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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. 43720 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 43720 (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 43720 (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. 43720 (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 43720 DULY RECORDED: i(r,'Ju CITY SECRETARY 43720