City of Nolanville, TX DANGEROUS ANIMALS

Complaint.

If any animal control personnel have reason to believe that an animal poses a significant threat to the public health, safety and welfare, the personnel may file a sworn, written complaint with the animal control officer, specifying:

(1)

The name, address and telephone number, if known, of any witnesses;

(2)

The date, time and location of any incident involving the animal;

(3)

A general description of the animal;

(4)

The name, address and telephone number of the animal’s owner, if known;

(5)

The general facts known to the personnel indicating that the animal is a dangerous animal;

(6)

A description of any vicious propensities exhibited by the animal in the past, if known; and

(7)

Other facts or circumstances relevant to the determination.

(b)

Notice of hearing.

The chief of police or his designee, acting as hearing officer, will set a time and place for a hearing not to exceed 20 days from the time the complaint is received. The hearing officer shall give notice of the hearing to the animal’s owner by personal service or by certified mail, return receipt requested, at least ten days prior to the hearing date.

(c)

Surrender of animal.

The owner shall, within 72 hours of receiving the notice of hearing, surrender possession of the animal to the animal control division or to a veterinarian’s clinic pending final disposition of the complaint. If the owner elects to place the animal at a veterinary clinic, the owner shall within 24 hours of such placement notify the animal control division in writing of the name, address, and phone number of the clinic. If the owner fails to comply with this section, the municipal court shall have the authority to order any animal control personnel to seize the animal, and shall issue a warrant authorizing the seizure. The animal control division shall then seize the animal and shall provide for the impoundment of the animal in secure and humane conditions until the final disposition of the complaint.

(d)

Hearing and order.

The hearing officer shall determine at the hearing if the animal specified in the complaint is a dangerous animal, and shall receive all relevant evidence, including incident reports and affidavits of witnesses. If the hearing officer determines that the animal is a dangerous animal, the hearing officer may order that the animal be destroyed, removed from the city, remain in impound subject to the conditions specified by the hearing officer, or returned to the owner. If the animal is returned to the owner, the officer may impose such conditions at the owner’s expense as may be necessary to protect the public health, safety and welfare, including requiring that:

(1)

The animal shall be properly licensed, fitted with microchip identification, and vaccinated against rabies;

(2)

The animal shall be kept indoors, or in a secure enclosure from which the animal cannot escape, and into which children cannot trespass, subject to periodic inspection and approval by the animal control division;

(3)

The owner immediately notify the animal control division in the event the animal is at large, or has committed an attack on any person or animal, has been sold or otherwise disposed of, or has died;

(4)

The animal shall complete an obedience course approved by animal control personnel;

(5)

The animal shall be spayed or neutered;

(6)

The owner maintains general liability insurance covering property damage and bodily injury caused by the animal, with a combined single limit of $100,000.00 per occurrence, endorsed by the insurance company to notify the animal control division not less than 30 days prior to the effective date of any modification, expiration, termination or nonrenewal of the policy, and provides proof thereof to the animal control division;

(7)

The owner gives written notice of the dangerous animal determination to the local branch of the United States Postal Service, all utility companies which provide services to the premises where the animal is kept, and all persons owning property within a 400-foot radius of such premises, and provides a copy of such notice to the animal control division;

(8)

The owner posts one or more signs on the premises at locations approved by the animal control division stating that a dangerous animal resides on the premises;

(9)

The owner annually registers the animal with the animal control division, and pays the fees established by the city council for such registration;

(10)

The animal be fitted with and wear a tag, collar, vest, or other distinctive marking indicating that the animal is a dangerous animal; and

(11)

The owner complies with such other conditions as the hearing officer may determine are appropriate.

(e)

Appeals.

The owner may appeal the order of the hearing officer to the municipal court judge within five days of the decision. If the municipal court clerk receives written notice of appeal within five days of the decision, the order shall be suspended pending final determination of the municipal court judge; provided that, during the pendency of the appeal, the owner shall keep such animal at the animal shelter or at a veterinarian’s clinic. The municipal court judge shall determine the appeal based upon the substantial evidence received by the hearing officer and may affirm, modify or reverse the decision. A jury shall not be available. The hearing officer shall furnish the municipal court judge with all reports, memoranda and other evidence received at the hearing, as well as a summary of the evidence and his findings.

(Ordinance 2009-10-05 601, sec. 4(A), adopted 10/5/09)

(a)

The owner of a dangerous animal commits an offense if the animal subsequently commits an unprovoked attack on another person or domestic animal that results in physical injury or death, if the attack occurs in a place other than an enclosure in which the animal was being kept by its owner.

(b)

It is a defense to prosecution under subsection (a) of this section that at the time of the offense the person was in the course and scope of acting as:

(1)

A veterinarian, a peace officer, a person employed by a recognized animal shelter, or a 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 animal in connection with that position;

(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 under Texas Occupations Code ch. 1702.

(c)

The owner of an animal commits an offense if the owner fails to surrender an animal as required by this article, or fails to comply with the final order of the hearing officer or municipal court made under this article.

(d)

Upon conviction of an offense under this section, the person shall pay a fine as provided by state law and the court may order the destruction of the animal at the owner’s expense.

(Ordinance 2009-10-05 601, sec. 4(C), adopted 10/5/09; Ordinance adopting Code)