(a) 
Upon report of an incident involving an aggressive dog, the department may investigate and determine whether a dog is an aggressive dog as defined in section 6-1.
(b) 
The determination may be based on an investigation that includes observing the dog's behavior, statements or testimony about the dog's behavior and/or the owner's care and control of the dog, and any other relevant evidence as determined by the department. No dog will be declared aggressive if the complaint filed is based solely on the dog's breed, size or physical appearance.
(c) 
Statements and observations may be provided by any witness who personally observed the behavior, including animal services officers. Such reports and supporting witness statements shall be provided in writing and sworn to by the witness on a signed affidavit.
(d) 
If, after completing an appropriate investigation supporting probable cause that the dog at issue is aggressive, the animal services manager determines that the dog is an aggressive dog, the animal services manager shall provide written notice to the owner in person or by certified mail, return receipt requested. The notice shall include:
(1) 
A statement that the dog has been determined to be an aggressive dog by the animal services manager;
(2) 
A summary of the investigative findings supporting the determination;
(3) 
The time frame in which the owner has to comply with the requirements for owning or keeping an aggressive dog set forth in section 6-43;
(4) 
A statement regarding the owner's right to appeal the aggressive dog determination to the municipal court within fifteen (15) business days after the owner is notified; and
(5) 
A copy of this article.
(e) 
As a reasonable precaution, when determined necessary to protect public health and safety, the department may, upon request and issuance of a seizure warrant, seize and impound the dog at the owner's expense pending an aggressive dog determination and completion of all appeals.
(f) 
Any dog impounded under this section may not be released from impoundment until one (1) of the following conditions are met:
(1) 
The animal services manager or municipal court determines that the dog is not an aggressive dog, provided that all other requirements set forth in section 6-22 for release of impounded animals are met; or
(2) 
The animal services manager or municipal court determines that the dog is an aggressive dog and the owner has demonstrated compliance with:
a. 
All the requirements for owning or keeping an aggressive dog set forth in section 6-43; and
b. 
All applicable requirements for release of impounded animals set forth in section 6-22; and
c. 
Any other requirements ordered by the animal services manager or the municipal court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
If the animal services manager determines that the dog is an aggressive dog, that decision is final unless the owner or keeper files a written notice of appeal, with a copy of the aggressive dog determination from the animal services manager attached, delivered in person, by certified mail, or by electronic mail to the court services division of the municipal court, within 15 business days of receiving the notice of determination. The owner or keeper shall also provide a copy of the written appeal to the animal services manager by delivering it to the department in person or by certified mail.
(b) 
The municipal court shall conduct a hearing within 10 calendar days after receipt of the notice of appeal.
(1) 
Any interested party, including the city attorney or his/her designee, or the county, is entitled to present evidence at the hearing.
(2) 
The municipal court shall enter a judgment, based on a preponderance of the evidence presented, that the aggressive dog determination is either affirmed, remanded, or reversed.
(3) 
If the owner or keeper of the dog does not appear at the hearing, the court may dismiss the appeal or proceed with evidentiary findings without the owner's or keeper's presence. If the appeal is dismissed, the aggressive dog determination is final.
(4) 
The result of the appeal hearing is final.
(c) 
In the event that the decision of the municipal court affirms that the dog is an aggressive dog, the owner shall be required to comply with the requirements set forth in section 6-43 and any other requirements set by the municipal court within the timeframe set by the municipal court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021; Ordinance 2026-11229 adopted 2/12/2026)
If the owner of an aggressive dog impounded under this article has not complied with the requirements for release under section 6-40(f), after expiration of the applicable hold period pursuant to section 6-20(d), all prior ownership interest in the dog is completely divested and the animal shall become property of the city. In the event that an appeal is timely filed to municipal court pursuant to section 6-41, the applicable hold period shall be stayed until final adjudication by the municipal court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions not later than the thirtieth (30th) day after the person learns that he/she is the owner of an aggressive dog:
(a) 
Provide the name, address and telephone number for person(s) owning, keeping or harboring the aggressive dog;
(b) 
Register the aggressive dog with the department and maintain current registration at all times. The owner or keeper must present proof of compliance satisfactory to the animal services manager and pay the annual aggressive dog registration fee before registration will be issued or renewed;
(c) 
Pay any other costs or fees related to the seizure, care or impoundment of the dog, if applicable;
(d) 
Provide proof of current rabies vaccination as set forth in section 6-30;
(e) 
Provide proof of microchip and current microchip registration as set forth in section 6-15;
(f) 
Restrain the aggressive dog at all times, in a secure enclosure as defined in section 6-1 or on a leash, not more than six (6) feet in length, in the immediate control of a person capable of controlling the dog while the dog is wearing a muzzle that will not cause injury to the dog and will prevent the dog from biting any person or animal and does not interfere with the dog's vision or breathing;
(g) 
Acquire and maintain liability insurance coverage in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the aggressive dog causing bodily injury to a person or other animal and provide proof of the required liability insurance coverage to the animal services manager, the sufficiency of which shall be determined by the City of Irving Risk Manager. The owner or keeper shall include in the policy provisions a requirement that the insurance provider will provide notice to the City of Irving Risk Manager through the animal services manager not less than thirty (30) days prior to cancellation or any material change in coverage;
(h) 
Post a warning sign at each entrance to the premises in which the aggressive dog is being kept, stating "BEWARE OF DOG." The signs shall be no less than eight (8) inches by eleven (11) inches in size, with lettering no less than two (2) inches in height. Lettering shall be white on a red background and be of light-reflective material; and
(i) 
Provide proof that the dog has been sterilized.
(1) 
For the purposes of this subsection, proof of sterilization shall be a sterilization certificate issued by a licensed veterinarian.
(2) 
Subsection (1) does not apply if the owner of the animal provides proof that one (1) of the following conditions are met:
a. 
The dog is less than six (6) months of age;
b. 
A licensed veterinarian certifies in writing and on office letterhead that the dog is not medically suitable to be spayed or neutered due to health condition(s) or is permanently non-fertile as confirmed by a health examination;
c. 
The dog is a trained military or police service animal.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
Any person who owns or keeps an aggressive dog in the city shall notify the department in writing within twenty-four (24) hours if the dog:
(1) 
Escapes from confinement;
(2) 
Attacks a person or other animal causing bodily injury; or
(3) 
Dies. If the dog dies, the owner shall present the body to a licensed veterinarian or to the department for verification of microchip identification before disposal of the body. If the owner presents the body to a licensed veterinarian, the owner shall provide written verification of the microchip reading to the department within three (3) business days.
(b) 
The owner or keeper of an aggressive dog shall notify the animal services manager in writing within fourteen (14) days after moving the dog to a new address or transferring ownership and shall provide the animal services manager with the dog's new address and new owner information, if applicable. If the new address is within the city limits of Irving, the owner must meet all the requirements in section 6-43.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person commits an offense if he/she knowingly, intentionally or recklessly owns or keeps a dog that has been previously determined to be an aggressive dog by the animal services manager or the municipal court and the dog makes an unprovoked attack on another legally restrained animal outside the dog's enclosure and causes bodily injury to that animal.
(b) 
A person commits an offense if he/she owns or keeps a dog determined to be an aggressive dog by the animal services manager or the municipal court in violation of any of the provisions of this chapter.
(c) 
If a person is found guilty of an offense under subsection (a), the fine may be increased to up to two thousand dollars ($2,000.00) per offense.
(d) 
It is a defense to prosecution that the person:
(1) 
Is a licensed veterinarian, a peace officer, or a person employed by the department, 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; or
(2) 
Is an employee of a law enforcement agency and is training or using the dog for law enforcement or corrections purposes.
(e) 
It is a defense to prosecution that the dog was protecting or defending a person within the immediate vicinity of the dog from an unprovoked attack from another animal.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
Aggressive dogs will automatically be declassified and no longer considered an aggressive dog after one (1) year from the date of final determination that the dog is an aggressive dog so long as there have been no further incidents or violations of any of the provisions of this chapter.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)