Serious bodily injury.
An injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person
to seek treatment from a medical professional and would require hospitalization,
without regard to whether the person actually sought medical treatment.
(Ordinance adopted 9/22/03, sec.
7(A))
(a) A
justice court, county court, or municipal court shall order the animal
control authority to seize a dog and shall issue a warrant authorizing
the seizure:
(1) On the sworn complaint of any person, including the county attorney,
the city attorney, or a peace officer, that the dog has caused the
death of or serious bodily injury to a person by attacking, biting,
or mauling the person; and
(2) On a showing of probable cause to believe that the dog caused the
death of or serious bodily injury to the person stated in the complaint.
(b) The
animal control authority shall seize the dog or order its seizure
and shall provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog.
(Ordinance adopted 9/22/03, sec.
7(B))
(a) The
court shall set a time for a hearing to determine whether the dog
caused the death of or serious bodily injury to a person by attacking,
biting, or mauling the person. The hearing must be held not later
than the 10th day after the date on which the warrant is issued.
(b) The
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.
Any interested party, including the county attorney or city
attorney, is entitled to present evidence at the hearing.
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(c) The
court shall order the dog destroyed if the court finds that the dog
caused the death of a person by attacking, biting, or mauling the
person. If that finding is not made, the court shall order the dog
released to:
(2) The person from whom the dog was seized; or
(3) Any other person authorized to take possession of the dog.
(d) The
court may order the dog destroyed if the court finds that the dog
caused serious bodily injury to a person by attacking, biting, or
mauling the person. If that finding is not made, the court shall order
the dog released to:
(2) The person from whom the dog was seized; or
(3) Any other person authorized to take possession of the dog.
(e) The
court may not order the dog destroyed if the court finds that the
dog caused the serious bodily injury to a person by attacking, biting,
or mauling the person and:
(1) The dog was being used for the protection of a person or person’s
property; the attack, bite, or mauling occurred in an enclosure in
which the dog was being kept; the enclosure was reasonably certain
to prevent the dog from leaving the enclosure on its own and provided
notice of the presence of a dog; and the injured person was at least
eight years of age, and was trespassing in the enclosure when the
attack, bite, or mauling occurred;
(2) The dog was not being used for the protection of a person or person’s
property; the attack, bite, or mauling occurred in an enclosure in
which the dog was being kept; and the injured person was at least
eight years of age and was trespassing in the enclosure when the attack,
bite, or mauling occurred;
(3) The attack, bite, or mauling occurred during an arrest or other action
of a peace officer while the peace officer was using the dog for law
enforcement purposes;
(4) The dog was defending a person from an assault or the person’s
property from damage or theft by the injured person; or
(5) The injured person was younger than eight years of age; the attack,
bite, or mauling occurred in an enclosure in which the dog was being
kept; and the enclosure was reasonably certain to keep a person younger
than eight years of age from entering.
(Ordinance adopted 9/22/03, sec.
7(C))
The destruction of a dog under this article must be performed
by:
(2) Personnel
of a recognized animal shelter or humane society who are trained in
the humane destruction of animals; or
(3) Personnel
of a governmental agency responsible for animal control who are trained
in the humane destruction of animals.
(Ordinance adopted 9/22/03, sec.
7(D))
Except as provided by section
2.05.003(e), this article applies to any dog that causes a person’s death or serious bodily injury by attacking, biting, or mauling the person, regardless of whether the dog was provoked and regardless of where the incident resulting in the person’s death or serious bodily injury occurred.
(Ordinance adopted 9/22/03, sec.
7(E))