As a public safety requirement, it shall be unlawful for any person to keep or harbor any dangerous dog within the corporate limits of the city without complying with Tex. Health & Safety Code §§ 822.041 – 822.047.
(A) A
DANGEROUS DOG
is a dog which:
(1) Makes an unprovoked attack on a person that causes bodily injury which would cause a reasonable person to seek medical treatment whether or not that care was actually sought and occurs in a place other than a secure enclosure in which the dog was being kept which was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than a secure enclosure in which the dog was being kept which was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or
(3) Is accustomed to run, worry or kill goats, sheep or water fowl or other animals considered to be property; or
(4) Makes an unprovoked attack on another dog causing injury which would cause a reasonable person to seek veterinary care whether or not that care was actually sought.
(B) Investigation. When a person reports a dangerous dog to the Animal Control Officer or the Police Department, the authority shall investigate the complaint and notify the owner of the report. Any complaint filed concerning a dangerous dog shall contain a sworn, written statement to the city’s Animal Control Officer with the following information:
(1) Complainant’s and witness names, address and telephone numbers;
(2) Dates, times and locations of incidents involving the dog;
(3) Dog’s description;
(4) Dog owner’s name, address and telephone number, if available;
(5) A statement regarding the facts of the complaint;
(6) A statement of the dog’s exhibited dangerous propensities in past conduct, if known; and
(7) Other facts and circumstances concerning the incident.
(C) Declaration. Based on the findings of an investigation regarding a suspected dangerous dog, the investigating officer shall make a determination to:
(1) Declare the animal dangerous and notify the owner of that fact; or
(2) Request a hearing before the court and notify the owner of such hearings;
(3) Close the case, citing insufficient evidence to conclusively deem the animal dangerous at this time; however, closing the case shall not prevent the case from being reopened in the future.
(D) Notification. After a sworn complaint has been filed and an investigation has been completed, if the Animal Control Officer determines that the dog which is the subject of the investigation is a dangerous dog, the Animal Control Officer will notify the animal’s owner by certified mail, return receipt requested, that a determination has been made that the dog is a dangerous dog. In lieu of notice by certified mail, the Animal Control Officer may elect to have the notice personally served by a police officer of the city. The following information shall be included in the notice:
(1) The owner has the right to appeal the decision of the Animal Control Officer to the municipal court and that such appeal must be filed, in writing, not later than the fifteenth day after the date the owner is notified.
(2) The owner may appeal that decision of the municipal court in the same manner as appeal for other civil cases. The intent to file a second appeal must be made, in writing, to the court within 24 hours of the conclusion of the first appeal.
(E) Appeals. The owner may appeal the determination of the Animal Control Officer to the Municipal Court within 15 days of the determination for a hearing de novo. If the Municipal Court Clerk receives a written appeal notice within 15 days of the determination notice, the Animal Control Officer’s determination that the dog should be considered a dangerous dog shall be suspended pending the Municipal Court judge’s final decision. The Animal Control Officer or a representative shall furnish the Municipal Court judge with all reports, memoranda and other tangible evidence received by the Animal Control Authority, as well as a summary of the evidence and the Animal Control Officer’s findings. The Municipal Court judge’s decision will be made by a de novo hearing with the appeal of such judgment being in the same manner as in other civil cases. Each day following will constitute a violation of the chapter if the owner fails to comply with state law requirements for dangerous dogs. 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 Officer or his representative.
(F) Necessary impoundment.
(1) Warrant to seize. If the Animal Control Officer determines that any dog which cannot be sufficiently contained by the owner during the process of appeal, the Animal Control Officer may seek a warrant to seize the animal from the Municipal Court.
(2) Hearing. An owner whose animal has been seized by Animal Control shall be entitled to a hearing, to be held not later than the tenth day after the date on which the animal was seized. This hearing shall be held in the court issuing the warrant and shall be for the purpose of appealing the dangerous dog declaration.
(G) Redemption.
(1) A dog which has been seized by animal control and declared dangerous and that declaration has been upheld by the courts shall be returned to the owner if the owner has met all criteria, paid all fees and has established a secure enclosure in which to house the dog which complies with regulations set forth by the chapter.
(2) If the determination that the animal is dangerous has been reversed through appeal by a court of competent jurisdiction, the dog shall be returned to its owner. In this case, no fees will be charged to the owner.
(3) Should the owner file a second appeal, the dog shall remain impounded until the conclusion of that appearance. The intent to file must be made in writing within 24 hours of the conclusion of the first appeal hearing.
(4) No dog shall be returned to the owner once an order has been received by the courts to destroy the animal.
(H) Requirements for owners.
(1) For purposes of this section, a person learns that he or she is the owner of a dangerous dog when:
(a) The owner knows of an attack described in divisions (A)(1) through (A)(4) of this section; or
(b) The owner receives notice that a justice court or municipal court has found that the dog is a dangerous dog under Tex. Health & Safety Code, § 822.0423; or
(c) The owner is informed by an Animal Control Officer that the dog is a dangerous dog.
(2) Not later than the thirtieth day after a person learns that the person is the owner of a dangerous dog, the person shall:
(a) Register the dangerous dog with the animal control authority for the area in which the dog is kept; and
(b) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept.
(3) No person shall knowingly sell, offer for sale, breed, attempt to buy or train a dangerous dog within the city.
(4) The pen, cage or enclosure for a dangerous dog must have secure sides a minimum of eight feet in height, a secure top attached to the sides and a secure bottom or floor which is either attached to the sides or the sides of the structure must be embedded in the ground no less than two feet.
(5) The dangerous dog shall be controlled at all times on a leash in the immediate control of a responsible person when not within a secure enclosure.
(6) No person shall remove a dog that has been declared dangerous to another jurisdiction without the prior knowledge and approval of the animal control authority for the area in which the dog was declared dangerous.
(I) Registration.
(1) The animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner presents proof of liability insurance or financial responsibility, as required; proof of current rabies vaccination of the dangerous dog; two color photographs of the dangerous dog; two color photographs of the secure enclosure in which the dangerous dog will be kept; and pays an annual registration fee.
(2) If an owner of a registered dangerous dog moves to a new address, the owner, not later than the fourteenth day after the date of the move, shall notify the animal control authority for the area in which the new address is located.
(3) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
(J) Subsequent attacks.
(1) A person commits an offense if the person is the owner of a declared dangerous dog and the dog makes an unprovoked attack on another person or animal outside the dog’s secure enclosure and causes bodily injury to the other person or animal.
(2) An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor.
(3) If a person is found guilty of an offense under this section, the court may order the declared dangerous dog destroyed by the animal control authority.
(4) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this division shall be retained by the county or municipality.
(K) Violations.
(1) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with the insurance or financial responsibility requirements of this section.
(2) An offense under this section is subject to a fine of up to $2,000 if it is shown at the trial of the offense that the defendant has previously been convicted under this section.
(Ord. 914, passed 10-14-04) Penalty, see § 10.99
Statutory reference:
Dangerous dogs, see Tex. Health & Safety Code, § 822.041 et seq.