City of Italy, TX DANGEROUS ANIMALS

Upon receipt of a written, sworn, notarized affidavit by any person charging that a particular animal is dangerous, the animal control officer shall investigate the incident within two (2) working days to determine whether such animal is, in fact, dangerous. If the animal has bitten a human then the animal must be held at an animal services facility or at an approved quarantine veterinarian clinic for the period required by law. Any written, sworn, notarized affidavit shall contain at least the following information:

Name, address and telephone number of the complainant and witnesses;

Date, time and location of the incident(s);

A complete description of the animal including breed, color, sex, size, etc.;

Name, address and telephone number of the animal’s owner, if known, and/or the premises where the animal is kept;

A statement that the animal bit or attacked with as much detail as possible with regard to the incident and whether medical attention was required; and

(6)

Any other facts that the complainant believes to be relevant.

The following will apply regarding the investigation to determine whether an animal shall be declared “dangerous”:

The owner of the animal shall deliver the animal to the animal control officer for impoundment within five (5) days of the notice that a sworn complaint has been filed.

The suspect animal shall be seized by the animal control officer pursuant to a sworn complaint, and impounded and if necessary medically examined at the owner’s expense if the animal caused serious bodily injury to a person requiring medical treatment. An animal causing serious bodily injury shall be held at an animal services facility pending the outcome of an investigation and determination as to whether the animal is, in fact, classifiable as dangerous. Such an investigation to determine if an animal is dangerous shall be conducted within ten (10) days after receipt of the complaint or seizure of the animal.

Notice of the investigation shall be provided by the animal control officer to the owner of the animal either in person or by registered or certified mail, return receipt requested. The complainant in the matter shall also be notified either in person or by registered or certified mail, return receipt requested of the investigation. During the investigation all parties shall be given the opportunity to present evidence on the issue of whether such animal is to be declared dangerous.

(c)

Upon conclusion of an investigation to determine if an animal is dangerous, the animal control officer may find that the animal is not dangerous. In such case, the animal shall be returned to the owner, provided the animal has been properly vaccinated and registered, and all impoundment and medical fees paid.

(d)

Notification to an owner that his dog has been declared dangerous shall include the following information:

The owner has the right to appeal the decision to a justice or municipal court of competent jurisdiction and that such appeal must be filed, in writing, not later than the 15th day after the date the owner is notified.

The owner may appeal that decision of the justice or municipal court in the same manner as appeal for other civil cases. The intent to file a second appeal must be made, in writing, to the city within twenty-four (24) hours of the conclusion of the first appeal.

A copy of this article, in its entirety, concerning dangerous dogs.

(e)

Should the animal be classified as a dangerous animal, the owner shall comply with one of the following requirements:

Provide for the keeping of the animal as detailed in sections 2.05.005 and 2.05.007 of this article and consistent with state law requirements, as amended; or

Humane destruction of the dangerous animal by a person listed in the Texas Health and Safety Code, section 822.004, as amended.

(f)

No animal shall be declared a dangerous animal if the threat, injury or damages caused by the animal were the result of a willful trespass upon another’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.

(g)

If an animal that has been declared a dangerous animal causes death or serious bodily injury to a person, the court may order the dangerous animal destroyed by a person listed in Texas Health and Safety Code, section 822.004, as amended, and all related expenses will be paid by the owner.

(h)

The owner may permanently remove the dangerous animal from the city upon compliance with the following conditions:

The new owner must comply with local and state regulations for owning a dangerous dog and acknowledge, by sworn affidavit, that he has been advised that the dog has been deemed dangerous, is aware of the state law requirements and agrees to be bound by state law requirements.

The name, address and phone number of the location the animal will be kept must be submitted to the animal control officer.

The animal control officer shall notify the local authority of the classification of said animal as dangerous.

Proof of compliance with the local and state laws from the local authority relating to dangerous dogs must be provided to the city.

(Ordinance 18-0108-02, sec. 24(c), adopted 1/8/18)

§ 2.05.004 Seizure of dog causing death or serious bodily injury.

Basis of seizure.

The municipal court shall order the seizure of a dog and issue a warrant authorizing said seizure upon:

A sworn complaint that the dog caused the death or serious bodily injury to a person; and

A showing of probable cause to believe that the dog caused death or serious bodily injury to a person.

The dog is to be seized and impounded until the court orders the disposition of the animal.

Hearing.

A hearing is to be set by the court not later than the 10th day after the date on which the warrant was issued. The court is to give written notice to the concerned parties, the owner or person from whom the dog was seized, the complainant and any other interested party, including the city attorney.

(c)

Destruction of dog.

The dog must be destroyed if the court finds that the dog caused the death of a person. The dog may be ordered destroyed if the court finds it caused only serious bodily injury by attacking, biting or mauling a person. If such findings are not made, the court is to release the dog to the owner, the person from whom the dog was seized, or to any other authorized person.

(d)

Exceptions to destruction.

Even if the dog caused serious bodily injury to a person by attacking, biting or mauling, the court may not order its destruction if it also finds one of the following to be true:

The dog was being used for protection of a person or a person’s property and:

The attack, bite or mauling occurred in the dog’s enclosure;

The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own;

(C)

Notice was provided of the presence of the dog;

(D)

The injured person was at least eight (8) years old; and

(E)

Was trespassing in the enclosure at the time of the attack, bite or mauling;

The dog was not being used for the protection of a person or a person’s property but:

The attack, bite or mauling occurred in the dog’s enclosure;

The injured person was at least eight (8) years old; and

(C)

Was trespassing in the enclosure at the time of the attack, bite or mauling;

The attack, bite or mauling occurred during an arrest or other action by a peace officer while the peace officer was using the dog for law enforcement purposes;

The dog was defending a person from an assault or a person’s property from damage or theft by the injured person; or

The injured person was younger than eight (8) years old, and:

The attack, bite or mauling occurred in the dog’s enclosure; and

The enclosure was reasonably certain to keep a person younger than eight (8) years old from entering the enclosure.

(Ordinance 18-0108-02, sec. 24(d), adopted 1/8/18)

§ 2.05.005 Keeping of dangerous dogs.

Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:

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 or death of any person, or for damages to any person’s property, resulting from the keeping of such dangerous dog. Acceptability of such proof of liability insurance coverage shall be subject to the final review and approval of the city attorney, which coverage shall require that it may not be cancelled without prior written notification to the city not less than thirty (30) days prior to cancellation. It shall be unlawful for an owner of any dangerous dog found in the city to fail or refuse to present proof to the animal control officer or a designated representative, upon request of current liability insurance coverage as required under this article;

Restrain the dangerous dog at all times on a leash no more than four (4) feet in length and in the immediate control of the owner, or in a secure pen enclosure as prescribed in this article;

All dangerous dogs, if not in a secure pen, shall be securely confined indoors;

No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building of its own volition. In addition, no dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure;

Provide to the animal control officer the name and address of the owner, breed, age, sex, color and any other identifying marks of said dog; the location where the dog is to be kept if not at the address of the owner; two color photographs of the dangerous dog, and the aforementioned certificate of liability insurance;

Provide proof of the required documents necessary to register the dog, and pay the required registration fee. The animal control officer shall provide to the owner a registration tag designating the dog as dangerous. The owner must place the tag on the dog’s collar, which shall be a Hi Vis (bright orange reflective) collar, and must ensure that the dog wears such tag and collar at all times;

(6)

Not allow the dog to go outside its pen, cage or enclosure unless the dog is under physical restraint and securely muzzled. No person shall permit a dangerous dog to be kept outside its cage, pen or enclosure on a chain, rope or other type of leash unless the owner is in physical control of the chain, rope or other type of leash. Dangerous dogs shall not be leashed to inanimate objects such as trees, posts, buildings, etc. Signs giving notice of the dangerous dog shall be prominently displayed so that all persons entering said property are immediately notified a dangerous dog is being kept at the location;

(7)

The owner shall microchip the dangerous dog, provide the microchip identification number and proof of insertion of the chip from a licensed veterinarian to the city;

(8)

The owner shall notify the animal control officer of any subsequent attacks made by the dangerous dog which shall be an offense as set forth herein;

(9)

If the owner is found guilty of a subsequent attack the court may order the dog destroyed by the animal control officer and fine the owner up to $2,000.00, if it is shown at trial for the subsequent attack that the owner has been previously convicted under this chapter; and

(10)

In addition to criminal prosecution, a dangerous dog owner whose dog commits a subsequent attack is liable for a civil penalty not to exceed $10,000.00, to be filed on the behalf of the city by the city attorney in a court of competent jurisdiction.

(Ordinance 18-0108-02, sec. 24(e), adopted 1/8/18)

§ 2.05.006 Failure to comply.

If the owner fails to register and restrain the dangerous dog and/or obtain liability insurance and/or comply with all other municipal restrictions, regulations or requirements and/or otherwise deliver the dog to the animal control officer, said owner shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog. If, upon application, a justice court, county court or municipal court finds that the owner failed to comply with section 2.05.005, above, or this article, the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure of the dog. The animal control officer shall seize or cause to be seized the dog and provide for impoundment under secure, humane conditions. The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance and impoundment of the dog. The owner then has eleven (11) days after the seizure to comply or the dog must be ordered humanely destroyed. The court can destroy the dog after fifteen (15) days if the owner cannot be found.

Failure to comply constitutes a misdemeanor, which upon conviction, is punishable by a fine not to exceed five hundred and no/100 dollars ($500.00). Subsequent offenses are class B misdemeanors and shall be referred to the appropriate court.

(Ordinance 18-0108-02, sec. 24(f), adopted 1/8/18)

§ 2.05.007 Enclosures.

The pen, cage or enclosure for a dangerous animal must be constructed from materials of sufficient strength to prevent the animal’s escape, and must have secure sides, a secure top attached to the sides, and a secure bottom which is either attached to the sides or constructed so that the sides of the structure are embedded in the ground no less than two feet (2').

(Ordinance 18-0108-02, sec. 24(g), adopted 1/8/18)

§ 2.05.008 Dangerous dog determination.

An owner learns that he is the owner of a dangerous dog when one of following events occurs:

The owner knows of an attack as described in the Texas Health and Safety Code section 822.041(2)(A) or (B) and as provided herein;

The dog makes an unprovoked attack on a person 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;

The dog 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;

The owner is informed by the animal control officer that the dog is dangerous as determined by the animal control officer through investigations and upon sworn statements. The owner may appeal this decision to the municipal court within fifteen (15) days; or

The owner receives notice that the municipal court has found the dog is dangerous after a hearing on the matter, either on a report of an attack that caused bodily injury, or after an owner fails to comply with the requirements of an owner of a dangerous dog.

(Ordinance 18-0108-02, sec. 24(h), adopted 1/8/18)

§ 2.05.009 Appeal of dangerous dog determination.

Findings of the animal control or police officer pertaining to dangerous animals may be appealed to the city’s municipal court, county court, or justice court of competent jurisdiction in accordance with the Health and Safety Code, chapter 822.0421(b), as amended. An owner may appeal the decision of the animal control or police officer to the judge of the municipal court in the same manner as an appeal is made for other criminal cases, but not later than the 15th day after the owner is notified of the animal control or police officer’s determination. During the pendency of such appeal, the findings of the animal control or police officer shall be suspended; however, the animal shall continue to be impounded at the owner’s expense at the designated animal services facility for observation and to protect the health and safety of the public until a final disposition is reached, or compliance with the requirements for the keeping of a dangerous dog are satisfied. Appeal from the municipal court determination is the same as any other appeal from the municipal court.

(Ordinance 18-0108-02, sec. 24(i), adopted 1/8/18)

§ 2.05.010 Culpability.

Criminal responsibility for the keeping of a dangerous dog may be established by intent, knowledge or recklessness.

(Ordinance 18-0108-02, sec. 24(j), adopted 1/8/18)

§ 2.05.011 Report of dangerous dog to municipal court.

A person may report a [Health and Safety Code] section 822.041(2) incident to the municipal court requiring only the establishment of bodily injury and not serious bodily injury.

The dog owner must then deliver the dog to the animal control officer not later than the 5th day from the date the owner receives notice that the report has been filed.

(c)

If the owner fails to deliver the animal, the municipal court can issue a warrant authorizing the seizure of the dog. The dog will be impounded, at the owner’s expense, until the court orders the disposition of the dog.

(d)

Once the court has received an incident report or an application of a violation of [Health and Safety Code] section 822.042(c) the court will hold a hearing to determine whether a dog is dangerous or whether the owner has complied with the requirements for an owner of a dangerous dog not later than the 10th day after the dog is seized or delivered, section 822.0423.

(e)

The appeal of the municipal court’s decision is in the same manner as provided in the appeal of other municipal court cases (Texas Health and Safety Code, section 822.0423).

(Ordinance 18-0108-02, sec. 24(k), adopted 1/8/18)

§ 2.05.012 Dogs that attack domestic animals.

The animal control officer or a police officer, to the extent applicable, shall adhere to procedures relative to dogs that are a danger to animals, as set forth in subchapter B, section 822.011, et seq., of the Texas Health and Safety Code.