It is hereby declared to be a public nuisance for an owner to
keep a dangerous animal within the city limits unless the owner complies
with the requirements of this article and with chapter 822, title
10 Health and Safety of Animals, of the Texas Health and Safety Code,
as amended.
The animal control authority shall investigate all reports of
an attack or unprovoked act by an animal.
(a)
A
person shall report to the animal control authority within twenty-four
(24) hours any incident in which an animal:
(1)
Makes an unprovoked attack on a person or another domestic animal
that causes bodily injury, serious bodily injury, or death; or
(2)
Is not in a secure enclosure or safely restrained as described in section 2.05.004 of this chapter, and acts, unprovoked, in such a way as to cause a person to reasonably believe that the animal will attack and cause bodily injury, serious bodily injury, or death to that person or another domestic animal.
(b)
The
animal control authority shall require sworn statements from all victims
and witnesses of the unprovoked attack or act.
(c)
No
animal shall be considered dangerous because it causes bodily injury
to another animal if both animals are running at large when the injury
occurs or if the injured animal is running at large when the injury
occurs.
(a)
If
the animal control authority determines that the animal is a dangerous
animal, the animal control officer shall give the owner written notification
of this determination.
(b)
The
animal control authority shall require the owner to deliver the dangerous
animal to the animal control authority not later than five days after
the date on which the owner receives the notice that the animal is
a dangerous animal. If the owner fails to deliver the animal, the
municipal court judge shall order the animal control authority to
seize the animal, and the municipal court shall issue a warrant authorizing
the seizure.
(a)
The
owner may appeal the animal control authority’s determination
that the animal is a dangerous animal by making a written appeal to
the municipal court not later than 10 days after the owner receives
notice from the animal control authority of the determination that
the animal is a dangerous animal.
(b)
The
municipal court, upon receiving a written appeal as provided above,
shall set a time for a hearing. The hearing must be not later than
15 days after the owner receives notice from the animal control authority
of the determination that the animal is a dangerous animal.
(d)
Any
interested party, including the city attorney, is entitled to present
evidence at the hearing.
(e)
The
municipal court shall issue its written decision within 10 days after
the hearing.
(a)
Any animal that the animal control authority determines is a dangerous animal shall be impounded in secure and humane conditions by the animal control authority pending final notice, as defined in section 2.07.007(b) below, regarding whether the animal is a dangerous animal.
(b)
Regardless
of whether the animal is ultimately determined to be a dangerous animal,
the owner shall pay all costs incurred in seizing and impounding the
animal. The owner of a dangerous animal shall pay all costs incurred,
if any, in euthanizing the dangerous animal.
(a)
Not
later than 10 days after the owner receives final notice that the
animal is a dangerous animal, the owner shall comply with all of the
following:
(1)
Obtain a registration certificate and identification tag, numbered
and clearly marked with the text “dangerous animal,” for
the dangerous animal from the animal control authority; said dangerous
animal to wear such identification tag at all times;
(2)
At the owner’s expense, have the animal microchipped and registered
with the microchip company, either through the animal control authority
or a licensed veterinarian;
(3)
Restrain the dangerous animal at all times on a leash in the immediate
control of a person over the age of eighteen or in a secure enclosure
that has secure sides and a secure top attached to the sides. Additionally:
(A)
If the pen or structure has no bottom secured to the sides, the ground
beneath of the gate shall be secured by embedded posts and the sides
must be embedded into the ground no less than one (1) foot, unless
such pen has a concrete bottom.
(B)
If the pen or structure has a concrete bottom, the sides need only
be embedded two (2) inches deep into the concrete.
(C)
All such pens or structures must be adequately lighted and kept in
a clean or sanitary condition.
(D)
Any sanitary enclosure or pen shall be at least two (2) square feet
per pound, per animal so confined.
(E)
The structure must be species-appropriate.
(4)
At all times when the dangerous animal is taken off the property
of the owner for any reason, 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 that will prevent it from biting
any person or animal;
(5)
Obtain liability insurance coverage or show 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
and provide proof of the required liability insurance coverage or
financial responsibility to the animal control authority; and
(6)
Spay or neuter the dangerous animal within 30 days of final determination,
and provide proof of the alteration to the animal control authority
within one business day after the surgery is performed.
(b)
For purposes of section 2.07.004(a), a person receives final notice that the animal is a dangerous animal upon the latest of:
(1)
Witnessing or otherwise knowing of an attack;
(2)
Receiving notice that the animal control authority has determined
that the animal is a dangerous animal;
(3)
Receiving a written decision from the municipal court of record that
the animal is a dangerous animal; or
(4)
Receiving a final order from an appellate court that the animal is
a dangerous animal.
The animal control authority shall annually register a dangerous
animal if the owner presents proof of:
The owner of a dangerous animal shall notify the animal control
authority within 24 hours if the dangerous animal is at large, unconfined,
has attacked a human being or another animal, has died, or has been
sold or given away. If ownership of the dangerous animal changes,
the former owner shall provide the animal control authority with the
name, address, and telephone number of the new owner. If the new owner’s
address is within the city limits or if the dangerous animal is kept
within the city limits, the animal control authority shall notify
the new owner by certified mail, return receipt requested, or in person
that the animal has been determined to be a dangerous animal and provide
the new owner a copy of the requirements contained in this article.
It shall be unlawful for new owners to fail to comply with any requirements
of this article. The same reporting and registration requirements
are imposed on any and all subsequent owners of the dangerous animal.
(a)
A
person who owns a dangerous animal commits an offense if:
(b)
An offense under this article is a class C misdemeanor, unless it is an attack by a dangerous dog, under subsection (a)(2) above, that causes serious bodily injury or death to a person, in which event such attack by a dangerous dog is a class A misdemeanor as provided by section 822.044 of the health and safety code.
(c)
It
is a defense to prosecution under this article that:
(1)
The person is a veterinarian, a peace officer, or a person employed
by the state, city, or a recognized animal shelter for the purpose
of handling stray animals; has temporary ownership, custody, or control
of the animal; and is acting within the course and scope of the person’s
official duties;
(2)
The person is an employee of the institutional division of the Texas
Department of Criminal Justice or a law enforcement agency; trains
or uses animals for law enforcement or corrections purposes; and is
acting within the course and scope of the person’s official
duties; or
(3)
The animal at issue is a trained working dog, recognized by the Texas
Board of Private Investigators or an official law enforcement agency,
in the performance of official duties while confined or under the
control of its handler.
(Ordinance 2011-04, sec. 1, adopted 3/24/11)
