(A) A DANGEROUS ANIMAL shall be defined as an animal which:
(1) Has inflicted injury on a human being without provocation on public or private property; or
(2) Has killed or severely injured a domestic animal without provocation while off the owner’s property; or
(3) Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and/or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting; or
(4) Is a warm-blooded mammal which is known to carry or be susceptible to the rabies virus and which can not be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health; or
(5) Is a hybrid animal or any pet wildlife which has attacked a human or which is apprehended or observed unrestrained; or
(6) Is a venomous or carnivorous fish or reptile or any fish or reptile that grows over six feet in length.
(B) If an animal acts as stated in division (A) of this section, the animal control authority or its designee shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control authority or its designee may issue a notice requiring that the animal be taken to a designated location for impoundment. The form of such notice shall be provided for by policy. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal.
(C) Notice shall be given to the owner that the animal control authority or its designee has determined that the animal is a dangerous animal. This notice shall also set out the remedial requirements that the owner must comply with. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. The owner shall have five working days from receipt of the notice to file a letter with the Chief of Police stating that he or she shall comply with the remedial requirements as stated in the notice or that he or she disagrees with the determination that the animal is dangerous or the remedial requirements and that he or she requests a hearing before the Chief of Police or designee. The owner may file a written appeal to this order clearly stating the reasons for the appeal, to the Mayor within ten days of service. The Mayor shall conduct a hearing to determine the issues stated in the written appeal. At the hearing the formal rules of evidence do not apply. The Mayor shall make his or her decision on the basis of preponderance of the evidence presented. The decision of the Mayor shall be rendered within 30 days from receipt of the appeal and the decision of the Mayor shall be final. Nothing herein precludes the city from seeking other remedies if owners fail to comply with the remedial requirements stated or the decision(s) rendered in the appeal process.
(D) If the owner of a dangerous animal cannot be determined after reasonable efforts to do so and after holding the animal for 72 hours, the animal may be disposed of in a humane manner. If the owner of a dangerous animal which has been impounded cannot be located for the delivery service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after all reasonable effort has been made to locate such owner.
(E) If the animal’s behavior creates a more dangerous situation even though the owner is complying with the remedial requirements, the Chief of Police or designee may again review the situation and prescribe additional or different remedial requirements.
(Ord. 2008-012, passed 11-18-2008; Ord. 2009-005, passed 2-17-2009; Ord. 2010-004, passed 4-21-2010; Ord. 2012-005, passed 6-19-2012)