10-28-01-Ordinance-Amending Animal Control provisions-Dangerous Dog-10/15/2001ORDINANCE NO. 10-28-01
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING ARTICLE
2.100 "DEFINITIONS"; AMENDING ARTICLE 2.300 "DANGEROUS DOGS" TO
PROVIDE REQUIREMENTS FOR THE OWNER OF A DANGEROUS DOG;
PROVIDING FOR THE DETERMINATION THAT A DOG IS DANGEROUS;
PROVIDING FOR THE REPORTING OF INCIDENTS; PROVIDING FOR A
HEARING; AMENDING ARTICLE 2.500 TO DEFINE AND PROHIBIT ANIMAL
NUISANCES, INCLUDING DOGS THAT ARE A DANGER TO PERSONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY; PROVIDING FOR A FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
SECTION 1. That Chapter 2, Article 2.100, of the Code of Ordinances, City of Sanger,
Texas, is hereby amended, in part, as follows:
"ARTICLE 2.100 DEFINITIONS
Animal Control Authority. Shall mean the animal control officer of the City of Sanger.
Dangerous Dog. As used in this Article, "dangerous dog" means a dog that:
a. Makes an unprovoked attack on a person or animal that causes 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 attacks 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 a
person or animal.
Dog. Shall mean a domesticated animal that is a member of the canine family.
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Secure Enclosure. Shall mean 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 an
ordinance of the City of Sanger.
Serious Bodily Injury. Shall mean 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.
SECTION 2. That Chapter 2, Article 2.300, of the Code of Ordinances, City of Sanger,
Texas, is hereby amended, in part, as follows:
"ARTICLE 2.300 DANGEROUS DOGS
Section 2.301 Animal Control Officer to Investigate Incidents; to Rule on Dangerous
Dogs; Appeals
If a person reports an incident described in the definition of dangerous dog, the animal
control officer may investigate the incident. If, after receiving the sworn statements of any
witnesses, the animal control officer determines the dog is a dangerous dog, he shall notify the
owner of that fact. An owner, not later than the fifteenth day after the date he is notified that a
dog owned by him is a dangerous dog, may appeal the determination of the animal control
officer to the municipal court of the City of Sanger. An owner may appeal the decision of the
municipal court judge in the same manner as appeals for other cases from the municipal court.
Section 2.302 Requirements for Owners of Dangerous Dogs
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(d) Comply with any applicable regulation, requirement, or restriction of the
City of Sanger on dangerous dogs.
(e) The owner of a dangerous dog who does not comply with the above
requirements shall deliver the dog to the animal control officer not later
than the thirtieth day after the owner learns that the dog is a dangerous
dog;
(f) If, on application of any person, the municipal court judge finds, after
notice and hearing as provided below, that the owner of a dangerous dog
has failed to comply with this section, the court shall order the animal
control officer to seize the dog and shall issue a warrant authorizing the
seizure. The animal control officer shall seize the dog or order its seizure
and shall provide for the impoundment of the dog in secure and humane
conditions.
(g) The owner of the dangerous dog shall pay any cost or fee assessed by the
City related to the seizure, acceptance, impoundment, or destruction of the
dog. The City Council may establish the amount of the fees by
appropriate resolution from time to time.
(h) The court shall order the animal control officer to humanely destroy the
dog if the owner has not complied with the provisions of this section
before the eleventh day after the date on which the dog is seized or
delivered to the animal control officer. The court shall order the animal
control officer to return the dog to the owner if the owner complies with
the provisions of this section before the eleventh day after the date on
which the dog is seized or delivered to the animal control officer.
(i) The court may order the humane destruction of a dangerous dog if the
owner of the dog has not been located before the fifteenth day after the
seizure and impoundment of the dog.
(j) 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 the definition of
"dangerous dog" above;
(2) the owner receives notice that the municipal court has
found that the dog is a dangerous dog; or
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(3) the owner is informed by the animal control officer that the
dog is a dangerous dog after determination by the animal
control officer.
Section 2.306 Notice and Hearing
(a) The municipal court, on receiving a report of an incident involving a dog
or on application by any person, shall set a time for a hearing to determine
whether a dog is a dangerous dog or whether the owner of the dog has
complied with the requirements of this section. The hearing must be held
not later than the tenth day after the date on which the dog is seized or
delivered.
(b) The court shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was
seized; and
(2) The person who made the complaint.
(c) An interested party, including the City Attorney, is entitled to present
evidence at the hearing.
(d) An owner or person tiling the action may appeal the decision of the
municipal court in the manner provided for the appeal of cases from the
municipal court.
ARTICLE 2.500 PREVENTION OF PUBLIC NUISANCES
(a) Every owner shall exercise proper care and control of his animals to prevent them from
becoming a public nuisance.
(b) It shall be unlawful and an offense for any person to cause, suffer, or permit any animal
owned by him to be a public nuisance as defined in this Article;
(c) In addition to dangerous dogs and other public nuisances defined herein, the municipal
court and the animal control officer shall have authority to deal with dogs that are a
danger to persons, and have caused death or serious bodily injury of persons, in the
manner provided by Subchapter A, Chapter 822, Texas Health and Safety Code.
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(d) A dog that has caused death or serious bodily injury of a large domesticated animal, such
as defined in Section 2.1301 of this Chapter, shall be subject to seizure and disposition in
the same manner as a dangerous dog or a dog that is a danger to persons.
SECTION 3. That all ordinances of the City of Sanger in conflict with the provisions of
this ordinance be and the same are hereby repealed.
SECTION 4. If any section, paragraph, sentence, subdivision, clause, phrase or
provision of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the
same shall not affect the validity of this ordinance as a whole or any part or provision hereof
other than the part so decided to be unconstitutional, illegal, or invalid and shall not affect the
validity of the remainder of this ordinance or any other provision of the Code of Ordinances of
the City of Sanger.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance as amended hereby shall be deemed guilty of a misdemeanor and subject to a
penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to
exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage, as the law in such cases provide.
DULY PASSED by the City Council of the City of Sanger, Texas, on the day
of , 2001.
APPROVED:
MAYOR
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DULY RECORDED:
i(r,'Ju
CITY SECRETARY
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