(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)
(a) If, under Section 7-5.3 of this article, the director determines that a dog is dangerous, that decision is final unless the dog owner files a written appeal with the municipal, justice, or county court within 15 days after receiving notice that the dog has been determined to be dangerous. The appeal is a de novo hearing and is a civil proceeding for the purpose of affirming or reversing the director's determination of dangerousness. If the municipal court affirms the director's determination of dangerousness, the court shall order that the dog owner comply with the ownership requirements set forth in Section 7-5.5 of this article.
(b) The dog owner filing an appeal of a municipal court's affirmation of the director's determination shall also file an appeal bond in an amount determined as the estimated costs to board and impound the dog during the appeal process. The bond must be filed with the court if the dog is impounded in the city's animal shelter or another director-approved facility. The bond must be used to cover the cost of daily care of the dog. Should the judge or jury determine the dog is not dangerous, the appeal bond
may be returned if the amount has not been assessed as costs of daily care.
(a) In addition to complying with the requirements of Subchapter D, Chapter 822 of the Texas Health and Safety Code, as amended, a person shall, not later than the 30th day after learning that he is the owner of a dangerous dog:
(1) have an unsterilized dangerous dog spayed or neutered;
(2) register the dangerous dog with the director and pay to the director a dangerous dog registration fee of $252;
(3) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(4) when taken outside the enclosure, securely muzzle the dangerous dog in a manner that will not cause injury to the dog nor interfere with its vision or respiration. The muzzle must prevent the dangerous dog from biting any person or animal;
(5) show acceptable proof of financial responsibility in the amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. The owner shall maintain proof of financial responsibility at all times as required by this article. Failure or refusal of the owner to have and maintain proof of financial responsibility in full force and effect is a violation of this article and an offense. The owner may show acceptable proof of financial responsibility by any of the following methods:
(A) Obtaining liability insurance conditioned for payment to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(B) Obtaining a surety bond conditioned for payment to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(C) Obtaining an escrow account conditioned for payment to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(D) Obtaining a certificate of deposit at a financial institution that is insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration and an affidavit stating the certificate of deposit is intended to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
(E) Any other proof of financial responsibility deemed acceptable by the judge who heard the appeal under Section 7-5.4;
(6) place and maintain on the dangerous dog a collar or harness with a current dangerous dog registration tag securely attached to it;
(7) have the dangerous dog injected with a microchip implant and registered with a national registry for dogs; and
(8) post a legible sign at the entrance to the enclosure in which the dangerous dog is confined stating "BEWARE DANGEROUS DOG." The aforementioned sign must be purchased from Dallas Animal Services.
(b) The owner of a dangerous dog shall renew registration of the dangerous dog with the director annually and pay an annual dangerous dog registration fee to the director of $50.
(c) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the director not later than the 30th day after learning that the animal is dangerous.
(d) Upon receipt of a sworn, written complaint by any person that the owner of a previously determined dangerous dog has failed to comply with Subsection (a) of this section, the municipal court shall conduct a hearing to determine whether the owner is in compliance with Subsection (a). The hearing must be conducted within 30 days after receipt of the complaint, but, if the dog is already impounded, not later than 10 days after the date on which the dog was seized or delivered. The municipal court shall provide by mail, written notice of the date, time, and location of the hearing to the dog owner and to the complainant. Any interested party may present evidence at the hearing.
(e) At the conclusion of the hearing, the municipal court shall:
(1) find that the owner of a dangerous dog is in compliance with Subsection (a) of this section and, if the dog is impounded, order the director to waive any impoundment fees incurred and release the dog to its owner; or
(2) find that the owner of a dangerous dog is not in compliance with Subsection (a) of this section and order the director to seize and impound the dog (if the dog is not already impounded) and to:
(A) humanely destroy the dog if the director determines that the owner has not complied with Subsection (a) of this section by the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later, or release the dog to the owner if the director determines that the owner has complied with Subsection (a) before the 11th day;
(B) humanely destroy the dog if:
(i) the director determines that the owner has not complied with Subsection (a) of this section by the 11th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later;
(ii) the owner of the dog cannot be located before the 15th day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later; or
(iii) the dog was previously determined dangerous was at large.
(f) Prior to transferring ownership, either inside or outside the city limits, the owner shall notify the director in writing of his intention. In addition to written notification if ownership of the dangerous dog is being transferred to a person who resides within the city limits, the new owner must provide proof to the director of complying with Subsection (a) before the dangerous dog can be moved from the previous owner's custody. A person commits an offense if he transfers ownership without complying with the requirements of this subsection.
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