(a) 
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person must:
(1) 
Register the dangerous dog with the animal control officer for the area in which the dog is kept;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(3) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 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 officer for the area in which the dog is kept; and
(4) 
Comply with an 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 dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, any court finds, after notice and hearing as provided in this article, that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. 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.
(d) 
The owner shall pay all costs and fees related to the seizure, acceptance, impoundment, or destruction of the dog. The city council shall establish the fees by separate ordinance.
(e) 
The court shall order the animal control officer to euthanize the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the animal control officer.
(f) 
The court may order the euthanizing of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(g) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in section 2.01.001;
(2) 
The owner receives notice that a justice court, county court, or municipal court has determined that the dog is a dangerous dog; or
(3) 
The owner is informed by the animal control officer that the dog is a dangerous dog under section 2.01.001.
(h) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure and dangerous dog must be identified with yellow designated dangerous dog collar provided by the police department.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.501; Ordinance 1194 adopted 5/3/16; Ordinance 1237 adopted 11/7/17)
(a) 
If a person reports an incident described by section 2.01.001, the animal control officer may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control officer determines the dog is a dangerous dog, it shall notify the owner of that fact.
(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 a justice, county, or municipal court of competent jurisdiction. 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 996 adopted 5/2/07; 2004 Code, sec. 2.502; Ordinance 1237 adopted 11/7/17)
(a) 
The city elects to be governed by Health and Safety Code section 822.0422 et seq.
(b) 
A person may report an incident described by section 2.01.001 to a municipal court, a justice court, or a county court. The owner of the dog shall deliver the dog to the animal control officer not later than the fifth day after the date on which the owner receives notice that the report has been filed. The animal control officer shall impound the dog in secure and humane conditions until the court orders the disposition of the dog.
(c) 
If the owner fails to deliver the dog as required by subsection (b), the court shall order the animal control officer to seize the dog and shall issue a warrant authorizing the seizure. 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 until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(d) 
The court shall determine, after notice and hearing as provided in this article, whether the dog is a dangerous dog.
(e) 
The court, after determining that the dog is a dangerous dog, may order the animal control officer to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under this section.
(f) 
The owner shall pay all costs and fees assessed by the city.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.503; Ordinance 1237 adopted 11/7/17)
(a) 
A municipal court, justice court, or county court, on receiving a report of an incident under section 2.07.003 or on receiving an application under this chapter, 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 2.07.001. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the dog or the person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(d) 
An owner or person filing the action may appeal the decision of the municipal court, justice court, or county court in the manner provided for the appeal of cases from the municipal, justice, or county court.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.504; Ordinance 1237 adopted 11/7/17)
(a) 
The animal control officer shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility, as required by section 2.07.001;
(B) 
Current rabies vaccination of the dangerous dog; and
(C) 
The secure enclosure in which the dangerous dog will be kept.
(2) 
Pays an annual registration fee established by city council.
(b) 
The animal control officer shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog’s collar.
(c) 
If an owner of a registered 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 dangerous dog’s prior tag and payment of a fee established by city council, the animal control officer shall issue a new tag to be placed on the dangerous dog’s collar.
(d) 
An owner of a registered dangerous dog shall notify the police department of any attacks the dangerous dog makes on people.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.505; Ordinance 1237 adopted 11/7/17)
(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 other 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.
(c) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog euthanized by a person listed in section 822.004 of the Health and Safety Code.
(d) 
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. 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 996 adopted 5/2/07; 2004 Code, sec. 2.506; Ordinance 1237 adopted 11/7/17)
(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 2.07.001 or section 2.07.002.
(b) 
Except as provided by subsection (c), an offense under this section is a class C misdemeanor.
(c) 
An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.507; Ordinance 1237 adopted 11/7/17)
(a) 
It is a defense to prosecution under section 2.07.006 or section 2.07.007 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.
(b) 
It is a defense to prosecution under section 2.07.006 or section 2.07.007 that 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 dogs for law enforcement or corrections purposes.
(c) 
It is a defense to prosecution under section 2.07.006 or section 2.07.007 that the person is a dog trainer or an employee of a guard dog company under chapter 1702, Occupations Code.
(Ordinance 996 adopted 5/2/07; 2004 Code, sec. 2.508; Ordinance 1237 adopted 11/7/17)