Dangerous Dog

(a)

Animal control authority means the Weatherford Animal Control Office with authority for animal control in the City of Weatherford, Texas.

(b)

Dangerous dog means a dog that:

(1)

makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonable certain to prevent the dog from leaving the enclosure on its own, or

(2)

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 and cause bodily injury to that person.

(c)

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

(d)

Secure enclosure means a fenced area or structure that is:

(1)

locked;

(2)

capable of preventing the entry of the general public, including children,

(3)

capable of preventing the escape or release of a dog;

(4)

clearly marked as containing a dangerous dog,

(5)

is separate from the main structure of a residence on the premises;

(6)

is of a minimum square footage of not less than 64 square feet (eight feet by eight feet) and may be required to be of a greater square footage depending upon the number and size of the dogs to be secured therein,

(7)

is adequately lit and ventilated and maintained in a clean and sanitary condition,

(8)

provides protection from the elements adequately for the animal's humane care;

(9)

provides the animal(s) with sufficient space to permit the animal(s) to have not less than two feet between the animal(s)' eating area, resting area and the area of the enclosure where the animal urinates and defecates; and

(10)

complies with all applicable City Code provisions regarding accessory buildings and/or structures and their use.

(e)

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

( Ord. No. O2021-13 , 3-23-21)

(a)

If a person reports an incident described by section 14-4-1(2)(a) or section 14-4-1(2)(b), the animal control authority may investigate the incident. If, after receiving the sworn statement(s) of any witness(es), the animal control authority determines that the dog is a dangerous dog as defined herein, the animal control authority shall notify the owner, in writing, of that determination

(b)

The owner of the dog, determined by the animal control authority to be a dangerous dog, may, not later than the 15 ^th day after the date the owner is notified that the dog is a dangerous dog, appeal the determination of the animal control authority to the Weatherford Municipal Court or to a justice court or county court of competent jurisdiction

(c)

To file an appeal pursuant to subsection (b) above, the owner must:

(1)

file a notice of appeal of the animal control authority's dangerous dog determination with the court;

(2)

attach to the notice of appeal a copy of the written determination from the animal control authority; and

(3)

serve a copy of the notice of appeal on the Animal Control Authority by mailing the notice through the United States Postal Service to the Animal Control Authority at: Animal Control Authority - City of Weatherford, P.O. Box 255, Weatherford, Texas 76086.

(d)

The owner may appeal the decision of the Weatherford Municipal Court, the justice court or the county court in the manner described by section 14-4-6 below.

( Ord. No. O2021-13 , 3-23-21)

(a)

A person may report an incident described by section 14-4-1 (2)(a) or section 14-4-1(2)(b) to the Weatherford Municipal Court, a justice court or a county court of competent jurisdiction. The court to which the incident is reported shall provide written notice to the owner of the dog(s) made the subject of the report that the report has been filed with the court.

(b)

The owner of the dog(s) involved in the incident report filed with the court shall surrender the dog to the animal control authority, by delivery of the dog to the Weatherford Parker County Animal Shelter, not later than the fifth day after the date on which the owner receives the written notice that the report has been filed with the court.

(c)

If the owner of the dog(s) fails to deliver the dog(s) as required by subsection (b) immediately above, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure of the dog(s).

(d)

The animal control authority shall, whether the dog(s) is voluntarily surrendered or seized pursuant to warrant, provide for the impoundment of the dog(s) in secure and humane conditions until the court orders the disposition of the dog.

(e)

After notice and hearing as provided by section 14-4-4 below, the court shall determine whether the dog is a dangerous dog

(f)

In the event the court determines that the dog(s) is a dangerous dog, the court may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under section 14-4-5 below and the dog is either returned to the owner following registration as a dangerous dog or the dog is humanely euthanized provided that the court may not order the destruction of the dog by humane euthanization during the pendency of a timely filed appeal of the court's decision.

(g)

The owner shall pay all costs or fees prescribed and assessed by the City of Weatherford related to the seizure, acceptance, impoundment or destruction (by humane euthanization) of the dog.

( Ord. No. O2021-13 , 3-23-21)

(a)

A court, on receiving a report of an incident under section 14-4-3, shall set a time for a hearing to determine whether the dog is a dangerous dog The hearing under this subsection must be held not later than the tenth day after date on which the dog was voluntarily surrendered to the animal control authority pursuant to section 14-4-3(b) or on which the dog was seized pursuant to warrant and impounded pursuant to section 14-4-3(c).

(b)

A court, on receiving an application alleging an owner's failure to comply with the provisions of section 14-4-5(2), shall set a time for a hearing to determine whether the dog is a dangerous dog.

(c)

The court shall give written notice of the date, time and place of a hearing under subsection (1) or (2) above to:

(1)

the owner of the dog or the person from whom the dog was seized pursuant to warrant, and

(2)

the person who reported the incident or who filed the application complaining of an owner's failure to comply with section 14-4-5(b).

(d)

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

(e)

Either the owner or a person filing the action in the court may appeal the decision of the municipal court or the justice court in accord with the provisions of section 14-4-6.

(f)

The court shall determine the estimated costs to house and care for an impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs

( Ord. No. O2021-13 , 3-23-21)

(a)

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

(1)

the owner knows of an attack described in section 14-4-1(b)(1) or section 14-4-1(b)(2);

(2)

the owner receives notice that a justice court, county court or municipal court has found that the dog is a dangerous dog after notice and hearing as provided by section 14-4-4 above; or

(3)

the owner is informed by the animal control authority that the dog is a dangerous dog as provided by section 14-4-2.

(b)

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

(1)

register the dangerous dog with the animal control authority for the City of Weatherford in accord with the provisions of section 14-4-7 below;

(2)

permit inspection by the animal control authority of the owner's premises where the dog is proposed to be kept for purposes of ensuring that a secure enclosure, as defined herein, is provided for the dog;

(3)

restrain the dangerous dog at all times on the owner's premises on a leash in the immediate control of a person or in a secure enclosure as defined by this ordinance;

(4)

at all times when the dangerous dog is taken off the owner's premises, restrain the dog with a muzzle sufficient to prevent the dog from biting a person, but which will not cause injury to the dog nor interfere with the dog's vision or respiration;

(5)

obtain and provide the animal control authority for the City of Weatherford documentation of liability insurance coverage or financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person;

(6)

ensure that the dog is fitted with and displays at all times a tag issued by the animal control authority identifying the dog as a "dangerous dog"; and

(7)

provide proof of current rabies vaccination of the dangerous dog.

(c)

The owner of a dangerous dog who fails or refuses to comply with the provisions of subsection (b) immediately above shall deliver the dangerous dog to the animal control authority not later than the 30 ^th day after the owner learns that the dog is a dangerous dog

(d)

If, on the application of any person, the Weatherford Municipal Court or a justice or county court of competent jurisdiction finds, after notice and hearing as provided by section 14-4-4, that the owner of a dangerous dog has failed to comply with the requirements of subsection 14-4-5(b) or subsection 14-4-5(c), the court shall order the animal control authority to seize the dog and shall issue a wan ant authorizing the seizure of the dog

(e)

The animal control authority shall seize the dog pursuant to the court's warrant and shall provide for the impoundment of the dog in secure and humane conditions.

(f)

The owner shall pay all costs or fees prescribed and assessed by the City of Weatherford related to the seizure, acceptance, impoundment or destruction (by humane euthanization) of the dog.

(g)

The court shall order the animal control authority to return the dog to the owner if the owner complies with section 14-4-5(b) before the 11 ^th day after the date on which the dog was seized.

(h)

The court shall older the animal control authority to humanely destroy the dog if the owner has not complied with section 14-4-5(b) before the 11 ^th day after the date on which the dog is seized except in the event the owner of the dog has timely filed an appeal under section 14-4-6 below in which event the court may not order the destruction of the dog during the pendency of the appeal.

(i)

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

( Ord. No. O2021-13 , 3-23-21)

(a)

A party to a hearing under section 14-4-4(b) may appeal the decision of the Weatherford Municipal Court or the justice court of competent jurisdiction to a county court or county court-at-law of Parker County, Texas and is entitled to a jury trial upon request.

(b)

A party to a hearing under section 14-4-4(a) may appeal the decision of the Weatherford Municipal Court or the justice court of competent jurisdiction to a county court or county court-at-law of Parker County, Texas and is entitled to a jury trial upon request.

(c)

As a condition of perfecting an appeal under subsection (a) or (b) immediately above, the appellant must file a notice of appeal not later than the tenth calendar day after the date the court's decision is issued and, if applicable, must file an appeal bond in the amount determined by the court from which the appeal is taken.

(d)

Notwithstanding Section 30.00014 of the Texas Government Code, or any other law, a person filing an appeal from the Weatherford Municipal Court is not required to file a motion for new trial to perfect an appeal.

(e)

Notwithstanding any other law, the county court or a county court-at-law of Parker County, Texas, has jurisdiction to hear an appeal filed under this section.

(f)

The decision of a county court or county court-at-law rendered on an appeal pursuant to this section may be appealed in the same manner as an appeal for any other case in a county court or county court-at-law.

( Ord. No. O2021-13 , 3-23-21)

(a)

Registration of a dangerous dog as required by this chapter is specific to the dog made the subject of the registration requirement and the owner identified in the registration certificate. A registration certificate issued pursuant to this chapter may not be transferred, sold or otherwise conveyed to another owner.

(b)

Registration of a dangerous dog pursuant to this chapter will be valid for a period of 12 months from the date of its issuance and the owner shall be required to re-register the dangerous dog at the expiration of each 12-month registration period. Re-registration of a dangerous animal shall require compliance with all of the requirements below.

(1)

The owner shall permit inspection by the animal control authority of the owner's premises where the dog is kept for purposes of ensuring that a secure enclosure, as defined herein, is provided for the dog;

(2)

The owner shall provide the animal control authority for the City of Weatherford documentation of liability insurance coverage for the applicable 12-month period of registration or financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person,

(3)

The owner shall provide proof of current rabies vaccination of the dangerous dog; and

(4)

The owner shall remit to the animal control authority payment of annual registration fee in the amount of $50 00.

(c)

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

(d)

If the owner of a registered dangerous dog sells or moves the dog to a new address, the owner shall, not later than the 14 ^th day after the date of the sale or move of the dog, notify the animal control authority for the area in which the dangerous dog's new address is located. The owner of the registered dangerous dog shall also notify the animal control authority for the City of Weatherford of the sale or moving of the registered dangerous dog and the new address at which the dog will be located.

(e)

The owner of a registered dangerous dog shall notify the animal control authority for the City of Weatherford by written notice of any attacks the owner's registered dangerous dog makes on people.

( Ord. No. O2021-13 , 3-23-21)

(a)

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.

(b)

An offense under this section is a class C misdemeanor and is punishable by a fine not to exceed $500.00.

(c)

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

(1)

a licensed veterinarian;

(2)

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

(3)

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

( Ord. No. O2021-13 , 3-23-21)

(a)

A person commits an offense if the person fails or refuses to comply with a provision of this chapter. An offense under this chapter does not require proof of a culpable mental state. It is the intent of this chapter to impose strict liability for violation of or failure to comply with the provisions of this chapter

(b)

It is a defense to prosecution under this chapter that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animal and has temporary ownership, custody or control of the dog in connection with that position

(c)

It is a defense to prosecution under this chapter 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 dogs for law enforcement or corrections purposes

(d)

It is a defense to prosecution under this chapter that the person is a dog trainer or an employee of a guard dog company under Chapter 1702 of the Texas Occupations Code.

(e)

A person found to have violated a provision of this chapter or to have failed to comply with a provision of this chapter shall, upon conviction, be fined in an amount not to exceed the sum of $500.00. The imposition of a fine shall be in addition to all other remedies provided in this chapter.

( Ord. No. O2021-13 , 3-23-21)