Any dangerous animal found running at large and endangering the safety of persons or property may be destroyed by the local health authority, any peace officer, or an 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.
(2006 Code, sec. 14-45; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
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 the animal control Division 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.
(2006 Code, sec. 14-46; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
Determination by animal control officer.
An animal control officer shall make a determination that an animal is a dangerous animal if the animal control officer finds that an animal commits an act or acts identified, found or set out in the definition of the term “dangerous animal” found in section 4.01.001 of this chapter.
(b) 
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 owner’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.
(c) 
Effect of determination by animal control officer–Disposition of animal determined to be dangerous animal.
If an animal control officer determines that the animal is a dangerous animal, the animal control officer shall make a disposition determination and issue an order based on the necessity to preserve the public health, safety and welfare of the community. This determination shall be one of the following:
(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 the animal control supervisor prior to the animal being released from the animal shelter;
(2) 
Destruction of dangerous animal.
Humane euthanasia of the dangerous animal; or
(3) 
Release of dangerous animal to owner under certain conditions.
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.
Owner obtaining liability insurance coverage or showing financial responsibility in an amount of at least $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 the animal control supervisor;
(B) 
Registration of dangerous 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 dangerous animal.
Having the animal sterilized;
(D) 
Secure enclosure requirements for dangerous animal.
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 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 concerning dangerous animal.
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., in violation of state law. 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 for dangerous animal.
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 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 for dangerous animal.
Providing the dangerous animal with a fluorescent yellow collar visible at 50 feet in normal daylight and attaching a fluorescent orange tag provided by the animal control division to the collar that is worn at all times so that the animal can be easily identified;
(H) 
Microchip requirements for dangerous animal.
Implanting a microchip into the dangerous animal and registering it for life with the city’s animal control division and a recognized national registry; and
(I) 
Payment of dangerous animal permit fee.
Paying the applicable dangerous animal permit fee annually.
(d) 
Same–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 above. 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.
(e) 
Same–Time period for owner compliance.
The owner shall have 15 days from the determination of the animal as a dangerous animal 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 dangerous animal may be humanely euthanized on the 16th day by an animal control officer or a licensed veterinarian.
(f) 
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 the animal control division. For the purposes of this chapter, immediately shall mean within 30 minutes of the owner becoming aware of the escape or any attack(s).
(g) 
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 the animal control division or a licensed veterinarian for verification by microchip identification before disposal of its body.
(h) 
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 the animal control supervisor 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 removed from the city limits, the owner must provide, in writing, to the animal control supervisor, 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.
(i) 
Violation of animal control officer’s order.
In the event that any owner of an animal declared to be dangerous violates any part of an animal control officer’s order, the dangerous animal may be immediately seized and impounded by an animal control officer. Additionally, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal.
(j) 
Appeal of order or determination of animal control officer to municipal court.
An order and/or determination issued by an animal control officer may be appealed to the municipal court of the city by filing a written notice of appeal within ten days with the municipal court clerk. The municipal court shall conduct a hearing to formally review any order and/or determination pertaining to the dangerous animal unless the matter is resolved by agreement of all parties prior to such hearing. If an appeal is not timely filed, an animal control officer’s order and/or determination shall then become final.
(k) 
Animal to remain impounded during pendency of appeal.
During the pendency of such appeal, any and all order(s) of an animal control officer pertaining to the dangerous animal shall be suspended, and the dangerous animal shall remain impounded at the owner’s expense at the animal shelter or other state-approved quarantine facility for observation. If the animal in question is not in the possession of the animal control division or other state-approved facility at the time of the determination, the owner must surrender the animal to the animal control division when ordered to do so by any animal control officer or police officer. If the owner fails to surrender the animal, the animal control division 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.
(l) 
Refusing inspection after determination by animal control officer.
It shall be a violation for any owner of an animal determined by an animal control officer to be a dangerous animal to refuse, upon request by an animal control officer, 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.
(m) 
Authorization for search and seizure warrant.
If the dangerous animal cannot be taken into custody by an animal control officer, or if there is reason to believe that any requirements of this section are being violated, the dangerous animal may be taken into custody by an animal control officer under a search and seizure warrant issued by the municipal judge.
(n) 
Municipal court hearing.
A hearing on appeal to the municipal court shall be conducted within 15 days after the filing of the appeal to review the order and/or determination by the animal control division, unless continued for good cause. Any animal awaiting such hearing which was impounded for being at large, was at large when the incident giving rise to the determination by an animal control officer occurred, or which has bitten or caused injury to any person or animal, shall be boarded at the owner’s expense at the animal shelter or any other state-approved quarantine facility pending the outcome of an appeal as to whether such animal is a dangerous animal.
(o) 
Notice of hearing.
Notice of hearing shall be provided by the municipal court to the owner of the dangerous animal. Notice shall be delivered to the owner by certified mail, return receipt requested, and also to the owner and to the animal control division by regular mail.
(p) 
Determination by municipal court.
The municipal court shall make a determination that the animal is a dangerous animal if the court finds that the animal committed an act or acts identified, found or set out in the definition of the term “dangerous animal” found in section 4.01.001 of this article. The owner shall have the burden of proof, and the rules of evidence shall not apply.
(q) 
Effect of determination by municipal court–Disposition of animal determined to be dangerous animal.
If the municipal court upholds the order and/or determination of an animal control officer that the animal is a dangerous animal, the court shall issue an order based on the necessity to preserve the public health, safety and welfare of the community. This order and/or determination shall be one of the following:
(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 the animal control supervisor prior to the animal being released from the animal shelter;
(2) 
Destruction of dangerous animal.
Humane euthanasia of the dangerous animal; or
(3) 
Release of dangerous animal to owner under certain conditions.
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. The conditions for release of the dangerous animal to owner shall include all of the conditions enumerated and identified above in subsection (c)(3) of this section.
(r) 
Same–Impoundment upon determination of animal being dangerous animal.
Any animal that is determined by the court to be a dangerous animal that is not already impounded or otherwise in the 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 above. 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.
(s) 
Same–Time period for owner compliance.
The owner shall have fifteen (15) days from the determination by the court that the animal is a dangerous animal to comply with all of the required conditions as set forth by this chapter. If the owner fails to meet any or all of the requirements, the dangerous animal may be humanely euthanized on the 16th day by an animal control officer or a licensed veterinarian.
(t) 
Violation of municipal court order.
In the event that any owner of an animal declared to be a dangerous animal violates any part of the municipal court’s order, the dangerous animal may be immediately seized and impounded by an animal control officer pending further order and/or determination by the municipal court. Additionally, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal.
(u) 
Reversal of order or determination of animal control division.
If the municipal court reverses the order and/or determination of the animal control division, the animal in question shall be released to its owner, provided that the owner reimburses any shelter fees or veterinary expenses while such animal was in custody of the animal control division.
(v) 
Appeal from municipal court to county court.
Orders of the municipal court pertaining to dangerous animals may be appealed to a county court by filing a written notice of appeal with the municipal court clerk within ten (10) days of the determination by the municipal court. 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 the animal control division or other state-approved facility at the time of the determination, the owner must surrender the animal to an animal control officer when ordered to do so by any animal control officer or police officer. If the owner fails to surrender the animal, an animal control officer 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.
(w) 
Refusing inspection after determination by lawful authority.
It shall be a violation for any owner of an animal determined by an animal control officer, or other lawful authority, to be a dangerous animal, to refuse, upon request by an animal control officer, 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.
(x) 
Authorization for search and seizure warrant.
If the dangerous animal cannot be taken into custody by an animal control officer, or if there is reason to believe that any requirements of this section are being violated, the dangerous animal may be taken into custody by an animal control officer under a search and seizure warrant issued by the municipal judge.
(y) 
Unlawful release from impoundment or quarantine 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 the animal control supervisor to release the animal.
(2006 Code, sec. 14-47; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
An owner must comply with all dangerous animal requirements no later than ten 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 30-day written extension may be granted if additional time is needed to come into compliance.
(b) 
A dangerous animal must be registered as a dangerous animal with the animal control division.
(c) 
A dangerous animal must be restrained at all times in a secure enclosure.
(d) 
An owner of a dangerous animal must acquire $100,000.00 in liability insurance specifically for the purpose of covering damages resulting from attacks by the dangerous animal.
(e) 
When the dangerous animal is taken outside the approved proper secure 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 feet in length and be under the direct control or supervision of its owner.
(2006 Code, sec. 14-48; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
Requirements.
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 supervisor, or designee, that the dangerous animal’s enclosure is secure; and
(4) 
Pay a registration fee in accordance with the adopted fee schedule in appendix A of this code.
(b) 
Issuance of tag.
The animal control division shall:
(1) 
Issue a dangerous animal tag to the owner; and
(2) 
Engrave the current year of the registration on the tag.
(c) 
Wearing of tag.
The tag must be worn by the animal at all times.
(d) 
Notification of transfer of ownership.
Upon selling or giving away the dangerous animal, the owner shall notify the animal control division of the name and address of the new owner of the dangerous animal not later than ten days after the date of sale or gift.
(e) 
Time limit for registration by new owner.
If the new owner resides in the city, the owner shall register the dangerous animal with animal control division no later than 14 days after obtaining the dangerous animal.
(f) 
Requirements for registration by new owner or new resident.
The animal control division will re-register the dangerous animal with a new owner or a new resident if:
(1) 
Proof of liability insurance is presented;
(2) 
Satisfactory proof is presented that the dangerous animal’s enclosure is secure;
(3) 
The dangerous animal’s unexpired dangerous-animal tag is relinquished to the animal control division; and
(4) 
The owner pays a registration fee in accordance with the adopted fee schedule in appendix A of this code.
(g) 
Notification to other jurisdiction of relocation.
The animal control supervisor or designee shall notify the animal control division for such other jurisdiction when notified that a dangerous animal is relocating to another jurisdiction.
(h) 
Recognition and effect of prior determination by another jurisdiction.
An animal that has been determined to be dangerous by another jurisdiction must be registered as a dangerous animal with the animal control division no later than fourteen (14) days after the animal has been brought into the city and kept at all times in a secure enclosure.
(2006 Code, sec. 14-49; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance adopting 2015 Code)
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 the animal control division 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 supervisor, 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.
(2006 Code, sec. 14-50; Ordinance 09-02-786, sec. 2, adopted 2/16/09)
(a) 
It shall be unlawful to keep any wild animal within the city limits, with the following exceptions:
(1) 
If a person 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 and registrations, said person may retain dangerous wild animals(s) in compliance with all federal, state and local laws, including, but not limited to V.T.C.A., Health and Safety Code chapter 822, 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, animal exhibitions with valid state or federal permits; or
(5) 
A holder 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) 
Animal establishments or animal dealers who hold a wild/exotic animal permit shall make written application to the animal control supervisor 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.
(2006 Code, sec. 14-51; Ordinance 09-02-786, sec. 2, adopted 2/16/09; Ordinance 16-08-1015, sec. 2.16, adopted 8/16/16)
(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, the animal control supervisor 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 30 minutes of the person finding that a wild animal is at large.
(2006 Code, sec. 14-52; Ordinance 09-02-786, sec. 2, adopted 2/16/09)