(a)
The
determination that an animal is a dangerous animal shall be made by
the local animal control authority as follows:
(1)
If
a person reports an incident described by this article, the local
animal control authority may investigate the incident. If, after receiving
the sworn statements of any witnesses, the local animal control authority
determines the animal is a dangerous animal, it shall notify the owner
of that fact.
(2)
An
owner, not later than the 10th day after the date the owner is notified
that an animal owned by the owner has been determined to be a dangerous
animal, may appeal the determination of the local animal control authority
to the municipal court of competent jurisdiction. An owner may appeal
the decision of the municipal court in the same manner as appeal for
other cases from the municipal court.
(b)
Any
dangerous animal found running at-large and endangering the safety
of persons and property may be destroyed by the local animal control
authority, any peace officer or animal control officer in the interest
of public safety if such danger is imminent and a real or apparent
necessity exists to destroy such dangerous animal.
(c)
It shall
be unlawful for any person to keep or harbor a dangerous animal in
violation hereof. This subsection does not apply to an animal kept
as provided by Texas Health & Safety Code section 822.102, as
amended.
(d)
The
animal deemed dangerous shall remain in the possession of the animal
shelter, local animal control, or its designee until all requirements
have been met or all appeals exhausted.
(1)
The
owner of a dangerous animal shall deliver the animal to the local
animal control authority not later than the 10th day after the owner
learns that the animal has been determined to be dangerous.
(2)
If,
on application of any person, a municipal court finds, after notice
and hearing as provided by section 822.0423 of the Texas Health and
Safety Code that the owner of a dangerous animal has failed to comply
with this article, the court shall order the local animal control
authority to seize the animal and shall issue a warrant authorizing
the seizure. The local animal control authority shall seize the animal
or order its seizure and shall provide for the impoundment of the
animal in secure and humane conditions.
(3)
The
owner shall pay any cost or fee assessed by the municipality related
to the seizure, acceptance, impoundment, or destruction of the animal.
The governing body of the municipality may prescribe by resolution
the amount of the fees.
(4)
The
court shall order the local animal control authority to humanely destroy
the animal if the owner has not complied with this article. The court
shall order the animal control authority to return the animal to the
owner if it is determined that the animal is not a dangerous animal
and the owner has paid all fees required herein.
(5)
For
purposes of this section, a person learns that the person is the owner
of a dangerous animal when:
(A)
The owner knows of an attack described in this article;
(B)
The owner receives written notice that a municipal court has found
that the animal is a dangerous animal;
(C)
The owner receives written notice prepared by the local animal control
authority or police department that the animal is a dangerous animal
under this article; or
(D)
The term written notice in this section means an official report,
citation or subpoena that is delivered to the owner in person, by
mail or by any other means in which a reasonable person would believe
they have been notified.
(e)
The
local animal control authority may order any owner or person having
care, custody or control of any dangerous animal to take such animal
permanently from the city.
(f)
If the owner or person having care, custody or control of a dangerous animal fails to remove such animal as provided for in subsection (e), such animal may be impounded and humanely euthanized.
(g)
The
owner or person having care, custody or control of a dangerous animal
must report the disposition and relocation of such animal to the local
animal control authority in writing within ten (10) days after the
expiration date for removal of such animal from the city.
(h)
The
local animal control authority shall be authorized to obtain a search
warrant if there is probable cause to believe that a dangerous animal
ordered removed from the city has not been so removed, or for any
other violation in which the Texas Code of Criminal Procedure authorizes
the issuance of search warrants.
(i)
Any
person who violates a provision of this article shall, upon conviction,
be punished by a fine in an amount not to exceed $500.00.
(Ordinance 1738-07 adopted 7/17/07; Ordinance
2271-22 adopted 5/3/2022)
