(a) 
It is hereby declared to be a public nuisance that an owner or other person harbors, keeps or maintains in the city a dog declared to be dangerous by the animal control manager or the municipal court unless the owner complies with the requirements of this chapter and state statutes regulating dangerous dogs. To that end, the city council hereby expressly adopts the regulations and procedures outlined in V.T.C.A., Health and Safety Code, section 822.001 et seq., as amended.
(b) 
It is hereby declared to be a public nuisance that an owner or other person who harbors, keeps or maintains in the city or brings to the city a dog that has been declared dangerous outside of the city under one or more of the following:
(1) 
Chapter 822 of the Texas Health and Safety Code;
(2) 
A local law or ordinance adopted in accordance with chapter 822 of the Texas Health and Safety Code; or
(3) 
A statute or ordinance that is substantially similar to chapter 822 of the Texas Health and Safety Code and that was adopted by a political subdivision outside of the state.
(Ordinance 2013-001, pt. 2, sec. 1, adopted 2/11/13)
The animal control manager or his designee may investigate all reports of dangerous dog incidents. The animal control manager may accept sworn statements from all victims and witnesses to the attack.
(Ordinance 2013-001, pt. 2, sec. 2, adopted 2/11/13)
(a) 
Complaints to animal control manager regarding dangerous dogs.
(1) 
Affidavit.
On receipt of a written, sworn, notarized affidavit by a person charging that a particular dog is dangerous, the animal control manager or designee shall investigate the incident to determine whether such dog is, in fact, dangerous. Any written, sworn, notarized affidavit shall contain at least the following information:
(A) 
The name, address and telephone number of the complainant and any witnesses;
(B) 
The date, time and location of the incident;
(C) 
A description of the dog including, to the extent known, the breed, color, sex and size;
(D) 
The name, address and telephone number of the dog’s owner, if known, and the premises where the dog is ordinarily kept;
(E) 
A statement, in as much detail as possible, of what the dog did that makes it a dangerous dog as the term in defined in section 2.01.001; and
(F) 
Any other fact that the complainant believes is relevant.
If the dog is alleged to have caused the death of or serious bodily injury to a person, the sworn complaint must be filed in the municipal court under subsection (b) of this section.
(2) 
Delivery or seizure of dog alleged to be dangerous.
(A) 
The owner of the dog shall deliver the dog to the animal control manager for impoundment within five (5) days of being served with notice that a sworn complaint has been filed and that the owner is required to deliver the dog to the animal control manager.
(i) 
The owner of the dog shall be served with notice in one or more of the following ways:
a. 
Hand-delivery to the owner in person by a city employee;
b. 
Delivery to the owner by courier-receipted delivery;
c. 
Delivery to the owner’s agent or attorney of record, as the case may be, either in person or by courier-receipted delivery;
d. 
Hand-delivery to any adult person at the owner’s last known address who agrees to accept the notice and deliver it to the owner;
e. 
By certified or registered mail, return receipt requested, postage prepaid, to the owner’s last known address;
f. 
By posting the notice prominently on the door of the property at the owner’s last known address; or
g. 
By first class mail through the United States Postal Service, provided that service is also attempted by one or more of the other methods set forth in this subsection.
(ii) 
A certificate or affidavit of any person showing service of a notice under the provisions of this section shall be prima facie evidence of the fact of service. Nothing herein shall preclude the owner from offering proof that the notice was not received.
(iii) 
It shall be an offense for an owner to refuse or fail to deliver a dog to the animal control manager after being served with notice that a sworn complaint has been filed under this section. Each day an owner fails or refuses to deliver the dog shall constitute a separate offense.
(iv) 
If the owner fails to deliver the dog to the animal control manager, the municipal court may issue a warrant authorizing seizure of the dog.
(B) 
If the dog has been impounded by the animal control manager, the dog shall remain in the custody of the animal control manager/department until the animal control manager has completed his investigation and determination.
(3) 
Investigation of sworn complaint by animal control manager.
(A) 
The animal control manager or designee shall complete an investigation and determine whether the dog is to be declared dangerous within ten (10) days of the date the dog is delivered to or seized by the animal control manager, whichever is later. Notwithstanding the foregoing, the animal control manager may make a determination if the owner does not deliver the dog.
(B) 
During the investigation, any interested person shall be given the opportunity to present evidence by sworn statement on the issue of whether the dog is to be declared dangerous.
(C) 
If the animal control manager finds that the dog is not dangerous, the dog shall be returned to the owner, provided the dog has been properly vaccinated against rabies and that all impoundment and medical fees have been paid.
(D) 
If the animal control manager declares the dog to be dangerous, the dog’s owner shall:
(i) 
Comply with the requirements for keeping a dangerous dog as provided in section 2.05.004. The dog shall remain impounded at the owner’s expense until such compliance has been attained; or
(ii) 
Provide for the humane destruction of the dangerous dog by a person listed in V.T.C.A., Health and Safety Code section 822.004, as amended.
(4) 
Appeal from dangerous dog determination made by animal control manager.
(A) 
An owner of a dog that is declared to be dangerous by the animal control manager may appeal that determination to the municipal court by filing written notice with the clerk of the municipal court within fifteen (15) days of the date the determination is made.
(B) 
The court shall set a cash bond to secure payment of the fees for impoundment and any other reasonable costs incurred in caring for the dog during impoundment. The owner shall post the cash bond within ten (10) days of filing the written notice of appeal. Notwithstanding the foregoing requirement, the court may waive payment of the bond for good cause shown.
(C) 
The findings of the animal control manager shall be suspended during the pendency of the appeal.
(D) 
The municipal court shall hold a hearing within ten (10) days of receiving written notice of the owner’s appeal, provided the owner has posted the cash bond set by the court, unless the court has waived the bond. If the owner has not posted the cash bond within ten (10) days, and the court has not waived the requirement of the bond, the appeal shall be dismissed and the animal control manager’s determination shall be final. Notwithstanding the foregoing, if the court has not held the hearing within ten (10) days, the court shall hold the hearing as soon as practicable.
(E) 
Any interested person, including the city attorney, may provide evidence at the hearing.
(F) 
The dog shall continue to be impounded at the owner’s expense during the pendency of the appeal and, if the court finds the dog to be dangerous, until the requirements for the keeping of a dangerous dog are satisfied or provision has been made by the owner for the humane destruction of the dog.
(G) 
An owner may appeal the decision of the municipal court to a court of competent jurisdiction in the same manner as state law provides for other appeals of similar cases from the municipal court.
(b) 
Sworn complaints filed in municipal court regarding dangerous dog or dog causing death of or serious bodily injury to person.
(1) 
Affidavit.
A person may file a written, sworn, notarized affidavit in the municipal court charging that a particular dog is dangerous or that the dog caused the death of or serious bodily injury to a person by attacking, biting or mauling the person. The written, sworn, notarized affidavit shall contain at least the following information:
(A) 
The name, address and telephone number of the complainant and any witnesses;
(B) 
The date, time and location of the incident;
(C) 
A description of the dog, including, to the extent known, the breed, color, sex and size;
(D) 
The name, address and telephone number of the dog’s owner, if known, and the premises where the dog is ordinarily kept;
(E) 
A statement, in as much detail as possible, of what the dog did that makes it a dangerous dog as the term is defined in section 2.01.001 or what the dog did to cause the death of or serious bodily injury to a person; and
(F) 
Any other facts that the complainant believes to be relevant.
(2) 
Delivery or seizure of dog alleged to be dangerous or to have caused death of or serious bodily injury to person.
(A) 
The owner of the dog shall deliver the dog to the animal control manager for impoundment within five (5) days of being served with notice that a sworn complaint has been filed and that the owner is required to deliver the dog to the animal control manager.
(i) 
The owner of the dog shall be served with notice in one or more of the following ways:
a. 
Hand-delivery to the owner in person by a city employee;
b. 
Delivery to the owner by courier-receipted delivery;
c. 
Delivery to the owner’s agent or attorney of record, as the case may be, either in person or by courier-receipted delivery;
d. 
Hand-delivery to any adult person at the owner’s last known address who agrees to accept the notice and deliver it to the owner;
e. 
By certified or registered mail, return receipt requested, postage prepaid, to the owner’s last known address;
f. 
By posting the notice prominently on the door of the property at the owner’s last known address; or
g. 
By first class mail through the United States Postal Service, provided that service is also attempted by one or more of the other methods set forth in this subsection.
(ii) 
A certificate or affidavit of any person showing service of a notice under the provisions of this section shall be prima facie evidence of the fact of service. Nothing herein shall preclude the owner from offering proof that the notice was not served.
(iii) 
It shall be an offense for an owner to refuse or fail to deliver a dog to the animal control manager after being served with notice that a sworn complaint has been filed under this section. Each day an owner fails or refuses to deliver the dog shall constitute a separate offense.
(iv) 
If the owner fails to deliver the dog to the animal control manager, the municipal court may issue a warrant authorizing seizure of the dog.
(B) 
If the dog has been impounded by the animal control manager, the dog shall remain in the custody of the animal control manager/department until the animal control manager has completed his investigation and determination.
(C) 
Notwithstanding the foregoing, on a showing of probable cause to believe the dog caused the death of or serious bodily injury to a person by attacking, biting or mauling the person, the court shall issue a warrant authorizing seizure of the dog without prior notice to the owner of the filing of the sworn complaint.
(3) 
Hearing in municipal court.
(A) 
The municipal court shall hold a hearing and make a determination within ten (10) days of the date the warrant is issued, if the dog is alleged to have caused the death of or a serious bodily injury to a person, or otherwise within ten (10) days of the date the dog is delivered or seized. Notwithstanding the foregoing, if the court has not held the hearing within ten (10) days, the court shall hold the hearing as soon as practicable.
(B) 
The court shall serve notice of the date and time of the hearing on the owner and the complainant in the manner specified in subsection (b)(2)(A)(i) of this section.
(C) 
Any interested person, including the city attorney, may provide evidence at the hearing.
(D) 
If the court finds that the dog is not dangerous or that the dog did not cause the death of or serious bodily injury to a person, the dog shall be returned to the owner, provided that the dog has been properly vaccinated against rabies and that all impoundment and medical fees have been paid.
(E) 
If the court declares the dog to be dangerous, the dog’s owner shall:
(i) 
Comply with the requirements for keeping a dangerous dog as provided in section 2.05.004. The dog shall remain impounded at the owner’s expense until such requirements have been satisfied; or
(ii) 
Provide for the humane destruction of the dangerous dog by a person listed in V.T.C.A. Health and Safety Code section 822.004, as amended.
(F) 
If the court finds that the dog caused the death of or serious bodily injury to a person,:
(i) 
The court shall order the dog destroyed at the owner’s expense if the court finds the dog caused the death of a person;
(ii) 
The court may order the dog destroyed at the owner’s expense if the court finds the dog caused serious bodily injury to a person and that V.T.C.A. Health and Safety Code section 822.003(f), as amended, does not apply; or
(iii) 
If the court finds the dog caused serious bodily injury to a person, the court may declare the dog to be a dangerous dog and order the dog released to the owner if the owner complies with section 2.05.004 and pays all impound fees and any reasonable costs incurred in caring for the dog during impoundment. The dog shall remain impounded at the owner’s expense until such requirements have been satisfied.
(G) 
An owner may appeal the decision of the municipal court to a court of competent jurisdiction in the same manner as state law provides for other appeals of similar cases from the municipal court.
(Ordinance 2013-001, pt. 2, sec. 3, adopted 2/11/13)
(a) 
In addition to the requirements under state law applicable to an owner of a dangerous dog, the owner of a dangerous dog shall also comply with the following:
(1) 
Register the dangerous dog with the animal control manager and pay an annual registration fee, as provided in the fee schedule in appendix A of this code, to the city;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate physical control of a person or in a secure enclosure as that term is defined in section 2.01.001, and post signs on all four sides of the enclosure in one-inch or greater letters warning of the presence of the dangerous dog;
(3) 
Further secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog, nor interfere with its vision or respiration, but that shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason;
(4) 
Obtain and maintain 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 or animal and provide proof of the required liability insurance coverage or financial responsibility to the animal control manager;
(5) 
Provide the dangerous dog with a fluorescent yellow collar visible at 50 feet in normal daylight so that the dog can be identified, and affix the registration tag to the collar to be worn at all times;
(6) 
Spay or neuter the dangerous dog;
(7) 
Have the dangerous dog microchipped for its lifetime with a national registry, and present proof to the animal control manager. The owner of the dangerous dog shall microchip the dog by implanting a microchip identification device on the dog within seven (7) days after being notified by the animal control manager or by the municipal court that such dog is dangerous. The cost of the service shall be at the owner’s expense; and
(8) 
Comply with any other restriction or requirement of the animal control manager or of the municipal court.
(b) 
Notwithstanding the foregoing, if the animal control manager or the municipal court finds that the dog made an unprovoked attack on another animal that caused bodily injury to the other animal and occurred 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, then the animal control manager or the municipal court may impose one or more of the requirements above.
(Ordinance 2013-001, pt. 2, sec. 4, adopted 2/11/13; Ordinance adopting Code)
(a) 
The owner of a dangerous dog who does not comply with section 2.05.004 or an order issued pursuant to section 2.05.004 shall deliver the dog to the animal control manager no later than the thirtieth (30) day after the owner learns the dog is a dangerous dog.
(b) 
After the thirtieth (30th) day after a person learns that the person is the owner of a dangerous dog, the animal control manager or the owner of the dangerous dog may apply to the municipal court for a hearing to determine whether the owner has complied with section 2.05.004 or an order issued pursuant to section 2.05.004 or whether the owner has paid all impound fees and other reasonable costs of caring for the dog during impoundment.
(1) 
If the dog is impounded, the hearing shall be held within ten (10) days of the date when the application for the hearing is made.
(2) 
If the dog is not impounded, the court shall issue a warrant for the seizure of the dog and shall hold the hearing within ten (10) days of the date the dog is delivered to or seized by the animal control manager.
(3) 
The court shall serve notice of the date and time of the hearing on the owner in the manner specified in section 2.05.003(b)(2)(A)(i).
(4) 
The court shall order the dog humanely destroyed if the court finds the owner has not complied with section 2.05.004 or an order issued under section 2.05.004, or that the owner has not paid all impound fees and other reasonable costs of caring for the dog during impoundment:
(A) 
Before the eleventh (11th) day from the date the dog was delivered to or seized by the animal control manager, if the dog was not impounded at the time the application for the hearing was made; or
(B) 
Before the eleventh (11th) day from the date the application for the hearing was made, if the dog was impounded at the time the application was made.
(5) 
The court shall order the dog released to the owner if the court determines the owner has complied with section 2.05.004 or an order issued under section 2.05.004 and that the owner has paid all impound fees and other reasonable costs of caring for the dog during impoundment.
(6) 
The court may order the humane destruction of the dog if the owner of the dog has not been located before the fifteenth (15th) day after the seizure and impoundment of the dog.
(c) 
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 section 2.01.001, definition of “dangerous dog”;
(2) 
The owner is served with notice by the animal control manager that the dog is a dangerous dog under section 2.05.003(a); or
(3) 
The owner is served notice that the municipal court has found that the dog is a dangerous dog under section 2.05.003(b).
Notice may be served in the manner specified by section 2.05.003(a)(2)(A)(i) or section 2.05.003(b)(2)(A)(i).
(Ordinance 2013-001, pt. 2, sec. 5, adopted 2/11/13)
(a) 
The animal control manager shall annually register a dangerous dog if the owner presents proof of:
(1) 
Liability insurance or financial responsibility as required by section 2.05.004(a)(4);
(2) 
Current rabies vaccination of the dangerous dog if such vaccination is available for the species;
(3) 
The secure enclosure in which the dog will be kept; and
(4) 
Payment of an annual registration fee, as provided in the fee schedule in appendix A of this code, to the city.
(b) 
The animal control manager shall provide to the owner registering a dangerous dog a registration tag. The owner must place and maintain the tag on the dog’s fluorescent yellow collar.
(c) 
The owner of a dangerous dog shall notify the animal control manager within 24 hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. If the dog has been sold or given away, the former owner shall provide the animal control manager with the name, address and telephone number of the new owner. If the new owner’s address is in the city or if the dog is kept in the city, the animal control manager shall notify the new owner by certified mail, return receipt requested, or in person, that the dog has been determined to be a dangerous dog and provide the new owner a copy of this article. The new owner must be given notice to comply with the requirements for owners of a dangerous dog, if the dog is physically located for any time within the city. It shall be unlawful for a new owner to fail to comply with any requirements of this article. The same reporting requirements are imposed on any and all subsequent owners of the dangerous dog.
(d) 
If the owner removes the dangerous dog from the city limits:
(1) 
The owner shall provide the animal [control] manager with the physical address and telephone number where the dog will be kept, and the name of any person who will be caring for the dog if the owner will not be caring for the dog; and
(2) 
The animal control manager shall notify the animal control authority, if any, in the area where the dog will be kept of the classification of the dog as dangerous.
(Ordinance 2013-001, pt. 2, sec. 6, adopted 2/11/13; Ordinance adopting Code)
(a) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog’s enclosure and causes bodily injury to the person or other animal.
(b) 
An offense under this section is a class C misdemeanor, unless the attack caused the death of or serious bodily injury to a person, in which event the offense shall be referred to the county district attorney’s office for prosecution.
(c) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the animal control manager or a licensed veterinarian.
(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 city.
(Ordinance 2013-001, pt. 2, sec. 7, adopted 2/11/13)
(a) 
A person who owns or keeps property or control of a dangerous dog commits an offense if the person fails to comply with any section of this article or an order issued pursuant to section 2.05.004.
(b) 
Violation of any section of this article is punishable by a fine not to exceed $2,000.00.
(Ordinance 2013-001, pt. 2, sec. 8, adopted 2/11/13)
(a) 
It is a defense to prosecution under this article 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 dog; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(b) 
It is a defense to prosecution under this article that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(Ordinance 2013-001, pt. 2, sec. 9, adopted 2/11/13)