§ 6-51. Failure to comply.

(a)

Any person may make a sworn application to the municipal court of the city that the owner of a dangerous dog or dangerous animal has failed to comply with section 6-50 or that a dangerous dog or dangerous animal has attacked a person or another animal. Upon the filing of a sworn application under this section, the municipal court of the city shall schedule a hearing on the application in accordance with section 6-52.

(b)

A sworn application under this section must include:

(1)

Name, address, and telephone number of complainant and other witnesses;

(2)

Date, time, and location of the incident forming the basis of the report;

(3)

Description of the animal(s) involved in the incident;

(4)

Name, address, and telephone number of the animal owner, if known;

(5)

A statement of facts upon which the application is based;

(6)

A statement addressing whether the animal has exhibited dangerous propensities in past conduct, if known;

(7)

Any other relevant facts or circumstances; and

(8)

A Texas state notary stamp and signature.

(c)

Upon the filing of a sworn application under this section, the municipal court of the city shall order the animal control authority to seize the dangerous dog or dangerous animal and shall issue a warrant authorizing the seizure. The animal control authority shall seize the dangerous dog or dangerous animal or order its seizure and shall provide for the impoundment of the dangerous dog or dangerous animal in secure and humane conditions. The owner may be ordered to pay any cost or fee assessed by the city related to the seizure, acceptance, impoundment, or destruction of the dangerous dog or dangerous animal. The governing body of the city may prescribe the amount of the fees. The dangerous dog or dangerous animal shall remain impounded pending an order of disposition from the municipal court of the city.

(d)

If, after a hearing on an application filed under this section, the municipal court of the city finds that the owner of the dangerous dog or dangerous animal has failed to comply with section 6-50 or that the dangerous dog or dangerous animal has attacked a person or another animal, the municipal court of the city shall order the animal control authority to humanely destroy the dangerous dog or dangerous animal, that the dangerous dog or dangerous animal be permanently removed from the city, or that the dangerous dog or dangerous animal be returned to the owner upon proof of compliance with all of the requirements of section 6-50. No dangerous dog or dangerous animal shall be ordered returned to its owner more than one time. The court may also order the owner of the dangerous dog or dangerous animal to pay all costs or fees assessed by the city related to the seizure, acceptance, impoundment, and destruction of the dangerous dog or dangerous animal due to the sworn complaint filed under this section.

(e)

If, after a hearing on an application filed under this section, the municipal court finds that the owner of the dangerous dog or dangerous animal has not failed to comply with section 6-50 and that the dangerous dog or dangerous animal has not attacked a person or another animal, the municipal court shall order that the animal control authority immediately release the dangerous dog or dangerous animal to the owner, and the owner shall not be responsible for the costs of seizure or impoundment of the dangerous dog or dangerous animal due to the sworn complaint filed under this section.

(f)

A dangerous dog or dangerous animal ordered to be humanely destroyed or permanently removed from the city shall remain impounded until the dangerous dog or dangerous animal is humanely destroyed or until the owner reclaims the dangerous dog or dangerous animal under section 6-56(a).

(g)

Notwithstanding any other law or local regulation, a dangerous dog or dangerous animal shall not be destroyed during the pendency of an appeal under section 6-53.

(h)

If the owner of a dangerous dog or dangerous animal seized due to a sworn application filed under this section cannot be located within 15 days after the seizure and impoundment of the dangerous dog or dangerous animal, the dangerous dog or dangerous animal shall be considered abandoned and the city shall be deemed the owner of the dangerous dog or dangerous animal. The court shall order the humane destruction of a dangerous dog or dangerous animal abandoned under this section upon application of the animal control authority, without a hearing.

(Ord. No. 2017-04, § 3, 4-4-17)