§ 91.045. BITES AND DANGEROUS ANIMALS.

(A)

Any animal within the city that bites or otherwise attacks a person who is not at the time trespassing upon the property of the owner or person having control of such animal or who is not provoking or teasing such animal shall be deemed dangerous. The city may order following the procedures listed below that such animal be kept muzzled, kept within a sufficient enclosure or that such animal be permanently removed from the corporate limits of the city or that such animal be delivered to an Animal Control Officer or the City Animal Shelter to be humanely euthanized. The following information shall be gathered:

(1)

Name, address and telephone number of complainant and any other witnesses to the incident;

(2)

Date, time and location of the incident;

(3)

Description of the animal;

(4)

Name, address and telephone number of the owner;

(5)

A statement that the animal attacked, bit and or killed a person or another animal;

(6)

A statement that the animal has exhibited vicious propensities in past conduct, if known; and

(7)

Other facts or circumstances of the incident.

(B)

After a sworn complaint is filed with the local health authority it shall be investigated and if there is sufficient evidence there will be a request to the Municipal Judge to set a time and place for a hearing. Notice shall be given of the hearing to the animal's owner by personal service or certified mail, return receipt requested at least 10 days prior to the hearing date.

(C)

The Municipal Judge shall hold such hearing and shall determine at the hearing if the animal specified in the complaint should be ordered to be kept muzzled, kept within a sufficient enclosure, removed from the city limits or destroyed for the protection of the public health, safety and welfare of the community. The Municipal Judge shall receive testimony at the hearing concerning the incident under investigation. To order the removal or destruction of the animal or the muzzling or keeping of an animal in a sufficient enclosure for the public health safety and welfare the Municipal Judge may find:

(1)

The animal attacked or bit a human being or attacked or killed another animal;

(2)

The animal is the same animal that committed the acts in division (C)(1);

(3)

Destruction or removal of the animal is necessary to preserve the public health, safety, and welfare of the community;

(4)

The animal attacked or bit a human being or another animal or the animal has a known propensity to attack, bite or injure human beings or domesticated animals because of temperament conditioning or training or it is demonstrated by the local health authority that the animal has a dangerous disposition likely to be harmful to humans or other animals;

(5)

The animal is the same animal that committed the act in division (C)(4); and

(6)

Muzzling or keeping of the animal in a sufficient enclosure or removal or destruction of the animal is necessary to preserve the public health, safety, and welfare of the community.

(D)

If the Municipal Judge orders muzzling, keeping within a sufficient enclosure, destruction, or removal of the animal and the owner is not present at the hearing he or she shall notify the owner of the decision by personal service or certified mail return receipt requested. If the Judge does not order destruction of or removal of the animal, the Animal Shelter Supervisor or designee shall, if the animal was impounded and, if any required rabies observation quarantine period has been completed, return the animal to the owner upon payment of any fees due with the understanding that any muzzling or keeping within a sufficient enclosure order must be followed as long as the animal remains within the city.

(E)

The owner of an animal may appeal a destruction or removal order to a court of competent jurisdiction not later than the 10th calendar day after the date of the decision of the Municipal Court. If the Municipal Court receives written notice of intent to appeal not later than the 10th calendar day after the date of the decision, then the Municipal Judge shall suspend the destruction or removal order pending final determination of the appeal. If the filing of a petition in a court of competent jurisdiction not later than the 10th calendar day after the date of the decision ordering destruction or removal perfects appeal, the Municipal Judge shall suspend the destruction or removal order pending the outcome of the appeal upon receipt of notice of the appeal. In the event of an appeal, if (1) the animal was impounded, (2) any required rabies observation quarantine has been completed, (3) all fees due to the City have been paid, and (4) the owner of the animal agrees in writing to keep the animal muzzled or within an enclosure preventing the animal to leave the property of the owner, then the owner will be given a period of 48 hours within which to pick up the animal. If the owner of the animal fails to pick up the animal within 48 hours, then the owner of the animal will remain liable for all costs to house and care for the impounded animal and may be required by the Municipal Court or another court to post a bond to cover those estimated costs.

(F)

In the event that any animal is discovered in violation of any removal or destruction order described in division (D) above, the animal shall be immediately seized and humanely euthanized. If any animal is discovered in violation of any muzzling or keeping within a sufficient enclosure, the animal shall be seized and the person controlling such animal shall be prosecuted under the provisions of division (G) below.

(G)

It shall be unlawful for any person to harbor or keep on his or her premises or in or about premises under his or her control any vicious animal except as directed by this chapter. Conviction of harboring a vicious animal in violation of this chapter shall result in a fine.

(H)

No part of this chapter shall preclude at any time the filing of complaint in the court of competent jurisdiction under the provisions of the State of Texas Dangerous Dog Act, Tex. Health and Safety Code, Chapter 822 as amended from time to time.

(Ord. 2013-731, passed 2-14-13)

( Ord. No. O-2015-771 , § 1, 8-27-2015)