§ 6-83. Requirements for ownership of a dangerous dog; noncompliance hearing.

(a)

In addition to complying with the requirements of V.T.C.A., Health and Safety Code Chapter 822, Subchapter D, as amended, a person shall, not later than the thirtieth day after learning that he is the owner of a dangerous dog:

(1)

Have an unsterilized dangerous dog spayed or neutered;

(2)

Register the dangerous dog with animal care services department director and pay to the director of the animal care services department a dangerous dog registration fee;

(3)

Restrain the dangerous dog at all times in a secure enclosure;

(4)

Restrain the dangerous dog at all times when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal and restrained by a leash in the immediate control of a person; or

(5)

Obtain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the director;

(6)

The owner shall insure that any liability insurance policy required hereunder shall provide at least thirty (30) days' notice of cancellation of the policy to the city health department;

(7)

Place and maintain on the dangerous dog a collar or harness with a current dangerous dog registration tag securely attached to it;

(8)

Have the dangerous dog injected with a microchip implant and registered with a national registry for dogs; and

(9)

Post a sign at each entrance to the enclosure in which the dangerous dog is confined stating "BEWARE DANGEROUS DOG" and insure that a sign shall be visible and capable of being read from the public street or highway.

(10)

The owner must attend a class on responsible pet ownership conducted by the department.

(11)

The owner of a dangerous dog shall renew registration of the dangerous dog with the director annually and pay an annual dangerous dog registration fee.

(12)

The owner of a dangerous dog who does not comply with this subsection shall deliver the dog to the director not later than the thirtieth day after learning that the animal is dangerous.

(13)

A dog determined to be a dangerous dog under this article or under state law shall not be offered for adoption or sale.

(b)

The owner of a dangerous dog that has been ordered removed from the city shall relocate the dog to a place outside of the city within the time designated in the order. Within five (5) days after the expiration of the time ordered for the dog's removal, the owner shall provide the director with proof of the removal and relocation, or other disposition, of the dog. Such proof must include the owner's written sworn affidavit stating:

(1)

That the dog is no longer located in the city; and

(2)

The name, street address, and telephone number of the person outside of the city in possession of the dog or the details of any other disposition of the dog.

(c)

Upon receipt of a sworn, written complaint by any person that the owner of a previously determined dangerous dog has failed to comply with subsection (a) or has failed to remove the dog from the city as required by order of the director or the municipal court, the municipal court shall conduct a hearing to determine whether the owner is in compliance with subsection (a) or with an order of removal, whichever applies. The hearing must be conducted within thirty (30) days after receipt of the complaint, but, if the dog is already impounded, not later than ten (10) days after the date on which the dog was seized or delivered. The municipal court shall provide, either in person or by mail, written notice of the date, time, and location of the hearing to the dog owner and to the complainant. Any interested person may present evidence at the hearing.

(d)

At the conclusion of the hearing, the municipal court shall:

(1)

Find that the owner of a dangerous dog is in compliance with subsection (a) or with an order of removal, whichever applies, and, if the dog is impounded, order the director to waive any impoundment fees incurred and release the dog to its owner; or

(2)

Find that the owner of a dangerous dog is not in compliance with subsection (a) or with an order of removal, whichever applies, and order the director to seize and impound the dog (if the dog is not already impounded); and to

(3)

Humanely destroy the dog if the director determines that the owner has not complied with subsection (a) by the eleventh day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later, or release the dog to the owner if the director determines that the owner has complied with subsection (a) before the eleventh day;

(4)

Release the dog to the owner if the director determines that the owner will permanently remove the dog from the city before the eleventh day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later, and reseize, impound, and humanely destroy the dog if the owner has not permanently removed the dog from the city by the eleventh day; or

(5)

Euthanize the dog if:

a.

The director determines that the owner will not comply with subsection (a) by the eleventh day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later;

b.

The director determines that the owner will not permanently remove the dog from the city before the eleventh day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later; or

c.

The owner of the dog cannot be located before the fifteenth day after the date the municipal court issues an order under this subsection or the dog is seized and impounded, whichever occurs later.

(e)

The owner of the dangerous dog is responsible for all costs of seizure, acceptance, and impoundment, and all costs must be paid before the dog will be released to the owner.

(Ord. No. 2010-O-029, § 1, 3-15-10; Ord. No. 2016-O-132 , § 2, 9-12-16)