(A) The Animal Control Authority shall be notified of a dangerous dog investigation when initiated by animal control officers. Once the investigation is complete, the case and all evidence will be forwarded to the Animal Control Authority for review. Upon review of the facts of the investigation, a complaint may be forwarded to the appropriate court so that a hearing may be held in order to make a determination if the dog is dangerous.
(B) Once a complaint is filed with the court, a notice of complaint filed shall be given to the owner of the animal which is the subject of the complaint. The owner shall also be given a notice of hearing, which shall be set not later than the tenth day after which the dog is seized or delivered.
(C) Upon receipt of the complaint of a dangerous dog, the Animal Control Authority or, an animal control officer with a city police officer shall immediately seize and impound the dangerous dog with a seizure order issued by the Municipal Judge or Magistrate if the owner does not deliver the animal by the fifth day after receiving notice a complaint was filed with the court.
(D) A hearing will be held by the appropriate court and a judgment will be made as to whether or not the dog will be deemed dangerous.
(E) The Municipal Court Judge may also require the attendance of the complainant, any known witnesses, the animal owner against whom the complaint was filed, and the Animal Control Authority or his or her representative.
(F) Once the owner is notified that a dog owned by the owner has been deemed dangerous, the dog owner must notify the Animal Control Authority, either verbally or in writing, of his or her intent to appeal the dangerous dog declaration within 72 hours. The owner must then appeal the determination not later than the tenth calendar day from the date of the municipal courts decision. If notified of the intention to appeal within 72 hours of the dangerous dog declaration, the Animal Control Authority shall suspend further action involving the dog until an appeals court has rendered a final decision. The owner of the dangerous dog shall pay to the city all fees and expenses associated with keeping the dog impounded during the investigation and during any of the appeals process. Upon initial finding that a dog is deemed dangerous, or subsequent to any appeals process and finding, each day following the finding will constitute a violation of this section if the owner fails to comply with state law requirements for dangerous dogs.
(Ord. 2002-1, passed 2-19-02; Am. Ord. 2008-3, passed 2-5-08; Am. Ord. 2017-1, passed 1-17-17; Am. Ord. 2017-21, passed 12-19-17; Am. Ord. 2024-5, passed 2-20-24)
Statutory reference:
Dangerous dogs, see Tex. Health and Safety Code, §§ 822.041 et seq.