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(a) It is hereby declared to be a public nuisance that an owner or other person harbors, keeps or maintains a dangerous dog in the city unless the owner complies with the requirements of this article and state statutes regulating dangerous dogs.
(b) It is hereby declared to be a public nuisance that an owner or other person harbors, keeps or maintains in the city or brings to the city a dog that has been declared dangerous outside of the city under one or more of the following:
(1) Tex. Health & Safety Code Ch. 822;
(2) A local law or ordinance adopted in accordance with Tex. Health & Safety Code Ch. 822; or
(3) A statute or ordinance that is substantially similar to Tex. Health & Safety Code Ch. 822 and that was adopted by a political subdivision outside of the State of Texas.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) The director or his or her designee may investigate all reports of incidents as described in the definition of dangerous dog in § 6-1. The director may accept sworn statements from all victims and witnesses to the attack. If the director determines that the dog is a dangerous dog, the director shall notify the owner in writing of the determination.
(b) Notwithstanding any other ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the director to municipal court.
(c) To file an appeal under subsection (b), the owner must:
(1) File a notice of appeal of the director's dangerous dog determination with the municipal court;
(2) Attach a copy of the determination from the director; and
(3) Serve a copy of the notice of appeal on the director by mailing the notice through the United States Postal Service.
(d) An owner may appeal the decision of the municipal court under subsection (c) in the manner described by Tex. Health & Safety Code § 822.0424.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) Immediately after a person learns that the person is the owner of a dangerous dog, and during any appeal of a dangerous dog determination, the person shall:
(1) Restrain the dangerous dog at all times:
a. On a leash in the immediate control of a person; or
b. In a secure enclosure as defined in § 6-1; and
(2) Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason;
(b) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) Register the dangerous dog with the animal care and control authority and pay an annual registration fee of $500;
(2) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal care and control authority;
(3) Spay or neuter the dangerous dog;
(4) Post signs in four-inch letters on all sides of the secure enclosure warning of the presence of dangerous dogs and shall include a symbol of dangerous dogs understandable by young children; and
(5) Comply with all other requirements of this chapter.
(c) If the director determines that the owner of a dangerous dog has not complied with subsection (a) or (b) within the required times after learning that he or she is the owner of a dangerous dog, the director shall provide written notice of such determination to the owner. Said owner shall, within 15 days of notice, deliver the dog to the animal care and control authority which shall refer the case to the municipal court for notice and hearing.
(d) The animal care and control authority may request the owner of a dangerous dog to show proof of compliance with subsections (a) and (b) above. If proof is requested, after the expiration of three days, if the animal care and control authority determines that the owner of a dangerous dog has not sufficiently presented proof that he or she is in compliance with subsections (a) and (b) above, the director shall provide written notice of such determination to the owner. Said owner shall, within 15 days of notice, deliver the dog to the animal care and control authority which shall refer the case to the municipal court for notice and hearing.
(e) If, after notice and hearing as provided by § 6-15.5, the court finds that the owner of a dangerous dog has failed to comply with subsections (c) and (d) above, the court shall order the animal care and control authority to seize the dog and shall issue a warrant authorizing the seizure. The animal care and control authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) The court, on appeal of the animal care and control authority's dangerous dog determination under § 6-15.4(c) or application by any person, including the animal care and control authority, and upon finding that the owner of a dangerous dog has failed to comply with § 6-15.8(b), shall set a time for a hearing. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered.
(b) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was seized; and
(2) The person who made the complaint.
(c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(d) The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs. An owner or person filing the action may appeal the decision of the municipal court in the manner described by Tex. Health & Safety Code § 822.0424.
(e) The court shall order the animal care and control authority to humanely destroy the dog if the owner has not complied with § 6-15.4(a) and (b) before the 11th day after the date on which the dog is seized or delivered to the animal care and control authority, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal under Tex. Health & Safety Code § 822.0424. If, based on the recommendation of the animal care and control authority, the court determines, either after a hearing or without a hearing, that the owner has complied with § 6-15.4(a) and (b) above before the 11th day after the date on which the dog is seized or delivered to the animal care and control authority, the court shall order the animal care and control authority to return the dog to the owner.
(f) An owner or person filing the action may appeal the decision of the municipal court in the manner described by Tex. Health & Safety Code § 822.0424. During the appeal period, the dog shall remain in the custody, care and control of the animal care and control authority. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed.
(g) The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure and rabies vaccination, and the cost of euthanasia of the dog if ordered by the court.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) The owner of a dangerous dog shall notify the animal care and control authority within 24 hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died or has been sold or given away.
(b) If an owner of a registered dangerous dog sells or moves the dog to a new address, that owner, not later than the 14th day after the date of the sale or move, shall notify the animal care and control authority for the area in which the new address is located. Upon selling or moving the registered dangerous dog, that owner must notify the new owner or person who has care and control of the dog that he or she is keeping or taking ownership of a dog that has been declared dangerous.
(c) The owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or other animals.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
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