It shall be unlawful for any owner’s animal to become a public nuisance animal. A “public nuisance animal” is any animal that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens or other persons to the enjoyment of life or property. The term “public nuisance animal” means and includes, but is not limited to, any animal that:
(1) 
Is repeatedly at large or stray;
(2) 
Damages property;
(3) 
Attacks, molests or intimidates humans or other animals;
(4) 
Chases vehicles;
(5) 
Excessively makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance or disturbance;
(6) 
Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort;
(7) 
Causes unsanitary conditions.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
(a) 
Upon discovery of an animal-related nuisance prohibited by this chapter, it shall be the duty of the animal control officer or other officer, employee, or agent of the city to give the owner of the animal and the property owner, as applicable, notice of the violation to be corrected within 10 days from receipt of such notice. The owner of real property shall be the owner listed on the most current tax rolls of the county appraisal district.
(b) 
A notice to abate shall be in writing, served upon the animal owner and property owner, as applicable, in person or addressed by letter to such owner at the owner’s post office address. The notice to abate shall be sent return receipt requested.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
A notice to abate a nuisance issued under the provisions of this article shall contain:
(1) 
An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;
(2) 
The location of the nuisance if the same is stationary;
(3) 
A description of what constitutes the nuisance;
(4) 
A statement of the acts necessary to abate the nuisance; and
(5) 
A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city will abate such nuisance and assess the cost thereof against such person.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
Should any animal owner or property owner fail to comply with the notice to abate given by the city, the city may proceed with enforcement of this article through its municipal court or may enter upon the property and take the necessary steps to abate such violations and prepare a statement of costs incurred in abatement thereof.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
When in the opinion of the animal control officer there is an actual and immediate danger to the public or occupants of premises caused by an animal-related nuisance on any private or public premises, the animal control officer is authorized and empowered, without notice or hearing, to order and require such nuisance abated. The animal control officer shall immediately post, in the case of private premises, warning of the dangerous condition and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
(a) 
Expenses incident to an abatement action by the city under this article, plus an additional service charge as set by the city to cover administrative costs, shall be assessed against the animal owner and/or property owner as applicable. An itemized bill of such costs shall be mailed by the city to each owner if the address is known. If a bill assessed against a property owner remains unpaid for a period of 30 days after the date of mailing, the mayor, animal control officer, or municipal official designated by the mayor shall file a statement of expenses with the county clerk.
(b) 
Upon filing a statement of expenses with the county clerk, a lien attaches to the property of the property owner upon which such expenses are incurred. The statement of expenses shall state the name of the owner, if known, and the legal description of the property. The lien obtained by the city is security for the expenditures made, together with interest as allowed by law. The lien is inferior only to tax liens and liens for street improvements.
(c) 
For any such debt and interest, the city may bring suit for foreclosure in the name of the city to recover the expenses and interest due. In such suits, the statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in abating the nuisance.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)
(a) 
In a prosecution for violations of any provision of this article, no culpable mental state shall be required. Any person violating any provision of this article shall, upon conviction, be punished under section 2.01.002(c)(6). Each day that a nuisance continues after the time for abatement shall constitute a separate offense. Upon conviction, the court shall order removal and abatement of the nuisance.
(b) 
Nothing in this article prohibits or limits the authority of the city to determine and abate a nuisance under other applicable ordinances of the city or county or state rules, regulations, or laws.
(Ordinance 276-08-08-26, art. V, adopted 8/26/08)