Subchapter VI DANGEROUS DOGS

The DCO may seize a dog that has been determined dangerous in accordance with section 91.050 of this chapter. Seizure of a dog under the provisions of this section must be supported by:

A sworn complaint of any person, including an Animal Services Officer, that the dog has attacked more than one person or is responsible for causing serious bodily injury to a person by attacking, biting, or mauling the person; or

Probable cause for the DCO to believe that the dog is responsible for biting more than one person or causing serious bodily injury to a person by attacking, biting, or mauling the person.

The DCO shall determine that the dog is dangerous and seize the dog or order its seizure and shall provide for the impoundment of the dog in secure humane conditions until a hearing is conducted in Municipal Court to determine the final disposition of the dog.

(Ordinance 4287 adopted 11/18/2025)

§ 91.052 Hearing.

The DCO shall schedule a hearing in Municipal Court, within 10 business days from the date the dog was seized, to determine whether the dog is responsible for biting more than one person or causing serious bodily injury to a person, in accordance with Texas Health and Safety Code, section 822.003, as amended. The intent of this hearing is to determine if the dangerous dog should be released to the owner or immediately humanely euthanized.

The DCO shall give written notice of the time and place of the hearing to:

The owner of the dog or the person from whom the dog was seized;

The person who made the complaint; and

The victim of the attack.

(C)

Any interested party, including the owner of the dog, the DCO, Animal Services Officer, City Attorney, or the person signing the complaint, is entitled to present evidence at the hearing.

(D)

In accordance with Texas Health and Safety Code, chapter 822, Subchapter A, as amended, the Municipal Court may order the dangerous dog humanely euthanized if the Municipal Court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person or if the dangerous dog poses a significant threat to public health and safety. If this finding is not made, the Municipal Court may order the dangerous dog released to:

Its owner;

The person from whom the dog was seized; or

Any other person authorized to take possession of the dog.

(E)

The Municipal Court may not order the dog humanely euthanized if the Municipal Court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person in the following manner:

The dog was being used for the protection of a person or person's property and the attack, bite, or mauling occurred in an enclosure in which the dog was being kept;

The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog;

§ 91.053 Euthanasia of a dangerous dog.

The injured person was at least 10 years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred;

(4)

At the time of the bite, attack, or mauling the dog was not in violation of any of the provisions of this chapter; and

(5)

The dog was being used by a peace officer for law enforcement purposes pursuant to the Texas Health and Safety Code, section 822.006, as amended.

(Ordinance 4287 adopted 11/18/2025)

The order to humanely euthanize a dangerous dog shall result in the euthanasia of the dangerous dog not later than 24 hours from the time the order was issued by the Municipal Court.

The euthanizing of the dangerous dog under this section must be completed by:

A licensed veterinarian; or

An Animal Services Officer who is trained in the humane euthanasia of animals.

(Ordinance 4287 adopted 11/18/2025)

§ 91.054 Release of dangerous dog.

If a dangerous dog is not ordered to be humanely euthanized, the owner of any dangerous dog released under the provisions of section 91.052 must comply with the following:

Provide proof that a liability insurance policy has been obtained for the dangerous dog in the amount of at least $100,000.00;

Maintain liability insurance policy required in this section at all times;

Register the dog each year on or before the anniversary of the date of release as a dangerous dog with the City for an annual fee. The animal shelter will provide a registration tag to the owner, which must be placed and remain on the dog's collar, which collar must be worn by the dog at all times;

(4)

Provide an enclosure for the dangerous dog, which is of sufficient strength to reasonably prevent the dog from escaping. This enclosure must be inspected and approved by the DCO before the release of a dangerous dog; and

(5)

Post signs giving notice of a dangerous animal in the area or on the premises in which the animal is confined. The signs shall be conspicuously posted at both the front and rear property entrances and at any entrance to the dog's enclosure and shall bear letters not less than two inches high, stating "DANGEROUS ANIMAL ON-PREMISES."

The owner shall have 20 days to provide proof of compliance with this section before the dog will be released to the owner. Failure to comply within 20 days will result in the dog being humanely euthanized as outlined in section 91.053. The owner reclaiming a dangerous dog must also comply with the following:

Dangerous dogs reclaimed by their owner must be kept in a secure location on the owner's property. The DCO must approve this location before such animal is released to their owner;

Must maintain current rabies vaccination for the dangerous dog; and