Any dangerous animal found running at large and endangering the safety of persons or property may be destroyed by the local health authority or any peace officer or animal control officer in the interest of public safety if such danger is imminent and a real or apparent necessity exists to destroy such dangerous animal.
(Ordinance 100331, art. IV, sec. 22, adopted 5/4/10)
A dangerous animal may be impounded in the interest of public safety. If an attempt is made to impound a dangerous animal from the premises of the owner and the impoundment cannot be made with safety, the owner will be given 24 hours’ notice that, if the dangerous animal is not surrendered to animal control for impoundment within the 24-hour period, then the dangerous animal will be destroyed wherever it is found. After such notice, the dangerous animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premises where the vicious animal is harbored will be considered valid notice under this article.
(Ordinance 100331, art. IV, sec. 23, adopted 5/4/10)
(a) 
Complaint.
Upon receipt of a written complaint by any person, animal control officer, or other law enforcement officer charging that a particular animal is a dangerous animal, the animal control officer or designee shall initiate proceedings with the municipal court to conduct a hearing to formally determine whether such animal is a dangerous animal, unless the matter is resolved by agreement of all parties prior to such hearing. Such written complaint shall contain at least the following information:
(1) 
Name, address and telephone number of complainants and witnesses;
(2) 
A brief description of the incident or incidents which cause the complainant to believe such animal is a dangerous animal, including date, time and location;
(3) 
A description of the animal and the name, address and telephone number of the owner of the animal, if known; and
(4) 
Any other facts that the complainant believes to be important.
(b) 
Hearing.
A hearing to determine if an animal is a dangerous animal shall be conducted within fifteen (15) days after receipt of the complaint, seizure or impoundment of the animal, whichever occurs later, unless continued for good cause. Any animal awaiting such hearing which was impounded for being at large, was at large when the incident that caused the dangerous animal complaint to be filed occurred, or which has bitten or caused injury to any person or domesticated animal, shall be boarded at the owner’s expense at the animal shelter or any other state-approved quarantine facility pending the outcome of the hearing and determination of whether such animal is a dangerous animal.
(c) 
Basis for determination.
A determination that an animal is a dangerous animal shall be based on the following:
(1) 
An animal is automatically determined to be a dangerous animal if it commits acts as defined in the definition of the term “dangerous animal” found in section 3.01.001; or
(2) 
The owner of an animal determined to be dangerous under this chapter cannot or will not comply with the requirements set out in this chapter for keeping of a dangerous animal.
(d) 
Unlawful release of animal by impoundment facility.
If the animal is impounded or quarantined at a facility other than the animal shelter, the facility shall be found to be in violation of this chapter if the animal is released to any person, lost, stolen, or otherwise not able to be accounted for, unless the facility first obtains written permission from animal control to release the animal.
(e) 
Notice of hearing.
(1) 
Notice of hearing shall be provided by the animal control officer or designee to the owner of the animal or by the clerk of the municipal court. Notice shall be delivered to the owner by certified mail, return receipt requested, and to the owner and the complainant by regular mail. At the hearing, all parties shall be given an opportunity to present evidence on the issue of whether the animal is dangerous.
(2) 
If on application by the animal control authority to the municipal court, the owner of a dangerous animal has failed to comply with the requirements for owners of dangerous animals, the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure.
(f) 
Determination by court.
The court may order an animal impounded and destroyed if an owner of a dangerous animal is found guilty of the following offense(s):
(1) 
The dangerous animal has made an unprovoked attack on a person outside the animal’s secure enclosure and the attack has caused bodily injury to the person; or
(2) 
The dangerous animal has made an unprovoked attack on a domesticated animal while said animal was at large and the attack caused bodily injury or death to the domesticated animal.
(g) 
Resolution upon determination by court.
Upon conclusion of a hearing to determine if the animal is a dangerous animal, if the municipal court finds that the animal is not dangerous it shall be promptly returned to its owner’s custody after all impound and board fees have been paid. If the court finds that the animal is a dangerous animal the court shall order that the owner comply with one or more of the following requirements:
(1) 
Removal of dangerous animal from city.
Removal of the dangerous animal from within the city limits. In which case, the owner must provide, in writing, the destination address of where the animal is to reside and proof that the owner has alerted the agency responsible for animal services in that area to animal control prior to the animal being released from the animal shelter;
(2) 
Destruction of dangerous animal.
Humane euthanasia of the dangerous animal; or
(3) 
Conditions for release of dangerous animal to owner.
Registration and compliance with all of the following requirements, at the owner’s expense, before the dangerous animal is released from the animal shelter or other state-approved quarantine facility:
(A) 
Liability insurance.
Obtaining liability insurance coverage or showing 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 animal causing bodily injury to a person or for damages to any person’s property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with animal control;
(B) 
Registration of animal.
Registering with the city by providing the name and address of the owner; the breed, age, sex, color and any other identifying marks of the animal; the location where the animal is to be kept if it is not at the address of the owner; and two (2) color photographs that clearly identify the dangerous animal;
(C) 
Sterilization of animal.
Having the animal sterilized;
(D) 
Secure enclosure requirements.
Constructing a cage, pen or enclosure for the dangerous animal that has secure sides, a secure top attached to the sides, and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. The pen or enclosure must be completely encircled by a fence constructed in such a manner as to prevent a person or child from being able to reach the animal’s pen or enclosure;
(E) 
Restrictions when animal is outside enclosure.
Not allowing the dangerous animal to go outside of its cage, pen or enclosure unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be tethered or otherwise leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;
(F) 
Sign requirement.
Posting signs giving notice of a dangerous animal in the area or on the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two (2) inches high, stating “DANGEROUS ANIMAL ON PREMISES.” Such signs shall also display a symbol that is understandable by small children, that warns of the presence of a dangerous animal;
(G) 
Collar and tag requirements.
Providing the dangerous animal with a fluorescent yellow collar visible at fifty (50) feet in normal daylight and attaching a fluorescent orange tag provided by animal control to the collar that is worn at all times so that the animal can be easily identified;
(H) 
Microchip requirement.
Implanting a microchip into the dangerous animal and registering it for life with the city’s animal control and a recognized national registry; and
(I) 
Payment of permit fee.
Paying the appropriate dangerous animal permit fee annually.
(h) 
Impoundment upon determination of animal being dangerous animal.
Any animal that is deemed a dangerous animal that was not previously impounded or otherwise in possession of the animal shelter or any other state-approved quarantine facility shall immediately be impounded and boarded at the owner’s expense until such time as the owner complies with all of the required conditions as set forth by the court’s ruling. The dangerous animal shall be held at the owner’s expense pending the outcome of any appeal. It shall be a violation of this section for the owner to refuse to turn over the animal as required and for the purposes of enforcement each day for each animal in question shall be considered a separate offense.
(i) 
Time period for owner compliance.
The owner shall have fifteen (15) days from the declaration of the animal as dangerous to comply with all of the required conditions as set forth by this chapter. If the owner fails to meet all of the requirements, the animal may be humanely euthanized on the sixteenth (16th) day by an animal control officer or a licensed veterinarian.
(j) 
Subsequent escape or attack by dangerous animal.
In the event that a registered dangerous animal escapes its cage, pen or enclosure or attacks a human being or another animal, the owner of the dangerous animal shall immediately notify animal control. For the purposes of this chapter, immediately shall mean within thirty (30) minutes of the owner becoming aware of the escape or attacks.
(k) 
Requirements upon death of dangerous animal.
In the event that a registered dangerous animal dies, the owner must present the body of the animal to animal control or a licensed veterinarian for verification by microchip identification before disposal of its body.
(l) 
Transfer of ownership of dangerous animal.
Prior to transferring ownership in any way or moving a registered dangerous animal, either inside or outside the city limits, the owner must obtain, in writing, permission from animal control to transfer ownership or move the animal. If ownership of the animal is being transferred, the new owner will be required to comply with all provisions of this chapter before the animal can be moved from the previous owner’s custody. If the animal is being moved from the city limits, the owner must provide, in writing, to animal control, the destination address of where the animal is to be moved to and proof that the owner has alerted the agency responsible for animal services in that area.
(m) 
Violation of court order; seizure or impoundment of animal already declared dangerous.
In the event that any owner of an animal declared to be dangerous violates any part of the municipal court’s order, the animal may be immediately seized and impounded by an animal control officer. In addition, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal. Any animal already declared to be dangerous which is impounded due to any violation of this chapter or seized for causing injury to a human being or another animal shall immediately become the property of the city and shall not continue to be a registered dangerous animal.
(n) 
Offenses.
An owner of a dangerous animal commits an offense and will be charged with a misdemeanor if:
(1) 
An owner’s dangerous animal makes an unprovoked attack on a person or a domesticated animal outside the animal’s secure enclosure, and causes bodily injury to the person or domesticated animal while at large;
(2) 
An owner does not keep the owner’s dangerous animal in a secure enclosure or comply with insurance requirements;
(3) 
An owner does not register the owner’s dangerous animal;
(4) 
An owner does not notify animal control when the owner’s dangerous animal is given away or sold;
(5) 
An owner does not register the dangerous animal when under new ownership;
(6) 
An owner is a new resident and does not register the owner’s dangerous animal;
(7) 
An owner does not notify the animal control officer, or designee, regarding attacks by owner’s dangerous animal;
(8) 
An owner sells or gives away the owner’s dangerous animal and does not inform the new owner that the animal is a dangerous animal;
(9) 
An owner does not attach the dangerous animal tag on the owner’s dangerous animal.
(o) 
Consequences of violation by owner.
If an owner of a dangerous animal is found guilty of an offense under this section, the animal control officer or his designee may order the dangerous animal be humanely euthanized by an animal control officer or a licensed veterinarian.
(p) 
Exceptions to determination that animal is dangerous.
No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another’s property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury.
(q) 
Appeal from municipal court order to county court.
Orders of the municipal court pertaining to dangerous animals may be appealed to the county court of Collin County by filing a written notice of appeal within ten (10) days with the municipal court clerk. During the pendency of such appeal, order(s) of the municipal court pertaining to the dangerous animal shall be suspended, and the animal shall remain impounded at the owner’s expense at the animal shelter or other state-approved quarantine facility for observation. If a proper appeal is not timely filed and perfected, the municipal court’s order shall then become final. If the animal in question is not in the possession of animal control or other state-approved facility at the time of the determination, the owner must surrender the animal to animal control when ordered to do so by any animal control officer or police officer. If the owner fails to surrender the animal, animal control shall have the right to take the animal into its possession from the premises of the owner or elsewhere, wherever the animal may be found within the city limits. If the animal cannot be taken into custody by the animal control division, it may be taken into custody under a search and seizure warrant issued by the municipal judge.
(r) 
Refusing inspection.
It shall be a violation for any owner of a dangerous animal to refuse, upon request by the animal control authority, to make his/her animal(s), premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.
(s) 
Effect of prior determination by other jurisdiction.
An animal that has been determined to be dangerous by another jurisdiction must be registered as a dangerous animal with animal control no later than fourteen (14) days after the animal has been brought into the city and kept at all times in a secure enclosure.
(t) 
Authorization for search and seizure warrant.
Animal control shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.
(Ordinance 100331, art. IV, sec. 24, adopted 5/4/10; Ordinance adopting Code)
(a) 
Time limit for compliance.
An owner must comply with all dangerous animal requirements no later than ten (10) days after being notified that the animal has been determined to be a dangerous animal, regardless as to whether a case is under appeal. A ten (10) day written extension may be granted if additional time is needed to come into compliance.
(b) 
Registration.
A dangerous animal must be registered as a dangerous animal with the animal control division.
(c) 
Secure enclosure.
A dangerous animal must be restrained at all times in a secure enclosure and must identify as such.
(d) 
Insurance.
An owner of a dangerous animal must acquire one hundred thousand dollars ($100,000.00) in liability insurance specifically for the purpose of covering damages resulting from attacks by the dangerous animal.
(e) 
Requirements when animal is outside enclosure.
When the dangerous animal is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six (6) feet in length and be under the direct control or supervision of its owner.
(Ordinance 100331, art. IV, sec. 25, adopted 5/4/10)
(a) 
Each year, the owner of a dangerous animal shall:
(1) 
Present proof of the required liability insurance;
(2) 
Present proof of current rabies vaccination;
(3) 
Present proof and receive approval from the animal control officer, or designee, that the dangerous animal’s enclosure is secure; and
(4) 
Pay a registration fee and allow ACO to inspect the property enclosure.
(b) 
Animal control shall:
(1) 
Issue a dangerous animal tag to the owner; and
(2) 
Engrave the current year of the registration on the tag.
(c) 
The tag must be worn by the animal at all times.
(d) 
A dangerous dog registration may not be transferred to a new owner.
(Ordinance 100331, art. IV, sec. 26, adopted 5/4/10; Ordinance adopting Code)
(a) 
Prohibited; exceptions.
It shall be unlawful to keep any wild animal within the city limits, with the following exceptions:
(1) 
If a person and his or her facility housing such wild animal(s) has complied with all applicable federal, state, and local laws and regulations, including, but not limited to, the acquisition and retention of all applicable permits, prior to final adoption of this chapter, said person may retain dangerous wild animals(s) in the above-described facility in compliance with all federal, state and local laws, including but not limited to chapter 822 of the Texas Health and Safety Code, as amended;
(2) 
A governmental agency or entity acting in an official capacity;
(3) 
A government-operated zoological park;
(4) 
A permitted wildlife educational center, or animal exhibitions with valid state or federal permits; or
(5) 
A holder [owner] of an animal dealer or animal establishment with a wild animal permit. The possessor of any dangerous wild animal shall have all applicable state and federal permits to possess the species in question.
(b) 
Application.
Animal establishments or animal dealers who hold a (dangerous) wild animals permit shall make written application to animal control to permanently keep each dangerous wild animal in their possession. The application must include the species and location of the animal, at least two pictures that clearly identify the wild animal, and proof that the establishment, center, or person is in possession of the necessary state and federal permit(s) to possess such species.
(Ordinance 100331, art. IV, sec. 27, adopted 5/4/10; Ordinance adopting Code)
(a) 
It shall be a violation for any person to sell, offer to sell, give away, offer to give away, or otherwise transfer or attempt to transfer ownership of a wild animal, unless specifically allowed by some other provision of this chapter. Any person who finds a wild animal that is at large must immediately notify an animal control officer. This section shall not be interpreted to restrict a person from giving ill, injured, or orphaned wildlife to a state or federally licensed wildlife rehabilitator or to a permitted wildlife educational center.
(b) 
For the purposes of this chapter, animal control shall make the determination of whether any animal in question is a pet animal or a wild animal. In addition, for the purposes of this chapter, “immediately” shall mean within thirty (30) minutes of the person finding that a wild animal is at large.
(Ordinance 100331, art. IV, sec. 28, adopted 5/4/10)