The following definitions shall apply in the interpretation
and enforcement of this article:
A dog that:
Makes an unprovoked attack on a person or another dog 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
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.
A domesticated animal that is a member of the canine family.
A person who owns or has custody or control of the dog.
A fenced area that is:
With respect to an attack or attempt to attack by a dog,
means that the dog was not hit, kicked, or struck by a person with
any object or part of the attacked person’s body nor was any
part of the dog’s body pulled, pinched, or squeezed or in any
other manner provoked by the person attacked.
(Ordinance adopted 9/22/03, sec.
6(A))
(a)
Not
later than the 30th day after a person learns that he or she is the
owner of a dangerous dog, the person shall:
(1)
Register the dangerous dog with animal control;
(2)
Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
(3)
Muzzle the dog when it is outside the secure enclosure;
(4)
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 city’s animal control officer; and
(5)
Have the dangerous dog spayed or neutered.
(c)
If a person reports an incident described by the definition of “dangerous dog” in section 2.04.001, 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, he or she shall notify the owner of that fact.
(d)
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 officer to the municipal court. An owner may
appeal the decision of the municipal court in the same manner for
other civil cases.
(e)
The owner of a dangerous dog who does not comply with subsection (a) of this section shall deliver the dog to the animal control officer not later than the 30th day after the owner learns that the dog is a dangerous dog.
(f)
If, on the application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided herein, that the owner has failed to comply with subsection (a) or subsection (e) of this section, the 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.
(g)
The
owner shall pay any cost or fee assessed by the municipality or county
related to the seizure, acceptance, impoundment, or destruction of
the dog.
(h)
The court shall order the animal control officer to humanely destroy the dog if the owner has not complied with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the animal control officer. The court shall order the animal control officer to return the dog to the owner if the owner complies with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the animal control officer.
(i)
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.
(j)
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 this article;
(2)
The owner receives notice that a justice court, county court, or
municipal court has found that the dog is a dangerous dog after a
hearing on the matter; or
(3)
The owner is informed by the animal control officer that the dog
is a dangerous dog.
(Ordinance adopted 9/22/03, sec.
6(B))
(a)
Animal
control shall annually register a dangerous dog if the owner:
(1)
Presents proof of liability insurance or financial responsibility, as required by section 2.04.002(a), current rabies vaccination, an proof of sterilization of the dangerous dog, and has a secure enclosure in which the dangerous dog will be kept that is inspected and approved by the animal control officer; and
(2)
Pays an annual registration fee in the amount provided by state law.
(b)
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. The collar must be of a distinctive color and design that
identifies the dog as a dangerous dog.
(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 animal control officer for the
area in which the new address is located. On presentation by the current
owner of the dangerous dog’s prior registration tag and payment
of a fee in the amount established by city council, the animal control
officer shall issue a new registration tag to be placed on the dangerous
dog’s collar.
(d)
An
owner of a registered dangerous dog shall notify the city’s
animal control officer of any attacks the dangerous dog makes on any
person or animal.
(Ordinance adopted 9/22/03, sec.
6(C))
(a)
Offense.
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)
Criminal penalty.
An offense under this section is a misdemeanor, and any person who violates any provision of this section shall, upon conviction, be fined in accordance with section 1.01.009 of this code.
(c)
Destruction of dog.
If a person is found guilty of an
offense under this section, the court may order the dangerous dog
destroyed by the animal control officer or a licensed veterinarian.
(d)
Civil penalty.
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.
The municipality shall retain penalties collected under this section.
(Ordinance adopted 9/22/03, sec.
6(D))
(Ordinance adopted 9/22/03, sec.
6(E))
(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 in connection with that position.
(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.
(c)
It
is a defense to prosecution under this article that the person is
a dog trainer or an employee of a guard dog company under chapter
1702, Texas Occupations Code.
(Ordinance adopted 9/22/03, sec.
6(F))
