The city hereby adopts this article to regulate dangerous dogs and other animals within the corporate boundaries of the municipality. This article is adopted pursuant to and shall be construed in accordance with chapter 822, Texas Health and Safety Code. Chapter 822, Texas Health and Safety Code is hereby incorporated by reference.
(1995 Code, sec. 2.701; 2009 Code, sec. 2.03.001)
(a) 
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) 
Register the dangerous dog in accordance with this article with the animal control 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;
(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 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 dog is kept;
(4) 
Post signs on the premises where the dangerous dog is located to warn the public of the existence of a dangerous dog on the premises;
(5) 
Muzzle the dangerous dog any time it is out of its secure enclosure;
(6) 
Permit inspection of the secure enclosure and dangerous dog at all reasonable times by an agent of the municipality; and
(7) 
Comply with any other requirement imposed by the animal control authority in writing that is not breed specific and is more stringent than restrictions provided by this article and chapter 822 of the Health and Safety Code.
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, the municipal court finds, after notice and hearing as provided by section 822.0423 of the Health and Safety Code, 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 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 related to the seizure, acceptance, impoundment, or destruction of the dog. The amount of the fees are set forth in the fee schedule found in appendix A of this code and shall be set by the city council.
(e) 
The court shall order the animal control authority to humanely destroy 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 authority. The court shall order the authority 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 authority.
(f) 
The court may order the humane destruction 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 subsection (1) or (2) of the definition of “dangerous dog,” in section 3.01.001;
(2) 
The owner receives notice that the municipal court has found that the dog is a dangerous dog; or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog.
(1995 Code, sec. 2.702; 2009 Code, sec. 2.03.031)
(a) 
If a person reports an incident described by subsection (1) or (2) of the definition of “dangerous dog” in section 3.01.001, 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, 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 authority to the municipal court. An owner may appeal the decision of the municipal court in the same manner as appeal for other cases from the municipal court.
(1995 Code, sec. 2.703; 2009 Code, sec. 2.03.032)
(a) 
The court, on receiving a report on application under section 3.03.031(c), shall set a time for a hearing to determine whether the owner of the dog has complied with section 3.03.031(a). 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 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 in the manner provided for the appeal of cases from the municipal court.
(1995 Code, sec. 2.704; 2009 Code, sec. 2.03.033)
(a) 
An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility, as required by section 3.03.031(a)(3);
(B) 
Current rabies vaccination of the dangerous dog;
(C) 
The secure enclosure in which the dangerous dog will be kept; and
(D) 
Any other requirement imposed by the city under this article;
(2) 
Pays an annual registration fee provided for in the fee schedule found in appendix A of this code.
(b) 
The animal control authority 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 city animal control authority and the animal control authority [for the area] to which the dog was moved.
(d) 
An owner of a registered dangerous dog shall notify the animal control authority of any attacks the dangerous dog makes on people.
(1995 Code, sec. 2.705; 2009 Code, sec. 2.03.034)
(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 destroyed.
(d) 
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00. 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 municipality.
(1995 Code, sec. 2.706; 2009 Code, sec. 2.03.035)
(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 3.03.031.
(b) 
Except as provided by subsection (c) below, 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.
(1995 Code, sec. 2.707; 2009 Code, sec. 2.03.036)
(a) 
The municipal court shall order the animal control authority to seize a dog and shall issue a warrant authorizing the seizure:
(1) 
On the sworn complaint of any person, including 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 the person; and
(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.
(1995 Code, sec. 2.708; 2009 Code, sec. 2.03.037)
(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 10th 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 person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the 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 person from whom the dog was seized; or
(3) 
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 person from whom the dog was seized; or
(3) 
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, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and:
(A) 
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
(B) 
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 dog was not being used for the protection of a person or person’s property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;
(3) 
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;
(4) 
The dog was defending a person from an assault or person’s property from damage or theft by the injured person; or
(5) 
The injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering.
(1995 Code, sec. 2.709; 2009 Code, sec. 2.03.038)
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.
(1995 Code, sec. 2.710; 2009 Code, sec. 2.03.039)
Except as provided by section 3.03.038(f), 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.
(1995 Code, sec. 2.711; 2009 Code, sec. 2.03.040)