(A) Judicial Determination by Municipal Court.
(1) The Municipal Court may determine that a dog is a dangerous dog in compliance with Tex. Health and Safety Code § 822.0422, and for such purpose the City Council elects to by governed by that section. An animal services officer may file a sworn report describing a dangerous dog incident with the Court. The sworn report shall present probable cause that the dog described in the report is a dangerous dog.
(2) An animal services officer shall famish written notice to the owner of the dog, as identified in the complaint, to inform the owner that a dangerous dog report has been filed with the court. The notice to the owner shall require the owner to deliver the dog immediately to the Animal Services Division upon receiving the notice, prodded that the Shelter Manager may, in his or her discretion, accept proof that the dog is impounded with a licensed veterinarian according to the terms of § 90.55(D). The notice to the owner shall also contain a statement that the owner will be notified by the court of the date and time for the hearing.
(3) If the owner fails to deliver the dog as required by Subsection (A)(2), the Court shall order the Animal Services Division to seize the dog and snail issue a warrant authorizing the seizure. An animal services officer shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions at the owner's expense until the Court orders the disposition of the dog. The Court shall determine, after notice and hearing as provided in § 90.52, whether the dog is a dangerous dog.
(B) Administrative determination by animal services officer.
(1) An animal services officer may determine that a dog is a dangerous dog after investigation of a dangerous dog report. An animal services officer shall furnish written notice to the owner of the dog as identified in the report to inform the owner that a dangerous dog report has been received. The owner will have five calendar days from the date the owner is notified to provide the animal services officer information regarding the incident described in the report. An animal services officer may consider additional information from other sources in the course of the investigation. If a dog has caused bodily injury to any person, an animal services officer may seize and impound the dog at the owner's expense pending a determination of whether the dog is a dangerous dog.
(2) If, after investigating a dangerous dog report, an animal services officer determines that the dog is a dangerous dog, the animal services officer shall provide notice to the owner of that fact. An owner may appeal an animal services officer's dangerous dog determination as allowed by law. The notice to the owner of the dangerous dog determination shall contain a statement that the owner has a right, not later than the fifteenth day after the date the owner receives such notice, to appeal such determination to the Harker Heights Municipal Court or as otherwise provided by law.
(3) The failure or decision not to make an administrative determination pursuant to this section shall have no bearing on any criminal prosecution for violation of any provision of this chapter, or any application for judicial determination hereunder.
(1) Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner;
(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 this subchapter, in which case an impounded dog shall be released to its owner after the owner demonstrates compliance with such requirements; or
(3) Determine that the dog is dangerous, order the owner to permanently remove the dog from the city within a designated period of time, and order the owner to:
(a) Provide a sworn statement to the Shelter Manager stating the street address, telephone number, and name of the person in control of the location outside of the city where the dog has been relocated; or
(b) Provide other evidence satisfactory to the Shelter Manager that the dog has been permanently removed from the city,
(Ord. 2018-04, passed 1-9-18)