(a) The animal services officer may receive a complaint concerning an
animal which, while straying, has bitten a human being. A complainant
must file with the animal services officer a written, sworn complaint
which contains the following information:
(1)
Name, address, and telephone number of the complainant and any
other witnesses to the incident;
(2)
Date, time, and location of the incident;
(3)
Description of the animal;
(4)
Name, address, and telephone number of the animal owner;
(5)
A statement that:
(A)
The animal, while straying, bit the complainant; and/or
(B)
The animal has exhibited vicious propensities in past conducts;
and
(6)
Other facts or circumstances of the incident.
(b) Prior to the hearing before the animal services director, the animal
shall be impounded and boarded at the owner's expense at the animal
services facility, or any other state-approved quarantine facility,
pending the outcome of the hearing. If the animal that is the subject
of the hearing was already impounded for being an animal at-large,
was seized pursuant to this chapter, or was abandoned at the animal
services facility, the animal shall remain impounded until the conclusion
of the hearing.
(c) After a sworn complaint is filed with the animal services officer,
he shall set a time and place for a hearing before the animal services
panel within (10) business days of receipt of the sworn complaint,
impoundment, or seizure of the animal, whichever occurs later. The
animal services officer shall give notice of the hearing to the animal's
owner by personal service or certified mail, return receipt requested,
at least seven (7) days prior to the hearing date. The notice must
include a copy of the sworn complaint.
(d) The animal services panel, as described in subsection
(e), shall determine at the hearing if the animal specified in the complaint should be released to its owner or destroyed for the protection of the public health, safety and welfare of the community. The animal services panel shall receive testimony at the hearing concerning the incident under investigation. To order destruction of the animal for the public health, safety and welfare, the animal services panel must find the following facts to be true:
(1)
The animal, while straying, bit the complainant; and/or
(2)
The animal has exhibited vicious propensities in past conduct;
(3)
The impounded animal is the same animal which committed the acts in subsection
(1) and/or
(2) of this subsection; and
(4)
Destruction of the animal is necessary to preserve the public
health, safety and welfare of the community. If the animal services
officer orders destruction of the animal and the owner is not present
at the hearing, he/she shall notify the owner of the decision by personal
service or certified mail, return receipt requested. If the animal
services officer does not order destruction of the animal, he/she
shall return the animal to the owner upon the payment of all fees.
(e) The animal services panel shall consist of the animal control services
and a veterinarian and a member of an animal welfare organization,
both of whom shall be appointed by the animal services officer.
(Ordinance 2023-26 adopted 10/10/2023)
An owner of an animal may appeal a destruction order to a court
of competent jurisdiction within five (5) days of the decision. If
the animal services officer receives written notice of the appeal
within five (5) days of the decision, he shall suspend the destruction
order pending final determination of the court.
(Ordinance 2023-26 adopted 10/10/2023)
A person commits an offense if he knowingly possesses and fails to release to the city enforcement agent under his/her direction, an animal that has been charged by sworn complaint as provided in section
2-2-1 of this chapter.
(Ordinance 2023-26 adopted 10/10/2023)
(a) Notwithstanding any provisions of this chapter, and as authorized
by section 822.047 of the Health and Safety Code of Texas, it shall
be an offense for any person to keep or maintain any vicious animal
within the city.
(b) It is a defense to prosecution under this section 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.
(Ordinance 2023-26 adopted 10/10/2023)