(a) Except where a term is otherwise defined in Subsection (b) of this section, the definitions contained in Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are incorporated into this article by reference.
(b) In this article:
(1) BODILY INJURY means physical pain, illness, or any impairment of physical condition.
(2) DANGEROUS DOG means a dog that:
(A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
(3) SERIOUS BODILY INJURY means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
(4) UNPROVOKED means an action by a dog that is not:
(A) in response to being tormented, abused, or assaulted by any person;
(B) in response to pain or injury;
(C) in protection of itself or its food, kennel, immediate territory, or nursing offspring; or
(D) in response to an assault or attempted assault on a person. (Ord. Nos. 26024; 27250)
(a) The provisions of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, are incorporated into this article, and a violation of any provision of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, is an offense under this article.
(b) The director shall serve as the animal control authority for the city for purposes of administering and enforcing this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended.
(c) Seizure, impoundment, and humane destruction of a dog that has caused death or serious bodily injury to a person is governed by Subchapter A, Chapter 822 of the Texas Health and Safety Code, as amended. (Ord. Nos. 26024; 27250)
In addition to the provisions of Section 822.0421 of the Texas Health and Safety Code, as amended:
(a) At the conclusion of the investigation authorized by Section 822.0421 of the Texas Health and Safety Code, as amended, the director shall:
(1) determine that the dog is not dangerous and, if the dog is impounded, may waive any impoundment fees incurred and release the dog to its owner; or
(2) determine that the dog is dangerous and order the owner to comply with the requirements for ownership of a dangerous dog set forth in Section 7-5.5 of this article and in Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, and, if the dog is impounded, release the dog to its owner after compliance with all applicable requirements of Subsection (c) of this section.
(b) If a dog is determined to be dangerous, the director shall notify the dog owner, either in person or by certified mail, return receipt requested:
(1) that the dog has been determined to be a dangerous dog;
(2) what the owner must do to comply with requirements for ownership of a dangerous dog and to reclaim the dog, if impounded; and
(3) that the owner has the right to appeal the determination of dangerousness.
(c) An impounded dog determined by the director to be dangerous must remain impounded, or confined at a location approved by the director, and may not be released to the owner until the owner pays all fees incurred for impoundment of the dog and complies with all requirements for ownership of a dangerous dog set forth in this article and Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended.
(d) If the owner of an impounded dog has not complied with Subsection (c) within 15 days after a final determination is made that an impounded dog is dangerous, the dog will become the sole property of the city and is subject to disposition as the director deems appropriate. (Ord. Nos. 26024; 27250; 29403; 30901)
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