(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 for the area in which the dog is kept;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
(3) 
Obtain liability insurance coverage or show financial responsibility in an amount of $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 for the area in which the dog is kept.
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, the municipal court or other court of competent jurisdiction finds, after notice and hearing as provided by section 2.03.004, that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in an approved facility.
(d) 
The owner shall pay any cost or fee assessed by the town or animal control authority related to the seizure, acceptance, impoundment, or destruction of the dog. The governing body of the town may prescribe the amount of the fees.
(e) 
The court shall order the animal control authority 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 authority. The court shall order the authority 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 authority.
(f) 
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.
(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 definition of a dangerous dog in section 2.01.001;
(2) 
The owner receives notice that the municipal court or other court of competent jurisdiction has found that the dog is a dangerous dog under section 2.03.004; or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog under section 2.03.002.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.301)
(a) 
If a person reports an incident described by the definition of a dangerous dog in section 2.01.001, the animal control authority may investigate the incident. If, after receiving the sworn statement of any witness, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of the fact.
(b) 
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 authority to a justice, county, or municipal court of competent jurisdiction. An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county, or municipal court.
(Ordinance 281-01 adopted 6/19/01; Ordinance 334-03 adopted 11/18/03; 2004 Code, sec. 2.302)
(a) 
Upon the receipt of a sworn affidavit by any person reporting an incident or alleging that a particular dog is dangerous, the animal control authority shall investigate the incident and notify the owner of the dog. Unless the matter is resolved by agreement of all parties, the owner shall deliver the dog to the animal control authority not later than the 5th day after the date on which the owner receives notice that a complaint has been filed in the municipal court. The authority may provide for the impoundment of the dog in an approved facility until the municipal court orders the disposition of the dog.
(b) 
At a minimum, the affidavit shall contain the following information:
(1) 
The name, address and telephone number of the complainant and any alleged witnesses;
(2) 
The date, time and location of the incident;
(3) 
A complete description of the animal, including the breed, color, size, and any other identifying information;
(4) 
If known, the name and address of the animal’s owner or the address of the premises where the animal is kept;
(5) 
A statement describing the circumstances of the animal bite or attack, or of acts by the animal that would make a reasonable person believe that the animal is likely to bite or attack that person; and
(6) 
Any other facts that the complainant believes to be important.
(c) 
If the owner fails to deliver the dog as required by subsection (a), the municipal court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in an approved facility until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(d) 
The municipal court shall determine, after notice and hearing as provided in section 2.03.004, whether the dog is a dangerous dog.
(e) 
The municipal court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in an approved facility until the court orders disposition of the dog under section 2.03.001 and the dog is returned to the owner or destroyed.
(f) 
The owner shall pay a cost or fee assessed under section 2.03.001.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.303)
(a) 
The court, on receiving a report of an incident under section 2.03.003 or on application under section 2.03.001(c), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with section 2.03.001. The hearing must be held not later than the 10th 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 municipal attorney and animal control authority, is entitled to present evidence at the hearing.
(d) 
An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal of cases from the municipal court.
(e) 
No dog shall be declared dangerous if the threat, injury or damage caused by the dog was a result of a willful trespass upon another’s property, or the person injured was tormenting, abusing or assaulting the dog or its owner, or was committing or attempting to commit a crime at the time of injury.
(f) 
If, at the conclusion of the hearing, the dog is found to be not dangerous, the dog shall promptly be returned to the owner provided the dog has a current rabies vaccination.
(g) 
If, at the conclusion of the hearing, the dog is found to be dangerous, the owner shall comply with one or more of the following requirements:
(1) 
Removal of the dangerous dog from the corporate limits of the town;
(2) 
Humane destruction of the dangerous dog; or
(3) 
Comply with section 2.03.001.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.304)
(a) 
An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility as required by section 2.03.001;
(B) 
Current rabies vaccination of the dangerous dog; and
(C) 
The secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration fee as set forth in the fee schedule in appendix A of this code.
(b) 
The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog’s collar.
(c) 
If an owner of a registered dangerous dog sells or moves the dog to a new address, the 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. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee of as set forth in the fee schedule in appendix A of this code, the animal control authority 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.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.305)
(a) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog’s enclosure and causes bodily injury to the other person.
(b) 
A hearing shall be held in accordance with section 2.03.004 of this article. If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.306)
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 2.03.001 of this article.
(Ordinance 281-01 adopted 6/19/01; 2004 Code, sec. 2.307)
(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 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 dog in connection with that position.
(b) 
It is a defense to prosecution under this article that the person is 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.
(c) 
It is a defense to prosecution under this article that the person is a dog trainer or an employee of a guard dog company under chapter 1702, Occupations Code.
(Ordinance 281-01 adopted 6/19/01; Ordinance 334-03 adopted 11/18/03; 2004 Code, sec. 2.308)