(a) It
is hereby declared to be a public nuisance that an owner or other
person harbors, keeps or maintains a dangerous animal other than a
dog in the city unless the owner complies with the requirements of
this article.
(b) It
is hereby declared to be a public nuisance that an owner or other
person who harbors, keeps, or maintains in the city or brings to the
city an animal other than a dog that has been declared dangerous outside
of the city under one or more of the following:
(1) Chapter 822 of the Texas Health and Safety Code;
(2) A local law or ordinance adopted in accordance with chapter 822 of
the Texas Health and Safety Code; or
(3) A statute or ordinance that is substantially similar to chapter 822
of the Texas Health and Safety Code and that was adopted by a political
subdivision outside of the state.
(Ordinance 11-040 adopted 7/11/11)
Not later than the thirtieth day after a person learns that
the person is the owner of a dangerous animal, the person shall:
(1) Register
the dangerous animal with the animal control officer;
(2) Restrain the dangerous animal at all times on a leash in the immediate control of a person or in a secure enclosure as described in section
2.01.001, “secure enclosure;”
(3) Further
secure the dangerous animal with a muzzle in a manner that will not
cause injury to the animal nor interfere with its vision or respiration
but shall prevent it from biting any person or animal when the dangerous
animal is taken off the property of the owner for any reason;
(4) Obtain
liability insurance coverage or show financial responsibility in an
amount of at least one hundred thousand dollars ($100,000) to cover
damages resulting from an attack by the dangerous animal causing bodily
injury to a person and provide proof of the required liability insurance
coverage or financial responsibility to the animal control officer;
(5) Provide
the dangerous animal with a fluorescent yellow collar visible at fifty
(50) feet in normal daylight so that the animal can be identified;
(6) Sterilize
the dangerous animal; and
(7) Microchip
the dangerous animal for its life with a national registry, and present
proof to the animal care and control manager. The owner of the dangerous
animal shall microchip the animal by implanting a microchip identification
device on the animal within seven (7) calendar days after being notified
by the animal control officer or by the municipal court that such
animal is dangerous. The cost of the service shall be at the owner’s
expense.
(2001 Code, sec. 90.62)
If the owner of an animal determined to be dangerous under this article fails or refuses to comply with all the requirements specified in section
2.06.003, the animal shall be seized by the animal control officer and euthanized by the animal control officer or his or her authorized agent or a licensed veterinarian.
(2001 Code, sec. 90.63)
It is a defense to prosecution under section
2.06.006 or section
2.06.007 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals, and that the person has temporary ownership, custody or control of the animal; provided, however, that for any person to claim under this section, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal.
(2001 Code, sec. 90.67)