(a) 
Not later than the thirtieth (30) day after a person learns that such person owns a dangerous animal, that owner shall:
(1) 
Register the dangerous animal with the animal control authority;
(2) 
Restrain the dangerous animal 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 animal causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority.
(b) 
The owner of a dangerous animal who does not comply with subsection (a) shall deliver the animal to the animal control authority not later than the 30th day after the owner learns that the animal is a dangerous animal.
(c) 
If, on application of any person, the municipal court finds, after notice and hearing as provided by Health and Safety Code section 822.0423, that the owner of a dangerous animal has failed to comply with subsection (a) or (b), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in a secure and humane conditions.
(d) 
The owner shall pay any cost or fee assessed by the municipality related to the seizure, acceptance, impoundment, or destruction of the animal. City council will prescribe the amount of the fees in appendix A to this code.
(e) 
The court shall order the animal control authority to humanely destroy the animal if the owner has not complied with subsection (a) before the 11th day after the date on which the animal is seized or delivered to the authority, except that, the court may not order the destruction of an animal during the pendency of an appeal under sections 4.03.002(b) or 4.03.002(d). The court shall order the authority to return the animal to the owner if the owner complies with subsection (a) before the 11th day after the date on which the animal is seized or delivered to the authority.
(f) 
The court may order the humane destruction of an animal if the owner of the animal has not been located before the 15th day after the seizure and impoundment of the animal.
(g) 
For the purposes of this article, a person learns that the person owns a dangerous animal when the owner:
(1) 
Knows of an attack described in the definition of “dangerous animal” in section 4.01.001; or
(2) 
Is informed by the animal control authority that the animal is dangerous.
(Ordinance 324 adopted 1/13/16)
(a) 
If a person reports an incident described by the definition of “dangerous animal” in section 4.01.001, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority concludes the animal is dangerous, the animal control authority shall notify the owner in writing of the determination.
(b) 
An owner, not later than the fifteenth day after notification, may appeal a dangerous determination by the animal control authority to the municipal court or court of competent jurisdiction.
(c) 
To file an appeal under subsection (b), the owner must:
(1) 
File a notice of appeal of the animal control authority’s dangerous animal determination with the court;
(2) 
Attach a copy of the determination from the animal control authority; and
(3) 
Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.
(d) 
An owner may appeal the decision of the municipal court under subsection (b) in the manner described by section 822.0424 of the Texas Health and Safety Code. The court shall determine the estimated costs to house and care for the impounded animal during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(Ordinance 324 adopted 1/13/16)
(a) 
Owners of dangerous animals shall register their animals annually with the animal control authority by paying an annual fee as provided in appendix A to this code and presenting proof of:
(1) 
Insurance or financial responsibility, as required by section 4.03.001(a)(3) of this article;
(2) 
Current rabies vaccination of the dangerous animal; and
(3) 
The secure enclosure in which the dangerous animal will be kept.
(b) 
The animal control authority shall provide owners registering a dangerous animal a registration tag to attach to the animal’s collar.
(c) 
Anyone buying or moving into the city an animal already registered as dangerous in another jurisdiction shall notify the animal control authority not later than the 14th day after the date of purchase or move. Upon surrender of the animal’s registration tag from the other jurisdiction and payment of a transfer fee as provided in appendix A to this code, the animal control authority shall issue the owner a city tag to attach to the animal’s collar.
(d) 
An owner of an animal registered as dangerous shall notify the office in which the dangerous animal was registered of any attacks by the animal on people.
(1996 Code, sec. 10-35(b); Ordinance adopting Code)
(a) 
A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person outside the animal’s enclosure and causes bodily injury to the other person.
(b) 
An offense under this article is a class C misdemeanor, unless the attack causes serious bodily injury or death, when the offense is a class A misdemeanor.
(c) 
If a person is found guilty of an offense under this article, the municipal court may order the dangerous animal destroyed by an agency specified in V.T.C.A., Health and Safety Code section 822.004, as amended.
(Ordinance 324 adopted 1/13/16)
A defense to prosecution under section 4.03.004 or 4.03.005 of this article is that the person is:
(1) 
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 animal in connection with that position.
(2) 
An employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes.
(3) 
An animal/dog trainer or an employee of a guard animal/dog company under the Private Security Act (V.T.C.A. Occupations Code chapter 1702).
(Ordinance 324 adopted 1/13/16)
This division does not apply to:
(1) 
A county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity;
(2) 
A research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the Secretary of Agriculture of the United States under that act;
(3) 
An organization that is an accredited member of the American Zoo and Aquarium Association;
(4) 
An injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment;
(5) 
An injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under subchapter C, Chapter 43, Parks and Wildlife Code;
(6) 
A dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in the state if:
(A) 
The animal is used as an integral part of the circus performances; and
(B) 
The animal is kept within the state only during the time the circus is performing in the state or for a period not to exceed 30 days while the circus is performing outside the United States;
(7) 
A dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production;
(8) 
A dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university;
(9) 
A dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act;
(10) 
A nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities an who holds a class "A" or class "B" dealer's license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments; and
(11) 
A dangerous wild animal that is:
(A) 
Owned by or in the possession, control, or custody of a person who is a participant in the species survival plan of the American Zoo and Aquarium Association for that species; and
(B) 
An integral part of that species survival plan.
(Ordinance adopting Code)