§ 18-260. Dangerous animals.

(a)

Any dangerous animal found running at large may be destroyed by any animal services officer or peace officer in the interest of public safety.

(b)

For purposes of this article, a person learns he/she is the owner of a dangerous animal when:

(1)

The owner knows of an attack described in the definition of "dangerous animal"; or

(2)

The owner is notified by the animal services manager that the animal is a dangerous animal.

(c)

Complaint .

(1)

The animal services manager may receive a sworn, written complaint by any person over the age of 18 years charging that a particular domestic animal in the city is a dangerous animal as defined in this article. To be considered valid, a sworn, written complaint shall contain at least the following information:

a.

Name, address and telephone number of complainant(s) and other witnesses;

b.

A description of the animal and the address where it resides, and, if known, the name and telephone number of the owner of the animal;

c.

A statement describing the facts upon which the complaint is based including: a description of the incident or incidents which cause the complainant to believe the animal is a dangerous animal; the date, time and location of the incident; a description of the injuries sustained and whether medical assistance was sought and the outcome of that treatment;

d.

The names and contact information for witnesses who were present for the incident, if any;

e.

Any other facts that the complainant believes to be important.

(2)

The animal services manager may reject or return complaints that are incomplete or do not contain the information required in subsection (c)(1) herein. The animal services manager shall cause to have investigated all complaints containing the information required in subsection (c)(1) herein that are submitted to the city.

(d)

Determination .

(1)

Within ten days of receiving a valid complaint, the animal services manager shall determine if the animal described in the complaint is a dangerous animal.

(2)

If the animal services manager determines that the subject animal of a valid complaint is not a dangerous animal, he/she shall provide written notice of said determination to the owner of the animal and the individual who submitted the complaint under subsection (c)(1) herein.

(3)

If the animal services manager determines that the animal is a dangerous animal, he/she shall make a disposition determination based on the necessity to preserve the public health, safety, and welfare of the community. This determination shall be one of the following:

a.

Removal of the dangerous animal from the city;

b.

Humane destruction of the dangerous animal; or

c.

Allow the dangerous animal to remain in the city, provided the owner is in compliance with the requirements set forth in subsection (i).

(e)

Notification .

(1)

The animal services manager shall provide notice of his/her determination regarding an animal that is subject to a complaint and the ordered disposition of an animal determined to be a dangerous animal to the owner of the animal, the individual who submitted the complaint, as well as any known victim of a dangerous animal.

(2)

The notice shall be in writing and shall contain a statement that the owner has a right to appeal the determination that the animal is a dangerous animal to the Farmers Branch Municipal Court as set forth in subsection (v) herein.

(3)

Notice shall be hand delivered or mailed certified mail, return receipt requested, to the owner's last known mailing address. A notice that is mailed is deemed received three days after it is placed in a mail receptacle of the United States Postal Service.

(f)

Impoundment pending disposition of a dangerous animal.

(1)

Within 24 hours of receiving notice from the animal services manager that an animal is a dangerous animal, the owner of said dangerous animal shall cause said animal to be impounded and boarded at the owner's expense at the animal services facility pending the disposition of the animal in conformance with the animal service manager's notice or appeal. If the animal that is the subject of the hearing was already impounded for being an animal at large, was seized pursuant to this chapter, or was abandoned at the animal services facility, the animal shall remain impounded until the conclusion of the hearing.

(2)

A person commits an offense if he interferes with the lawful seizure or impoundment of an animal by an animal services officer.

(3)

A person commits an offense if he harbors, hides, transports, or secures the transport for any animal for the purpose of preventing its required impoundment under this section.

(g)

Removal from city.

(1)

In the event that the animal services manager determines that the dangerous animal must be removed from the city, the owner of said dangerous animal shall remove said dangerous animal from the city limits within 15 days of notification from the animal services manager. Animal services may humanely destroy the dangerous animal if the owner of the dangerous animal has not submitted an appeal of the determination in accordance with subsection (v) and does not remove such dangerous animal from the city within 15 days of notification by the animal services manager.

a.

Prior to removal from the city, the owner of a dangerous animal must submit proof that the dangerous animal has been microchipped and registered with a national registry.

b.

Prior to removal to another jurisdiction, the owner of a dangerous animal must submit proof that the receiving jurisdiction is aware that an animal, which has been declared dangerous by the City of Farmers Branch, will be residing within their jurisdiction and that the owner or person who will be harboring the animal has met all of the local requirements for harboring a dangerous animal within the receiving jurisdiction.

c.

Prior to removal from the city, the owner of a dangerous animal must report the disposition and exact address for relocation of such animal to the animal services manager in writing.

(h)

Humane destruction.

(1)

In the event that the animal services manager determines that the dangerous animal must be humanely destroyed, animal services may humanely destroy the dangerous animal if the owner of the dangerous animal has not submitted an appeal of the determination in accordance with subsection (v).

(i)

Requirements for owner of a dangerous dog.

(1)

No later than 30 days after notification from the animal services manager that an animal has been determined to be a dangerous animal and is permitted to remain within the city, the owner of a dangerous animal shall comply with the following requirements:

a.

Prior to reclaiming the animal from animal services, present proof that the owner has purchased a current liability insurance policy with coverage amounts of at least $300,000.00 per occurrence for personal injury, death and property damage to cover injury, death, or damage caused by a dangerous animal. The owner or keeper shall maintain such insurance as long as the dangerous animal is kept within the city;

b.

Prior to reclaiming the animal from animal services, present proof of a current rabies vaccination of the dangerous animal if it is a dog or a cat. In the event that the animal is provided a rabies vaccination by animal services, the owner shall be responsible for said expense and shall reimburse the city for these costs prior to retaining custody of such animal;

c.

Prior to reclaiming the animal from animal services, present proof satisfactory to the animal services manager that the enclosure in which the animal will be kept is a secure enclosure;

d.

Prior to reclaiming the animal from the animal services division, present written permission from the property owner allowing the animal to return to the property if the owner of a dangerous animal rents or leases the property where the animal will be living;

e.

Prior to reclaiming the animal from the animal services division, present proof that said animal has been implanted with a microchip and registered with a national registry maintained by a recognized organization, such as AVMA or UKC, on a national basis. In the event that the animal is microchipped by animal services, the owner shall be responsible for said expense and shall reimburse the city for these costs prior to retaining custody of such animal;

f.

Prior to reclaiming the animal from the animal services division, pay an annual registration fee in the amount set forth in Appendix A of this Code;

g.

Keep the dangerous animal in a secure enclosure as defined in section 18-1 at all times when its owner is not present;

h.

Require that the dangerous animal, when exercised outdoors on property owned or leased by the animal's owner, be conducted in an enclosed area with a fence or wall not less than six feet in height and with the dangerous animal secured by a leash no longer than four feet in length held by a person of sufficient strength to restrain the animal;

i.

Except as provided in subsection (i)(1)(h) above, require that a dangerous animal not be removed from a secured enclosure unless it is secured by a leash no longer than four feet in length held by a person of sufficient strength to restrain the animal, and muzzled by a muzzling device sufficient to prevent the animal from biting a person or another animal;

j.

Require that the city's animal services officer be admitted to the location and premises of all dangerous animals to periodically inspect for compliance with all sections of this article; and

k.

Require the dangerous animal be sterilized.

(2)

The animal services manager shall provide to the owner registering a dangerous animal a dangerous animal registration tag. Such tag shall be of a bright distinguishing color, shall contain the year of registration engraved on its tag face, and shall be larger than a normal license tag issued to dogs and cats. A dangerous animal registration shall be valid for one year from the date of issuance.

(3)

The owner of a registered dangerous animal shall attach the tag to the animal's collar or similar device and shall place such collar or device on the animal.

(4)

If the owner of a registered dangerous animal sells or gives away the animal or moves the animal to a new address, the owner, prior to the date of the sale, gift, or move, shall notify the animal services manager of the animal's new address and owner, and receive written permission by the animal services manager for the move.

(5)

If a new owner keeps a dangerous animal within the city, the new owner shall register the dangerous animal with the animal services manager prior to receiving the animal.

(6)

Not less than 30 days prior to the expiration of the annual registration of a dangerous animal, the owner of the dangerous animal shall deliver to the animal services manager proof that the owner is continuing to maintain the required liability insurance, vaccination, and secure enclosure along with an annual re-registration fee of $100.00.

(7)

The animal services manager may request proof of liability insurance and the maintenance of a secure enclosure as deemed necessary to assure compliance with this article.

(j)

The owner of an animal that has been determined to be dangerous by another jurisdiction is prohibited from having such animal within the city limits.

(k)

The owner of a dangerous animal shall immediately notify the animal services manager of all attacks made by the animal on humans or domestic animals, or if the animal is at large. For the purposes of this chapter, immediate shall mean within ten minutes of the owner becoming aware of the attacks or the animal being at large. Notification shall be made to the city's emergency dispatch system (911).

(l)

The owner of a dangerous animal shall notify the animal services manager of the death of such animal by providing satisfactory proof to the local rabies control authority.

(m)

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

(n)

A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on a domestic animal or domestic fowl while such animal is at large, and the attack causes bodily injury or death to the domestic animal or domestic fowl.

(o)

A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with requirements for owners of dangerous animals set forth in subsection (i) herein.

(p)

A person commits an offense if he owns or keeps custody or control of a dangerous animal without having such animal currently registered as a dangerous animal with the city animal services division.

(q)

The owner of a dangerous animal commits an offense if he fails to comply with subsection (k) herein.

(r)

The owner of a dangerous animal commits an offense if he sells or gives the animal to another person and fails to notify the other person at the time of the sale or gift that the animal is a registered dangerous animal.

(s)

The owner of a registered dangerous animal commits an offense if he fails to display on such animal a current dangerous animal registration tag issued by the city's animal services division.

(t)

If a person is found guilty of an offense under this section, the court shall order the animal services manager to impound and humanely destroy the animal immediately.

(u)

The animal services manager shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.

(v)

Appeal .

(1)

Orders of the animal services manager pertaining to a dangerous animal may be appealed to the city municipal court. Appeals to the court shall be made by the owner filing a written notice of appeal with the court not later than the 15th day after receiving notice that the animal has been determined to be dangerous. During the pendency of the appeal, the order of the animal services manager shall be suspended, and the animal shall remain impounded at the owner's expense at the animal services facility. The decision of the municipal court may be appealed as set forth in Texas Health and Safety Code section 822.0424, as amended.

(2)

The appeal before the municipal court shall be a trial de novo. The standard procedures for trial settings in the municipal court shall be used for these appeals. The appeal is limited to a hearing under the substantial evidence rule and is a civil proceeding for the purpose of affirming or reversing the animal services manager's determination of dangerousness or affirming, reversing, or modifying the manager's decision regarding disposition of the dangerous animal.

(3)

The owner filing the appeal shall file an appeal bond in the amount of $300.00 with the municipal court. The bond shall be used to cover the cost of daily care of the animal. Should the judge or jury determine the animal is not dangerous the appeal bond may be returned if the amount has not been assessed as costs of daily care.

(4)

The owner shall be responsible for any costs beyond feeding, including, but not limited to: veterinary care, immunizations, medications, and care for other animals or employees injured by the animal.

(5)

The judge or jury may render a verdict in the appeal regarding the disposition of the dangerous animal that conforms to the requirements set forth in subsections (g), (h), or (i), whichever is applicable.

(6)

The owner shall pay all assessed costs before the animal is released to the owner.

(w)

Noncompliance .

(1)

Upon receipt of a sworn, written complaint by any person that the owner of a previously determined dangerous animal has failed to comply with subsection (i) herein or has failed to remove the dog from the city as required by order of the animal services manager or the municipal court, the municipal court shall conduct a hearing to determine whether the owner is in compliance with subsection (i) herein or with an order of removal, whichever applies. The hearing must be conducted within 30 days after receipt of the complaint, but, if the dog is already impounded, not later than ten 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 animal owner and to the complainant. Any interested person may present evidence at the hearing.

(2)

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

a.

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

b.

Find that the owner of a dangerous dog is not in compliance with subsection (h) herein or with an order of removal, whichever applies, and order the animal services manager to seize and impound the dog (if the animal is not already impounded) and to:

1.

Humanely destroy the animal if the animal services manager determines that the owner has not complied with subsection (i) of this section by the 11th day after the date the municipal court issues an order under this subsection or the animal is seized and impounded, whichever occurs later, or release the animal to the owner if the animal services manager determines that the owner has complied with subsection (i) before the 11th day;

2.

Release the animal to the owner if the animal services manager determines that the owner will permanently remove the animal from the city before the 11th day after the date the municipal court issues an order under this subsection or the animal is seized and impounded, whichever occurs later, and re-seize, impound, and humanely destroy the animal if the owner has not permanently removed the dog from the city by the 11th day; or

3.

Humanely destroy the animal if:

i.

The animal services manager determines that the owner will not comply with subsection (i) of this section by the 11th day after the date the municipal court issues an order under this subsection or the animal is seized and impounded, whichever occurs later;

ii.

The animal services manager determines that the owner will not permanently remove the animal from the city before the 11th day after the date the municipal court issues an order under this subsection or the animal is seized and impounded, whichever occurs later; or

iii.

The owner of the animal cannot be located before the 15th day after the date the municipal court issues an order under this subsection or the animal is seized and impounded, whichever occurs later.

(3)

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

( Ord. No. 3518, § 1, 8-21-2018 )