HomeMy WebLinkAbout1957 06-26-2012 ORDINANCE NO. 1957
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 10, "ANIMALS", ARTICLE I, "IN
GENERAL", SECTION 10-2, "DEFINITIONS" AND AMENDING
ARTICLE III, "CARE AND CONTROL", SECTION 10-71, "DOGS OR
ANIMALS THAT ATTACK PERSONS OR DOMESTIC ANIMALS" AND
SECTION 10-72, "DANGEROUS DOGS" PROVIDING FOR THE
REGULATION DANGEROUS DOGS AND VICIOUS ANIMALS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council finds that the current ordinance regulating
dangerous dogs and dogs that attack other animals should be amended and clarified;
and
WHEREAS, Chapter 822 of the Texas Health and Safety Code provides for the
regulation of dangerous dogs and dogs that cause the death or serious bodily injury to a
person; and
WHEREAS, Chapter 822 allows municipalities to place additional and more
stringent requirements on dangerous dogs, provided such requirements on dangerous
dogs are not breed specific; and
WHEREAS, the City Council finds that regulations addressing these concerns
are in the best interest of the health, safety and welfare of the citizens of Euless; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 10, "Animals", Article I, "In General", Section 10-2, "Definitions" of the
Code of Ordinances of the City of Euless, Texas is hereby amended by amending the
definition of "Dangerous dog" and adding a definition of "Vicious animal" to read as
follows:
"Dangerous dog means a dog that:
(a) 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 reasonably certain to prevent the dog from
leaving the enclosure on its own; or
(b) 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.
Vicious animal means an animal, including a dog other than a dangerous dog as
defined herein, that makes an unprovoked attack on a pet animal or person that
causes injury or death and occurs in a place other than an enclosure in which the
animal was being kept and that was reasonably certain to prevent the animal
from leaving the enclosure on its own."
SECTION 2.
Chapter 10, "Animals", Article Ill, "Care and Control", of the Code of Ordinances
of the City of Euless, Texas is hereby amended by revising Sections 10-71 and 10-72 to
read as follows:
"Section 10-71. Vicious animal.
(a) Determination of vicious animal by complaint to municipal court
(1) A person may report an incident described by the definition of vicious
animal as contained in Section 10-2 of this Chapter to the Municipal Court
by filing a sworn complaint detailing the incident. The Judge of the
Municipal Court shall review each report filed pursuant to this section and
shall issue a warrant authorizing animal control to seize the animal in
question only upon a showing of probable cause to believe that the animal
complained of meets the definition of vicious animal.
(2) Upon receipt of a warrant from the Judge of the Municipal Court issued
pursuant to subsection (a)(1) of this Section, the animal control officer
shall seize the animal and impound the animal in secure and humane
conditions until the Municipal Court orders the disposition of the animal.
(3) The Municipal Court shall set a time for a hearing to determine whether
the animal is a vicious animal. The hearing must be held not later than the
10th day after the date on which the animal was seized. The Municipal
Court shall give written notice of the time and place of the hearing to:
a. The owner of the animal or the person from whom the animal was
seized; and
b. The person who made the sworn complaint.
Ordinance No. 1957, Page 2 of 10
(4) Any interested party, including the city attorney, may present evidence at
the hearing.
(5) Upon a determination that the animal complained of is a vicious animal,
the Judge may order any of the following:
a. the owner of the animal to restrain the animal at all times on a
leash, harness, or other restraining device, with a muzzle, or within
a fenced enclosure secure enough to prevent the animal's escape;
and/or
the owner of the animal to obtain liability insurance coverage or
show financial responsibility in an amount of at least $100,000 and
provide proof of the required liability insurance coverage or financial
responsibility to the animal control department;
b. the animal to be removed from the City of Euless within a certain
time period; or
c. the animal to be humanely destroyed.
(6) Upon a determination that the animal complained of is not a vicious
animal, the Judge shall order the animal control officer to release the
animal back to its owner or the person from whom the animal was seized.
(7) The owner of an animal or the person making the complaint may appeal
the decision of the municipal court in the manner provided for the appeal
of cases from the municipal court.
(b) Authority of animal control to impound.
(1) If a person reports an incident described by the definition of vicious animal
in Section 10-2 of this Chapter, the animal control officer may investigate
the incident and impound the animal in secure and humane conditions if
the animal is determined to be an immediate danger to persons or pet
animals.
(2) The animal control officer shall then request a hearing pursuant to
subsection (a) of this Section to determine whether the impounded animal
is a vicious animal.
(3) If impoundment cannot be done safely, nothing in this Chapter shall
impair, restrict or remove the authority of an animal control officer or a
peace officer to destroy an animal who is determined to be an immediate
danger to a person or domestic animal.
(c) Violations.
Ordinance No. 1957, Page 3 of 10
(1) A person commits an offense if the person is the owner of an animal and
the person, with criminal negligence, fails to secure the animal and the
animal makes an unprovoked attack that causes injury or death to a pet
animal at a location other than the owner's real property or in or on the
owner's motor vehicle or boat.
(2) A person commits an offense if the person is the owner of an animal
determined to be vicious under this section and the owner fails to comply
with an order issued by the Judge pursuant to Section 10-71(a)(5).
(3) An offense under this section is a class C misdemeanor.
(4) If a person is found guilty of an offense under this section, the Judge of
the Municipal Court may order the attacking animal destroyed.
(5) It is a defense to prosecution under this subsection that:
a. The person charged 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
animals and has temporary ownership, custody, or control of the
animal in connection with that position.
b. The person charged 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.
c. The person charged is a dog trainer or an employee of a guard dog
company under Texas Occupations Code, chapter 1702."
Section 10-72. Dangerous Dogs.
(a) Determination that a dog is dangerous.
(1) If a person reports an incident described by the definition of dangerous
dog as contained in Section 10-2 of this Chapter, 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, 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 a dog owned by the owner is a dangerous dog, may appeal the
determination of the animal control officer to the municipal court
whereupon a hearing will be held pursuant to subsection (c).
(b) Reporting of incident.
Ordinance No. 1957, Page 4 of 10
(1) A person may report an incident described by the definition of dangerous
dog as contained in Section 10-2 of this Chapter to the municipal court.
The owner of the dog shall deliver the dog to the animal control officer not
later than the fifth day after the date on which the owner receives notice
that the report has been filed. The animal control officer may provide for
the impoundment of the dog in secure and humane conditions until the
court orders the disposition of the dog.
(2) If the owner fails to deliver the dog as required by subsection (b)(1) of this
section, the animal control officer may report this failure to the municipal
court whereupon the judge may issue a warrant authorizing seizure of the
dog. The animal control officer shall seize the dog and shall provide for the
impoundment of the dog in secure and humane conditions until the court
orders the disposition of the dog. The owner shall pay any cost incurred in
seizing the dog.
(3) The judge shall determine, after notice and hearing as provided in
subsection (c) of this Section, whether the dog is a dangerous dog.
(4) The judge, after determining that the dog is a dangerous dog, may order
the animal control officer to continue to impound the dangerous dog in
secure and humane conditions until the court orders disposition of the dog
and the dog is returned to the owner, ordered removed from the City, or
destroyed.
(5) The owner shall pay any cost or fee associated with the continued
impoundment under subsection (b)(4).
(6) The City of Euless, by the adoption of this subsection, hereby elects to be
governed by V.T.C.A., Health and Safety Code § 822.0422.
(c) Hearing.
(1) The court shall set a time for a hearing to determine whether the dog is a
dangerous dog or whether the owner of the dog has complied with
subsection (d) 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.
(2) The court shall give written notice of the time and place of the hearing to:
a. The owner of the dog or the person from whom the dog was seized;
and
b. The person who made the report.
(3) Any interested party, including the city attorney, may present evidence at
the hearing.
Ordinance No. 1957, Page 5 of 10
(4) The owner of a dog or the person making the report may appeal the
decision of the municipal court in the manner provided for the appeal of
cases from the municipal court.
(d) Requirements for owner of dangerous dog.
(1) Unless an appeal is pending pursuant to Section (a)(2); not later than the
30th day after a person learns that the person is the owner of a dangerous
dog, the person shall:
a. Register the dangerous dog with the city animal control department;
b. Restrain the dangerous dog at all times on a leash, harness, or
other restraining device, and with a muzzle in the immediate control
of a person or in a secure enclosure, as defined by V.T.C.A., Health
and Safety Code § 822.041;
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 dangerous dog causing bodily injury to a
person and provide proof of the required liability insurance
coverage or financial responsibility to the animal control officer for
the area in which the dog is kept; and
d. Comply with all applicable city or state regulations, requirements, or
restrictions on dangerous dogs.
(2) In addition to or in lieu of the requirements of subsection (d)(1) of this
section, unless an appeal is pending, the animal control officer or the
judge may order that the dog be permanently removed from the city within
said 30-day period.
(3) The owner of a dangerous dog who does not comply with subsection
(d)(1) of this Section shall deliver the dog to the animal control officer not
later than the 30th day after the owner learns that the dog is a dangerous
dog.
(4) If the judge finds, after notice and hearing provided by subsection (c) of
this section, that the owner of a dangerous dog has failed to comply with
subsection (d)(1) (2) or (3), the judge 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 and shall provide for the
impoundment of the dog in secure and humane conditions.
(5) The owner shall pay any cost or fee assessed by the city related to the
seizure, acceptance, impoundment, or destruction of the dangerous dog.
Ordinance No. 1957, Page 6 of 10
(6) The court shall order the animal control officer to humanely destroy the
dog if the owner has not complied with subsection (d)(1) of this section
before the 11th 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 subsection (d)(1)
of this section before the 11th day after the date on which the dog is
seized or delivered to the authority.
(7) The court may order the humane destruction of a dog if the owner of the
dog has not been located before the 15th day after the seizure and
impoundment of the dog.
(8) For purposes of this subsection, a person learns that the person is the
owner of a dangerous dog when:
a. The owner knows of an attack described by the definition of
dangerous dog as contained in this Chapter;
b. The owner received notice that a justice court, county court, or
municipal court has found that the dog is a dangerous dog; or
c. The owner is informed by the animal control officer that the dog is a
dangerous dog under this Section.
(e) Registration.
(1) The animal control officer shall annually register a dangerous dog if the
owner:
a. presents proof of:
i. Liability insurance or financial responsibility, as required by
subsection (d)(1)(c) of this Section;
ii. Current rabies vaccination of the dangerous dog; and
iii. The secure enclosure in which the dangerous dog will be
kept; and
b. Payment of an annual registration fee as set forth in Section 30-4 of
this Code.
(2) The animal control officer shall provide to the owner registering a
dangerous dog a registration tag. The owner must place the tag on the
dog's collar.
(3) If an owner of a registered dangerous dog sells or moves the dog to a new
address, the owner, not later than the 14th day after the date of the sale or
Ordinance No. 1957, Page 7 of 10
move, shall notify the animal control authority of the new address where
the dog is located. On presentation by the current owner of the dangerous
dog's prior registration tag and payment of a fee as set forth in section 30-
4 of this Code, the animal control officer shall issue a new registration tag
to be placed on the dangerous dog's collar.
(4) An owner of a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
(f) Attack by dangerous dog.
(1) 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.
(2) An offense under this section is a Class C misdemeanor.
(3) If a person is found guilty of an offense under this section, the court may
order the dangerous dog destroyed by a person listed in V.T.C.A., Health
and Safety Code § 822.004.
(g) Violations.
(1) A person who owns or keeps custody or control of a dangerous dog
commits an offense if the person fails to comply with subsection (d) or
(e)(1) of this section.
(2) An offense under this section is a Class C misdemeanor.
(h) Defenses.
(1) It is an affirmative defense to prosecution under subsection (f) or (g) of this
section 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 animals and
has temporary ownership, custody, or control of the dog in connection with
that position.
(2) It is an affirmative defense to prosecution under subsection (f) or (g) of this
section that the person is an employee of the institutional division of the
state department of criminal justice or a law enforcement agency and
trains or uses dogs for law enforcement or corrections purposes.
(3) It is an affirmative defense to prosecution under subsections (f) and (g) of
this section that the person is a dog trainer or an employee of a guard dog
company under V.T.C.A., Occupations Code Chapter 1702.
(i) Authority of animal control officer.
Ordinance No. 1957, Page 8 of 10
(1) In addition to any other authority conferred by the Euless Code of
Ordinances or state law, an animal control officer or a peace officer shall
have the authority to immediately seize and impound any animal that bites
a person.
(2) If impoundment cannot be done safely, nothing in this Chapter shall
impair, restrict or remove the authority of an animal control officer or a
peace officer to destroy an animal who is determined to be an immediate
danger to a person."
SECTION 3.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which event the conflicting provisions of the other ordinances are hereby repealed.
SECTION 4.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of a court
of competent jurisdiction, such unconstitutionality shall not affect the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this ordinance of the
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other
ordinances regulating dangerous dogs or vicious animals that have accrued at the time
of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
PENALTY CLAUSE. Any person, firm or corporation violating any of the terms
and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless
Code of Ordinances. Each such violation shall be deemed a separate offense and shall
be punishable as such hereunder.
Ordinance No. 1957, Page 9 of 10
SECTION 7.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish the caption, penalty clause and effective date of this ordinance in the
official newspaper of the City of Euless, as required by Section 12 of Article II of the
Charter of the City of Euless.
SECTION 8.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so ordained.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 26th day of June 2012 by a vote of 7 ayes,
o nays and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
dej GJ��
Mary Lib1Saleh Wayne K. Olson
Mayor City Attorney
ATTEST:
/-A
Ki ► Sutter, TRMC
Ci Secretary
Ordinance No. 1957, Page 10 of 10
INVOICE
Star-Telegram Customer ID: CITO9
808 Throckmorton St. Invoice Number: 321858021
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 6/30/2012
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 6/30/2012
Bill To: PO Number:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR Order Number: 32185802
EULESS, TX 76039-3543 Sales Rep: 073
Description: CITY OF EULESS 0
Attn: ACCOUNTS . PAYABLE Publication Dates: 6/29/2012-6/30/2012
Description-„,,,,„ i ,. -` Location Col Depth Linage MU Rate Amount
CITY OF EULESS
CITY OF I ORDINANCE NO. 1957 13580 1 53 53 LINE $6.11 $647.36
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 10,
Sales Discc "ANIMALS", ARTICLE I, "IN ($622.56)
GENERAL",SECTION 10-2,"DEFINI-
TIONS"AND AMENDING ARTICLE
1VIisC Fee TIONC10-71A AND OR ANIMALS $10.00
THAT ATTACK PERSONS OR DO-
MESTIC ANIMALS"AND SECTION
10-72, "DANGEROUS DOGS"
PROVIDING FOR THE REGULATION
DANGEROUS DOGS AND VICIOUS Net Amount:ANIMALS;PROVIDING THAT THIS 4.80
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PUBLICATION IN THE OFFICIAL 4.-C"):2? O y S.
NEWSPAPER;AND PROVIDING AN l• ,..1..- ; 7�
EFFECTIVE DATE. I*: /\
EFFECTIVE DATE. This Ordinance r y •
shall be in full force and effect -'--- '' • 7 4
from and after its passage and i ••. OF 'c. •.
Ipublication as required by law,and i •/•1•,�(PIRE.•'
it is so ordained.PEN corporation violating any of the ,''/////v,���`�i�,��Z`````
THE STA terms and provisions of this ordi-
COUnt Of note shall be deemed guilty of a
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thereof,shall be fined in accordance
Before m with Chapter 1,Section 1-12,Euless ounty and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for
Code of Ordinances. Each such
the Star- violation shall be deemed a separate -legram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the a offense and shah be punishable as ,nt was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
such hereunder.
(817)215 PRESENTED AND PASSED ON FIRST c * \
AND FINAL READING City a regular \.� • h, �1�
meeting of the Euless City Council `\ `��
on the 26th day of June 2012 by a Signed
vote of 7 ayes, 0 nays and 0
abstentions. ME,THIS Friday,July 06,201
SUBSCR APPROVED: i bp) (lila,/ -.
/s/Mary Lib Saleh, Mayor
ATTEST:
/s/Kim Sutter,TRMC,City Secretary Notary Public
APPROVED AS TO FORM:
/s/ Wayne K. Olson,City Attorney
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CITO9
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 321858021
Invoice Amount: $34.80
PO Number:
Amount Enclosed: $ $'`J. 'D J
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