No person shall keep, own or harbor a vicious animal within the City of Panhandle. Such an animal shall be impounded as a public nuisance. If impoundment of said vicious animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a vicious animal on the premises of the owner or harborer, and impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours notice that if the said animal is not surrendered to the animal control officer for impoundment within said twenty-four (24) hour period, then the animal will be destroyed whenever it is found off the owners or harborer’s property. After this notice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this article may be verbal or in writing. A written notice left at the entrance to the premise where the vicious animal is harbored will be considered valid notice under this article.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-32)
(a) 
Any animal that, when unprovoked, inflicts injury or death to a person, or bites or attacks a person on public or private property; or
(b) 
Any animal that has killed or severely injured a domestic animal without provocation while off the owner’s property; or
(c) 
Any animal which, when unprovoked, chases or approaches a person upon the street, sidewalk, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or
(d) 
Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threatened the safety of a person or domestic animals.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-33)
(a) 
An animal is automatically declared to be a vicious animal under Section 2.802(a) and (b).
(b) 
The animal control officer may find and declare an animal to be a vicious animal if the animal control officer has probable cause to believe that an animal is a vicious animal under Section 2.802(c) or (d).
(c) 
Upon receipt of an affidavit of complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements, or made by the animal control officer setting forth the nature and the date of the act, the location of the event, the owner of the animal, the address of the owner, and the description of the animal doing such act, the animal control officer or its agent shall investigate the complaint and may determine that an animal is vicious under Section 2.802(c) or (d).
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-34)
(a) 
Within five (5) working days of declaring an animal vicious, the animal control officer will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a vicious animal.
(b) 
If the animal is declared to be vicious under Section 2.802(c) or (d), the notice shall inform the owner of the animal that a determination hearing may be requested to contest the declaration. The request for a determination hearing must in writing and must be received by the City of Panhandle no later than five (5) working days from receipt by the owner of the vicious animal declaration. Failure to appeal the notice of declaration of vicious animal within five (5) working days shall result in the declaration of a final determination of the animal as a vicious animal.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-35)
(a) 
Upon the written request for a determination hearing by the owner of an animal declared vicious under Section 2.802(c) or (d), the animal control officer and city manager shall schedule said hearing before the Panhandle Municipal Judge. The determination hearing shall be conducted within ten (10) working days of receipt of the request for such hearing.
(b) 
The owner shall be notified of said hearing by certified mail, return receipt requested. Failure of the owner of the animal to appear at the determination hearing shall result in the animal control officer’s declaration as final. Pending the outcome of the determination hearing, the animal must be securely confined in a humane manner with a licensed veterinarian, or in the Panhandle Animal Shelter. The cost of securing said animal pending the determination hearing shall be borne by the owner.
(c) 
The Panhandle Municipal Judge shall determine whether to declare the animal to be a vicious animal under this article based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, animal control officer, police or any other person possessing information pertaining to such determination. The Panhandle Municipal Judge shall issue finding within five (5) working days after the determination hearing.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-36)
It is a defense to the determination of an animal as vicious and to the prosecution of the owner of an animal previously declared to be vicious:
(1) 
If the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or
(2) 
If the person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed, or reported to have teased, tormented, abused or assaulted the animal; or
(3) 
If the person was committing or attempting to commit a crime; or
(4) 
If the domestic animal killed was at the time teasing, tormenting, abusing or assaulting the animal; or was trespassing on property where it did not belong; or
(5) 
If the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or
(6) 
If the animal was injured and responding to pain.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-37)
(a) 
In the event that the animal is determined to be vicious, the municipal court judge shall order the animal to be euthanized in a safe and humane manner by a veterinarian or at the Panhandle Animal Shelter by a trained euthanasia technician.
(b) 
The Panhandle Municipal Judge may find that the animal in question is “potentially dangerous” but not vicious. If the animal is declared potentially dangerous, the owner must adhere to the following requirements:
(1) 
The animal must be licensed in accordance with this article; and
(2) 
The potentially dangerous animal must be kept in a proper enclosure; and
(3) 
The owner must present to the animal control officer or its agent a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00) to cover any damages caused by the potentially dangerous animal. The insurance shall be for a twelve (12) month period renewable each year and shall not be cancelled unless the animal is no longer kept by the owner or the animal is no longer kept in the city limits of Panhandle; and
(4) 
The potentially dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the potentially dangerous animal, nor interfere with its vision or respiration but shall prevent it from biting any person or other animal; and the potentially dangerous animal must be restrained by a substantial chain or leash having a minimum tensile strength of one thousand pounds (1,000) and not to exceed six (6) feet in length; and
(5) 
The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a potentially dangerous animal; and
(6) 
The potentially dangerous animal must be altered (spayed or neutered); and
(7) 
Further identification may be required and designated by the animal control officer.
(c) 
If the owner of an animal declared to be potentially dangerous under this article is unable or unwilling to comply with ownership requirements listed above, the animal shall be euthanized at the Panhandle Animal Shelter by a trained euthanasia technician or a licensed veterinarian. An animal declared to be potentially dangerous under this article shall not be offered for adoption or sale.
(d) 
In the event the municipal court judge rules the animal in question is neither vicious nor potentially dangerous, said animal shall be returned to or released to its owner provided that the owner has paid all costs involved in the impoundment, holding and medical treatment of said animal as well as any other requirements of this article.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-38)
The owner/keeper shall notify the animal control officer within twenty-four hours (24) hours if a potentially dangerous animal is loose, unconfined, has attacked another animal, has attacked a person, has died, or has been sold or given away. The owner/keeper shall provide the animal control officer with the name, address and telephone number of the new owner/keeper. The new owner/keeper must sign a sworn statement that he/she will comply with all requirements of owners of potentially dangerous animals. The new owner/keeper must comply with the requirements within ten (10) days of acquiring ownership of a potentially dangerous animal.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-39)
(a) 
The owner of an animal declared vicious under Section 2.803 shall be subject to a fine in accordance with the general penalty provision in Section 1.109 of this code.
(b) 
It shall be a violation of this article for a vicious or potentially dangerous animal to kill or wound, or assist in killing or wounding any domestic animal belonging to or in the possession of any person, or for a vicious animal to attack, assault, bite or otherwise injure any person while out or within the enclosure of the owner whether or not such vicious or potentially dangerous animal escaped without fault of the owner. The animal control officer is empowered to confiscate and destroy such vicious or potentially dangerous animal in a expeditious and humane manner. In addition, the owner shall be subject to a fine in accordance with the general penalty provision in Section 1.109 of this code.
(c) 
It shall be a violation of this article for the owner of a vicious or potentially dangerous animal to:
(1) 
Fail to have the vicious or potentially dangerous animal licensed in accordance with this article; or
(2) 
Have a vicious or potentially dangerous animal outside the enclosure unless muzzled and restrained on a leash or chain as set out in Section 2.807; or
(3) 
Fail to have a proper enclosure to confine the vicious or potentially dangerous animal; or
(4) 
Fail to post signs around the premises with clearly visible warning signs that there are vicious or potentially dangerous animals on the premises; or
(5) 
Fail to secure and maintain public liability insurance of at least one hundred thousand dollars ($100,000.00) as required by Section 2.807(b)(3) of this article; or
(6) 
Fail to have the vicious or potentially dangerous animal altered (neutered or spayed); or
(7) 
Fail to notify the animal control officer of a change of status as set out in Section 2.808.
(d) 
If the owner of the vicious or potentially dangerous animal is found to be in violation of any of the above, the owner shall be subject to a fine in accordance with the general penalty provision in Section 1.109 of this code.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-40)
The provisions under this article shall not apply to any law enforcement agency where an animal is being used for law enforcement.
(1993 Code of Ordinances, Chapter 3, Article 5, Sec. 3-41)