In this article:
(1) AGGRESSIVE DOG means a dog that on at least one occasion, while not legally restrained, killed or injured a legally restrained domestic animal or livestock.
(a) Upon notification of an incident described in Section 7-5.12 of this article, the director shall investigate to determine if a dog is aggressive unless the dog becomes the property of the city. The determination must be based upon an investigation that includes observation and testimony about the dog's actions at the date of the incident, including the owner's or keeper's control of the dog, and any other relevant evidence determined by the director. Observations and testimony can be provided by the animal services officer or by other witnesses who personally observed the dog's actions on the date of the incident. Animal service officers or other witnesses shall sign an affidavit attesting to the observed actions on the date of the incident or other evidence collected and detailed in a report by an animal services officer and agree to provide testimony regarding the dog's actions on the date of the incident if necessary.
(b) Notwithstanding Subsection (a), the director shall have discretionary authority to refrain from determining a dog is an aggressive dog, even if the dog engaged in acts specified in Section 7-5.12.
(c) The director may seize and impound the dog at the owner's expense pending the investigation and determination of whether the dog is an aggressive dog. The director shall impound the dog, if the director cannot, with due diligence locate the owner of the dog that has been seized under this subsection. If the owner of the dog has not been located before the 15th day after seizure and impoundment, the dog will become the sole property of the city and is subject to disposition as the director deems appropriate.
(d) At the conclusion of the investigation required by this section, the director shall:
(1) determine that the dog is not aggressive and, if the dog is impounded, may waive any impoundment fees incurred and release the dog to its owner;
(2) determine that the dog is aggressive and order the owner to comply with the requirements for ownership of an aggressive dog set forth in Section 7-5.15 of this article and, if the dog is impounded, release the dog to its owner after compliance with all applicable requirements of Subsection (e) of this section.
(3) If a dog is determined to be an aggressive dog, the director shall notify the dog owner in person or by certified mail, return receipt requested:
(i) that the dog has been determined to be an aggressive dog;
(ii) what the owner must do to comply with requirements for ownership of an aggressive dog and to reclaim the dog, if impounded; and
(iii) that the owner has the right to appeal the determination of aggressiveness.
(e) An impounded dog determined by the director to be aggressive 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 an aggressive dog set forth in this article.
(f) If the owner of an impounded dog has not complied with Subsection (e) within 15 days after a final determination is made that an impounded dog is aggressive, the dog will become the sole property of the city and is subject to disposition as the director deems appropriate. (Ord. Nos. 30901; 32843)
If, under Section 7-5.13 of this article, the director determines that a dog is aggressive, that decision is final unless the dog owner files a written appeal with the municipal court within 10 days after receiving notice that the dog has been determined to be aggressive. The appeal is a de novo hearing and is a civil proceeding for the purpose of affirming or reversing the director's determination of aggressiveness. If the municipal court affirms the director's determination of aggressiveness, the court shall order that the dog owner comply with the ownership requirements set forth in Section 7-5.15 of this article. If the municipal court reverses the director's determination of aggressiveness and, if the dog is impounded, the court may waive any impoundment fees incurred and release the dog to its owner. (Ord. 30901)
(a) A person shall, not later than the 30th day after learning that he is the owner of an aggressive dog:
(1) have an unsterilized aggressive dog spayed or neutered;
(2) register the aggressive dog with the director and pay to the director an aggressive dog fee of $201;
(3) restrain the aggressive dog at all times on a leash in the immediate control of a person or in a secure enclosure;
(4) when taken outside the secure enclosure, securely muzzle the dog in a manner that will not cause injury to the dog nor interfere with its vision or respiration. The muzzle must prevent the aggressive 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 aggressive dog causing bodily injury to a person or another animal. 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 aggressive dog causing bodily injury to a person or another animal.
(B) Obtaining a surety bond conditioned for payment to cover damages resulting from an attack by the aggressive dog causing bodily injury to a person or another animal.
(C) Obtaining an escrow account conditioned for payment to cover damages resulting from an attack by the aggressive dog causing bodily injury to a person or another animal.
(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 aggressive dog causing bodily injury to a person or another animal.
(E) Any other proof of financial responsibility deemed acceptable by the judge who heard the appeal under Section 7-5.14;
(6) place and maintain on the aggressive dog a collar or harness with a current aggressive dog registration tag securely attached to it;
(7) have the aggressive dog injected with a microchip implant and registered with a national registry for dogs;
(8) post a legible sign at each entrance to the enclosure in which the aggressive dog is confined stating "BEWARE AGGRESSIVE DOG." The aforementioned sign must be purchased from Dallas Animal Services.
(b) The owner of the aggressive dog shall renew the registration of the aggressive dog with the director annually and pay an annual aggressive dog registration fee of $50.
(c) The owner of an aggressive 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 aggressive.
(d) Upon receipt of a sworn, written complaint by any person that the owner of a previously determined aggressive 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 an aggressive 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 an aggressive 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 aggressive 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 or her intention. In addition to written notification if ownership of the aggressive 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 aggressive dog can be moved from the previous owner's custody. A person commits an offense if he or she transfers ownership without complying with the requirements of this subsection.
(a) If a previously determined aggressive dog commits an act described in Section 7-5.12 of this article, the director may seize and impound the aggressive dog at the owner's expense pending a hearing before the municipal court in accordance with this section.
(b) Upon receipt of a sworn, written complaint by any person, including the director, of an incident described in Section 7-5.12 of this article, the municipal court shall conduct a hearing to determine whether an aggressive dog committed an act described in Section 7-5.12 of this article. 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 owner of the aggressive dog and the complainant. Any interested party may present evidence at the hearing.
(c) At the conclusion of the hearing, the municipal court shall:
(1) find that the aggressive dog did not commit an act described in Section 7-5.12 of this article, 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 aggressive dog did commit an act described in Section 7-5.12 of this article, and order the director to seize and impound the dog, if the dog is not already impounded, and the aggressive dog will become the sole property of the city and is subject to disposition as the director deems appropriate.