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Dallas Ordinance: Vicious Animals |
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Thursday, 17 July 2008 |
Sec. 4-18A. Vicious animals.
(a) Requirements for owner of vicious animal
(1) Not later than the 30th day after a person learns that the person is the owner of a vicious animal, the person shall:
a. Register the vicious animal with the animal control officer for the city in which the animal is kept;
b. Restrain the vicious animal at all times on 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 $100,000.00 to cover damages resulting from an attack by the vicious animal 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 the following regulations:
1. That the animal shall be kept in a locked and secured enclosure; and
2. That the owner post a conspicuous notice that a vicious animal is located on the premises.
(2) The owner of a vicious animal who does not comply with subsection (a) shall deliver the animal to the animal control authority not later than the 30th day after the owner learns that the animal is vicious.
(3) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by section 4-18(c), that the owner of a vicious animal has failed to comply with subsection (1) or (2), the court shall order the animal control authority to seize the animal and shall issue a warrant authorizing the seizure. The authority shall seize the animal or order its seizure and shall provide for the impoundment of the animal in secure and humane conditions.
(4) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the animal. The governing body of the municipality may prescribe by resolution the amount of the fees.
(5) The court shall order the animal control authority to humanely destroy the animal if the owner has not complied with subsection (1) before the 11th day after the date on which the animal is seized or delivered to the authority. The court shall order the authority to return the animal to the owner if the owner complies with subsection (1) before the 11th day after the date on which the animal is seized or delivered to the authority.
(6) The court may order the humane destruction of a dog if the owner of the animal has not been located before the 15th day after the seizure and impoundment of the animal.
(7) For purposes of this section, a person learns that the person is the owner of a vicious animal when:
a. The owner knows of an attack described in this article;
b. The owner receives notice that a justice court, county court, or municipal court has found that the animal is a vicious animal under section 4-18; or
c. The owner is informed by the animal control authority that the animal is a vicious animal under this article.
(b) Determination that animal is vicious
(1) If a person reports an incident described by this article, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the animal is a vicious animal, 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 an animal owned by the owner is a vicious animal, 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.
(Ord. No. 2036, § 1, 9-18-07)
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