(a) A person
may report a dangerous incident involving an animal to the animal
control officer. The report must be in writing and made under oath,
and the report must include the following:
(1) Name,
address, and telephone number of complainant and other witnesses;
(2) Date,
time, and location of the incident forming the basis of the report;
(3) Description
of the animal(s) involved in the incident;
(4) Name,
address, and telephone number of the animal owner, if known;
(5) A
statement of facts upon which such report or application is based;
(6) A
statement addressing whether the animal has exhibited dangerous propensities
in past conduct, if known;
(7) Any
other relevant facts or circumstances; and
(8) A
Texas state notary stamp and signature.
(b) The
animal control officer, upon receipt of a report filed under this
section or upon learning of a dangerous incident, shall investigate
the dangerous incident and may issue sworn reports based on the animal
control officer's investigation or observation.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) If,
after performing an investigation of a dangerous incident and receiving
the sworn statements of any witnesses, the animal control officer
determines the animal is a dangerous animal, the animal control officer
shall notify the owner in writing of the determination.
(b) An owner, not later than the 15th day after the date the owner is notified that an animal owned by the owner is a dangerous animal, may appeal the determination of the animal control officer to the municipal court of the city. Upon the filing of an appeal under this section, the municipal court of the city shall schedule a hearing on the appeal in accordance with section
6-191.
(c) To file an appeal under subsection
(b), the owner must:
(1) File
a notice of appeal of the animal control officer's dangerous animal
determination with the clerk of the municipal court of the city, which
must include the name, address, and phone number of the owner;
(2) Attach
a copy of the determination from the animal control officer; and
(3) Serve
a copy of the notice of appeal on the animal control officer by mailing
the notice through the United States Postal Service.
(d) An appeal filed under subsection
(b) shall be considered effective on the date it is postmarked by the United States Post Office or hand-delivered to the clerk of the municipal court of the city.
(e) Upon filing an appeal under subsection
(b), the owner shall immediately deliver the animal to the animal control officer, and the city shall provide for the impoundment of the animal in secure and humane conditions pending an order of disposition from the municipal court of the city. The owner shall be responsible for costs in accordance with the city fee schedule. In the event that the animal cannot be impounded at the city animal shelter, the owner shall be responsible for the costs incurred by the city to impound the animal elsewhere. With respect to an animal that is not a “dangerous dog” as defined by section 822.041, Texas Health and Safety Code, as amended, and has not caused the death or serious bodily injury of a person, the animal control officer may issue written approval for the owner to retain the animal pending an order of disposition from the municipal court, subject to certain requirements indicated in section
6-189(a)(1)a, b, c, f and h, following the animal control officer’s inspection of the enclosure and equipment used to restrain the animal.
(f) If the owner fails to comply with subsection
(e), the court shall issue a warrant authorizing the seizure of the animal. The animal control officer shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the animal. Costs shall be assessed in accordance with the city fee schedule. In the event that the animal must be impounded but cannot be impounded at the city animal shelter, the owner shall be responsible for the costs incurred by the city to impound the animal elsewhere. The animal shall remain impounded pending an order of disposition from the municipal court of the city.
[Ord. No. 1440-21, § 1, 10-25-2021; Ord.
No. 1465-22 adopted 12/12/2022]
For purposes of this division, a person learns he or she is the owner of a dangerous animal and is subject to the requirements in section
6-189 upon the occurrence of any of the following:
(1) The
owner knows of a dangerous incident involving the animal;
(2) The
owner is notified by the animal control officer that the animal is
a dangerous animal; or
(3) The
owner is notified by the municipal court that the court has upheld
the animal control officer's determination that the animal is a dangerous
animal.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) Not
later than the 30th day after a person learns that the person is the
owner of a dangerous animal:
(1) The
person shall:
a. Register
the animal with the animal control officer for the city and maintain
current registration at all times;
b. Restrain
the animal in a secure enclosure that is clearly marked as containing
a dangerous animal and inspected and approved by the animal control
officer;
c. Not
permit the animal to be outside the secure enclosure unless the animal
is muzzled, in a manner that will not cause injury to the animal or
interfere with its vision or respiration but shall prevent it from
biting any person or animal, and restrained by a substantial chain
or leash, no longer than six feet in length, and a capable person
is in immediate physical control of the leash;
d. Obtain
and maintain liability insurance coverage that includes coverage for
animal attacks in an amount of at least $100,000.00 to cover damages
resulting from an attack by the animal and provide proof of the required
liability insurance coverage animal control officer;
e. Present
proof to the animal control officer that the animal has been sterilized
so as to prevent reproduction;
f. Pay
any cost or fee assessed by the city in the amount set by the city
council that is related to the seizure, acceptance, impoundment, compliance
inspection or re-inspection, or destruction of the animal;
g. Microchip
the animal and register the animal for its life with a national registry,
and present proof to the animal control officer;
h. Provide
the animal with a fluorescent yellow collar visible at 50 feet in
normal daylight; and
i. Comply
with all applicable regulations, requirements, and restrictions on
dangerous animals; or
(2) The
person shall deliver the animal to the animal control officer and
the animal control officer shall provide for the impoundment of the
animal in humane and secure conditions.
(b) Once in compliance with subsection
(a), the owner of a dangerous animal shall maintain compliance with subsection
(a) at all times thereafter.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) Any person may make a sworn application to the municipal court of the city that the owner of a dangerous animal has failed to comply with section
6-189 or that a dangerous animal has attacked a person or another animal. Upon the filing of a sworn application under this section, the municipal court of the city shall schedule a hearing on the application in accordance with section
6-191.
(b) A sworn
application under this section must include:
(1) Name,
address, and telephone number of complainant and other witnesses;
(2) Date,
time, and location of the incident forming the basis of the report;
(3) Description
of the animal(s) involved in the incident;
(4) Name,
address, and telephone number of the animal owner, if known;
(5) A
statement of facts upon which the application is based;
(6) A
statement addressing whether the animal has exhibited dangerous propensities
in past conduct, if known;
(7) Any
other relevant facts or circumstances; and
(8) A
Texas state notary stamp and signature.
(c) Upon
the filing of a sworn application under this section, the municipal
court of the city shall order the animal control officer to seize
the dangerous animal and shall issue a warrant authorizing the seizure.
The animal control officer shall seize the dangerous animal or order
its seizure and shall provide for the impoundment of the dangerous
animal in secure and humane conditions. The owner may be ordered to
pay any cost or fee assessed by the city related to the seizure, acceptance,
impoundment, or destruction of the dangerous animal. The governing
body of the city may prescribe the amount of the fees. The dangerous
animal shall remain impounded pending an order of disposition from
the municipal court of the city.
(d) If, after a hearing on an application filed under this section, the municipal court of the city finds that the owner of the dangerous animal has failed to comply with section
6-189 or that the dangerous animal has attacked a person or another animal, the municipal court of the city shall order the animal control officer to humanely destroy the dangerous animal, that the dangerous animal be permanently removed from the city, or that the dangerous animal be returned to the owner upon proof of compliance with all of the requirements of section
6-189. No dangerous animal shall be ordered returned to its owner more than one time. The court may also order the owner of the dangerous animal to pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and destruction of the dangerous animal due to the sworn complaint filed under this section.
(e) If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous animal has not failed to comply with section
6-189 and that the dangerous animal has not attacked a person or another animal, the municipal court shall order that the animal control officer immediately release the dangerous animal to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the dangerous animal due to the sworn complaint filed under this section.
(f) A dangerous animal ordered to be humanely destroyed or permanently removed from the city shall remain impounded until the dangerous animal is humanely destroyed or until the owner reclaims the dangerous animal under subsection
6-195(a).
(g) Notwithstanding any other law or local regulation, a dangerous animal shall not be destroyed during the pendency of an appeal under section
6-192.
(h) If the
owner of a dangerous animal seized due to a sworn application filed
under this section cannot be located within 15 days after the seizure
and impoundment of the dangerous animal, the dangerous animal shall
be considered abandoned and the city shall be deemed the owner of
the dangerous animal. The court shall order the humane destruction
of a dangerous animal abandoned under this section upon application
of the animal control officer, without a hearing.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) The municipal court of the city, on receiving notice of appeal under subsection
6-187(b) or a sworn application under subsection
6-190(a), shall set a time for a hearing to determine whether the animal is a dangerous animal or whether the owner of the animal has complied with section
6-189 or the dangerous animal has attacked a person or another animal. A hearing under this section must be held not later than the tenth day after the date on which the animal 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 animal or the person from whom the animal was seized
or who delivered the animal;
(2) The
person who made the report or filed the application; and
(3) The
animal control officer.
(c) Any
interested party, including the city attorney, is entitled to present
evidence at the hearing.
(d) At a
hearing under this section, the court shall determine the estimated
costs to house and care for the impounded animal during any appeal
process and shall set the amount of bond for an appeal adequate to
cover those estimated costs.
(e) An owner or the person who made the report or filed the application may appeal the decision of the municipal court of the city at a hearing under this section in the manner described by section
6-192.
(f) An animal that is the subject of a proceeding under this division shall remain impounded in accordance with section
6-187(e) throughout the pendency of any appeal of a determination or order under this division.
[Ord. No. 1440-21, § 1, 10-25-2021; Ord.
No. 1465-22 adopted 12/12/2022]
(a) A party to an appeal under subsection
6-187(b) or a hearing on an application filed under subsection
6-190(a) may appeal the decision to a county court or county court at law in the county in which the municipal court is located and is entitled to a jury trial on request.
(b) As a
condition of perfecting an appeal, not later than the tenth calendar
day after the date the decision is issued by the municipal court,
the appellant must file a notice of appeal and, if applicable, an
appeal bond in the amount determined by the municipal court from which
the appeal is taken.
(c) Notwithstanding V.T.C.A., Government Code § 30.00014, or any other law, a person filing an appeal from a municipal court under subsection
(a) is not required to file a motion for a new trial to perfect an appeal.
(d) Notwithstanding
any other law, a county court or a county court at law has jurisdiction
to hear an appeal filed under this section.
(e) A decision
of a county court or county court at law under this section may be
appealed in the same manner as an appeal for any other case in a county
court or county court at law.
[Ord. No. 1440-21, § 1, 10-25-2021]
All required notices under this division shall be personally
delivered or deposited with the United States Postal Service, sent
certified mail, return receipt requested. When the city mails a notice
in accordance with this section and the United States Postal Service
returns the notice as "refused" or "unclaimed," the validity of the
notice is not affected, and the notice is considered delivered.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) The
animal control officer shall annually register a dangerous animal
if the owner:
(1) Presents proof satisfactory to the animal control officer showing compliance with all the requirements contained in subsection
6-189(a)(1);
(2) Presents
proof of current rabies vaccination of the dangerous animal, if required
by this chapter; and
(3) Pays
the annual registration fee of $100.00.
(b) The
animal control officer shall provide to the owner registering a dangerous
animal a registration tag. The owner of the dangerous animal shall
attach the current registration tag to the yellow fluorescent collar
that is worn by the dangerous animal. The current registration tag
shall be displayed on the dangerous animal in this manner at all times.
The registration of a dangerous animal shall be valid for one year
from the date of issuance.
(c) If an
owner of a dangerous animal sells or moves the dangerous animal to
a new address, whether in the city or not, the owner, not later than
the tenth day after the date of the sale or move, shall notify the
animal control officer of the new address.
(d) If the
owner of a dangerous animal sells or gives a dangerous animal to another
person, the owner shall notify the other person at the time of the
sale or gift that the animal has been determined to be a dangerous
animal.
(e) A person who buys or receives a dangerous animal and continues to keep the animal in the city must register the animal within ten days after receiving the animal. The new owner shall be issued a registration tag upon compliance with the requirements of subsection
(a).
(f) An owner
of a dangerous animal shall notify the animal control officer of any
attack the dangerous animal makes on a person or another animal within
five days of the attack.
(g) An animal,
which has been deemed dangerous in another jurisdiction, shall not
be maintained, kept, or harbored in the city.
(h) In the
event a dangerous animal dies, the owner of the animal shall provide
proof to the animal control officer or present written verification
by a licensed veterinarian sufficient to verify the identity of the
deceased animal as a dangerous animal.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) The
owner of a dangerous animal that is ordered to be permanently removed
from the city must provide to the animal control officer the plan
for removal of the dangerous animal from the city and the name, address,
and phone number for the place where the dangerous animal will be
relocated outside of the city before the dangerous animal will be
released to the owner. Upon receipt of the required information, the
animal control officer shall release the dangerous animal to the owner
to be removed from the city. A dangerous animal ordered to be permanently
removed from the city must be removed from the city within ten days
of the date of the order.
(b) If the owner does not provide the information required by subsection
(a) to the animal control officer and reclaim the dangerous animal within ten days of the order of the municipal court of the city, the dangerous animal shall be deemed abandoned by the owner and the city shall be deemed the owner of the dangerous animal. A dangerous animal ordered to be removed from the city under this division must be removed from the city within ten days of the date of the order. Upon application by the animal control officer, without a hearing, the court shall order that a dangerous animal deemed to be abandoned under this subsection be humanely destroyed.
(c) It shall
be unlawful for a person to harbor, keep, or have possession of a
dangerous animal previously ordered to be removed from the city under
this division within the corporate limits of the city.
(d) The
animal control officer or any officer enforcing this division shall
seize any dangerous animal that has been previously ordered to be
removed from the city and is found to be at any location within the
corporate limits of the city. Upon seizure, the animal control officer
shall provide for the impoundment of the dangerous animal in humane
and sanitary conditions.
(e) Upon
application by the animal control officer, without a hearing, the
court shall order that a dangerous animal that was previously ordered
to be removed from the city and later found to be in the city be humanely
destroyed.
[Ord. No. 1440-21, § 1, 10-25-2021]
It is hereby declared to be a nuisance that an owner or other
person harbors, keeps, or maintains a dangerous animal in the city
unless the owner complies with the requirements of this division and,
with respect to dogs, all state statutes regulating dangerous dogs.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) A person
commits an offense if the person is the owner of a dangerous animal
and the dangerous animal makes an unprovoked attack on another person
outside the animal's enclosure and causes bodily injury to the other
person.
(b) A person
commits an offense if the person is the owner of a dangerous animal
and the dangerous animal makes an unprovoked attack on another animal
while the dangerous animal is at large and the attack causes bodily
injury or death to the other animal.
(c) A person
commits an offense if the person is the owner of a dangerous animal
and performs an act prohibited or fails to perform an act required
by this division.
(d) A person
commits an offense if the person is the owner or new owner of a dangerous
animal and the animal attacks a person or another animal and the owner
fails to notify the animal control officer within five days of the
attack.
(e) An offense under subsections
(a),
(b),
(c), or
(d) is a Class C misdemeanor punishable by a fine up to but not more than $2,000.00. Each day that a violation is committed or continues is a separate offense.
(f) If a person is found guilty of an offense under this section, the court may order that the animal be humanely destroyed immediately, that the animal be permanently removed from the city, or that the animal be returned to its owner upon proof of compliance with all of the requirements of section
6-189. If a person is found guilty of an offense under this section for a second time, the court may order that the animal be humanely destroyed immediately or that the animal be permanently removed from the city.
[Ord. No. 1440-21, § 1, 10-25-2021]
(a) It is an affirmative defense to prosecution under section
6-197 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal in connection with that position.
(b) It is an affirmative defense to prosecution under section
6-197 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses the dog for law enforcement or corrections purposes.
(c) It is an affirmative defense to prosecution under section
6-197 that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.
(d) It is an affirmative defense to prosecution under section
6-197 that the person injured was teasing, tormenting, abusing, or assaulting the animal.
(e) It is an affirmative defense to prosecution under section
6-197 that the person injured was committing or attempting to commit a crime.
(f) It is an affirmative defense to prosecution under section
6-197 that the animal was protecting or defending a person, while in the person's control, from an unjustified attack or assault.
[Ord. No. 1440-21, § 1, 10-25-2021]