§ 6-81. State law—Seizure of a dog causing death of or serious bodily injury to a person.

(a)

Seizure, impoundment, and euthanasia of a dog that has caused death or serious bodily injury to a person is governed by V.T.C.A., Health and Safety Code, subchapter A, § 822.002 et seq., as amended.

(b)

The city adopts V.T.C.A., Health and Safety Code § 822.0422, Reporting of Incident in Certain Counties and Municipalities, as it may be amended from time to time.

(1)

A person may report an incident described by [as]:

a.

A dog which makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

b.

A dog which commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that 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, to a municipal court, a justice court, or a county court. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.

c.

If the owner fails to deliver the dog as required by subsection b., the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.

d.

The court shall determine, after notice and hearing as provided in V.T.C.A., Health and Safety Code, § 822.0423, whether the dog is a dangerous dog.

e.

The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under [V.T.C.A., Health and Safety Code] § 822.042 and the dog is returned to the owner or destroyed.

f.

The owner shall pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dog.

(Ord. No. 2010-O-029, § 1, 3-15-10)