(A) It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous animal in the city unless the owner complies with the requirements of this chapter and, with respect to dogs, all state statutes regulating dangerous dogs.
(B)
It shall be unlawful for a person who owns or keeps control of a dangerous animal to fail to comply with any provision of this section or applicable orders of the court. An offense under this subsection is a Class C misdemeanor punishable by a fine of not more than $2,000.
(C) An Animal Services Officer has authority to impound a dangerous animal found running at large. If impoundment of a dangerous animal running at large cannot be made with safety to the Animal Services Officer or other persons, the animal may be destroyed without notice to the owner.
(D) Determination that animal is dangerous.
(1) When a person files a report of a dangerous animal or upon their own instigation, an animal services officer shall investigate whether the animal is a dangerous animal. If, after receiving the sworn statements of any witnesses, the animal services officer determines that the animal is a dangerous animal as defined in § 91.001 of this chapter, the animal services officer shall notify the owner in writing of that determination.
(2)
The animal control authority shall require the owner to deliver the dangerous animal to the animal control authority not later than 72 hours after the date on which the owner received the notice that the animal is a dangerous animal. If the owner fails to deliver the animal, the municipal court judge shall order the animal control authority to seize the animal, and the municipal court judge shall issue a warrant authorizing the seizure.
(E) Appeal of animal control authority’s determination.
(1) An owner, not later than the tenth day after the date the owner is notified that an animal owned by the owner is a dangerous animal, may make a written appeal of the determination of the animal services officer to the municipal court of the city.
(2) To file an appeal, the owner must:
(a) File a notice of appeal of the animal services officer’s dangerous animal determination with the court;
(b) Attach a copy of the determination of the animal services officer; and
(c) Serve a copy of the notice of appeal on the animal services division by mailing the notice through the United States Postal Service. For purposes of this section, an appeal of the determination of the animal services officer to the municipal court of the city shall be considered effective on the date it is postmarked or hand-delivered to the municipal court of the city. Upon timely receipt of an appeal, the municipal court shall schedule a hearing in accordance with § 91.006(F) of this chapter.
(3) If an owner files an appeal, the owner must deliver the animal to the Animal Services Division on the same day on which the owner files the appeal. If the animal was already impounded with the Animal Services Division for whatever reason, the animal shall remain impounded. The Animal Services Division shall provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal. The owner shall pay any cost incurred with impoundment of the animal.
(4) If the owner fails to deliver the dog as required by division (D)(2), the court shall order the Animal Services Division to seize the animal and shall issue a warrant authorizing the seizure. The Animal Services Division shall seize the animal and provide for the impoundment of the animal in secure and humane conditions until the court orders the disposition of the animal. The owner shall pay any cost incurred in seizing the animal.
(5) It shall be unlawful for a person to harbor, hide, transport, or secure the transport of an animal for the purpose of preventing its impoundment under this division (E).
(F) Hearing before the municipal court.
(1) The court, on receiving an appeal under division (E)(2) of this chapter or an application under division (G)(3) of this chapter shall set a time for a hearing to determine whether the animal is a dangerous animal or whether the owner of the animal has complied with division (G)(1) of this chapter.
(2) The hearing must be held not later than the tenth day after the date on which the animal is seized or delivered.
(3) The court shall give written notice of the time and place of the hearing to:
(a) The owner of the animal or the person from whom the animal was seized; and
(b) The person who made the complaint.
(4) Any interested party, including the City Attorney, is entitled to present evidence at the hearing.
(5) At the hearing, the court shall determine the estimated costs to house and care for the impounded animal during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(6) An owner or person filing the action may appeal the decision of the municipal court in the manner described by § 822.0424.
(G) Requirements for owner of dangerous animal.
(1) Not later than the tenth day after an owner receives final notice that the animal is a dangerous animal, the owner shall:
(a) Register the dangerous animal with the Animal Services Division and pay $100 annual dangerous animal registration fee;
(b) Obtain a certificate of registration, an identification tag that is numbered and clearly marked "DANGEROUS ANIMAL", and a dangerous animal collar from the animal control authority. Dangerous animal shall wear such identification at all times;
(c) Post signage indicating "DANGEROUS ANIMAL ON PREMISES" on all fencing areas accessible to the public. Signs must be a minimum of 8x12 inches and clearly visible;
(d) Restrain the dangerous animal at all times on a leash in the immediate control of a person over the age of 18 or in a secure enclosure. A secure enclosure for this purpose shall be:
1. Locked;
2. Capable of preventing entry of the general public, including children;
3. Capable of preventing the escape or release of an animal;
4. Clearly marked as containing a dangerous animal;
5. Enclosed by a secure top and sides with a solid bottom or constructed in such a manner which would prevent the animal from tunneling under the secure enclosure and escaping;
6. Protected from the elements adequately for the animal's humane care;
7. The secure enclosure or pen shall be at least two square feet per pound, per animal, so confined;
8. The structure must be species-appropriate; and
9. Secure enclosures shall be kept in a clean and sanitary condition.
(e) Further secure the dangerous animal with a cage or basket muzzle in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous animal is taken off the property of the owner for any reason;
(f) Obtain liability insurance coverage or show financial responsibility in an amount of at least $250,000 per incident, to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or another animal and provide proof thereof to the Animal Services Division; and
(g) Spay or neuter the dangerous animal within ten days of final determination and provide proof of sterilization to the animal control authority within one business day after the surgery is performed.
(2) The owner of a dangerous animal who does not comply with division (G)(1)(a) through (g) shall deliver the dangerous animal to the Animal Services Division not later than the fifteenth day after the owner learns that the animal is a dangerous animal.
(3) If, on application of any person, the municipal court finds, after notice and hearing as provided by § 822.0423, that the owner of the dangerous animal has failed to comply with divisions (G)(1)(a) through (g), the court shall order the Animal Services Division to seize the dangerous animal and shall issue a warrant authorizing the seizure. The Animal Services Division shall seize the dangerous animal and shall provide for the impoundment of the animal in secure and humane conditions until the court orders disposition of the animal.
(4) The owner of the animal shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the animal.
(5) The court shall order the Animal Services Division to humanely destroy the animal if the owner has not complied with divisions (G)(1)(a) through (g) before the eleventh day after the date on which the animal is seized or delivered to the Animal Services Division, except that, notwithstanding any other law or local regulation, the court may not order the destruction of the animal during the pendency of an appeal under division (F)(6) of this chapter.
(6) The court may order the humane destruction of the animal if the owner of the animal has not been located before the fifteenth day after the seizure and impoundment of the animal.
(7) For purposes of this section, a person learns that the person is the owner of a dangerous animal when:
(a) The owner knows of an attack described in the definition of dangerous animal in § 91.001 of this chapter;
(b) The owner receives notice that the municipal court has found that the animal is a dangerous animal under § 91.006; or
(c) The owner is informed by the Animal Services Division that the animal is a dangerous animal under § 91.006.
(8) It shall be unlawful for a person to harbor, hide, transport, or secure the transport of an animal for the purpose of preventing its impoundment under this division.
(H) Violations.
(1) A person who owns or keeps custody or control of a dangerous animal commits an offense if:
(a) The person fails to comply with any provision of § 91.006; or
(b) The dangerous animal commits any action of a danergous animal as defined in this chapter.
(2) A person commits an offense if the person is the owner of a dangerous animal and the dangerous animal makes an unprovoked attack on another person outside the animal’s enclosure and causes bodily injury to the other person. If a person is found guilty of this offense, the court may order the dangerous animal be destroyed by a person listed in Tex. Health and Safety Code, § 822.004.
(3) An offense under this division (H) is a Class C misdemeanor punishable by a fine of up to $2,000, unless it is an attack by a dangerous dog that causes serious bodily injury or death to a person, in which event such attack by a dangerous dog is a felony as provided by § 822.005 of the Tex. Health and Safety Code.
(I) Notifications.
(1) If an owner of a dangerous animal sells or moves that animal to a new address, the owner, not later than the tenth day after the date of the sale or move, shall notify the animal services division. If ownership of the dangerous animal changes, the former owner shall provide the animal control authority with the name, address, and telephone number of the new owner. If the new owner's address is within the city limits or if the dangerous animal is kept within the city limits, the animal control authority shall notify the new owner by certified mail, return receipt requested, or in person that the animal has been determined to be a dangerous animal and provide the new owner a copy of the requirements contained in this section. It shall be unlawful for new owners to fail to comply with any requirements of this section. The same reporting and registration requirements are imposed on any and all subsequent owners of the dangerous animal.
(2) The owner of a dangerous animal shall notify the Animal Services Division within 24 hours if:
(a) The dangerous animal makes an attack on a human being or another animal;
(b) The dangerous animal is at large or unconfined; or
(c) The dangerous animal has died.
('68 Code, § 5-14) (Ord. 3-1989-10, passed 3-21-89; Am. Ord. 09-2016-47, passed 9-27-16; Am. Ord. 07-2021-32, passed 7-13-21)
Penalty, see § 91.999