§ 14-5. Dangerous animals

(a) The provisions of V.T.C.A., Health and Safety Code §§ 822.001 through 822.005 (subch. A), V.T.C.A., Health and Safety Code § 822.011 (subch. B), and V.T.C.A., Health and Safety Code §§ 822.041 through 822.047 (subch. D) are hereby adopted and incorporated in this Code as though the same were fully set out herein. Any future modifications of such laws of the state shall automatically be incorporated herein. References herein to any of said sections will mean the relevant sections of the Health and Safety Code of the state.

(b) Whenever in the above incorporated sections reference is made to the animal control authority, it shall refer to the animal control authority of the city or any enforcement officer as defined in section 14-1

(c) The definition of dangerous dog contained in V.T.C.A., Health and Safety Code § 822.041 is hereby modified to include attacks on or injuries to other animals as well as persons, and such definition and the provisions of such sections shall include and be applicable to all animals in addition to dogs, but shall not be construed to permit animals to be kept where otherwise prohibited.

(d) The time period for compliance with the requirements of V.T.C.A., Health and Safety Code § 822.042 is hereby amended to 72 hours, provided that the animal shall be immediately restrained as required in said section. An owner of a dangerous dog may, as an alternative to the provisions of V.T.C.A., Health and Safety Code § 822.042, remove the dangerous animal from the city limits or surrender the animal for humane destruction or have the same performed within 24 hours after learning that the animal is dangerous or upon quarantine clearance, whichever is later.

(e) The liability insurance required under V.T.C.A., Health and Safety Code § 822.042 is to be in an amount of at least $500,000.00, and shall be for bodily injury or property damage.

(f) Any animal that has been determined to be dangerous, and is not destroyed, shall have inserted into the animal a microchip by a licensed veterinarian within 240 hours from the date the animal is registered with the animal control authority as a dangerous animal, at such owner's expense. The chip shall contain an alphanumeric combination code which code shall be provided to the animal control authority.

(g) Within 240 hours from the determination that an animal is dangerous, the owner of the animal must furnish proof of microchipping to the animal control authority on a form furnished by the city and make the animal available, at the city's animal control facility, for scanning so the animal control authority can verify the code. Failure to microchip, show proof of microchipping, or make the animal available for scanning shall constitute separate offenses.

(h) All owners of dangerous animals shall provide to the city two color photographs of the animal in two different poses showing the color and approximate size of the animal.

(i) The owner of a dangerous animal is required to have the animal wear, at all times, the dangerous animal registration tag provided by the animal control authority.

(j) No dangerous animal may be kept on a porch, patio, or in any part of a house or structure, even if restrained, that would allow the animal to exit such building of its own volition. In addition, no dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(k) No person shall permit a dangerous animal to go outside its secure enclosure unless such animal is securely leashed with an 18-inch traffic lead. No person shall permit a dangerous animal to be kept on a chain, rope, or other type of leash outside its secure enclosure unless a person is in immediate physical control of the leash. Such animal shall not be leashed to inanimate objects such as trees, posts, or buildings.

(l) All owners of dangerous animals within the city shall display in a prominent place on their premises a sign easily readable by the public using the words:

"Beware
Dangerous Animal"

The sign is to be no smaller than 12 inches by 12 inches and shall not exceed 18 inches by 24 inches in size. In addition, a similar sign shall be posted on the kennel or pen of such animal.

(m) All owners of registered dangerous animals shall, within ten calendar days of the occurrence report the following in writing to the animal control authority:

(1) Removal from the city, or death of said animal;

(2) Written proof of new address if animal is sold and/or moves within the city.

(n) The new owner of a dangerous animal shall pay a registration fee established by city council, and the animal control authority shall issue a new dangerous animal registration tag.

(o) An owner of a dangerous animal shall notify the animal control authority of any attack the animal makes on any person or any animal.

(p) A dangerous animal may be destroyed during an attempt to seize or impound the animal, if impoundment cannot be made with safety, wherever the impoundment is attempted without liability to an owner of a dangerous dog.

(q) Complaint procedure.

(1) Should any person, other than an enforcement officer desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with the enforcement officer or police department of city containing:

a. Name, address and telephone number of complainant and other witnesses;

b. Date, time, and location of any incident involving the animal;

c. Description of the animal;

d. Name, address, and telephone number of the animal's owner, if known;

e. A statement describing the facts of death or serious bodily or animal injury upon which such complaint is based; and

f. A statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.

(2) After a sworn complaint is filed, it shall be referred to the enforcement officer and/or municipal court for processing and hearing in accordance with the provisions of the above referenced sections of the Health and Safety Code of the State of Texas.

(Ord. No. 1058, § 11, 11-20-2006; Ord. No. 1065, § 11, 3-5-2007)

refstatelaw

Dogs that are a danger to persons, V.T.C.A., Health and Safety Code § 822.001 et seq.; dogs that are a danger to animals, V.T.C.A., Health and Safety Code § 822.011.