This article is adopted pursuant to and in conjunction with the provisions of Texas Health and Safety Code, chapter 822, subchapter D, Dangerous Dogs, as they exist or may be amended, and [such provisions] are incorporated herein. The provisions outlined below are to be read in conjunction with this statute and, to the extent of a direct conflict with this state statute, the provisions of the statute shall control.
(Ordinance 124, sec. 25, adopted 4/27/21)
In this article, the following terms shall have the meanings outlined below. All other terms have the same meaning as specifically defined in this chapter or their common meaning if not specifically defined:
Dangerous dog
means a dog that:
(1) 
Makes an unprovoked attack on a person 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
(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
means a domesticated animal that is a member of the canine family.
Owner
means a person who owns or has custody or control of the dog.
Secure enclosure
means 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 enclosures established by the animal control officer.
(Ordinance 124, sec. 26, adopted 4/27/21)
(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.
(b) 
If a person reports an incident described by section 3.05.002 regarding the definition of a “dangerous dog,” 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.
(c) 
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 as for other civil cases.
(d) 
The owner of a dangerous dog who does not comply with subsection (a) 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.
(e) 
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 (d), 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.
(f) 
The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog.
(g) 
The court shall order the animal control officer or designee to humanely destroy the dog if the owner has not complied with subsection (a) 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) before the 11th day after the date on which the dog is seized or delivered to the animal control officer.
(h) 
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.
(i) 
For purposes of this article, a person learns that the person is an owner of a dangerous dog when:
(1) 
The owner knows of an attack described in section 3.05.002 regarding the definition of a “dangerous dog”;
(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 124, sec. 27, adopted 4/27/21)
(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 3.05.003(a)(4), proof of current rabies vaccination, and 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 set forth in the fee schedule in appendix A of this code.
(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 set forth in the fee schedule in appendix A of this code, 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 all notify the city’s animal control officer of any attacks the dangerous dog makes on any person or animal.
(Ordinance 124, sec. 28, adopted 4/27/21; Ordinance adopting 2023 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 another person outside the dog’s enclosure and causes bodily injury to the other person.
(b) 
An offense under this section is a class C misdemeanor.
(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 officer or designee or a licensed veterinarian.
(Ordinance 124, sec. 29, adopted 4/27/21)
(a) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 3.05.003.
(b) 
An offense under this section is a class C misdemeanor, and any person who violates any provision of this article shall, upon conviction, be fined in accordance with section 3.01.002 of this chapter.
(c) 
An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this article.
(Ordinance 124, sec. 30, adopted 4/27/21)
(a) 
It is a defense to prosecution under sections 3.05.005 and 3.05.006 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 sections 3.05.005 and 3.05.006 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 sections 3.05.005 and 3.05.006 that the person is a dog trainer or an employee of a guard dog company under chapter 1702, Texas Occupations Code.
(Ordinance 124, sec. 31, adopted 4/27/21)