For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Animal.
A warm-blooded domesticated animal, including but not limited to dogs.
Animal attack.
An incident in which any dog, or other animal, without provocation, attacks a person on or about the premises where the animal resides or while under the direct physical control of the owner or handler, or in which any dog, while at large, shall attack or threaten to attack a person or shall attack an animal. An animal attack shall be an offense under this chapter.
Animal control officer.
The officer or office of the village primarily responsible for the enforcement of regulations regarding animals covered under this chapter, including but not limited to a law enforcement officer or other individual or entity of the village or under contract or license to the village.
Animal shelter.
A facility designated by the village to be used for the impoundment of animals taken by animal control officers or other authorized individuals or entities of the village or under contract or license to the village.
At large.
A dog that is off the premises of the owner and not under the direct physical control of the owner or handler. The wearing of a muzzle by a dog shall not be regarded as control under this definition.
Direct physical control.
Either control by leash, cord, chain, or other similar means of physical restraint of maximum length of six (6) feet (when an animal is off the premises of its owner) or within an enclosure adequately constructed and maintained to insure continuous physical restraint.
Dog.
A male, female, or neutered member of the family canine, including but not limited to a domesticated dog, a wolf, jackal, fox, or other animal in that family.
Governmental entity.
An agency or political subdivision of the state, including but not limited to a municipality, special district, county, or other agency or political subdivision of the state.
Negligence.
Failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.
Ordinary care.
The degree of care that would be used by a person of ordinary prudence under the same or similar circumstances.
Owner.
Any person, government or governmental entity, agency, corporation, partnership, trust, association, or other legal entity having title to any animal, or person who has, keeps, causes, or permits to be harbored or be kept an animal in his care, custody, or control.
Premises.
Real estate, whether improved or not.
Rabies.
An acute viral disease of man and animals affecting the central nervous system and usually transmitted by an animal bite.
Veterinarian.
A doctor of veterinary medicine who holds a valid license to practice the profession in the state.
Vicious dog.
Any dog defined herein which, without provocation, has on at least one prior occasion attacked or attempted to attack a person or animal who lawfully had the right to be where they were at the time of the attack or attempted attack; or any animal, with or without provocation, which, on at least one prior occasion, has attacked another animal or person.
Village.
The Village of Briarcliff, an incorporated municipality located in Travis County, Texas, and any of its designated representatives, whether directly employed by the village or under contract to the village, including but not limited to an animal control officer, a law enforcement officer, a peace officer in the state, or any other individual or entity as may from time to time be designated by the village.
(Ordinance 04-28-99-01, sec. 1, adopted 4/28/99; Ordinance adopting Code; Ordinance 03-26-03-02, sec. 1, adopted 3/26/03)
(a) 
Any person found guilty by the municipal court of the village of permitting a nuisance to exist as defined in section 2.01.005 of this chapter shall be punished by a fine according to the following schedule:
(1) 
For a first violation, a fine of not less than $1.00 nor more than $200.00, plus any court costs, fees, or other costs and expenses related to the prosecution of a violation of this chapter, shall be assessed by the municipal court.
(2) 
For a second violation, a fine of not less than $50.00 nor more than $200.00, plus any court costs, fees, or other costs and expenses related to the prosecution of a violation of this chapter, shall be assessed by the municipal court.
(3) 
For three or more violations, a fine of not less than $100.00 nor more than $200.00, plus any court costs, fees, or other costs and expenses related to the prosecution of a violation of this chapter, shall be assessed by the municipal court.
(b) 
Any subsequent findings of guilt by the municipal court for permitting a nuisance beyond the third violation as defined above and in section 2.01.005 of this chapter shall be punishable by a fine as provided in section 1.01.009 of this code, plus any other reasonable and necessary costs or expenses related to the prosecution of a violation of this chapter, for each conviction and banishment, as set out in section 2.01.004(a).
(c) 
In addition, the violation of any provision of this chapter, except as provided by subsection (a) or (b) of this section, by the owner of any dog shall, upon proof of such violation, be punishable by a fine in the municipal court of the village as provided in section 1.01.009 of this code, plus any other reasonable and necessary costs or expenses related to the prosecution of a violation of this chapter, per offense. Each animal and each incident shall be considered a separate offense.
(d) 
Such fines as herein set out shall be cumulative of, and not in lieu of, any other remedies which may exist at law or in equity.
(Ordinance 04-28-99-01, sec. 5, adopted 4/28/99 Ordinance adopting Code; Ordinance 01-25-06-03, sec. 2, adopted 1/25/06)
Unless specifically provided herein, an offense under this chapter shall not require a culpable mental state. It is the intent of this chapter to impose strict liability for a violation of this chapter, and a specific culpable mental state is not required. Proof that an animal or dog was found at large in violation of this chapter, together with proof that the defendant is the owner of such animal or dog at the time, shall constitute prima facie evidence that the defendant allowed or permitted the animal or dog to be at large.
(Ordinance 03-26-03-02, sec. 1, adopted 3/26/03)
(a) 
No person shall keep, maintain, or harbor within the incorporated limits of the village any dog that has been the subject of three or more final convictions of the offenses as defined herein.
(b) 
Upon discovery of an at-large dog in violation of this section, that dog may be impounded by a designee of the village and delivered to the Austin/Travis County Humane Society, Travis County, Texas, subject to the terms of disposition of impounded animals as set out under the Code of the City of Austin, Travis County, Texas.
(Ordinance 04-28-99-01, sec. 4, adopted 4/28/99)
Any and all of the following conditions occurring within the incorporated limits of the village are hereby specifically declared to be nuisances dangerous to the public health, and constitute violations of this chapter:
(1) 
Unvaccinated dogs.
It shall be unlawful for any person to own, keep or harbor within the incorporated limits of the village a dog over four (4) months of age that has not been vaccinated against rabies within the preceding twelve months by a veterinarian.
(2) 
Failure to restrain dog.
Except when a dog is under the direct physical control of the owner or handler, it shall be unlawful for such owner to fail to keep such animal physically restrained from leaving the premises of such owner.
(3) 
Allowing dog to run at large.
It shall be unlawful for any person to permit a dog to run at large. Every owner of a dog and every person having charge, care, custody, or control of a dog shall restrain such animal from running at large.
(4) 
Female dogs in heat prohibited in public places.
It shall be unlawful for the owner of or handler of any unspayed female dog to allow the same to be in or about any public house or public place in the village while in heat.
(5) 
Control of vicious dogs.
It shall be unlawful for the owner of any vicious dog to permit it to be without direct physical control at all times.
(6) 
Noisy dogs.
It shall be unlawful for any person to keep or harbor any dog which makes frequent or long-continued noise, including barking, which is disturbing to persons in the vicinity where such noise is made or caused to be made.
(7) 
Dogs defecating on property of another.
It shall be unlawful for any owner or handler to permit a dog to defecate upon improved property not owned or controlled by the owner or handler unless such person promptly removes such waste.
(8) 
Animal attacks.
An owner or handler of a dog which commits an animal attack shall be liable for the actions of such animal under this chapter if the owner's or handler's negligence, through his or her acts or omissions, proximately caused the circumstances under which the animal attack occurred.
(Ordinance 04-28-99-01, sec. 2, adopted 4/28/99)