(a) Authorized.
The animal control officer of the city is
hereby authorized to execute citations and file same with the municipal
court for those persons in violation of any of the provisions of this
article.
(b) Form and contents.
A citation issued under this section
must be in a form approved by the municipal court that includes that
the following information:
(1) The name, address, date of birth, or driver’s license number
and physical description, and telephone number of the person cited;
(2) The offense for which the person is charged;
(3) The date and location of the offense;
(5) A statement requiring the person receiving the citation to appear
at municipal court on or before the appearance date indicated on the
citation;
(6) A statement of the person’s promise to respond to the citation,
pursuant to article 27.14 of the Code of Criminal Procedure, by the
appearance dated indicated on the citation, including a place for
the person cited to provide the person’s signature; and
(7) The signature of the person issuing the citation.
(c) Violation of promise to appear.
A person issued a citation
as authorized by this article commits an offense if the person fails
to appear or enter a plea on or before the appearance date indicated
on the citation.
(d) Interference or obstruction or issuance.
A person commits
an offense if the person interferes with or obstructs the issuance
of a citation under this section.
(e) Providing false or fictitious name.
A person commits
an offense if the person gives a false or fictitious name, address,
or other information to the animal control officer authorized to issue
a citation under this section.
(Ordinance 08-06-16 adopted 6/16/08)
(a) Vaccination required; collar and tag.
All dogs kept within the city limits shall be vaccinated against rabies, and shall have attached to a suitable collar or harness on said dogs a tag showing the date of vaccination of said dog, with a number on said tag which shall correspond to the number of the record and registration and vaccination certificate on file in the office of the city secretary, as provided in subsection
(b) of this section.
(b) Receipt for vaccination.
The owner of all dogs kept in the city shall have said dogs vaccinated by a veterinarian against rabies, and shall secure from said veterinarian a receipt for said vaccination, showing the name of the dog, the name of the owner, the date of vaccination, and the number of the tag assigned for said dog, which number shall correspond to the number on the tag to be worn by said dog as provided in subsection
(a) of this section.
(c) Dogs running at large not wearing tag.
Any dog found running at large upon the public streets or alleys or upon public or private property that does not have a tag attached to his collar or harness or other suitable apparatus showing that it has been vaccinated and registered with the city as provided in subsections
(a) and
(b) of this section may be destroyed by the proper officers or officials of the city in such manner as the city council shall provide.
(Ordinance 9.2, secs. 1–3,
adopted 5/9/05)
Licenses shall be issued for a period of one year, upon proof of vaccination. The license fee shall be as provided in the fee schedule in appendix
A of this code.
(Ordinance adopting Code)
It shall be unlawful for the owner of any dog or dogs to permit said dog or dogs whether licensed or not to run at large and annoy other persons or trespass upon private property; any person permitting said dog or dogs to do so shall be fined in accordance with the general penalty provided in section
1.01.009, and each day shall be a separate offense.
(Ordinance 9.2, sec. 4, adopted 5/9/05; Ordinance adopting Code)
It shall be unlawful for any person to keep in the city a vicious or dangerous dog unless securely enclosed upon his or her private property, and anyone violating this provision shall be fined in accordance with the general penalty provided in section
1.01.009, and each day shall be deemed a separate offense.
(Ordinance 9.2, sec. 5, adopted 5/9/05; Ordinance adopting Code)
The animal control officer may receive a complaint from any
police officer, humane officer, animal control officer, or citizen
concerning an animal which he or she has reason to believe has a dangerous
disposition. The animal must make an unprovoked attack causing bodily
injury on a person, and such attack or threat of attack must occur
in a place other than the enclosed area in which the dog is kept,
or threaten a person in a place other than where the dog is kept.
The threat must suggest real danger of being bitten. The animal control
officer shall investigate the incident. In the event the animal is
found to be a dangerous dog as defined in this article the animal
control officer shall:
(1) Notify
the owner or keeper of said animal by certified letter that his or
her dog has been deemed dangerous and that the dog owner shall have
thirty (30) days to appeal the decision through the municipal court
judge.
(2) The
animal control officer shall decide the location of where the animal
shall be held during the thirty days.
(Ordinance 9.2, sec. 9, adopted 5/9/05)
Not later than the thirtieth (30th) 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 officer;
(2) Restrain
the dangerous dog at all times on a leash in the immediate control
of a person or in a secure enclosure; and
(3) 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 dog causing bodily injury to a person.
(Ordinance 9.2, sec. 10, adopted 5/9/05)
(a) The
animal control officer shall register a dangerous dog if the owner:
(1) Presents proof of:
(A) Liability insurance or financial responsibility, as required by section
3.02.032 of this article;
(B) Current city license and current rabies vaccination of the dangerous
dog;
(C) The secure enclosure in which a dangerous dog will be kept; and
(2) Pays an annual registration fee as set forth in the fee schedule in appendix
A of this code.
(b) The
animal control officer shall provide to the owner of the dangerous
dog a registration collar (bright orange with “dangerous dog”
printed on the material), and two signs warning the public of the
dangerous dog. The owner must keep this collar on the dangerous dog
at all times, and place the signs in a conspicuous place on the enclosure
where the dangerous dog is kept.
(c) If an owner of the 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 dog’s prior registration tag or collar, payment of a fee as set forth in the fee schedule in appendix
A of this code, and proof of insurance or financial responsibility, the animal control authority shall issue a new registration collar to be placed on the dangerous dog and two new signs to be placed on the enclosure where the dangerous dog is kept.
(d) Every
owner of a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
(Ordinance 9.2, sec. 11, adopted 5/9/05; 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 person.
(b) An
offense under this section is a class C misdemeanor, unless the attack
causes serious bodily injury or death, in which event the offense
is a class A misdemeanor, and the person may be subject to other criminal
prosecution under the laws of the state in a court of competent jurisdiction.
(c) 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.
(d) 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). 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.
(Ordinance 9.2, sec. 12, adopted 5/9/05)
(a) A person who keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section
3.02.032 of this article.
(b) An
offense under this section is a class C misdemeanor.
(Ordinance 9.2, sec. 13, adopted 5/9/05)
It is a defense to prosecution under section
3.02.034 or section
3.02.035 of this article if:
(1) 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;
(2) 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
the dog for law enforcement or corrections purposes; or
(3) 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, ch. 1702).
(Ordinance 9.2, sec. 14, adopted 5/9/05)