Animal control authority.
The city animal control officer.
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.
(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:
(1) 
Its owner;
(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:
(1) 
Its owner;
(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:
(1) 
A licensed veterinarian;
(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))