(a) 
If the local health authority has cause to believe that a dog is a dangerous dog, including when a person reports an incident described by the definition of dangerous dog as provided in section 2.01.001, the local health authority may find and declare such dog a dangerous dog.
(b) 
Within three (3) days of declaring a dog dangerous, the local health authority will notify the person owning the dog of its designation as a dangerous dog and provide him a copy of this article. The notification to the owner will be in writing and provided in person or through certified mail. The local health authority shall also notify the city secretary, fire department, and police department of the designation of any dog as a dangerous dog. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning the dog.
(c) 
The notice shall inform the owner of the dog that he may request, in writing, an appeal of the dangerous dog determination to the city municipal court within fifteen (15) days from the receipt of the certified mail or date of the personal notification of the dangerous dog declaration to contest the finding and designation.
(Ordinance 1142, sec. IV, adopted 11/7/13)
(a) 
Appeals from the local health authority’s determination that a dog is dangerous will be heard by the municipal court. Upon notice of appeal as prescribed in this article, the municipal court will hear the case at the next regular trial setting after the request for appeal.
(b) 
The appeal is a civil proceeding for the purpose of affirming or reversing the local health authority’s determination of dangerousness. If the dog has been impounded, the municipal court judge may waive any and all fees associated with the impoundment and release of the dog to its owner upon reversal of the local health authority’s determination.
(Ordinance 1142, sec. IV, adopted 11/7/13)
Alternatively, the city herein elects to make available an alternative determination and processing of a dangerous dog pursuant to section 822.0422, Texas Health and Safety Code, commencing with making a report of an incident meeting the definition of dangerous dog as defined herein to the city municipal court and following the procedure set forth therein.
(Ordinance 1142, sec. IV, adopted 11/7/13)
(a) 
The municipal court shall conduct a hearing on a report of an incident under section 822.0422, Texas Health and Safety Code, or a violation of section 2.05.005 (requirements for owner of a dangerous dog) herein, within ten (10) days after the date on which the dog is seized by the local health authority or delivered by its owner to the local health authority.
(b) 
After determining that the dog is a dangerous dog, the municipal court shall order the local health authority to continue to impound the dangerous dog in a secure and humane condition until such time as:
(1) 
The court orders disposition of the dog and the dog is returned to the owner;
(2) 
The court orders disposition of the dog and the dog is thereby humanely destroyed; or
(3) 
The dog is deceased.
(c) 
The court shall order the local health authority to humanely destroy the dog if the court determines after notice and hearing that the owner has not complied with the dangerous dog requirements in section 2.05.005 (requirements for owner of a dangerous dog) before the 11th day after the date the dog was seized by the local health authority or delivered to the local health authority. The court shall order the authority to return the dog to the owner if the owner has fully complied with section 2.05.005 before the 11th day after the date on which the dog was seized or delivered to the local health authority, either after a hearing or without a hearing, based on the recommendation of the local health authority that the owner has complied with section 2.05.005.
(d) 
The owner may appeal the decision of the court by following the appropriate procedures for appeal of a decision of municipal court.
(1) 
During the appeal period, the dog shall remain in the custody, care and control of the local health authority.
(2) 
If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog’s impoundment fees during the period the case was being appealed.
(e) 
The local health authority may, at their option, request the owner of a dangerous dog to show proof, on a quarterly basis, of compliance with section 2.05.005. If the local health authority determines that the owner of a dangerous dog has failed to comply with any requirement listed in section 2.05.005(a) and (b) (requirements for owner of a dangerous dog), the local health authority shall issue notice of noncompliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the local health authority.
(f) 
If the local health authority is not in receipt of the dog within forty-eight (48) hours after delivery of the notice of noncompliance, then the court shall order the local health authority or his designee to seize the dog and the court shall issue a warrant authorizing the seizure. The local health authority shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions. After the expiration of three (3) days, if the owner of the dangerous dog has not sufficiently presented proof to the local health authority that he or she is in compliance with section 2.05.005, the local health authority shall refer the case to the municipal court for notice and hearing as provided in this section.
(Ordinance 1142, sec. IV, adopted 11/7/13)
(a) 
If the owner of a dog that has been determined dangerous by the local health authority elects not to appeal the decision pursuant to section 2.05.002 or section 2.05.004, the owner shall comply with the requirements listed in this section no later than thirty (30) days after the owner learns that the dog is a dangerous dog. If the owner of a dog that has been determined dangerous appeals that decision to the municipal court, such owner shall comply with the requirements of this section within thirty (30) days after such determination by the municipal court. An owner of a dangerous dog shall comply with the following requirements:
(1) 
Register the dangerous dog with the local health authority 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; and
(3) 
Obtain liability insurance coverage or show financial responsibility in the amount specified by state law to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof to the local health authority.
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the local health authority not later than the 30th day after the owner learns that the dog is dangerous.
(c) 
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 described in section 822.041(2)[, Texas Health and Safety Code] and in the definitions as provided herein;
(2) 
The owner is informed by the local health authority that the dog is a dangerous dog; or
(3) 
A determination is made by the municipal court that the dog is a dangerous dog.
(Ordinance 1142, sec. IV, adopted 11/7/13)
In the event that an enforcement officer determines that a dog is dangerous and presents an immediate and imminent threat to the health and safety of the public or other animals, he is authorized to immediately impound the dog and keep the dog impounded through the pendency and resolution of the hearing provided for in section 2.05.002.
(Ordinance 1142, sec. IV, adopted 11/7/13)