03/04/2023
Ordinance 3.01.010.- Vicious or dangerous animals; dangerous dogs.
(a) It shall be unlawful for any person to keep within the corporate limits of the city any dog which has vicious propensities, or which has evidenced a disposition to attack human beings or domestic animals (unless ads provided in subsections (c) through (j) of this section).
(b) Provided herein, the provisions of this section shall not apply to the keeping of a police dog which is under the supervision and control of a police officer pursuant to authorization by the chief of police.
(c) The owner of the vicious animal will be allowed 15 days from the date of citation in which to provide a secure enclosure for the animal. The enclosure must be approved by the city enforcement agent and/or the chief of police for the city. The owner must provide liability insurance and proof thereof in the amount of $100,000.00 on the animal. The insurance must be maintained for the life of the animal. All vaccinations required by law must be kept current, providing proof thereof.
(d) The owner of the vicious animal must register the animal as a dangerous animal with the department of animal services for the life of the animal. In the event that the animal is moved to a different location, the owner has five business days in which to notify the department of animal services.
(e)
(1) If the person reports and incident charging that the animal is a dangerous dog as defined in section 3.01.001, the city enforcement agent or the chief of police may investigate the incident. If, after receiving the sworn statements of any witnesses, the city enforcement agent or the chief of police determines the dog is a dangerous dog, it shall notify the owner of that fact. At the discretion of the city enforcement agent or the chief of police, the animal may be impounded immediately.
(2) The owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the city enforcement agent or the chief of police to a justice, county, or municipal court of competent jurisdiction. An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county, or municipal court.
(f) The owner of said vicious animal must advice anyone who purchases the animal or who is given the animal that the animal is dangerous and that the new owner must follow the rules which are included in this notice.
(g) In the event the vicious animal escapes from the enclosure and/or bites and/or attacks any person or animal, it is te responsibility of the owner of the animal to immediately notify the animal control department of the city.
(h) Failure to follow any of the rules contained in this section will result in the forfeiture of the animal to the city's animal service department at which time the animal will be destroyed. The owner is subject to a minimum fine in accordance with the general penalty provided in section 1.01.009 of this code and state law.
(i) The owner of said vicious animal shall allow the inspection, upon demand, of the animal, the enclosure and all records pertaining to the animal by a city enforcement agent.
(j) The owner of the vicious animal will register the animal annually with the city's animal services department. The annual registration fee is set forth in the fee schedule in appendix A of this code. A tag identifying the animal as a dangerous animal will be issued.
(k) Dangerous dogs, as defined in V.T.C.A., Health and Safety Code, section 822.041, shall be regulated in accordance with the provisions of V.T.C.A., Health and Safety Code, chapter 822, subchapter D, section 822.041.
to be continued ...
