10)