§ 3-8. Vicious animals.

(a)

Any vicious animal found running at large may be destroyed by any peace officer or animal control officer in the interest of public safety.

(b)

The animal control officer may order any owner or person having care, control or custody of any vicious animal to take such animal permanently from the city. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten (10) days to a committee made up of the chief of police or his representative, the city manager or his representative, and the city attorney or his representative. Such committee may uphold, reverse or modify the animal control officer's order, and may stipulate restrictions on the animal as a condition to allowing the animal to remain in the city. If the committee upholds the animal control's order, the owner or person having care, control or custody shall not bring the animal back inside the city limits.

(c)

If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in subsections (a) and (b) of this section, such animal may be impounded and/or destroyed.

(d)

The owner or person having care, custody and control of a vicious animal must report the disposition and relocation of such animal to the animal control officer in writing, within ten (10) days after the expiration date for removal of such animal from the city. Each day thereafter such information is not provided shall constitute a separate offense.

(e)

The animal control officer or a police officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the city for being vicious has not been so removed.

(Ord. No. 381, § 1, 11-8-07)

State law reference

Vicious dogs, V.T.C.A., Penal Code § 42.12.