(a) 
A person is exempt from the requirements of this article if the person is caring for, treating, or transporting an animal for which the person holds a class A or class B dealer’s license or a class C exhibitor’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.
(b) 
This article does not refer to police dogs acting on the command of a police officer or as a result of training.
(Ordinance 401-08, sec. 6.02, adopted 7/15/08)
(a) 
A justice court, county court, or municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing such seizure:
(1) 
On the sworn complaint of any person, including the county attorney, the city attorney, or a peace officer, that the dog has caused the death of or serious bodily injury to a person by attacking, biting, or mauling a person; or
(2) 
On a showing of probable cause to believe that the dog caused the death of or serious bodily injury to the person as stated in the complaint.
(b) 
The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(Ordinance 401-08, sec. 6.03 adopted 7/15/08)
(a) 
The court shall set a time for a hearing to determine whether the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing must be held not later than the tenth day after the date on which the warrant is issued.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the dog or the harborer or the person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing.
(d) 
The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
(1) 
Its owner;
(2) 
The harborer;
(3) 
The person from whom the dog was seized; or
(4) 
Any other person authorized to take possession of the dog.
(e) 
The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to:
(1) 
Its owner;
(2) 
The harborer;
(3) 
The person from whom the dog was seized; or
(4) 
Any other person authorized to take possession of the dog.
(f) 
The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and:
(1) 
The dog was being used for the protection of a person or person’s property and:
(A) 
The attack, bite, or mauling occurred in an enclosure in which the dog was being kept;
(B) 
The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and
(C) 
The injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(2) 
The attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes;
(3) 
The dog was defending a person from an assault or a person’s property from damage or theft by the injured person; or
(4) 
The injured person was younger than eight years of age and:
(A) 
The attack, bite, or mauling occurred in an enclosure in which the dog was being kept; and
(B) 
The enclosure was reasonably certain to keep a person younger than eight years of age from entering.
(Ordinance 401-08, sec. 6.04, adopted 7/15/08)
The destruction of a dog under this article must be performed by:
(1) 
A licensed veterinarian;
(2) 
Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or
(3) 
Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(Ordinance 401-08, sec. 6.05, adopted 7/15/08)
Unless otherwise specified in this article, this article applies to any dog that causes a person’s death or serious bodily injury by attacking, biting, or mauling the person, regardless of whether the dog was provoked and regardless of where the incident resulting in the person’s death or serious bodily injury occurred.
(Ordinance 401-08, sec. 6.06, adopted 7/15/08)
(a) 
If a person reports an incident, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.
(b) 
An owner may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction no later than the fifteenth day after the date the owner is notified that a dog owned by the owner is a dangerous dog. An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county or municipal court.
(Ordinance 401-08, sec. 6.07, adopted 7/15/08)
(a) 
Not later than the thirtieth day after a person learns that the person owns a dangerous dog, the person shall:
(1) 
Register the dangerous dog with the animal control authority for the area in which the dog is kept;
(2) 
At all times restrain the dangerous dog on a leash in the immediate control of a person or in a primary enclosure or secure enclosure;
(3) 
Display in a conspicuous place on his/her premises a sign that is easily readable by the public using the words “Beware-Dangerous Animal.” The sign shall be no smaller than one square foot in total area, with alphabetic letters with no less than one inch in height. A similar easily readable sign with a total square area of 18 inches shall be posted on the enclosure or pen of such dangerous animal and posted on all entrances to the dwelling, building or structure.
(4) 
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 dangerous dog is kept; and
(5) 
Comply with any applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dangerous dog to the animal control authority not later than the thirtieth day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by section 2.03.007, that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(d) 
The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dangerous dog. The governing body of the municipality or county may prescribe the amount of the fees.
(e) 
The court shall order the animal control authority to humanely destroy the dangerous dog if the owner has not complied with subsection (a) before the eleventh day after the date on which the dangerous dog is seized or delivered to the animal control authority. The court shall order the animal control authority to return the dangerous dog to the owner if the owner complies with subsection (a) before the eleventh day after the date on which the dangerous dog is seized or delivered to the animal control authority.
(f) 
The court may order the humane destruction of a dangerous dog if the owner of the dangerous dog has not been located before the fifteenth day after the seizure and impoundment of the dangerous dog.
(g) 
For purposes of this article, a person learns that the person is the owner of a dangerous dog when:
(1) 
The owner knows of an attack;
(2) 
The owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under this chapter; or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog under this chapter.
(Ordinance 401-08, sec. 6.08, adopted 7/15/08)
An owner of a dangerous dog or dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure or secure enclosure for the animal, and the owner’s records relating to the animal, to ensure compliance with this article.
(Ordinance 401-08, sec. 6.09, adopted 7/15/08)
(a) 
An owner of a dangerous dog or dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by this chapter.
(b) 
Within ten days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition of the animal.
(Ordinance 401-08, sec. 6.10, adopted 7/15/08)
(a) 
An owner of a dangerous dog or dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal immediately after the attack.
(b) 
An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal.
(c) 
An owner of a dangerous dog or dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal.
(d) 
An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal’s escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape.
(Ordinance 401-08, sec. 6.11, adopted 7/15/08)
(a) 
The board by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that:
(1) 
Protects and enhances the public’s health and safety;
(2) 
Prevents escape by the animal; and
(3) 
Provides a safe, healthy, and humane environment for the animal.
(b) 
An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the board.
(c) 
An animal registration agency may approve a deviation from the caging requirements and standards established by the board only if:
(1) 
The animal registration agency has good cause for the deviation; and
(2) 
The deviation:
(A) 
Does not compromise the public’s health and safety;
(B) 
Does not reduce the total area of the primary enclosure below that established by the board; and
(C) 
Does not otherwise adversely affect the overall welfare of the animal involved.
(Ordinance 401-08, sec. 6.12, adopted 7/15/08)
(a) 
For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act relating to:
(1) 
Facilities and operations;
(2) 
Animal health and husbandry; and
(3) 
Veterinary care.
(b) 
An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal, documenting the animal’s veterinary care. An owner of a dangerous wild animal shall make the written log available to the animal registration agency or its agent on request. The log must:
(1) 
Identify the animal treated;
(2) 
Provide the date of treatment;
(3) 
Describe the type or nature of treatment; and
(4) 
Provide the name of the attending licensed veterinarian, if applicable.
(c) 
When transporting a dangerous wild animal, the owner of the dangerous wild animal, or a designated carrier or intermediate handler of the dangerous wild animal, shall comply with all transportation standards that apply to that dangerous wild animal under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments or the regulations adopted under that act.
(Ordinance 401-08, sec. 6.13, adopted 7/15/08)
Any person who is directly harmed or threatened with harm by a violation of this article or a failure to enforce this article may sue an owner of a dangerous wild animal to enjoin a violation of this article or to enforce this article. The city is not a proper party to such a suit and nothing in this article waives the city’s immunity from suit or liability.
(Ordinance 401-08, sec. 6.14, adopted 7/15/08)
(a) 
This article 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 this state if:
(A) 
The animal is used as an integral part of the circus performances; and
(B) 
The animal is kept within this state only during the time the circus is performing in this 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 in this state;
(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 and 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;
(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 a species survival plan of the American Zoo and Aquarium Association for that species; and
(B) 
An integral part of that species survival plan.
(12) 
A county west of the Pecos River that has a population of less than 25,000;
(13) 
A cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredations control activity.
(b) 
This article does not require a municipality that does not have an animal control office to create that office.
(Ordinance 401-08, sec. 6.15, adopted 7/15/08)
If two instances of any animal biting a human being have occurred within the city limits, then that animal is deemed to be a public nuisance and is prohibited from being present within the city limits or within 5,000 feet of the city limits. The animal must be removed from said prohibited areas within ten days of the second biting incident.
(Ordinance 401-08, sec. 6.16, adopted 7/15/08)