City of Teague, TX ARTICLE 2.500 REQUIREMENTS FOR OWNER OF DANGEROUS DOGS

§ 2.501

(a) Under this article, “dangerous dog” means a dog that:

(1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

(2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

(b) Under this article, “dog” means a domesticated animal that is a member of the canine family.

(c) Under this article, “secure enclosure” means a fenced area or structure that is:

(1) locked;

(2) capable of preventing the entry of the general public, including children;

(3) capable of preventing the escape or release of a dog;

(4) clearly marked as containing a dangerous dog; and

(5) in conformance with the requirements for enclosures established by the animal control officer.

(d) Under this article, “owner” means any person who owns or has custody of the dog.

(e) Not later than the 30^th day after a person learns that the person is the owner of a dangerous dog kept within the City of Teague, the person shall:

(1) register the dangerous dog with the animal control officer;

(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; and

(4) comply with any other applicable municipal or county regulation, requirement, or restriction on dangerous dogs.

(f) The owner of a dangerous dog who does not comply with subsection (e) shall deliver the dog to the animal control officer not later than the 30^th day after the owner learns that the dog is a dangerous dog.

(g) If, on application of any person, the municipal court finds, after notice and hearing as provided by subsections (l) and (m) that the owner of a dangerous dog has failed to comply with subsection (e) or (f), the municipal 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.

(h) The owner shall pay any cost or fee assessed by the animal control officer related to the seizure, impoundment, and destruction of the dog.

(i) The municipal court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection (e) before the 11^th day after the date on which the dog is seized or delivered to the animal control officer. The municipal court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (e) before the 11^th day after the date on which the dog is seized or delivered to the animal control officer.

(j) The municipal court may order the humane destruction of a dog if the owner of the dog has not been located before the 15^th day after the seizure and impoundment of the dog.

(k) 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 subsection (a)(1) or (2);

(2) the owner receives notice that the municipal court has found that the dog is a dangerous dog under subsection (1); or

(3) the owner is informed by the animal control officer that the dog is a dangerous dog under subsection (p).

(l) The municipal court, on application under subsection (g), 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 subsection (e) or (f). The hearing must be held not later than the 10^th day after the date on which the dog is seized or delivered.

(m) The municipal 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.

(n) Any interested person, including the city attorney, is entitled to present evidence at the hearing.

(o) An owner or person filing the action may appeal the decision of the municipal court in the manner provided for appeal of cases from the municipal court.

(p) If a person reports an incident described by subsection (a)(1) or (2), 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.

(q) An owner, not later than the 15^th day after the date the owner is notified under subsection (p) that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control officer 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.

(r) The animal control officer shall annually register a dangerous dog kept within the City of Teague if the owner:

(1) presents proof of:

(A) liability insurance or financial responsibility, as required by subsection (e)(3);

(B) current rabies vaccination of the dangerous dog; and

(C) the secure enclosure in which the dangerous dog will be kept; and

(2) pays an annual registration fee of $50.00.

(s) 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.

(t) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14^th day after the date of the sale or move, shall notify the animal control officer. On presentation by the current owner of the dangerous dog’s prior registration tag and payment of a fee of $25.00, the animal control authority shall issue a new registration tag to be placed on the dangerous dog’s collar.

(u) An owner of a registered dangerous dog shall notify the animal control officer of any attacks the dangerous dog makes on people.

(v) 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.

(w) An offense under subsection (v) shall be punishable as provided by Section 822.044 of the Texas Health and Safety Code.

(x) If a person is found guilty of an offense under subsection (v), the court may order the dangerous dog destroyed by a person listed in Article 2.600(j).

(y) In addition to criminal prosecution, a person who commits an offense under this article 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 section shall be retained by the City of Teague.

(z) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with subsection (e) or subsection (f).

(aa) An offense under subsection (z) shall be punishable as provided by Section 822.045 of the Texas Health and Safety Code.

(Ordinance 98-9-10 adopted 9/10/98)