As used in this article, "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 bodily
injury to that person.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.501)
(a) If a person reports an unprovoked attack as described in section
3.05.001, the chief of police or his or her designee may investigate the incident. If, after receiving the sworn statements of any witnesses, the chief of police or his or her designee determines that the dog is a dangerous dog, he/she shall notify the owner of that fact.
(b) An
owner, not later than the 30th day after the date the owner is notified
that his/her dog is a dangerous dog, may appeal the determination
of the chief of police or his or her designee to the municipal court
of competent jurisdiction. An owner may appeal the decision of the
municipal court in the same manner as appeal for other civil cases.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.502)
(a) Not
later than the 30th day after a person learns that he/she is the owner
of a dangerous dog, he/she shall:
(1) Register the dangerous dog with the chief of police or his or her
designee;
(2) Restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure; and
(3) Obtain liability insurance coverage or show financial responsibility
in an amount of at least one hundred thousand dollars ($100,000.00)
to cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person.
(b) For
purposes of this section, a person learns that he/she is the owner
of a dangerous dog when:
(1) The owner knows of an attack described in section
3.05.001; or
(2) The owner is informed by the chief of police or his or her designee
that the dog is a dangerous dog.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.503)
(a) The
chief of police or his or her designee shall formally register a dangerous
dog if the owner:
(1) Presents proof of:
(A) Liability insurance or financial responsibility as required by section
3.05.003(a)(3);
(B) Current rabies vaccination of the dangerous dog; and
(C) The secure enclosure in which the dangerous dog will be kept; and
(2) Pays an annual registration fee in the amount established by the
city.
(b) The
chief of police or his or her designee shall provide to the owner
registering a dangerous dog a registration tag. The owner must place
the tag on the dog's collar.
(c) If
an owner of a registered dangerous dog sells or moves the dog to a
new address within the city, he/she, not later than the 14th day after
the date of the sale or move, shall notify the chief of police or
his or her designee. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee in the amount established
by the city, the chief of police or his or her designee shall issue
a new registration tag to be placed on the dog's collar.
(d) Every
owner of a registered dangerous dog shall notify the chief of police
or his or her designee by whom the dog was registered of any attacks
the dangerous dog makes on people.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.504; Ordinance adopting 2024 Code)
(a) A
person commits an offense if his/her dangerous dog makes an unprovoked
attack on another person outside the dog's enclosure and causes bodily
injury to the other person. Should the attack cause serious bodily
injury or death, the person may be subject to other criminal prosecution
under the laws of the state in a court of competent jurisdiction.
(b) If
a person is found guilty of an offense under this article, the court
may order that the dangerous dog be destroyed.
(c) In
addition to criminal prosecution, a person who commits an offense
under this section is liable for a civil penalty not to exceed ten
thousand dollars ($10,000.00). The city attorney may file suit in
a court of competent jurisdiction to collect the penalty. Penalties
collected under this subsection shall be retained by the city.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.505)
(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 and while performing
the duties of 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 and such person has
temporary ownership, custody, or control of the dog in connection
with and while performing the duties of that position.
(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 V.T.C.A.,
Occupations Code chapter 1702, and while performing
the duties of that position.
(Ordinance adopting 1994 Code; 1994
Code, sec. 2.506; Ordinance adopting 2024 Code)