In this article:
Animal control authority.
Director of animal services or his/her designee.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person or another domestic animal 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.
A domesticated animal that is a member of the canine family.
Owner.
A person who owns or has custody or control of the dog.
Secure enclosure.
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 established by the animal control authority.
Serious bodily injury.
An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
Unprovoked.
An action by a dog that is not:
(1) 
In response to being tormented, abused, or assaulted by any person;
(2) 
In response to pain or injury;
(3) 
In protection of itself or its food, kennel, immediate territory, or nursing offspring; or
(4) 
In response to an assault or attempted assault on a person.
(1977 Code, sec. 4-15; Ordinance 21-06, sec. 1, adopted 10/5/06; Ordinance 05-2018 adopted 3/5/18)
(a) 
Not later than the thirtieth 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 authority;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) 
Obtain liability insurance or show 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 dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority; and
(4) 
Comply with the applicable ordinance, regulation, requirement, or restriction of the city on dangerous dogs.
(5) 
Have an unsterilized dangerous dog spayed or neutered
(6) 
Have the dangerous dog injected with a microchip implant and registered with a national registry for dogs and animal services.
(7) 
Post a sign at each entrance to the enclosure in which the dangerous dog is confined stating “beware of dangerous dog.”
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the thirtieth day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, the municipal court of the city finds, after notice and hearing, that the owner of a dangerous dog has failed to comply with this section, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(d) 
The owner shall pay any costs or fee assessed by the city related to the seizure, impoundment, and destruction of the dog.
(e) 
The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with this section before the eleventh day after the date on which the dog is seized or delivered to the authority.
(f) 
The court may order the humane destruction of a dog if the owner of the dog has not been located before the fifteenth day after the seizure and impoundment of the dog.
(g) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in section 5.02.001;
(2) 
The owner receives notice that the municipal court has found that the dog is a dangerous dog under this article; or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog under this article.
(1977 Code, sec. 4-16; Ordinance 05-2018 adopted 3/5/18)
(a) 
If a person reports an incident described in section 5.02.001, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.
(b) 
An owner, not later than the fifteenth 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 authority to the municipal court. An owner may appeal the decision of the municipal court in the same manner as appeal for other cases from the municipal court.
(1977 Code, sec. 4-17)
(a) 
A person may report an incident described in section 5.02.001 to the municipal court. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed.
(b) 
If the owner fails to deliver the dog as required by this section, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog. The court shall determine, after notice and hearing as provided in this article, whether the dog is a dangerous dog.
(1977 Code, sec. 4-18)
(a) 
The municipal court, on receiving a report of an incident under section 5.02.004 or on application under section 5.02.002, shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with section 5.02.002. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the dog or the person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(d) 
An owner or person filing the action may appeal the decision of the municipal court in the manner provided for the appeal of cases from the municipal court.
(1977 Code, sec. 4-19)
(a) 
The animal control authority shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility as required by section 5.02.002;
(B) 
Current rabies vaccination of the dangerous dog; and
(C) 
The secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration fee as adopted by resolution of the city council.
(b) 
The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog’s collar.
(c) 
If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. On presentation of the current owner of a dangerous dog’s prior registration tag and payment of a fee as adopted by resolution of the city council, the animal control authority shall issue a new registration tag to be placed on the dangerous dog’s collar.
(d) 
An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
(1977 Code, sec. 4-20; Ordinance adopting Code)
(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 outside the dog’s enclosure and 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 licensed veterinarian, personnel of a recognized animal shelter or a humane society who are trained in the humane destruction of animals, or the animal control authority.
(c) 
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). On direction of the city council, the city attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.
(1977 Code, sec. 4-21)
Any defense to prosecution under subchapter D, chapter 822 of the Texas Health and Safety Code, as amended, is a defense to prosecution for a violation under this article.
(Ordinance 05-2018 adopted 3/5/18)
A person who owns a dog that has been ordered to be seized or impounded under this article commits an offense if the person does not surrender the dog to the director within the time period ordered by the director or the municipal court, whichever applies.
(Ordinance 05-2018 adopted 3/5/18)