§ 4-26. Dangerous dog regulations.

(a)

Definitions.

(1)

Animal control authority means the City of South Houston animal control office with authority over the area where the dog is kept.

(2)

Dangerous dog means a dog that:

a.

Makes an unprovoked attack on a domesticated animal or person by biting or mauling that causes serious 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.

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, bite, or maul and cause serious bodily injury to that person.

(3)

Dog means a domesticated animal that is a member of the canine family.

(4)

Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

(5)

Secure enclosure means a fenced area or structure that is:

a.

Locked;

b.

Capable of preventing the entry of the general public, including children;

c.

Capable of preventing the escape or release of a dog;

d.

Clearly marked as containing a dangerous dog; and

e.

In conformance with the requirements for enclosures established by the local animal control authority.

(6)

Owner means a person who owns or has custody or control of the dog.

(b)

Requirements for owner of dangerous dogs.

(1)

Not later than the 30th day after a person learns that the person is the new owner of a dangerous dog, the person shall:

a.

Register the dangerous dog with the city's animal control authority;

b.

Restrain the dangerous dog at all times or in a leash in the immediate control of a person or in a secure enclosure.

c.

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 a dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and

d.

Comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.

(2)

The owner of a dangerous dog who does not comply with subsection (b)(1)a. shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.

(3)

If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by subsection (e), that the owner of a dangerous dog has failed to comply with subsection (b)(1)a. or 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 order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.

(4)

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

(5)

The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (b)(1)a. before the 11th day after the day on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with subsection (b)(1)a. before the 11th day after the date on which the dog is seized to delivered to the authority.

(6)

The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.

(7)

For purposes of this section, a person learns that the person is the owner of a dangerous dog when:

a.

The owner knows of an attack described in subsection (a)(2)a. or b.;

b.

The owner receives notice that a justice court, county court, or municipal court as found that the dog is a dangerous dog under subsection (e); or

c.

The owner is informed by the animal control authority that the dog is a dangerous dog under subsection (c).

(c)

Determination that a dog is dangerous.

(1)

If a person reports an incident described by subsection (c)(2), the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.

(2)

An owner, not later than the 15th day after the date the owner is notified that the dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction. An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county, or municipal court.

(d)

Reporting of incident in certain counties and municipalities. (Section 822.0422 Texas Health and Safety Code)

(1)

A person may report an incident described by subsection (a)(2) 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.

(2)

If the owner fails to deliver the dog as required by subsection (d)(1), 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. The court shall determine, after notice and hearing as provided in subsection (e), whether the dog is a dangerous dog. (Section 822.0422, Texas Health and Safety Code)

(e)

Hearing.

(1)

The court, on receiving a report of an incident under subsection (d) or on application under subsection (b)(3), shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with subsection (b). The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered.

(2)

The court shall give written notice of the time and place of the hearing to:

a.

The owner of the dog of the person from whom the dog was seized; and

b.

The person who made the complaint.

(3)

Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.

(4)

Evidence offered at the hearing to show that the person attacked in the incident was under ten (10) years old is prima facie proof that the dog is dangerous. Nothing in this section prevents the owner from offering evidence to rebut that presumption.

(5)

An owner or person filling the action may appeal the decision of the municipal court, justice court, or county court in the manner provided for the appeal of cases from the municipal, justice, or county court.

(f)

Registration.

(1)

An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:

a.

Presents proof of:

1.

Liability insurance or financial responsibility, as required by subsection (b);

2.

Current rabies vaccination of the dangerous dog; and

3.

The secure enclosure in which the dangerous dog will be kept; and

b.

Pays an annual registration fee of fifty dollars ($50.00).

(2)

The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar.

(3)

If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located on presentation by the current owner of the dangerous dog's prior registration tag and payment of fee of twenty-five dollars ($25.00), the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar.

(4)

An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.

(g)

Attack by dangerous dog.

(1)

A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person.

(2)

An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor.

(3)

If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by:

a.

A licensed veterinarian;

b.

Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or

c.

Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.

(4)

In addition to a criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The city attorney will be authorized to file a suit in a court of competent jurisdiction to collect the civil penalty on behalf of the city. Penalties collected under this subsection shall be retained by the municipality.

(h)

Violation.

(1)

A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with subsection (b) or subsection (d)(1) or another applicable municipal or county regulation relation to dangerous dogs.

(2)

Except as provided by subsection (h)(3), an offense under this section is a class C misdemeanor.

(3)

An offense under this section is a class B misdemeanor if it is shown on the trial of the defendant has previously been convicted under this section.

(i)

Defenses.

(1)

It is a defense to prosecution under subsection (g) or subsection (h) that the person is a veterinarian, a peace officer, a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.

(2)

It is a defense to prosecution under subsection (g) or subsection (h) that the person is an employee of the institutional division of the Texas Department of Criminal Justice or law enforcement agency and trains or uses dogs for law enforcement or correction purposes.

(3)

It is a defense to prosecution under subsection (h) that person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4412(29bb), Vernon's Texas Civil Statutes).

(Ord. No. 98-009, § 1, 7-28-98)