The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control authority
means the city animal control office with authority over the area where the dangerous dog is kept.
Dangerous dog
means a dog that:
(1) 
Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Dog
means a domesticated animal that is a member of the canine family.
Owner
means a person who owns or has custody or control of a dog.
Secure enclosure
means a fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures as established by the local animal control authority or animal control officer.
(1988 Code, ch. 2, sec. 6.14; 2010 Code, sec. 8-115)
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with the dangerous dog provisions of this division. An offense under this division is a class C misdemeanor.
(1988 Code, ch. 2, sec. 6.15; 2010 Code, sec. 8-116)
It is a defense to prosecution that the person is:
(1) 
A veterinarian or a person employed by a recognized animal shelter or a person employed by the state or by 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.
(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.
(3) 
A dog trainer or an employee of a guard dog company under the Private Security Act, V.T.C.A., Occupations Code ch. 1702.
(1988 Code, ch. 2, sec. 6.16; 2010 Code, sec. 8-117)
(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 officer;
(2) 
Have a licensed veterinarian insert a microchip device into the animal for identification and present such proof to the animal control officer;
(3) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or restrain the dangerous dog in a secure enclosure;
(4) 
Obtain liability insurance coverage or show financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. Such liability insurance coverage must be provided along with the registration of the dangerous dog to the animal control officer; and
(5) 
Restrain the dangerous dog from all streets, avenues, highways, alleys, sidewalks, parkways, parks and other public places.
(b) 
For the purposes of this division, a person learns that the person is the owner of a dangerous dog when the owner knows of an attack or act described in this division or the owner is informed by the animal control officer that the dog is a dangerous dog.
(c) 
If a person reports an incident described in this division, the animal control officer shall investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, the animal control officer shall notify the owner of the fact.
(d) 
An owner, not later than the 30th 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 officer to a justice or municipal court of competent jurisdiction. An owner may appeal the decision of the justice or municipal court in the same manner as appealed for other civil cases. During such all appeals, the owner of the dog in question must restrain the dog at all times on a leash in the immediate control of a person or restrain the dog in a secure enclosure. Failure to comply with this section during the appeal of the determination of the animal control officer will be grounds for the removal of the dog from the custody and control of the owner for the remainder of the appeal process. All costs associated with the failure of the owner to comply with this section, including impoundment fees and costs for caring for the dog, may be charged against the owner.
(1988 Code, ch. 2, sec. 6.17; 2010 Code, sec. 8-118; Ordinance adopting 2018 Code)
(a) 
The animal control officer shall annually register a dangerous dog if the owner presents proof of:
(1) 
Liability insurance or financial responsibility, as required by this division;
(2) 
Current rabies vaccination of the dangerous dog;
(3) 
The secure enclosure in which the dog will be kept, of a minimum of 100 square feet;
(4) 
A statement with his signature that he will take care of the dog, providing it with meals and ensuring that the secure enclosure is clean and of adequate size to ensure the animal’s well-being;
(5) 
The animal is licensed.
(b) 
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 officer of the new address where the dangerous dog is located. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee as established by the city council and set forth in appendix A of this code, the animal control officer shall issue a new registration tag to be placed on the dangerous dog’s collar, which collar must be worn by the dog at all times.
(c) 
An owner of a registered dangerous dog shall notify the animal control officer of any attacks the dangerous dog makes on people or other animals.
(1988 Code, ch. 2, sec. 6.18; 2010 Code, sec. 8-119)
(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 and the attack causes bodily injury to the other person.
(b) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person qualified under V.T.C.A., Health and Safety Code section 822.004.
(1988 Code, ch. 2, sec. 6.19; 2010 Code, sec. 8-120)