For purposes of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Animal control officer.
The animal control authority designated by the chief of police or the city manager.
Bodily injury.
Physical pain, illness, or any impairment of physical condition.
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person which 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
(2) 
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.
Dog.
A domesticated animal that is a member of the canine family.
Owner.
A person who owns or has custody or control of the dog.
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosure established by the local animal control authority.
Serious bodily injury.
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(Ordinance 644 adopted 4/2/92; Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.65)
(a) 
Determination by animal control officer.
If a person reports an incident described in section 3.05.001 under the definition of dangerous dog, the animal control officer may investigate the incident. The dog shall be quarantined at a secure animal shelter until such time a determination can be made and all requirements are met. If the animal control officer determines after a preliminary investigation that further action is warranted, he shall take sworn statements from the victim and other witnesses to the incident. If the animal control officer determines, based upon the sworn witness statements, that the dog involved in the incident is a dangerous dog, he shall notify the owners of such determination.
(b) 
Appeals.
An owner, not later than the fifteenth day after the date the owner is notified of the determination by the animal control officer referred to above, may appeal the determination to the municipal court by filing a written objection to such determination with the clerk of the municipal court. The court shall schedule a hearing with notice to the owner and animal control officer at an earliest practicable time for determination of the issue based upon sworn evidence submitted by the owner and the city. The burden of proof at such hearing shall be upon the owner. The court shall decide the issue under a preponderance of the evidence standard, and the Texas Rules of Evidence shall apply. Any appeal from a decision of the municipal court under this section shall be to a Randall County court at law.
(c) 
Decision of court.
(1) 
If the court finds that the dog is not a dangerous dog, the court shall order the dog returned to the owner, if the dog is in the city’s possession.
(2) 
If the court finds that the dog is a dangerous dog as defined under section 3.05.001, the court shall order the following:
(A) 
The court shall order the dog seized if not in possession of the animal control officer, and humanely destroyed;
(B) 
Order the removal of the dangerous animal from within the city limits. The owner must provide, in writing, the destination address of where the animal is to reside and proof that the owner has alerted the agency responsible for animal services in that area; or
(C) 
Order the owner to comply with section 3.05.003 (Requirements for owner) if the animal remains inside the city.
(Ordinance 644 adopted 4/2/92; Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.66)
(a) 
In the event a dog has been determined to be a dangerous dog pursuant to section 3.05.002 and the dog has not yet been quarantined, the owner shall immediately, upon being notified of such determination, restrain the dog within a secure enclosure that has been approved by the animal control officer, regardless of whether an appeal of such determination is pending. The owner shall relinquish custody of the dangerous dog to the animal control officer and the dog shall be quarantined by the animal control officer until such time an adequate enclosure can be constructed.
(b) 
No later than the twentieth day after the owner is notified by the animal control officer that he or she is the owner of a dangerous dog, the owner shall:
(1) 
Register the dog as a dangerous dog with the animal control officer;
(2) 
Furnish the animal control officer proof of a public liability insurance policy in the minimum face amount of $250,000.00, which would cover damages to persons or property resulting from an attack by the dog;
(3) 
Annually furnish proof of a current rabies vaccination of the dog;
(4) 
Pay all costs or fees incurred by the city relating to seizure or impoundment of the dog;
(5) 
Comply with other requirements of the animal control officer deemed necessary for protection of the public, which shall include an inspection of the premises at least twice a year; and
(6) 
Pay all registration fees required by section 3.05.005.
(c) 
The owner shall at all times restrain a dangerous dog within a secure enclosure unless the dog is en route to or from a licensed veterinarian. If the dog is en route to or from a licensed veterinarian, the owner shall at all times restrain the dog on a chain having a minimum tensile strength of 300 pounds not exceeding three feet in length under direct control and supervision by the owner. At no time shall the owner permit a dangerous dog to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts or buildings, etc. These requirements are not applicable to animals confined in the owner’s home.
(d) 
All dangerous dogs outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the dog from biting other animals or human beings.
(e) 
If a dangerous dog is sold, given away or changes residence, the owner shall notify the animal control officer.
(Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.67)
(a) 
In the event the owner of a dangerous dog fails to comply with the provisions of section 3.05.003 or at any time ceases to comply with such provisions, the animal control officer may petition the municipal court for an order to destroy the dangerous dog. The owner is entitled to at least five days’ notice of a hearing on the request by the animal control officer. The issue shall be decided by the municipal court under a preponderance of the evidence standard.
(b) 
Notwithstanding any other provision of this chapter, if a dog determined to be a dangerous dog attacks a person and causes injury or serious bodily injury to a person, the animal control officer shall immediately quarantine the dog. The animal control officer shall petition the municipal court for an order to destroy the dog. The municipal court shall decide the issue under a preponderance of the evidence standard and shall review the determination by the animal control officer that the dog is a dangerous dog at the same time the court determines whether the dog should be destroyed.
(c) 
The Texas Rules of Evidence apply to all proceedings brought pursuant to this section and appeal from an order of the municipal court shall be to Randall County court at law. An order by the municipal court providing for the destruction of a dangerous dog shall not be stayed pending appeal unless the owner posts a bond (which may be cash or surety) deemed by the court to be sufficient to cover all incurred costs by the city in connection with the seizure, impoundment, registration, and legal proceedings relating to the dog, including reasonable attorney’s fees.
(Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.68)
(a) 
Not later than 20 days after notice to the owner of a dangerous dog of the determination by the animal control officer, the owner shall pay an annual registration fee as set forth in state law.
(b) 
Failure or refusal by the owner to pay the registration fee prescribed by this section, including return of a personal check for insufficient funds, shall authorize the animal control officer to petition the municipal court for an order to destroy the dog pursuant to section 3.05.004(a).
(Ordinance 794 adopted 7/12/04; Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.69; Ordinance adopting 2023 Code)
(a) 
It is a defense to the provisions of this chapter if 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 official position.
(b) 
No dog shall be deemed vicious if the bite, injury or damage was sustained by a person who at the time was committing a willful trespass upon the premises occupied by the owner or custodian of the dog or by a person who has tormented or abused the dog.
(Ordinance 937 adopted 3/21/11; 1999 Code, sec. 91.70)