The Shelter Manager shall develop an animal abuser registry. The registration form shall contain:
(A) 
The registrant's full name, date of birth, gender, and race;
(B) 
The address at which the registrant resides or intends to reside or, if the registrant does not reside or intend to reside at a physical address, a detailed description of each geographical location at which the registrant resides or intends to reside;
(C) 
The name and address of the registrant's employer;
(D) 
Each alias used by the registrant and all home, work, and cellular telephone numbers used by the registrant;
(E) 
A recent color photograph or, if possible, an electronic digital image of the registrant;
(F) 
A description (to include the date and location) of the offense or incident which requires the person to register under this chapter; and
(G) 
Any other identifying information required by the Shelter Manager.
(Ord. 2019-10, 4-23-2019)
(A) 
A person must pay a registration fee as set forth in the city fee schedule and register with the city on the form promulgated by the Shelter Manager if the person is an adult who is physically present in the city for more than ten days in a calendar year and:
(1) 
A court has made a final determination that such person has cruelly treated an animal under Tex. Health and Safety Code §§ 821.022 or 821.025, or substantially similar law of another jurisdiction; or
(2) 
Such person has previously been finally convicted of an offense under Tex. Penal Code § 21.09 (bestiality), Tex. Penal Code § 42.09 (cruelty to livestock animals), Tex. Penal Code § 42.091 (attack on assistance animal), Tex. Penal Code § 42.092 (cruelty to non-livestock animals), Tex. Penal Code § 42.10 (dog fighting), Tex. Penal Code § 42.105 (cockfighting), or Tex. Health and Safety Code Chapter 821 (treatment and disposition of animals), or an offense under the law of any other jurisdiction containing elements that arc substantially similar to the elements of an offense under this division.
(B) 
The person must satisfy the requirements of this section within:
(1) 
Thirty days after the effective date of this subchapter, if the final conviction or determination described above occurred prior to the effective date of this subchapter and the person resides in the city on the effective date hereof;
(2) 
Ten days after the date of the final conviction or determination described above, if such date is after the effective date of this subchapter and the person resides in the city on such date; or
(3) 
In all other cases, ten days after the date the person arrives in the city.
(C) 
If any information provided on the person's registration form changes, the person must file a corrected registration form with the Shelter Manager within seven days of the effective date of such change.
(D) 
The duty of a person to register under this section ends on the third anniversary of the date of the final conviction or determination described in division (A) above, provided that if a person who was previously subject to registration under this section becomes subject to a subsequent final conviction or determination described in division (A) above, the duty to register is extended to the tenth anniversary of the date of the most recent such conviction or determination. When a person is no longer required to register under this section, the Shelter Manager shall remove all information about the person from the Animal Abuser Registry.
(Ord. 2019-10, 4-23-2019)
A person who must register under § 90.81 is prohibited from:
(A) 
Keeping any animal within the corporate limits of the city;
(B) 
Allowing, causing or permitting any animal to be kept on his property within the corporate limits of the city; and
(C) 
Being employed by or volunteering at any humane society, animal shelter, animal-welfare organization, animal breeder, pet shop, or veterinary clinic within the corporate limits of the city.
(Ord. 2019-10, 4-23-2019)
If an animal is found on the premises of a person required to register under § 90.81, an animal services officer or peace officer may remove said animal and take it to the animal shelter to be held for a period of ten days. If the animal is not reclaimed within such time by an owner who is not required to register under § 90.81, the owner shall be deemed divested of ownership of the animal, the animal shall become the property of the city, and the animal shall be placed for adoption in a suitable home, given to non-profit animal welfare organization, or humanely destroyed. The person from whom the animal was seized is liable to the city for the costs incurred in housing and caring for the animal during its impoundment, and in humanely destroying the animal if the animal is destroyed.
(Ord. 2019-10, 4-23-2019)
A person commits an offense if the person knowingly interrupts, disrupts, impedes, or otherwise interferes with any animal services personnel while such personnel are performing a duty or exercising authority imposed or granted under this chapter. It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.
(Ord. 2009-3, 1-27-2009; Ord. 2014-30, 11-18-2014)
(A) 
A person commits an offense if the person is the owner of a dangerous dog and:
(1) 
The dog makes an unprovoked attack on another person outside the dog's enclosure and the attack causes bodily injury to the person;
(2) 
The dog makes an unprovoked attack on a domestic animal or domestic fowl while said dog is at large and the attack causes bodily injury or death to the domestic animal or domestic fowl;
(3) 
The person performs an act prohibited or fails to perform an act required by this chapter.
(B) 
A person commits an offense if he owns or harbors a dog within the territorial limits of the city that has been determined lo be a dangerous dog by any other jurisdiction.
(C) 
A person commits an offense if the person provides false, misleading, or incomplete information in connection with any registration required by this chapter.
(D) 
A person commits an offense if the person knowingly sells, delivers, gives, exchanges, or otherwise transfers ownership or possession of an animal to a person who is required to register under § 90.81, or to an individual who resides at the same address as a person who is required to register under that section.
(E) 
A person commits an offense if the person performs an act prohibited by this chapter, or fails to perform an act required by this chapter, and no other penalty is prescribed for the violation.
(F) 
An animal services officer is authorized to issue a written notice of violation and to file a complaint in the Municipal Court against any person who violates a provision of this chapter.
(Ord. 2018-04, 1-9-2018; Ord. 2019-10, 4-23-2019)
(A) 
It is an affirmative defense to prosecution under § 90.97(A) that the person is a veterinarian, a peace officer, a person employed by a recognized animal services center, 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 an affirmative defense to prosecution under § 90.97(A) that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes, and the incident giving rise to such prosecution occurred within the course and scope of such employment.
(C) 
It is an affirmative defense to prosecution under § 90.97(A) that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, and is not the actual owner of the dog.
(D) 
It is a defense to prosecution under § 90.97(A) that the person injured by the dangerous dog was teasing, tormenting, abusing, or assaulting the dog or has been previously reported to the Animal Services Division as having teased, tormented, abused or assaulted the dog.
(E) 
It is a defense to prosecution under § 90.97(A) that the person injured by the dangerous dog was committing or attempting to commit a crime,
(F) 
It is a defense to prosecution under § 90.97(A) that the dog was protecting or defending a person from an unjustified attack or assault while in such person's control.
(G) 
It is an affirmative defense to prosecution under § 90.97(C) that the person lawfully owned and harbored the dog in the city on January 19, 2018.
(Ord. 2018-04, 1-9-2018)