Ordinance No. 14,916 ORDINANCE NO. 14,916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AMENDING CHAPTER 14"ANIMALS,"ARTICLE I "IN GENERAL,"
SECTION 14-1 "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 14 "ANIMALS," ARTICLE V
"DANGEROUS DOGS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY RENAMING SUCH ARTICLE AS ARTICLE V "DOGS" AND
ESTABLISHING REGULATIONS THAT DISTINGUISH BETWEEN
NUISANCE DOGS AND DANGEROUS DOGS AND REFINING THE
PROCESSES ASSOCIATED WITH EACH; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO1100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Chapter 14 "Animals," Article I "In General," Section 14-1
"Definitions," of the Code of Ordinances, Baytown, Texas, is hereby amended by repealing the
definition of"public nuisance" and amending the definitions of"animal" and "dangerous dog" and
adding the definitions of "nuisance dog" "previously declared dangerous dog," and "severely
wounded," which definitions shall read as follows:
CHAPTER 14. ANIMALS
ARTICLE I. IN GENERAL
Sec. 14-1.- Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any warm-blooded animal. For purposes of article V, the term "animal"
excludes a wild animal.
Dangerous dog means any dog that:
(1) makes an unprovoked attack on a person that causes bodily injury 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; or
(2) 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; or
(3) has attacked and killed or severely wounded another animal without provocation
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.
Nuisance dog is any dog that has:
(1) molested a passerby;
(2) run at large four(4) times within a twelve-month period;
(3) damaged public property; or
(4) attacked and wounded, but does not kill or severely wound, another animal without
provocation 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.
Previously declared dangerous dog means a dog that has been determined to be a
dangerous dog by a court, whose owner is required to comply with sections 14-154 and 14-155.
Sevef•ely woicnded means an injury characterized by severe bite wounds or severe ripping
and tearing of muscle that would cause a reasonably prudent person to seek medical treatment
from a veterinarian for an animal without regard to whether the person actually sought medical
treatment.
Section 2: That Chapter 14 "Animals," Article I "In General," Section 14-10 "Public
nuisances," Subsection(b) and Article V "Dangerous Dogs" of the Code of Ordinances, Baytown,
Texas, are repealed in its entirety.
Section 3: That Chapter 14 "Animals" of the Code of Ordinances, Baytown, Texas, is
hereby amended by adding Article V "Dogs," which article shall read as follows:
CHAPTER 14. ANIMALS
ARTICLE V. DOGS
DIVISION 1. DANGEROUS DOGS
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Sec. 14-150. Complaints.
(a) Any person over the age of eighteen(1 S)years may file a complaint with the animal control
authority alleging:
(1) a dog is a dangerous dog as defined in section 14-1, or
(2) a previously declared dangerous dog has committed an unprovoked attack on a
person or animal outside a secure enclosure.
(b) To be considered valid, a sworn, written complaint shall contain at least the following
information:
(1) name, address and telephone number of complainant(s) and other witnesses;
(2) a description of the animal and the address where it resides,and,if known,the name
and telephone number of the owner of the animal;
(3) a statement describing the facts upon which the complaint is based, including:
a. a description of the incident or incidents which cause the complainant to
believe that:
1. the animal is a dangerous dog, or
2. the previously declared dangerous dog has committed an
unprovoked attack of another person or animal outside a secure
enclosure;
b. the date, time and location of the incident;
C. a description of the injuries sustained and whether medical assistance was
sought and the outcome of that treatment; and
(4) any other facts that the complainant believes to be important.
Sec. 14-151. Dangerous dog investigation.
(a) The animal control authority shall conduct an investigation upon:
(1) receipt of either:
a. a complaint pursuant to section 14-150, or
b. notice from the owner of a dangerous dog pursuant to section 14-155(d); or
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(2) becoming aware of:
a. an incident which may render a dog dangerous;
b. an incident in which a previously declared dangerous dog has attacked
another person or animal outside a secure enclosure; or
C. a failure by the owner of a previously declared dangerous dog to comply
with section 14-155.
(b) If, after an investigation, the animal control authority believes:
(1) the dog is a dangerous dog,
(2) the previously declared dangerous dog has attacked another person or animal
outside a secure enclosure, or
(3) the owner of the previously declared dangerous dog has failed to comply with
section 14-155,
the animal control authority shall provide notice to the owner of that fact and report the
incident to the municipal court.
(c) In making a determination under subsection (b)(1) or (b)(2) of this section, the animal
control authority shall find that(i) a dog is not a dangerous dog or(ii)a previously declared
dangerous dog did not commit an unprovoked attack if:
(1) the threat, injury, or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the owner
of the dog;
(2) the person was teasing, tormenting, abusing, or assaulting the dog or has, in the
past, been observed or reported to have teased, tormented, abused, or assaulted the
dog;
(3) the person was committing or attempting to commit a crime;
(4) the dog attacked or killed was at the time teasing, tormenting, abusing or attacking
the dog subject to the investigation;
(5) the dog was protecting or defending a person within the immediate vicinity of the
dog from an unjustified attack or assault; or
(6) the dog was injured and responding to pain.
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See. 14-152. Impoundment pending hearing.
(a) Within twenty-four (24) hours of being notified by the animal control authority that an
incident has been reported to municipal court, the owner of the dog shall deliver the dog to
the animal control authority. The animal control authority shall provide for the
impoundment of the dog in secure and humane conditions until the court orders the
disposition of the dog.
(b) If the owner fails to deliver the dog as required by subsection (a) of this section, the court
shall order the animal control authority to seize the dog and shall issue a warrant
authorizing the seizure. The animal control authority shall seize the dog or order its seizure
and shall provide for the impoundment of the dog in secure and humane conditions until
the court orders the disposition of the dog.
(c) If the animal that is the subject of the hearing was already impounded for being an animal
at large, was seized or quarantined pursuant to this chapter, or was abandoned at the animal
services facility, the animal shall remain impounded until the conclusion of the hearing.
(d) The owner shall pay any costs incurred in seizing, impounding and boarding the dog.
See. 14-153. Hearing.
(a) The court, on receiving a report pursuant to section 14-151(b), the municipal court shall
set a time for a hearing to detennine whether:
(1) the dog is a dangerous dog, or
(2) the previously declared dangerous dog:
a. committed an unprovoked attack on a person or animal outside a secure
enclosure, or
b. is in compliance with sections 14-154 and 14-155.
The hearing must be held not later than the tenth day after(i) the date on which the dog is
seized or delivered pursuant to section 14-152 or (ii) after the notice required in Section
14-151(b) is received, whichever is later.
(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.
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(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,
(1) whether the dog is a dangerous dog or
(2) if previously declared a dangerous dog:
a. committed an unprovoked attack on a person or animal outside a secure
enclosure, or
b. is in compliance with sections 14-154 and 14-155.
(e) The court shall order the animal control authority to continue to impound the dog in secure
and humane conditions until the court orders disposition of the dog and the dog is returned
to the owner or destroyed.
(f) The court shall determine the estimated costs to house and care for the impounded dog
during the appeal process and shall set the amount of bond for an appeal adequate to cover
those estimated costs.
(g) If the court determines that a dog is a dangerous dog, the municipal court shall:
(1) order the owner:
a. to comply with section 14-154 within ten (10) calendar days of the court's
order; and
b. if the owner has failed to comply with section 14-154 within ten (10)
calendar days, to appear in municipal court at the date and time specified in
the municipal court order for a hearing to show good cause as to why the
owner failed to comply with section 14-154 within ten (10) calendar days
of the court's order and why the dog should not be surrendered for
euthanasia to an animal control officer in accordance with subsection(g)(2)
of this section; or
(2) order the owner to surrender the dog for euthanasia to an animal control officer or
a veterinarian, as approved by the animal control officer, within twenty-four (24)
hours of the owner learning that the dog is dangerous or upon quarantine clearance,
whichever is later.
(h) An owner or person filing the action may appeal the decision of the municipal court in the
manner provided for the appeal in compliance with state law.
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(i) An order of the municipal court requiring the dangerous dog to be euthanized shall be
stayed for ten (10) calendar days from the date of the order and throughout the pendency
of any appeal.
(j) The owner shall pay all costs and fees assessed by the city related to the seizure,acceptance,
impoundment or destruction of the dog.
See. 14-154. Requirements for owner of dangerous dog.
(a) Prior to redeeming from the animal control authority a dog determined to be dangerous by
the municipal court, the owner of the dangerous dog must:
(1) register the dangerous dog with the animal control authority in accordance with
section 14-155;
(2) obtain liability insurance coverage or show financial responsibility in an amount of
at least $3001000.00 to cover damages resulting from an attack by the dangerous
dog 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;
(3) furnish proof of microchipping of the dangerous dog to the city at the animal shelter
on a form furnished by the city, provide the alphanumeric combination code
contained in the microchip to the animal control authority, and make available the
dog at the animal shelter for scanning so the city can verify the code;
(4) pay any cost or fee assessed by the city or the court related to the seizure,
acceptance, or impoundment of the dog; and
(5) comply with all applicable regulations, requirements, or restrictions on dangerous
dogs,including,but not limited to, any imposed by the municipal court or any other
court of competent jurisdiction.
(b) The owner of a dangerous dog must:
(1) restrain the dangerous dog at all tunes on a leash in the immediate control of a
person at least eighteen (18) years of age or in a secure enclosure; and
(2) secure the dangerous dog with a muzzle in a manner that will not cause injury to
the dog nor interfere with its vision or respiration but shall prevent it from biting
any person or animal when the dangerous dog is taken off the property of the owner
for any reason.
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Sec. 14-155. Annual registration.
(a) The owner of a dangerous dog, after a determination by the municipal court under 14-153,
shall within ten (10) calendar days of the court's dangerous dog order and each year on or
before the anniversary date of such order:
(1) present proof of
a. liability insurance or financial responsibility, as required by section 14-154;
b. current rabies vaccination of the dangerous dog; and
C. the secure enclosure in which the dangerous dog will be kept; and
(2) pay an annual registration fee of$50.00.
(b) After receipt of the infonnation and payment required in subsection (a) of this section, the
animal control authority shall provide to the owner registering a dangerous dog a
registration tag. The owner must place the tag on the dog's collar, which collar must be
worn by the dangerous dog at all times.
(c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the
owner, not later than the 14"'day after the date of the sale or move, shall notify the animal
control authority. On presentation by the current owner of the dangerous dog's prior
registration tag and payment of a fee of$25.00, the animal control authority shall issue a
new registration tag to be placed on the dangerous dog's collar.
(d) An owner of a registered dangerous dog shall notify the animal control authority of any
attacks the dangerous dog makes on a person or animal outside a secure enclosure within
twenty-four (24) hours of the incident and shall deliver the dog to the animal control
authority.
(e) An owner of a dangerous dog shall notify the animal control authority when the dangerous
dog dies.
(f) If, on application of any person, a court finds, after notice and hearing as provided by
section 14-153, that the owner of a dangerous dog has failed to comply with subsection (a)
or(b),the municipal court shall order the animal control authority to seize the dog and shall
issue a warrant authorizing the seizure. The animal control authority 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 shall pay all costs and fees assessed by the city related to the seizure,acceptance,
impoundment, or destruction of the dog.
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See. 14-156. Violations.
(a) A person commits an offense if the person is the owner of a dog detennined by the court
to be a dangerous dog and the dangerous dog makes an unprovoked attack on another
person or animal outside the dangerous dog's enclosure and causes bodily injury to the
other person or animal.
(b) It shall be a violation of this division for any person to refuse or fail to surrender a dog
subject to this division, or harbor, hide or secretly transport or secure the transport of a dog
subject to this division, for the purpose of preventing its impoundment.
(c) It is a violation of this division if an owner or other person harbors, keeps, or maintains a
dangerous dog in the city unless the owner complies with the requirements of this division.
(d) It is a violation of this division if an owner or other person harbors, keeps, maintains in the
city, or brings to the city, a dog that has been declared dangerous outside of the city under
one or more of the following:
(1) Texas Health and Safety Code ch. 822;
(2) a local law or ordinance adopted in accordance with Texas Health and Safety Code
ch. 822; or
(3) a statute or ordinance that is substantially similar to Texas Health and Safety Code
ch. 822 and that was adopted by a political subdivision outside of the state.
(e) Except as otherwise provided by law, an offense under this section is a Class C
misdemeanor.
(f) 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.
Sec. 14-157. Defenses.
(a) It is a defense to prosecution under section 14-156 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.
(b) It is a defense to prosecution under section 14-156 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 dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 14-156 that the person is a dog trainer or an
employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.
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DIVISION 2. NUISANCE DOGS
See. 14-161. Complaints.
(a) Any person over the age of eighteen(18)years may file a complaint with the animal control
authority alleging a dog is a nuisance dog as defined in section 14-1.
(b) To be considered valid, a sworn, written complaint shall contain at least the following
infonnation:
(1) name, address and telephone number of complainant(s) and other witnesses;
(2) a description of the animal and the address where it resides,and, if known,the name
and telephone number of the owner of the animal;
(3) a statement describing the facts upon which the complaint is based, including a
description of the incident or incidents which cause the complainant to believe that
the dog is a nuisance dog;
(4) any other facts that the complainant believes to be important.
See. 14-162. Nuisance dog investigation.
(a) The animal control authority shall conduct an investigation upon receipt of a complaint
pursuant to section 14-161 or becoming aware of an incident which may render a dog a
nuisance.
(b) If, after an investigation, the animal control authority believes the dog is a nuisance dog,
the animal control authority shall provide notice to the owner of that fact and report the
incident to the municipal court.
(c) In making a determination under subsection(b)of this section,the animal control authority
shall find that a dog is not a nuisance dog if:
(1) the threat, injury, or damage was sustained by a person who at the time was
committing a willful trespass or other tort upon the premises occupied by the owner
of the dog;
(2) the person was teasing, tormenting, abusing, or assaulting the dog or has, in the
past,been observed or reported to have teased, tormented, abused, or assaulted the
dog;
(3) the person was committing or attempting to commit a crime;
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(4) the dog attacked or killed was at the time teasing, tormenting, abusing or attacking
the alleged nuisance dog;
(5) the dog was protecting or defending a person within the immediate vicinity of the
dog from an unjustified attack or assault; or
(6) the dog was injured and responding to pain.
Sec. 14-163. Hearing.
(a) The court, on receiving a report pursuant to section 14-162(b), the municipal court shall
set a time for a hearing to determine whether the dog is a nuisance dog. The hearing must
be held not later than the tenth day after the notice required in Section 14-162(b) is
received, whichever is later.
(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) 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
dog is a nuisance dog.
(e) If the court determines that a dog is a nuisance dog, the municipal court shall:
(1) order the owner:
a. to comply with section 14-164 within ten (10) calendar days of the court's
order; and
b. if the owner has not complied with section 14-164 within such ten (10) day
period,
1. to deliver the dog to the animal control authority on the 11'h calendar
day of the court's order, after which the animal control authority
shall provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog;
2. to appear in municipal court at the date and time specified in the
municipal court order for a hearing to show good cause as to why
the owner failed to timely comply and why the dog should not be
pennanently surrendered to an animal control officer; and
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3. after a hearing specified in subsection (e)(1)b.2 of this section,
(i) to permanently surrender the dog to an animal control
officer; or
(ii) to provide additional time to comply with section 14-164; or
(2) order the owner to remove the dog from the city within twenty-four (24) hours of
the owner learning that the dog is a nuisance dog.
(f) If the owner fails to deliver the dog as required by subsection (e)(1) of this section, the
court shall order the animal control authority to seize the dog and shall issue a warrant
authorizing the seizure. The animal control authority shall seize the dog or order its seizure
and shall provide for the impoundment of the dog in secure and humane conditions until
the court orders the disposition of the dog.
(g) An owner or person filing the action may appeal the decision of the municipal court in the
manner provided for the appeal in compliance with state law.
(h) A nuisance dog pennanently surrendered to an animal control officer shall not be
euthanized until at least ten (10) calendar days have elapsed from the date of the municipal
court's surrender order and throughout the pendency of any appeal.
(i) The owner shall pay all costs and fees assessed by the city related to the seizure,acceptance,
impoundment or destruction of the dog.
Sec. 14-164. Requirements for owner of a nuisance dog.
The owner of the nuisance dog must:
(1) register the nuisance dog with the animal control authority in accordance with
section 14-165;
(2) restrain the nuisance dog at all times on a leash in the immediate control of a person
at least eighteen (18) years of age or in a secure enclosure;
(3) furnish proof of microchipping of the nuisance dog to the city at the animal shelter
on a form furnished by the city, provide the alphanumeric combination code
contained in the microchip to the animal control authority, and make available the
dog at the animal shelter for scanning so the city can verify the code; and
(4) comply with all applicable regulations, requirements, or restrictions on nuisance
dogs,including,but not limited to,any imposed by the municipal court or any other
court of competent jurisdiction.
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See. 14-165. Annual registration.
(a) The owner of a nuisance dog, after a determination by the municipal court under section
14-163, shall each year on or before the anniversary date of the municipal court nuisance
dog order:
(1) present proof of:
a. current rabies vaccination of the nuisance dog; and
b. the secure enclosure in which the nuisance dog will be kept; and
(2) pay an annual registration fee of$50.00.
(b) The animal control authority shall provide to the owner registering a nuisance dog a
registration tag. The owner must place the tag on the dog's collar, which collar must be
worn by the nuisance dog at all tunes.
(c) If an owner of a registered nuisance dog sells or moves the dog to a new address,the owner,
not later than the 14"' day after the date of the sale or move, shall notify the animal control
authority. On presentation by the current owner of the nuisance dog's prior registration tag
and payment of a fee of$25.00, the animal control authority shall issue a new registration
tag to be placed on the nuisance dog's collar.
(d) An owner of a registered nuisance dog shall notify the animal control authority of any
attacks the nuisance dog makes on a person or animal outside a secure enclosure within
twenty-four (24) hours of the incident and shall deliver the dog to the animal control
authority for proceedings under division I of this article.
(e) An owner of a registered nuisance dog shall notify the animal control authority when the
nuisance dog dies.
(f) If the animal control authority finds that the owner of a nuisance dog has failed to comply
with this section, the animal control authority may, if appropriate, proceed to have the dog
declared a dangerous dog pursuant to division 1 of this article.
See. 14-166. Violations.
(a) A person commits an offense if the owner's nuisance dog makes an unprovoked attack on
a person or another animal outside the nuisance dog's enclosure and causes bodily injury
to a person or another animal.
(b) It shall be a violation of this division for any person to refuse or fail to surrender a nuisance
dog subject to this division, or harbor, hide or secretly transport or secure the transport of
a dog subject to this division for the purpose of preventing its impoundment.
(c) It is a violation of this division if an owner or other person harbors, keeps, or maintains a
nuisance dog in the city unless the owner complies with the requirements of this division.
(d) An offense under this section is a Class C misdemeanor.
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See. 14-167. Defenses.
(a) It is a defense to prosecution under section 14-166 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.
(b) It is a defense to prosecution under section 14-166 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 dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 14-166 that the person is a dog trainer or an
employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.
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 provision, section, exception, subsection,paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the 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: Any person who fails to comply with any provision of this ordinance 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 7: 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 t mna vote of the City Council of the
City of Baytown, this the 281h day of October, I.
ON CAPETILLO, Mayor
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ATTEST:
0 J ,k,YT0!,%,V �
° N
ANGELA J CKSON, City Cler
°�J
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RAKaren Homer\Documents\Files\City Council\Ordinances\202 I\October 28\Dangerous&NuisanceDogs.docx
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