§ 90.46 DETERMINATION THAT ANIMAL IS DANGEROUS.

   (A)   If, after performing an investigation of a dangerous incident and receiving the sworn statements of any witnesses, the animal control authority determines the animal is a dangerous dog or a dangerous animal, the animal control authority shall notify the owner in writing of the determination.

   (B)   An owner, not later than the 15th day after the date the owner is notified that an animal owned by the owner is a dangerous dog or dangerous animal, may appeal the determination of the animal control authority to the municipal court of the city. Upon the filing of an appeal under this section, the municipal court of the city shall schedule a hearing on the appeal in accordance with § 90.50.

   (C)   To file an appeal under division (B), the owner must:

      (1)   File a notice of appeal of the animal control authority's dangerous dog or dangerous animal determination with the clerk of the municipal court of the city, which must include the name, address, and phone number of the owner;

      (2)   Attach a copy of the determination from the animal control authority; and

      (3)   Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.

   (D)   An appeal filed under division (B) shall be considered effective on the date it is postmarked by the United States Post Office or hand-delivered to the clerk of the municipal court of the city.

   (E)   Upon filing an appeal under division (B), the owner shall immediately deliver the animal to the animal control authority, and the animal control authority shall provide for the impoundment of the animal in secure and humane conditions pending an order of disposition from the municipal court of the city.

   (F)   If the owner fails to deliver the animal as required by division (E), the court shall issue a warrant authorizing the seizure of the animal. The animal control authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the animal control authority related to the seizure, acceptance, impoundment, or destruction of the animal. The governing body of the city may prescribe the amount of the fees. The animal shall remain impounded pending an order of disposition from the municipal court of the city.

(Ord. 0620-1, passed 6-15-2020)

§ 90.47 KNOWLEDGE OF A DANGEROUS DOG OR DANGEROUS ANIMAL.

   For purposes of this section, a person learns he or she is the owner of a dangerous dog or dangerous animal and is subject to the requirements in § 90.48 upon the occurrence of any of the following:

   (A)   The owner knows of a dangerous incident involving the animal;

   (B)   The owner is notified by the animal control authority that the animal is a dangerous dog or dangerous animal; or

   (C)   The owner is notified by the municipal court that the court has upheld the animal control authority's determination that the animal is a dangerous dog or dangerous animal.

(Ord. 0620-1, passed 6-15-2020)

§ 90.48 REQUIREMENTS OF A DANGEROUS DOG OR DANGEROUS ANIMAL.

   (A)   Not later than the 30th day after a person learns that the person is the owner of a dangerous dog or dangerous animal:

      (1)   The person shall:

         (a)   Register the animal with the animal control authority for the city and maintain current registration at all times;

         (b)   Restrain the animal in a secure enclosure inspected and approved by the animal control authority;

         (c)   Not permit the animal to be outside the secure enclosure unless the animal is muzzled, in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal, and restrained by a substantial chain or leash, no longer than six feet in length, and a capable person is in immediate physical control of the leash;

         (d)   Obtain and maintain liability insurance coverage that includes coverage for animal attacks in an amount of at least $100,000 to cover damages resulting from an attack by the animal and provide proof of the required liability insurance coverage animal control authority;

         (e)   Present proof to the animal control authority that the animal has been sterilized so as to prevent reproduction;

         (f)   Pay any cost or fee assessed by the city in the amount set by the City Council that is related to the seizure, acceptance, impoundment, compliance inspection or re-inspection, or destruction of the animal;

         (g)   Microchip the animal and register the animal for its life with a national registry, and present proof to the animal control authority;

         (h)   Provide the animal with a fluorescent yellow collar visible at 50 feet in normal daylight; and

         (i)   Comply with all applicable regulations, requirements, and restrictions on dangerous dogs or dangerous animals; or

      (2)   The person shall deliver the animal to the animal control authority and the animal control authority shall provide for the impoundment of the animal in humane and secure conditions.

   (B)   Once in compliance with division (A), the owner of a dangerous dog or dangerous animal shall maintain compliance with division (A) at all times thereafter.

(Ord. 0620-1, passed 6-15-2020)

§ 90.49 FAILURE TO COMPLY.

   (A)   Any person may make a sworn application to the municipal court of the city that the owner of a dangerous dog or dangerous animal has failed to comply with § 90.48 or that a dangerous dog or dangerous animal has attacked a person or another animal. Upon the filing of a sworn application under this section, the municipal court of the city shall schedule a hearing on the application in accordance with § 90.50.

   (B)   A sworn application under this section must include:

      (1)   Name, address, and telephone number of complainant and other witnesses;

      (2)   Date, time, and location of the incident forming the basis of the report;

      (3)   Description of the animal(s) involved in the incident;

      (4)   Name, address, and telephone number of the animal owner, if known;

      (5)   A statement of facts upon which the application is based;

      (6)   A statement addressing whether the animal has exhibited dangerous propensities in past conduct, if known;

      (7)   Any other relevant facts or circumstances; and

      (8)   A Texas state notary stamp and signature.

   (C)   Upon the filing of a sworn application under this section, the municipal court of the city shall order the animal control authority to seize the dangerous dog or dangerous animal and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dangerous dog or dangerous animal or order its seizure and shall provide for the impoundment of the dangerous dog or dangerous animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dangerous dog or dangerous animal. The governing body of the city may prescribe the amount of the fees. The dangerous dog or dangerous animal shall remain impounded pending an order of disposition from the municipal court of the city.

   (D)   If, after a hearing on an application filed under this section, the municipal court of the city finds that the owner of the dangerous dog or dangerous animal has failed to comply with § 90.48 or that the dangerous dog or dangerous animal has attacked a person or another animal, the municipal court of the city shall order the animal control authority to humanely destroy the dangerous dog or dangerous animal, that the dangerous dog or dangerous animal be permanently removed from the city, or that the dangerous dog or dangerous animal be returned to the owner upon proof of compliance with all of the requirements of § 90.48. No dangerous dog or dangerous animal shall be ordered returned to its owner more than one time. The court may also order the owner of the dangerous dog or dangerous animal to pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and destruction of the dangerous dog or dangerous animal due to the sworn complaint filed under this section.

   (E)   If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous dog or dangerous animal has not failed to comply with § 90.48 and that the dangerous dog or dangerous animal has not attacked a person or another animal, the municipal court shall order that the animal control authority immediately release the dangerous dog or dangerous animal to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the dangerous dog or dangerous animal due to the sworn complaint filed under this section.

   (F)   A dangerous dog or dangerous animal ordered to be humanely destroyed or permanently removed from the city shall remain impounded until the dangerous dog or dangerous animal is humanely destroyed or until the owner reclaims the dangerous dog or dangerous animal under § 90.54(A).

   (G)   Notwithstanding any other law or local regulation, a dangerous dog or dangerous animal shall not be destroyed during the pendency of an appeal under § 90.51.

   (H)   If the owner of a dangerous dog or dangerous animal seized due to a sworn application filed under this section cannot be located within 15 days after the seizure and impoundment of the dangerous dog or dangerous animal, the dangerous dog or dangerous animal shall be considered abandoned and the city shall be deemed the owner of the dangerous dog or dangerous animal. The court shall order the humane destruction of a dangerous dog or dangerous animal abandoned under this section upon application of the animal control authority, without a hearing.

(Ord. 0620-1, passed 6-15-2020)

§ 90.50 HEARING.

   (A)   The municipal court of the city, on receiving notice of appeal under § 90.46(B) or a sworn application under § 90.49(A), shall set a time for a hearing to determine whether the animal is a dangerous dog or dangerous animal or whether the owner of the animal has complied with § 90.48 or the dangerous dog or dangerous animal has attacked a person or another animal. A hearing under this section must be held not later than the tenth day after the date on which the animal 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 animal or the person from whom the animal was seized or who delivered the animal;

      (2)   The person who made the report or filed the application; and

      (3)   The animal control authority.

   (C)   Any interested party, including the city attorney, is entitled to present evidence at the hearing.

   (D)   At a hearing under this section, the court shall determine the estimated costs to house and care for the impounded animal during any appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.

   (E)   An owner or the person who made the report or filed the application may appeal the decision of the municipal court of the city at a hearing under this section in the manner described by § 90.51.

   (F)   An animal that is the subject of a proceeding under this section shall remain impounded throughout the pendency of any appeal of a determination or order under this section.

(Ord. 0620-1, passed 6-15-2020)

§ 90.51 APPEAL.

   (A)   A party to an appeal under § 90.46(B) or a hearing on an application filed under § 90.49(A) may appeal the decision to a county court or county court at law in the county in which the municipal court is located and is entitled to a jury trial on request.

   (B)   As a condition of perfecting an appeal, not later than the tenth calendar day after the date the decision is issued by the municipal court, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the municipal court from which the appeal is taken.

   (C)   Notwithstanding Tex. Gov’t Code § 30.00014, or any other law, a person filing an appeal from a municipal court under division (A) is not required to file a motion for a new trial to perfect an appeal.

   (D)   Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section.

   (E)   A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law.

(Ord. 0620-1, passed 6-15-2020)

§ 90.52 NOTICES.

   All required notices under this subchapter shall be personally delivered or deposited with the United States Postal Service, sent certified mail, return receipt requested. When the city mails a notice in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

(Ord. 0620-1, passed 6-15-2020)

§ 90.53 REGISTRATION.

   (A)   The animal control authority shall annually register a dangerous dog or dangerous animal if the owner:

      (1)   Presents proof satisfactory to the animal control authority showing compliance with all the requirements contained in § 90.48(A)(1);

      (2)   Presents proof of current rabies vaccination of the dangerous dog or dangerous animal, if required by this chapter; and

      (3)   Pays the annual registration fee of $ 100.

   (B)   The animal control authority shall provide to the owner registering a dangerous dog or dangerous animal a registration tag. The owner of the dangerous dog or dangerous animal shall attach the current registration tag to the yellow fluorescent collar that is worn by the dangerous dog or dangerous animal. The current registration tag shall be displayed on the dangerous dog or dangerous animal in this manner at all times. The registration of a dangerous dog or dangerous animal shall be valid for one year from the date of issuance.

   (C)   If an owner of a dangerous dog or dangerous animal sells or moves the dangerous dog or dangerous animal to a new address, whether in the city or not, the owner, not later than the tenth day after the date of the sale or move, shall notify the animal control authority of the new address.

   (D)   If the owner of a dangerous dog or dangerous animal sells or gives a dangerous dog or dangerous animal to another person, the owner shall notify the other person at the time of the sale or gift that the animal has been determined to be a dangerous dog or dangerous animal.

   (E)   A person who buys or receives a dangerous dog or dangerous animal and continues to keep the animal in the city must register the animal within ten days after receiving the animal. The new owner shall be issued a registration tag upon compliance with the requirements of division (A).

   (F)   An owner of a dangerous dog or dangerous animal shall notify the animal control authority of any attack the dangerous dog or dangerous animal makes on a person or another animal within five days of the attack.

   (G)   An animal, which has been deemed dangerous in another jurisdiction, shall not be maintained, kept, or harbored in the city.

   (H)   In the event a dangerous dog or dangerous animal dies, the owner of the animal shall provide proof to the animal control authority or present written verification by a licensed veterinarian sufficient to verify the identity of the deceased animal as a dangerous dog or dangerous animal.

(Ord. 0620-1, passed 6-15-2020)