(a) 
Not later than the 30th day after a person learns that he or she is the owner of a dangerous dog, the person shall:
(1) 
Register the dangerous dog with animal control;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) 
Muzzle the dog when it is outside the secure enclosure;
(4) 
Obtain liability insurance coverage 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;
(5) 
Have the dangerous dog spayed or neutered.
(b) 
For the purposes of this section, a person learns that he or she is the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in the definition of "dangerous dog" hereinabove; or
(2) 
The owner is informed by the animal control officer that the dog is a dangerous dog.
(c) 
If a person reports an incident described by in the definition of "dangerous dog" hereinabove, the animal control officer shall investigate the incident. If, after receiving the sworn statements of any witnesses, the chief of police or his designee determines the dog is a dangerous dog, he or she shall notify the owner of that fact in writing by certified mail or by delivering said notice to the owner by the chief of police or his designee.
(d) 
An owner, not later than the 15th day after the date the owner is notified that a dog owned by the person is a dangerous dog, may appeal the determination of the chief of police or his designee to the municipal court. An owner may appeal the decision of the municipal court in the same manner for other civil cases. At a hearing, all interested parties shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in the hearing shall include but not be limited to the following:
(1) 
Provocation;
(2) 
Severity of attack or injury to a person or animal;
(3) 
Previous aggressive history of the dog;
(4) 
Observable behavior of the dog;
(5) 
Site and circumstances of the incident; and
(6) 
Statements from interested parties.
(Ordinance 14, sec. 2.03.061, adopted 7/20/2020)
(a) 
The animal control officer shall annually register a dangerous dog if the owner presents proof of liability insurance or financial responsibility, as required by section 3.03.061, current rabies vaccination, and proof of sterilization of the dangerous dog, and has a secure enclosure in which the dangerous dog will be kept that is inspected and approved by the animal control officer.
(b) 
The animal control officer shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar. The collar must be fluorescent orange.
(c) 
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 for the area in which the new address is located. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee, the animal control officer 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.
(Ordinance 14, sec. 2.03.062, adopted 7/20/2020)
(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 the animal control officer or a licensed veterinarian.
(Ordinance 14, sec. 2.03.063, adopted 7/20/2020)
(a) 
It is a defense to prosecution under this division that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or 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.
(b) 
It is a defense to prosecution under this division that the person is 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.
(c) 
It is a defense to prosecution under this division that the person is a dog trainer or an employee of a guard dog company under the Private Security Act (V.T.C.A., Occupations Code, chapter 1702).
(Ordinance 14, sec. 2.03.064, adopted 7/20/2020)
(a) 
The justice of the peace shall order the animal control officer to seize a dog and shall issue an order authorizing the seizure:
(1) 
On the sworn complaint of any person, including the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person; and
(2) 
On a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person stated in the complaint.
(b) 
The animal control officer 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.
(c) 
Any expense associated with seizure of a dog under this section shall be the responsibility of the owner.
(d) 
The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing must be held not later than the 10th day after the date on which the order of seizure is issued.
(e) 
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.
(f) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(g) 
The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
(1) 
Its owner;
(2) 
The person from whom the dog was seized; or
(3) 
Any other person authorized to take possession of the dog.
(h) 
The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
(1) 
Its owner;
(2) 
The person from whom the dog was seized; or
(3) 
Any other person authorized to take possession of the dog.
(i) 
The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and:
(1) 
The dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and:
(A) 
The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and
(B) 
The injured person was at least ten (10) years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(2) 
The dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least ten (10) years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(3) 
The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes;
(4) 
The dog was defending a person from an assault or person's property from damage or theft by the injured person; or
(5) 
The injured person was younger than ten (10) years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than ten (10) years of age from entering.
(Ordinance 14, sec. 2.03.065, adopted 7/20/2020)
(a) 
The destruction of a dog under this division must be performed by:
(1) 
A licensed veterinarian;
(2) 
Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or
(3) 
Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(b) 
The city will destroy the carcass of a dog destroyed under this section.
(c) 
Any cost associated with the provisions of this section shall be the owner's responsibility.
(Ordinance 14, sec. 2.03.066, adopted 7/20/2020)