§ 8-8. Dangerous animals

(a) As a public safety requirement. It shall be unlawful for any person to keep or harbor any dangerous animal within the corporate limits of the city without complying with V.T.C.A., Health and Safety Code § 822.042, as amended, whether the animal be a dog or of another species. In addition, the owner must comply with each of the following local requirements, at the owner's expense, before the animal is released from the county humane society's animal shelter:

(1) Obtain liability insurance coverage or showing financial responsibility in an amount of at least $250,000.00 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the police department. The policy must require the company to give advance notice to the city of cancellation or non-renewal of the policy;

(2) Register with the city by providing:

a. The name and address of the owner;

b. The breed, age, sex, color and any other identifying marks of the animal;

c. The location where the animal is to be kept, if it is not at the address of the owner; and

d. Two color photographs that clearly identify the dangerous animal;

(3) Have the animal sterilized;

(4) Construct a cage, pen, or enclosure for the dangerous animal that has secure sides; a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two feet. The pen or enclosure must be completely encircled by a fence constructed in such a manner as to prevent a person or child from being able to reach the animal's pen or enclosure;

(5) Not allow the animal to go outside of its cage, pen, or enclosure unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen, or enclosure on a chain, rope, or other type of leash unless a person is in physical control of the chain, rope, or other type of leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen, or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;

(6) Post signs giving notice of a dangerous animal on the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two inches high, stating "dangerous animal on premises." Such signs shall also display a symbol, that is understandable by small children, that warns of the presence of a dangerous animal;

(7) Attach a fluorescent orange tag provided by the police department to the animal's collar that is worn at all times so that the animal can be easily identified;

(8) Implant a microchip into the animal which is compatible with a scanning equipment used by the animal control authority and register it for life with the city's police department and a recognized national animal registry;

(9) Pay the appropriate dangerous animal permit fee annually, not later than five business days prior to the annual expiration renewal date;

(10) Pay the impoundment and daily care fees accrued during the investigation and any appeal of the dangerous animal determination process; and

(11) Present proof of current vaccination or pay the fee for vaccination.

In the event the owner or keeper fails or refuses to timely comply with these requirements in accordance with state law, then the animal control officers shall humanely destroy the dangerous animal.

(b) Complaint. When a person reports a dangerous animal to the animal control authorities, the authorities shall investigate the report and notify the owner of the report. The animal control authority shall obtain a sworn written statement from at least one witness, describing at a minimum:

(1) The animal;

(2) The facts of the complaint;

(3) Identity of any other known witness; and

(4) Other information necessary or helpful to the investigation.

(c) Investigation. The animal control authorities shall conclude the investigation no longer than ten days after receipt of the report or sworn statement, which ever occurs later. Upon completion of investigation the animal control authorities shall either:

(1) Close the case if it is determined that the report or complaint is unsubstantiated; or

(2) Declare the animal to be a dangerous animal.

(d) Seizure pending disposition. Upon sworn application of the animal control authorities or a peace officer stating probable cause that the animal is dangerous and there is some reason to believe that the animal may endanger other persons before the investigation and any hearings or appeals can be completed, then a municipal court judge may issue a warrant authorizing the animal control authorities or peace officer to:

(1) Retain the animal if it has been captured at large; or

(2) Enter the building, dwelling, other structure or enclosure to seize the animal and detain same, until disposition of the investigation and any hearing and appeal.

(e) Notice. The police chief or his designee shall promptly notify the owner or keeper of the animal of his determination on the dangerousness of the animal, by a written notice mailed to or posted on the front door of the last known address of the owner or keeper or other means reasonably calculated to give actual notice of the determination to the owner.

(f) Appeal.

(1) The owner may appeal the dangerous animal determination by filing a written notice of appeal to municipal court within 15 days after the determination, for a trial de novo. The consequences of the determination shall be suspended pending the municipal court judge's final decision, but the animal control authority shall retain the custody and care of the animal until all appeals are exhausted. An owner may appeal a decision of the municipal court to the county court at law, in accordance with V.T.C.A., Government Code ch. 30, as amended. Following a final judicial determination that the animal is dangerous, each day the owner fails to comply with subsection (a) of this section shall constitute a separate violation of this chapter.

(2) The municipal court judge may compel the attendance of complainant, any known witnesses, the animal owner against whom the complaint was filed, and the police chief or his representative who investigated. The city shall be represented by the city attorney or assistant in all appeals of a dangerous animal determination.

(Code 1969, § 4-5; Ord. No. 223, § 2, 6-13-1906; Ord. No. 1320, § 2, 7-28-1998; Ord. No. 1472, § 8, 1-23-2007)