(A) Should any person be bitten by any animal, upon complaint made to any officer charged with the enforcement of this chapter, the owner or other person responsible for such animal shall be notified by such officer to keep such animal confined and under observation by a veterinarian licensed to practice in the state, for not less than ten days after such person was bitten and to release such animal only upon approval by such veterinarian. Upon the failure of the owner or other person responsible for such animal to comply with such notice, such officer shall take such animal and cause it to be confined and placed under observation with such veterinarian. The owner or other person responsible for such animal shall be responsible for any actual expenses incurred for treatment, veterinary fees and lodging fees. If any animal dies while under observation, the head of such animal shall be sent directly to the State Health Department either located in Houston or Austin, Texas, for examination. Notice of any confinement by such officer of any biting animal pursuant to the provisions of this division (A) shall be given to the owner or other person responsible in the manner specified above in § 90.05(E) for the impoundment of nuisance animals. Upon the failure of the owner or other person to redeem any biting animal in the manner specified in said § 90.05(E) within 24 hours after the expiration of the ten day confinement period, the officer charged with the enforcement of this chapter shall be authorized to proceed with the adoption or destruction of such animal in the manner specified in said § 90.05(E).
(B) Any officer charged with the enforcement of this chapter shall have the right to destroy any animal suspected by such officer of being rabid which is found within the corporate limits.
(C) (1) If any officer charged with enforcing this chapter is of the opinion that any animal found within the corporate limits is dangerous, although not affected with rabies, such officer may order the person who owns or has custody of the animal to keep the animal at all times securely fastened by a chain or securely confined within the private property of such owner or person having custody of the animal, or keep the animal in such other manner as such officer may direct in order to prevent it from biting or having the opportunity to bite any person, including person lawfully on the premises where the animal is so fastened or confined, until further orders of such officer.
(2) In determining whether or not a animal is a dangerous animal, the following shall be taken into consideration by such officer:
(a) Whether or not such animal has bitten any person at any time;
(b) The surrounding circumstances indicating the temper or ferocity of the animal;
(c) The reputation of the animal in the community with regard to its temper or ferocity; and
(d) The general menace of the animal to the public.
(D) It shall be unlawful for any person within the corporate limits to own, keep, possess, harbor or to allow remaining upon the premises under such person’s control any dangerous animal.
(E) It is an exception to the application of division (D) above if such animal has been determined by an officer charged with the enforcement of this chapter, to be a dangerous animal under the provisions of division (C) above, and such animal is at all times kept in the manner required by such officer.
(Ord. 2005-10, passed 12-28-2005) Penalty, see § 90.99