(A) The city adopts by reference the provisions of Tex. Health and Safety Code §§ 822.041 et seq.
(2012 Code, § 10-47)
(B) (1) Recognizing that state laws effectively deal with vicious animals after an attack but do not address actions that may prevent those attacks, the city has established this subchapter to identify animals displaying a propensity toward viciousness and action to be taken to protect the public.
(2) Vicious propensity is exhibited when an animal displays an unprovoked intent to attack a person or another animal.
(3) Any person who has knowledge that a dog or cat is of vicious propensity may, upon signed complaint to the city, cause written notice to be given by the city’s Police Department to the owner of such animal. Such notice may be hand-delivered or mailed by registered or certified mail, return receipt requested. A copy of such letter with the receipt confirming delivery shall be prima facie evidence that the owner of said dog or cat has been notified.
(4) A police investigation will confirm or invalidate the reported vicious propensity. The owner of an animal with confirmed vicious propensity will be warned in writing of the findings of the investigation and that to safeguard the public, the animal must be confined or muzzled. Failure to do so will result in a citation.
(5) It shall be the responsibility of the owner of any dog or cat deemed to be of vicious propensity to keep such dog or cat under secure confinement or muzzled while on a suitable leash. Secure confinement is defined as chain-link type fencing with six-foot high sides and the bottom edge embedded in a two-foot deep minimum four-inch thick concrete curb. Length and width is dependent on animal size (length and width must be five times the length of the animal or ten feet whichever is smaller). The top must be enclosed with the same fencing material as the sides. The enclosure must have a self closing, self-locking gate with non-removable hinges. The owner of the animal must also show proof of a $100,000 liability insurance policy per animal or show financial responsibility to cover damages.
(6) If, after notice to the owner of a dog or cat deemed to be of vicious propensity, such dog or cat while not muzzled or while not under confinement or restrained by a leash or chain, attacks or causes injury to any person or other animal, the police may impound such dog or cat. If the injured party makes an affidavit relating to the injury, confirmed by a physician that skin was broken or other injury sustained in the attack, the city may, at its discretion and upon due process, authorize and carry out the destruction of such dog or cat or order it permanently removed from the city within 24 hours.
(7) The Municipal Court, upon receiving a citation for a violation of this division (B), shall set a time for a hearing on the citation. The hearing must be held not later than the fifth day after the date on which the animal was impounded or the violation occurred.
(8) Except as provided in this division (B), provisions of Tex. Health and Safety Code §§ 826.031 et seq. shall govern.
(2012 Code, § 10-52) Penalty, see § 90.99