The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are adopted by and incorporated into this chapter.
(Ordinance 03-003 adopted 4/7/03)
(a) 
If the local health authority has cause to believe that a dog is a dangerous dog as defined by this chapter, he may find and declare such dog a dangerous dog.
(b) 
Within three (3) days of declaring a dog dangerous, the local health authority will notify the person owning the dog of its designation as a dangerous dog and provide him a copy of this chapter. The notification to the owner will be provided in person or through certified mail. The local health authority shall also notify the town secretary, fire department, and police department of the designation of any dog as a dangerous dog. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning the dog.
(c) 
The notice shall inform the owner of the dog that he may request, in writing, an appeal of the dangerous dog determination within ten (10) days from the receipt of the certified mail or date of the personal notification of the dangerous dog declaration to contest the finding and designation.
(Ordinance 03-003 adopted 4/7/03)
(a) 
If the owner of a dog that has been determined dangerous by the local health authority elects not to appeal that decision pursuant to Article 2.804 of this chapter, then within thirty (30) days of the expiration of the ten (10) day time period for appeal, the owner shall comply with the requirements listed in this article. If the owner of a dog that has been determined dangerous appeals that decision to the municipal court, then such owner shall comply with the requirements of this article within thirty (30) days after such determination by the municipal court. The requirements of this article that must be met are as follows:
(1) 
register the dangerous dog with the local health authority for the area in which the dog is kept; and
(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 the amount specified by state law to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(b) 
For purposes of this article, a person learns that the person is the owner of a dangerous dog when:
(1) 
the owner knows of an attack described in the definitions set forth in Article 2.100 of this chapter;
(2) 
the owner is informed by the animal control officer that the dog is a dangerous dog; or
(3) 
a determination is made by the municipal court that the animal is a dangerous dog.
(Ordinance 03-003 adopted 4/7/03)
(a) 
Appeals from the local health authority’s determination that a dog is dangerous will be heard by the municipal court. Upon notice of appeal as prescribed in this article, the municipal court will hear the case at the next trial setting after the request for appeal.
(b) 
The appeal is a civil proceeding for the purpose of affirming or reversing the animal control officer’s determination of dangerousness. If the dog has been impounded, the municipal court judge may waive any and all fees associated with the impoundment and release the dog to its owner upon reversal of the local health authority’s determination.
(Ordinance 03-003 adopted 4/7/03)