It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or maintain a dangerous dog as defined in section 14-2 of this chapter in the city unless the owner complies with the requirements of this article and state statutes regulating dangerous dogs. It is hereby declared to be unlawful and a public nuisance for an owner or other person to harbor, keep, or maintain in the city or bring into the city a dog which has been declared dangerous under one or more of the following:
(1) 
V.T.C.A., Health and Safety Code ch. 822 of the Texas Health and Safety Code;
(2) 
A local law or ordinance adopted in accordance with [V.T.C.A., Health and Safety Code] ch. 822 and governing dangerous animals; or
(3) 
A statute or ordinance that is substantially similar to [V.T.C.A., Health and Safety Code] ch. 822 and that was adopted by a political subdivision outside of the State of Texas.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
A dog is determined to be a dangerous dog if it meets the requirements found in section 14-2, "dangerous dog", and
(1) 
The owner of the dog knows of such an attack as defined in this article; or
(2) 
A person reports a dangerous dog incident as defined in section 14-2 to the humane division or to the police department and provides an adult statement in writing made under oath before an individual authorized by law to take sworn statements or made at the animal adoption and rescue center before a certified humane officer, setting forth an act described in section 14-2 and set forth as follows:
a. 
Nature and the date of the act described in section 14-2; and
b. 
The location of the event; and
c. 
The name and address of the owner of the animal in question; and
d. 
The description of the animal in question; or
(3) 
The humane division has been notified by another agency that the dog has been determined to be dangerous under the state law or applicable ordinance of the notifying city.
(b) 
The humane officer and the director of neighborhood services shall evaluate the case and determine whether the dangerous dog determination should apply.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
The humane officer shall furnish written notice to the owner that the dog has been deemed dangerous. Notice shall be given by registered, certified mail, regular mail or hand delivery to the owner of the dog. If the owner cannot be located, notice shall be delivered to any adult at the dog owner's last known physical address or to any adult at the residence where the dog is believed to be kept, if at a location different than the owner's physical address.
(b) 
An owner, not later than the tenth 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 humane officer and director of neighborhood services to municipal court or as otherwise allowed by law. If an owner appeals the determination of the humane officer or director of neighborhood services, a hearing shall be held pursuant to section 14-204.
(c) 
The humane officer may seek a determination by the court that a dog be determined to be a dangerous dog and that the court consider ordering euthanizing the dog or microchipping and banning the dog from the city.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
The court, on receiving a report that an owner of a dangerous dog has not complied with section 14-206 or a request for a determination under subsection 14-203(c) or an appeal pursuant to section 14-202 shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner has complied with section 14-206, or whether the dog should be determined to be dangerous and the action to be ordered. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered or notice is given to the owner pursuant to section 14-202.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the dog or the person from whom the dog was seized;
(2) 
The person who made the complaint; and
(3) 
Any witnesses including the humane division.
(c) 
Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(d) 
The court, after determining that the dog is a dangerous dog or determining that the owner of the dangerous dog has failed to comply with the requirements of section 14-206 or any order of the court, shall order the humane officer to impound or continue to impound the dangerous dog in secure and humane conditions until such time as:
(1) 
The court orders disposition of the dog and the dog is returned to the owner to be maintained as provided in section 14-206,
(2) 
The court orders disposition of the dog and the dog is thereby humanely destroyed,
(3) 
The court orders disposition of the dog and the dog is microchipped and is removed from the city; or
(4) 
The dog is deceased.
(e) 
The owner may appeal the decision of the court by following the appropriate procedures for appeal of a decision of municipal court. During the appeal period, the dog shall remain in the custody, care and control of the humane division. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed.
(f) 
The court shall issue its ruling within 24 hours from the conclusion of the hearing.
(Ordinance 3235, § 1, adopted 4/22/2013)
It shall be a separate violation of this article for any person to refuse or fail to surrender a dog subject to this article, or harbor, hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
Not later than the fifteenth day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) 
Register the dangerous dog with the humane officer and pay an annual registration fee of $600.00.
(2) 
Restrain the dangerous dog at all times on a leash of sufficient strength to restraint the dog in the immediate control of a person or in a proper enclosure as defined in section 14-2 of this chapter with the requirement that the enclosure be posted with signs, that may be purchased at the humane division, on all sides in four-inch letters capable of being read from the public street or highway warning of the presence of dangerous dog and shall include a symbol of dangerous dogs understandable by young children;
(3) 
Obtain and maintain 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 humane division each year at the time of annual registration or upon request.
(4) 
Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or dog when the dangerous dog is taken off the property of the owner for any reason;
(5) 
Provide the dangerous dog with a fluorescent orange or yellow collar, that may be purchased at the humane division, with the word "danger" inscribed on the collar to be worn by the dog at all times and to be visible at 50 feet in normal day light so that the dog can be identified;
(6) 
The dog shall be spayed or neutered prior to being returned to the owner and the cost of the service shall be at the owner's expense; and
(7) 
The humane officer shall implant a microchip identification device on the dog immediately after the court has ruled in a hearing pursuant to section 14-204 that such dog is dangerous. The dog's microchip shall be registered with a national registry. The cost of the service shall be at the owner's expense; and
(8) 
The owner shall agree to be inspected annually or more frequently at the humane officer's discretion to determine compliance with this section or any order of the court as applicable.
(b) 
The owner of a dangerous dog shall notify the humane officer within 24 hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away.
(c) 
If an owner of a dangerous dog that is required to be registered moves the dog to a new address, the owner, not later than the fifth business day after the date of the move, shall notify the humane division of the new address and shall be subject to inspection by the humane division if the new address is located within the City of North Richland Hills.
(d) 
If an owner of a dangerous dog that is required to be registered sells the dog or gives the dog to a new owner, the dangerous dog is no longer permitted to reside in the city limits of the City of North Richland Hills.
(e) 
Dogs declared dangerous by another jurisdiction are not permitted to reside in the city limits of the City of North Richland Hills.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
Humane division may, in their discretion, may request the owner of a dangerous dog to show proof, on a quarterly basis, of compliance with this article. If the humane division determines that the owner of a dangerous dog has failed to comply with any requirement listed in subsection 14-206(a), the humane officer shall issue notice of non-compliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the humane officer.
(b) 
If the humane officer is not in receipt of the dog immediately after delivery of the notice, then the court shall order the humane officer or his designee to seize the dog and the court shall issue a warrant authorizing the seizure. The humane officer shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions. After the expiration of three days, if the owner of the dangerous dog has not sufficiently presented proof to the humane officer that he or she is in compliance with subsection (a), the humane officer shall refer the case to the municipal court for notice and hearing.
(c) 
Upon proof to the court of the dangerous dog owner's non-compliance, the court shall enter, no later than the day of the hearing, a final order for the humane destruction of the dog or an order for the removal of the dog from the city.
(d) 
The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure, city license and rabies vaccination.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
A person commits an offense if the person is the owner or harborer of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog's enclosure and causes bodily damage to the person or other animal.
(b) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the humane division or a licensed veterinarian.
(c) 
In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $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.
(d) 
Nothing in this chapter should be construed to prohibit a victim or victim's family from filing a claim against the owner of a dangerous dog or any dog, cat, or ferret that inflicts injury upon a person, their pet animal, livestock or fowl.
(Ordinance 3235, § 1, adopted 4/22/2013)
(a) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this article.
(b) 
An offense under this section is a Class C misdemeanor.
(Ordinance 3235, § 1, adopted 4/22/2013)
(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 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; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(b) 
It is a defense to prosecution under this article that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog.
(c) 
It is a defense to prosecution under this article that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler.
(Ordinance 3235, § 1, adopted 4/22/2013)