(a)
The
animal control officer may receive a report concerning a dangerous
dog. Such report and any supporting statement must be in writing and
sworn to.
(b)
The
animal control officer shall investigate all reports filed under this
section and may issue sworn reports based on the animal control authority’s
investigation or observation.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
If a person reports an incident described by section 2.08.001, the animal control officer shall investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, the animal control officer shall notify the owner in writing of the determination.
(b)
An
owner, not later than the 15th day after the date the owner is notified
that a dog owned by the owner is a dangerous dog, may appeal the determination
of the animal control officer to the municipal court.
(c)
To file an appeal under subsection (b), the owner must:
(1)
File a notice of appeal of the animal control officer’s dangerous
dog determination with the court;
(2)
Attach a copy of the determination from the animal control officer;
and
(3)
Serve a copy of the notice of appeal on the animal control officer
by mailing the notice through the United States Postal Service.
(e)
If the owner fails to deliver the dog as required by subsection (d), the court shall issue a warrant authorizing the seizure of the dog. 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. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog. The governing body of the city may prescribe the amount of the fees.
(Ordinance 1136-2017 adopted 2/14/17)
For purposes of this chapter, a person learns he or she is the owner of a dangerous dog and is subject to the requirements in section 2.08.004 upon the occurrence of any of the following:
(1)
The owner knows of an attack described in the definition of dangerous dog found in section 2.08.001 [2.01.001];
(2)
The
owner is notified by the animal control officer that the dog is a
dangerous dog; or
(3)
The
owner is notified by the municipal court that the court has upheld
the animal control officer’s determination that the dog is a
dangerous dog.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
Not
later than the 30th day after a person learns that the person is the
owner of a dangerous dog:
(1)
The person shall:
(A)
Register the dangerous dog with the animal control authority for
the city;
(B)
Restrain the dangerous dog at all times on a leash in the immediate
control of a person capable of controlling the dangerous dog or in
a secure enclosure;
(C)
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 and
provide proof of the required liability insurance coverage or financial
responsibility to the animal control authority for the area in which
the dog is kept; and
(D)
Comply with all other applicable city regulations, requirements,
or restrictions on dangerous dogs; or
(2)
The person shall deliver the dog to the animal control authority
and the animal control authority shall provide for the impoundment
of the dog in humane and secure conditions.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
Any person may make a sworn application to the municipal court that the owner of a dangerous dog has failed to comply with section 2.08.004 or that a dangerous dog has attacked a person or another animal.
(b)
Upon
the filing of a sworn application under this section, the court shall
order the animal control officer to seize the dangerous dog and shall
issue a warrant authorizing the seizure. The animal control officer
shall seize the dangerous dog or order its seizure and shall provide
for the impoundment of the dangerous dog in secure and humane conditions.
The owner may be ordered to pay any cost or fee assessed by the city
related to the seizure, acceptance, impoundment, or destruction of
the dangerous dog. The governing body of the city may prescribe the
amount of the fees.
(c)
If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous dog has failed to comply with section 2.08.004 or that the dangerous dog has attacked a person or another animal, the municipal court shall order the animal control officer to humanely destroy the dangerous dog or that the dangerous dog be permanently removed from the city. The court shall also order the owner of the dangerous dog to pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and destruction of the dangerous dog due to the sworn complaint filed under this section.
(d)
If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous dog has not failed to comply with section 2.08.004 and that the dangerous dog has not attacked a person or a domesticated animal, the municipal court shall order that the animal control officer immediately release the dangerous dog to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the dangerous dog due to the sworn complaint filed under this section.
(e)
Notwithstanding any other law or local regulation, a dangerous dog shall not be destroyed during the pendency of an appeal under section 2.08.007.
(f)
If
the owner of a dangerous dog seized due to a sworn application filed
under this section cannot be located before the 15th day after the
seizure and impoundment of the dangerous dog, the dangerous dog shall
be considered abandoned and the city shall be deemed the owner of
the dangerous dog. The court may order the humane destruction of a
dangerous dog abandoned under this section upon application of the
animal control authority, without a hearing.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
The court, on receiving notice of appeal under section 2.08.002(b) or a sworn application under section 2.08.005(a), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with section 2.08.004 or has attacked a person or a domesticated animal. A hearing under this section must be held not later than the 10th day after the date on which the dog is seized or delivered.
(c)
Any
interested party, including the city attorney, is entitled to present
evidence at the hearing.
(d)
The
court shall determine the estimated costs to house and care for the
impounded dog during any appeal process and shall set the amount of
bond for an appeal adequate to cover those estimated costs.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
A party to an appeal under section 2.08.002(b) or a hearing on an application filed under section 2.08.005(a) may appeal the decision to a county court or county court at law in the county in which the municipal court is located and is entitled to a jury trial on request.
(b)
As
a condition of perfecting an appeal, not later than the 10th calendar
day after the date the decision is issued by the municipal court,
the appellant must file a notice of appeal and, if applicable, an
appeal bond in the amount determined by the municipal court from which
the appeal is taken.
(c)
Notwithstanding section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under subsection (a) is not required to file a motion for a new trial to perfect an appeal.
(d)
Notwithstanding
any other law, a county court or a county court at law has jurisdiction
to hear an appeal filed under this section.
(e)
A
decision of a county court or county court at law under this section
may be appealed in the same manner as an appeal for any other case
in a county court or county court at law.
(Ordinance 1136-2017 adopted 2/14/17)
(b)
The
city shall provide to the owner registering a dangerous dog a registration
tag. The owner of the dangerous dog shall attach the current registration
tag to a collar or harness that is worn at all time by the dangerous
dog.
(c)
If
an owner of a registered dangerous dog sells or moves the dangerous
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
of the new address. On presentation by the new owner of the dangerous
dog’s prior registration tag and payment of dangerous dog registration
transfer fee, the city shall issue a new registration tag.
(d)
An
owner of a dangerous dog shall notify the animal control officer of
any attacks the dangerous dog makes on people or other animals.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
A
dangerous dog ordered to be removed from the city under this chapter
must be removed from the city within ten (10) days of the date of
the order.
(b)
It
shall be unlawful for a person to harbor, keep, or have possession
of a dangerous dog previously ordered to be removed from the city
under this chapter within the corporate limits of the city.
(c)
The
animal control officer or any officer enforcing this chapter shall
seize any dangerous dog that has been ordered to be removed from the
city that is found to be at any location within the corporate limits
of the city and shall provide for the impoundment of the dangerous
dog in humane and safe conditions.
(d)
Upon
application by the animal control officer, without a hearing, the
court shall order that a dangerous dog be humanely destroyed if it
was previously ordered to be removed from the city and is later found
to be in the city.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
A
person commits an offense if the person is the owner of a dangerous
dog and the dangerous dog makes an unprovoked attack on another person
outside the dangerous dog’s enclosure and causes bodily injury
to the other person.
(b)
An
offense under this section is a class C misdemeanor.
(c)
If
a person is found guilty of an offense under this section, the court
may order the dangerous dog humanely destroyed by the animal control
officer.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 2.08.004 or any other applicable city regulation relating to dangerous dogs.
(b)
An
offense under this section is a class C misdemeanor.
(c)
If
a person is found guilty of an offense under this section, the court
may order the dangerous dog humanely destroyed by the animal control
officer.
(Ordinance 1136-2017 adopted 2/14/17)
(a)
It is a defense to prosecution under section 2.08.010 or section 2.08.011 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.
(Ordinance 1136-2017 adopted 2/14/17)
