Ordinance No. 11,826ORDINANCE NO. 11,826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 14 "ANIMALS," OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND
ENTITLED ARTICLE V "DANGEROUS ANIMALS" TO ADDRESS THE
CLASSIFYING OF DANGEROUS ANIMALS AND THEIR IMPOUNDMENT AND
DISPOSITION; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby elects to be
governed by Section 822.0422 of the Texas Health and Safety Code regarding reporting of incidents
related to dangerous dogs and animals.
Section 2: That Chapter 14 "Animals," of the Code of Ordinances, Baytown, Texas, is
hereby amended to add a new article to be numbered and entitled Article V "Dangerous Animals," which
article shall read as follows:
ARTICLE V. DANGEROUS ANIMALS
DIVISION 1. GENERALLY
Sec. 14 -151. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means livestock, domesticated animals, and fowl.
Animal control authority means the city's animal control division with authority over the area
where the animal is kept.
Dangerous animal means any animal 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 attacking animal was being kept and that was
reasonably certain to prevent the attacking animal from leaving the enclosure on its
own; or
(B) commits unprovoked acts 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 and those acts cause a person to reasonably believe that the animal
will attack and cause bodily injury to that person or another animal.
Secure enclosure means 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 an animal;
(D) clearly marked as containing a dangerous animal; and
(E) in conformance with the requirements for enclosures established by the animal control
authority.
Owner means a person who owns or has custody or control of the animal.
Sec. 14 -152. Reporting of incident.
(a) if a person reports to the animal control authority an incident in which an animal commits acts
which could characterize the animal as a dangerous animal as defined in section 14 -151, the
animal control authority may investigate the incident. If, after receiving the sworn statements of
any witnesses, the animal control authority believes the animal is a dangerous animal, it shall
notify the owner of that fact and report the incident to municipal court in accordance with this
section.
(b) Upon being notified by the animal control authority that the incident has been reported to
municipal court, the owner of the animal shall deliver the animal to the animal control authority
not later than the fifth day after the date on which the owner receives notice that the report has
been filed. The animal control authority may provide for the impoundment of the animal in
secure and humane conditions until the court orders the disposition of the animal.
(c) If the owner fails to deliver the animal as required by subsection (b), the court shall order the
animal control authority to seize the animal and shall issue a warrant authorizing the
seizure. The animal control authority shall seize the animal or order its seizure and shall provide
for the impoundment of the animal in secure and humane conditions until the court orders the
disposition of the animal. The owner shall pay any cost incurred in seizing the animal.
Sec. 14 -153. Hearing.
(a) The court on receiving a report of an incident under section 14 -152 shall set a time for a hearing
to determine whether the animal is a dangerous animal. The hearing must be held not later than
the I Oh day after the date on which the animal 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 animal or the person from whom the animal was seized; and
(2) the person who made the complaint.
(c) Any interested party, including the city attorney, is entitled to present evidence at the hearing.
(d) The court shall determine, after notice and hearing as provided in this section, whether the animal
is a dangerous animal.
(e) The court, after determining that the animal is a dangerous animal, may order the animal control
authority to continue to impound the dangerous animal in secure and humane conditions until the
court orders disposition of the animal and the animal is returned to the owner or destroyed.
(f) An owner or person filing the action may appeal the decision of the municipal court, in the
manner provided for the appeal of cases from the municipal court.
(g) The owner shall pay all costs and fees assessed by the city related to the seizure, acceptance,
impoundment or destruction of the animal.
Sec. 14 -154. Requirements for owner of dangerous animal.
(a) Not later than the 30`h day after the owner receives notice that the municipal court has found that
the animal is a dangerous animal under section 14 -153, the owner, before redeeming the animal,
must:
(1) register the dangerous animal with the animal control authority in accordance with
section 14 -155;
(2) restrain the dangerous animal at all times on a leash in the immediate control of a person
or in a secure enclosure;
(3) obtain liability insurance coverage or show financial responsibility in an amount of at
least $100,000 to cover damages resulting from an attack by the dangerous animal
causing bodily injury to a person or animal and provide proof of the required liability
insurance coverage or financial responsibility to the animal control authority;
(4) pay any cost or fee assessed by the city or the court related to the seizure, acceptance, or
impoundment of the animal; and
(5) comply with all applicable regulation, requirement, or restriction on dangerous animals,
including, but not limited to, any imposed by the municipal court or any other court of
competent jurisdiction.
(b) The court shall order the animal control authority to humanely destroy the animal if the owner has
not complied with subsection (a) before the 41" day after the date on which the animal is
determined to be a dangerous animal by the court. The court shall order the animal control
authority to return the animal to the owner if the owner complies with subsection (a) before the
41" day after the date on which the animal is determined to be a dangerous animal by the court.
(c) The court may order the humane destruction of an animal if the owner of the animal has not been
located before the 15th day after the seizure and impoundment of the animal.
Sec. 14 -155. Registration.
(a) The animal control authority shall annually register a dangerous animal if the owner:
(1) presents proof of:
(A) liability insurance or financial responsibility, as required by section 14 -154;
(B) current rabies vaccination of the dangerous animal; and
(C) the secure enclosure in which the dangerous animal will be kept; and
(2) pays an annual registration fee of $50.
(b) The animal control authority shall provide to the owner registering a dangerous animal a
registration tag. The owner must place the tag on the animal's collar, which collar must be worn
by the dangerous animal at all times.
(c) If an owner of a registered dangerous animal sells or moves the animal to a new address, the
owner, not later than the 14th day after the date of the sale or move, shall notify the animal
control authority. On presentation by the current owner of the dangerous animal's prior
registration tag and payment of a fee of $25, the animal control authority shall issue a new
registration tag to be placed on the dangerous animal's collar.
(d) An owner of a registered dangerous animal shall notify the animal control authority of any attacks
the dangerous animal makes on a person or animal within twenty-four hours of the incident.
(e) An owner of a registered dangerous animal shall notify the animal control authority when the
dangerous animal dies.
Sec. 14 -156. Attack by dangerous animal.
(a) A person commits an offense if the person is the owner of a animal determined by the court to be
a dangerous animal and the dangerous animal makes an unprovoked attack on another person or
animal outside the dangerous animal's enclosure and causes bodily injury to the other person or
animal.
(b) An offense under this section is a Class C misdemeanor.
(c) If a person is found guilty of an offense under this section, the court may order the dangerous
animal destroyed by a person listed in V.T.C.A., Health & Safety Code § 822.004.
Sec. 14 -157. Violations.
(a) A person who owns or keeps custody or control of an animal declared by the court to be a
dangerous animal commits an offense if the person fails to comply with sections 14 -152 (b) or
14 -154.
(b) Except as otherwise provided by law, an offense under this section is a Class C misdemeanor.
See. 14 -155. Defenses.
(a) It is a defense to prosecution under section 14 -156 or section 14 -157 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 animal in connection with that position.
(b) It is a defense to prosecution under section 14 -156 or section 14 -157 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 animals for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 14 -156 or section 14 -157 that the person is a animal
trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.
Section 3: Any person who fails to comply with any provision of this ordinance hereof shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of City Co ncil of the City of
Baytown, this the 12'h day of January, 2012.
RLOS, Mayor
,ETI .1t, SCI- Clerk
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A 11 P R 0 V E D A S TO FO R M:
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