(a) 
Report.
Any person may report to the animal control officer any instance in which a dog makes an unprovoked attack on a person that causes bodily injury and occurs 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; or, commits an unprovoked act 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 that act causes a person to reasonably believe that the dog will attack and cause bodily injury.
(b) 
Investigation.
The animal control officer shall investigate any report under subsection 3-51(a) of this chapter, and such investigation shall include receiving the sworn statements of any witnesses to the incident provided in the report.
(c) 
Determination.
Based on the investigation of the incident provided in the report, including any sworn statement of any witness, the animal control officer may determine that the dog that is the subject of the report is a dangerous dog.
(d) 
Written notification of determination.
The animal control authority shall provide written notification of the determination to the owner of the dog that is the subject of the report.
(e) 
Appeal.
Not later than the fifteenth (15th) day after the date the owner is notified that a dog owned by the owner is a dangerous dog, the owner may appeal the determination of the animal control officer to a justice, county, or municipal court of competent jurisdiction by filing a notice of appeal of the animal control officer’s dangerous dog determination with the court; attaching a copy of the determination from the animal control officer; and, serving a copy of the notice of appeal on the animal control officer by mailing the notice through the United States Postal Service.
(Ordinance 481 adopted 11/3/21)
Not later than the thirtieth (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 officer in accordance with this chapter for a fee of two hundred fifty [dollars] ($250.00);
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure in accordance with this chapter;
(3) 
Obtain 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 officer; and
(4) 
Comply with all other applicable municipal and county regulations, requirements, and restrictions on dangerous dogs, including this chapter.
(Ordinance 481 adopted 11/3/21)
(a) 
The owner of a dangerous dog who does not comply with this chapter shall deliver the dangerous dog to the animal control officer not later than the thirtieth (30th) day after the owner learns that the dog is a dangerous dog.
(b) 
If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by Section 822.0423 of the Texas Health and Safety Code, that the owner of a dangerous dog has failed to comply with this chapter, then 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.
(c) 
The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog. The city council may prescribe the amount of the fees.
(d) 
The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with this chapter before the eleventh (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 this chapter before the eleventh (11th) day after the date on which the dog is seized or delivered to the animal control officer.
(e) 
Notwithstanding any other law or local regulation: any order to destroy a dog is stayed for a period of ten (10) calendar days from the date the order is issued, during which period the dog’s owner may file a notice of appeal; and, a court, including a justice court, may not order the destruction of a dog during the pendency of such appeal under Section 822.0424 of the Texas Health and Safety Code.
(f) 
The court may order the humane destruction of a dog if the owner of the dog has not been located before the fifteenth (15th) day after the seizure and impoundment of the dog.
(g) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in the report provided in this chapter;
(2) 
The owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog; or
(3) 
The owner is informed by the animal control officer that the dog has been determined to be a dangerous dog.
(Ordinance 481 adopted 11/3/21)
(a) 
The animal control officer shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility, as required in this chapter;
(B) 
Notification of property owners within two hundred (200) feet of property on which the secure enclosure of the dangerous dog is kept;
(C) 
Current rabies vaccination of the dangerous dog;
(D) 
Microchipping of the dangerous dog;
(E) 
Registration with the national registry of dangerous dogs; and
(F) 
The existence of the secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration renewal fee of fifty dollars ($50.00).
(b) 
The animal control officer shall provide to the owner registering a dangerous dog a red, city-issued “dangerous dog” registration tag. The owner must place the tag on the dog’s collar and the tag must be worn by the dog at all times. The tag shall be renewed annually.
(c) 
If an owner of a registered dangerous dog sells or moves the dog to a new address in the city, the owner, not later than the third (3rd) day after the date of the sale or move, shall notify the animal control officer. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee of twenty-five dollars ($25.00), the animal control officer shall issue a new registration tag to be placed on the dangerous dog’s collar.
(d) 
An 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.
(e) 
The secure enclosure keeping the dangerous dog shall be inspected by the animal control officer two (2) times each year.
(f) 
The secure enclosure shall have a sign attached to it that clearly states “beware dangerous dog.”
(g) 
When not in its secure enclosure, the dangerous dog shall be at all times on a leash in the immediate control of a person, with such leash being no longer than six (6) feet in length with a tensile strength of at least one thousand (1,000) pounds.
(h) 
When not in its secure enclosure, the dangerous dog must be secured with a muzzle that will prevent the dangerous dog from biting any person or animal. Such muzzle shall not cause injury to the dangerous dog or interfere with its vision or respiration.
(i) 
The owner of a dangerous dog must notify the animal control officer if the dangerous dog is loose or stolen, or if the dangerous dog is attacked by another animal.
(j) 
No dangerous dog shall be allowed within five hundred (500) feet of a school, daycare, or public park.
(Ordinance 481 adopted 11/3/21)