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Dangerous Animals
Section 4.101 Purpose & election to implement remedies of state law. It is the intent of this section to provide appropriate procedures and means for dealing with animals, including but not limited to, dogs which are dangerous or which, by their actions, represent a danger to the public health and safety in the future. In interpreting the provisions of this section, the Animal Control Officer shall take into consideration the right of an individual to possess and utilize an animal for security or guard purposes and shall also take into consideration the right of the public to be free from fear of attack and injury by a dog or other animal. Further, it is the intent and purpose of this section to promote public safety with respect to dangerous wild animals while providing means for the safe exhibition of certain animals for public entertainment and education. It is the specific intent of this provision to elect adoption of all remedies regarding dangerous dogs provided under Texas Health and Safety Code Chapter 822, Subchapter D, Dangerous Dogs as it exists at the time of adoption of this ordinance or as it may hereafter be amended.
Section 4.102 Definitions.
Section 4.102.1 Dangerous animal. For purposes of this ordinance, a dangerous animal is defined as an animal which:
Section 4.103 Reporting of incidents involving dangerous animals; disposition of animals pending investigation.
Section 4.103.1 A person shall report to the Animal Control Authority an incident or observation of an animal potentially meeting the criteria described in Section 4.102.1 (1) through (5) above. The Animal Control Authority shall investigate all such reports and shall make a determination as to whether the animal is a dangerous animal as defined herein.
Section 4.103.2 Pending the investigation and determination of the Animal Control Authority as to whether the animal is a dangerous animal, the Animal Control Authority shall have the authority to require the owner to, within twenty-four (24) hours of receipt of notice of the order, deliver the animal to the Weatherford Parker County Animal Shelter (or other appropriate facility designated by the Animal Control Authority) for impoundment in secure and humane conditions. In the event that the owner of an animal made the subject of a report under this section cannot be located after reasonable effort and the animal poses a threat to the public health and safety if not immediately impounded, the Animal Control Authority shall be authorized to impound the animal pending investigation of the report. In the event that the owner of an animal made the subject of a report under this section cannot, after reasonable effort, be located for service of written notice by the Animal Control Authority, the Animal Control Authority shall be authorized to humanely euthanize the animal after five (5) days.
Section 4.104 Determination of dangerous animal by Animal Control Authority; appeal of determination
Section 4.104.1 The Animal Control Authority shall investigate reports made pursuant to Section 4.103.1 above. Such investigations may include the interviewing of individuals, the taking of sworn statements, examination of the animal and other review of other relevant information. If, at the conclusion of the investigation, the Animal Control Authority determines that the animal is a dangerous animal, as defined herein, the Animal Control Authority shall provide notice, in writing, of that determination to the owner of the animal. The written notice may be delivered in person or by certified mail, return receipt requested, with concurrent mailing by regular mail. In the event the owner of the animal refuses the written notice by certified mail, it shall be presumed that the owner received the written notice forwarded by regular mail.
Section 4.104.2 In the event that the animal made the subject of the investigation has not been impounded pending the investigation, upon determination by the Animal Control Authority that the animal is a dangerous animal, the written notice of that determination shall be accompanied by a written directive from the Animal Control Authority to deliver the animal to the Animal Control Authority, within five (5) days of the issuance of the written notice, for agreed registration in accord with the provisions of this ordinance or the determination of the Municipal Court regarding the disposition of the animal.
In the event the owner fails to deliver the animal to the Animal Control Authority as required by this subsection, the Animal Control Authority shall request from the Municipal Court the issuance of warrant for seizure of the animal. The Animal Control Authority shall, promptly upon issuance of the warrant for seizure, seize the animal and provide for its impoundment in secure and humane conditions pending the Municipal Court’s order regarding disposition of the dog. The owner of the animal shall be responsible for all costs incurred in seizing the dog and the costs and fees for impoundment of the animal.
Section 4.104.3 The owner of an animal which has been determined by the Animal Control Authority to be a dangerous animal may, within ten (10) days following issuance of the written notice of the determination as a dangerous animal, appeal the determination of the Animal Control Authority to the Municipal Court by filing with that court a written notice of appeal of the determination. The written notice of appeal must plainly state the grounds of the appeal of the determination and have attached a true and correct copy of the written notice issued by the Animal Control Authority which is appealed. A written notice of determination as a dangerous animal issued by the Animal Control Authority and not timely appealed as provided in this subsection shall be considered, in all respects, final upon the 11th day following its issuance.
The Municipal Court shall, upon receipt of a written appeal as provided above, set the matter for hearing. The hearing must be set not later than ten (10) days from the date of the filing of the written appeal. The Court shall provide written notice of the date and time of the disposition hearing to: (1) the owner of the animal; (2) the Animal Control Authority; and (3) the City Attorney’s Office. The written determination of the Animal Control Authority that the animal is a dangerous animal shall give rise to a rebuttable presumption that the animal is a dangerous animal. Any interested person may present competent evidence to the Court to rebut the presumption of the animal’s status. The Municipal Court shall render its decision in writing within ten (10) days of the date of the hearing. Copies of the decision shall be forwarded to the owner and to the City Attorney’s Office. In the event the decision of the Municipal Court affirms the Animal Control’s Authority that the animal is a dangerous animal, the owner shall be required to comply with the registration requirements set forth below and the animal shall remain impounded pending the owner’s compliance with those registration requirements.
Section 4.105 Registration of dangerous animals.
Section 4.105.1 Not later than ten (10) days from the date of the issuance of a written notice by the Animal Control Authority that an animal is a dangerous animal, or in the event of appeal of such written notice by the Animal Control Authority, not later than ten (10) days from the date of a written decision of the Municipal Court affirming the determination that an animal is a dangerous animal, the owner of the animal shall:
Section 4.105.3 The registration required by this subsection shall be valid for a period of twelve (12) months from the date of its issuance and the owner shall be required to re-register the dangerous animal at the expiration of its registration period. Re-registration of a dangerous animal shall require compliance with each of the above provisions. In the event an owner fails to timely re-register an animal finally determined to be a dangerous animal subject to registration, the Animal Control Authority shall be authorized, without hearing or warrant, to immediately seize the animal; notify the owner of the seizure; and impound the animal until such time as the owner properly re-registers the animal. In the event the owner fails to properly re-register a dangerous animal impounded pursuant to this provision within fifteen (15) days of its impoundment, the Animal Control Authority shall be authorized to humanely euthanize the animal.
Section 4.105.4 An animal finally determined, by notice of the Animal Control Authority or by the Municipal Court, to be a dangerous animal shall not be released from impoundment until each of the requirements of Section 4.105.1 has been met by the owner and all fees and costs incurred in connection with the care, impoundment and other required procedures for the animal have been paid to the City. A finding by the Animal Control Authority that an owner of a dangerous animal is no longer in compliance with the provisions of this ordinance shall constitute grounds for revocation of the animal’s registration and seizure and impoundment of the animal as provided in Section 4.105.2 above. In the event the owner of an animal finally determined to be a dangerous animal fails to comply with the requirements of Section 4.105.1 within thirty (30) days of the final written determination, the Animal Control Authority shall be authorized to humanely euthanize the animal.
Section 4.106 Requirements for restraint of dangerous animal. The owner of an animal finally determined to be a dangerous animal shall:
Section 4.108 Offenses; defenses to prosecution.
Section 4.108.1 Offense. A person who owns, keeps or otherwise has care, custody or control of a dangerous animal, as defined in this ordinance, commits an offense if the person fails to comply with any provision of this ordinance pertaining to the regulation of dangerous animals.
Section 4.108.2 Offense. A person commits an offense if he owns, keeps or otherwise has care, custody or control of a dangerous animal, as defined in this ordinance, and the animal makes an unprovoked attack on a person or domestic animal outside the animal’s secure enclosure and causes bodily injury, other than serious bodily injury to the person, or domestic animal.
Section 4.108.3 Defenses to prosecution. It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person keeping or in care or control of the animal is a veterinarian, a peace officer, a person employed by a duly organized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals or animal control and has temporary ownership, custody or control of the animal in connection with that position.
It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or correction purposes.
It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702 of the Texas Occupations Code.
Section 4.102 Definitions.
Section 4.102.1 Dangerous animal. For purposes of this ordinance, a dangerous animal is defined as an animal which:
- makes an unprovoked attack on a person which results in bodily injury to the person and which occurs in a place other than an enclosure in which the animal was being kept and which was reasonably certain to prevent the animal from leaving the enclosure of its own volition;
- commits unprovoked acts in a place other than an enclosure in which the animal was being kept and which was reasonably certain to prevent the animal from leaving the enclosure of its own volition, and those acts by the animal cause a person to reasonably believe that the dog will attack and cause bodily injury to that person;
- has killed or seriously injured a domestic animal without provocation while in a place other than an enclosure in which the attacking animal was kept and which was reasonably certain to prevent the animal from leaving the enclosure of its own volition;
- is kept, harbored or trained for fighting or used for the purpose of fighting;
- is an animal known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the Texas Department of State Health Services; or
- is determined by the Animal Control Officer, due to temperament, condition, training and/or observed behavior of the animal, to be a danger to persons or to other animals.
- locked;
- capable of preventing the entry of the general public, including children;
- capable of preventing the escape or release of the animal(s) kept therein;
- clearly marked with notice that the area or structure contains a dangerous animal;
- adequately lit and ventilated and maintained in a clean and sanitary condition;
- of a minimum area of two (2) square feet per pound of weight of the animal to be secured; and
- in compliance with all requirements of this ordinance, and regulations adopted pursuant to this ordinance, for animal enclosures.
Section 4.103 Reporting of incidents involving dangerous animals; disposition of animals pending investigation.
Section 4.103.1 A person shall report to the Animal Control Authority an incident or observation of an animal potentially meeting the criteria described in Section 4.102.1 (1) through (5) above. The Animal Control Authority shall investigate all such reports and shall make a determination as to whether the animal is a dangerous animal as defined herein.
Section 4.103.2 Pending the investigation and determination of the Animal Control Authority as to whether the animal is a dangerous animal, the Animal Control Authority shall have the authority to require the owner to, within twenty-four (24) hours of receipt of notice of the order, deliver the animal to the Weatherford Parker County Animal Shelter (or other appropriate facility designated by the Animal Control Authority) for impoundment in secure and humane conditions. In the event that the owner of an animal made the subject of a report under this section cannot be located after reasonable effort and the animal poses a threat to the public health and safety if not immediately impounded, the Animal Control Authority shall be authorized to impound the animal pending investigation of the report. In the event that the owner of an animal made the subject of a report under this section cannot, after reasonable effort, be located for service of written notice by the Animal Control Authority, the Animal Control Authority shall be authorized to humanely euthanize the animal after five (5) days.
Section 4.104 Determination of dangerous animal by Animal Control Authority; appeal of determination
Section 4.104.1 The Animal Control Authority shall investigate reports made pursuant to Section 4.103.1 above. Such investigations may include the interviewing of individuals, the taking of sworn statements, examination of the animal and other review of other relevant information. If, at the conclusion of the investigation, the Animal Control Authority determines that the animal is a dangerous animal, as defined herein, the Animal Control Authority shall provide notice, in writing, of that determination to the owner of the animal. The written notice may be delivered in person or by certified mail, return receipt requested, with concurrent mailing by regular mail. In the event the owner of the animal refuses the written notice by certified mail, it shall be presumed that the owner received the written notice forwarded by regular mail.
Section 4.104.2 In the event that the animal made the subject of the investigation has not been impounded pending the investigation, upon determination by the Animal Control Authority that the animal is a dangerous animal, the written notice of that determination shall be accompanied by a written directive from the Animal Control Authority to deliver the animal to the Animal Control Authority, within five (5) days of the issuance of the written notice, for agreed registration in accord with the provisions of this ordinance or the determination of the Municipal Court regarding the disposition of the animal.
In the event the owner fails to deliver the animal to the Animal Control Authority as required by this subsection, the Animal Control Authority shall request from the Municipal Court the issuance of warrant for seizure of the animal. The Animal Control Authority shall, promptly upon issuance of the warrant for seizure, seize the animal and provide for its impoundment in secure and humane conditions pending the Municipal Court’s order regarding disposition of the dog. The owner of the animal shall be responsible for all costs incurred in seizing the dog and the costs and fees for impoundment of the animal.
Section 4.104.3 The owner of an animal which has been determined by the Animal Control Authority to be a dangerous animal may, within ten (10) days following issuance of the written notice of the determination as a dangerous animal, appeal the determination of the Animal Control Authority to the Municipal Court by filing with that court a written notice of appeal of the determination. The written notice of appeal must plainly state the grounds of the appeal of the determination and have attached a true and correct copy of the written notice issued by the Animal Control Authority which is appealed. A written notice of determination as a dangerous animal issued by the Animal Control Authority and not timely appealed as provided in this subsection shall be considered, in all respects, final upon the 11th day following its issuance.
The Municipal Court shall, upon receipt of a written appeal as provided above, set the matter for hearing. The hearing must be set not later than ten (10) days from the date of the filing of the written appeal. The Court shall provide written notice of the date and time of the disposition hearing to: (1) the owner of the animal; (2) the Animal Control Authority; and (3) the City Attorney’s Office. The written determination of the Animal Control Authority that the animal is a dangerous animal shall give rise to a rebuttable presumption that the animal is a dangerous animal. Any interested person may present competent evidence to the Court to rebut the presumption of the animal’s status. The Municipal Court shall render its decision in writing within ten (10) days of the date of the hearing. Copies of the decision shall be forwarded to the owner and to the City Attorney’s Office. In the event the decision of the Municipal Court affirms the Animal Control’s Authority that the animal is a dangerous animal, the owner shall be required to comply with the registration requirements set forth below and the animal shall remain impounded pending the owner’s compliance with those registration requirements.
Section 4.105 Registration of dangerous animals.
Section 4.105.1 Not later than ten (10) days from the date of the issuance of a written notice by the Animal Control Authority that an animal is a dangerous animal, or in the event of appeal of such written notice by the Animal Control Authority, not later than ten (10) days from the date of a written decision of the Municipal Court affirming the determination that an animal is a dangerous animal, the owner of the animal shall:
- register the animal with the Animal Control Authority and obtain from the Animal Control Authority a tag supplied by the Animal Control Authority clearly identifying the animal as a “dangerous animal”;
- ensure that the identification tag is placed on and worn on the animal at all times;
- provide to the Animal Control Authority documentation confirming that the animal has been fitted with a microchip identification device registered with the microchip company and fitted by a licensed veterinarian or, alternatively, reimburse the City for the costs of the microchip device fitted by the Animal Control Authority;
- provide to the Animal Control Authority documentation confirming that the owner has in effect liability insurance coverage in a minimum amount of $100,000 to cover damages resulting from an attack by the animal causing bodily injury to a person;
- provide documentation to the Animal Control Authority confirming that the animal made the subject of the written determination has been spayed or neutered or provide written consent for the spay or neuter of the animal while impounded by the City; and
- permit inspection of the owner’s premises where the animal is proposed to be kept for the purpose of ensuring that a secure enclosure, as defined herein, is provided for the animal.
Section 4.105.3 The registration required by this subsection shall be valid for a period of twelve (12) months from the date of its issuance and the owner shall be required to re-register the dangerous animal at the expiration of its registration period. Re-registration of a dangerous animal shall require compliance with each of the above provisions. In the event an owner fails to timely re-register an animal finally determined to be a dangerous animal subject to registration, the Animal Control Authority shall be authorized, without hearing or warrant, to immediately seize the animal; notify the owner of the seizure; and impound the animal until such time as the owner properly re-registers the animal. In the event the owner fails to properly re-register a dangerous animal impounded pursuant to this provision within fifteen (15) days of its impoundment, the Animal Control Authority shall be authorized to humanely euthanize the animal.
Section 4.105.4 An animal finally determined, by notice of the Animal Control Authority or by the Municipal Court, to be a dangerous animal shall not be released from impoundment until each of the requirements of Section 4.105.1 has been met by the owner and all fees and costs incurred in connection with the care, impoundment and other required procedures for the animal have been paid to the City. A finding by the Animal Control Authority that an owner of a dangerous animal is no longer in compliance with the provisions of this ordinance shall constitute grounds for revocation of the animal’s registration and seizure and impoundment of the animal as provided in Section 4.105.2 above. In the event the owner of an animal finally determined to be a dangerous animal fails to comply with the requirements of Section 4.105.1 within thirty (30) days of the final written determination, the Animal Control Authority shall be authorized to humanely euthanize the animal.
Section 4.106 Requirements for restraint of dangerous animal. The owner of an animal finally determined to be a dangerous animal shall:
- at all times when the animal is on the owner’s property, restrain the animal on an adequate leash in the immediate control of a person eighteen (18) years of age or older, or restrain the animal in a secure enclosure as defined in this ordinance; and
- at all times when the animal is taken off the owner’s property, restrain the animal with a muzzle which will prevent it from biting any person or other animal but which will not cause injury to the animal nor interfere with its vision or respiration.
Section 4.108 Offenses; defenses to prosecution.
Section 4.108.1 Offense. A person who owns, keeps or otherwise has care, custody or control of a dangerous animal, as defined in this ordinance, commits an offense if the person fails to comply with any provision of this ordinance pertaining to the regulation of dangerous animals.
Section 4.108.2 Offense. A person commits an offense if he owns, keeps or otherwise has care, custody or control of a dangerous animal, as defined in this ordinance, and the animal makes an unprovoked attack on a person or domestic animal outside the animal’s secure enclosure and causes bodily injury, other than serious bodily injury to the person, or domestic animal.
Section 4.108.3 Defenses to prosecution. It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person keeping or in care or control of the animal is a veterinarian, a peace officer, a person employed by a duly organized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals or animal control and has temporary ownership, custody or control of the animal in connection with that position.
It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or correction purposes.
It is a defense to prosecution under Sections 4.108.1 and 4.108.2 that the person is a dog trainer or an employee of a guard dog company under Chapter 1702 of the Texas Occupations Code.