0840 ORDINANCE NO.
AN ORDINANCE OF THE CITY
OFFICI/tL RECORD
84O
COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO. 530A;
PROVIDING DEFINITIONS; PROVIDING FOR THE REGULATION OF
DANGEROUS DOGS AND OTHER DANGEROUS ANIMALS;
AMENDING THE ADMINISTRATIVE PROCEDURES RELATING TO
REGULATION OF DANGEROUS DOGS AND DANGEROUS ANIMALS;
PROVIDING FOR PROCEDURES AND POLICIES TO FACILITATE
THIS ORDINANCE; PROVIDING PENALTIES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article X], Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake desires to establish
regulations for the guidance of those persons responsible for the health, safety and
general welfare of the citizens, as well as to provide reasonable laws for the protection
of citizens of Southlake and to provide for the destruction or removal from the City
animals determined to be dangerous; and
WHEREAS, the City Council desires to amend the regulations relative to
dangerous animals and to provide for more restrictive procedures regarding dangerous
dogs than those contained in Chapter 822 of the Texas Health and Safety Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
SOUTHLAKE, TEXAS:
SECTION 1. That Sec. 4-31. Definitions., of Chapter 4 of the Southlake Code of
Ordinances is hereby amended by the addition of the following definitions:
Sec. 4-31. Definitions.
Animai'~ontrol authority means the Chief of Police Services or his designated
representative.
Bodily injury means an injury other than a serious bodily injury.
W\Southlake\Ordinances\Dangerous Animal ~ 1.20.02.doc Page
Dangerous dog means a dog that meets the definition contained in Sec.
822.041, Texas Health and Safety Code.
Municipal Judge means the municipal judge, or alternate judge of the City.
Secure enclosure has the meaning set forth in Sec. 822.041, Texas Health and
Safety Code.
Serious bodily injury means an injury characterized by severe bite wounds or
severe ripping and tearing of muscle that would cause a reasonably prudent person to
seek treatment from a medical professional and would require hospitalization without
regard to whether the person actually sought medical treatment.
SECTION 2. That Article Ill of Chapter 4 of the Southlake Code of Ordinances is
hereby amended to read as follows:
ARTICLE Ill. DANGEROUS DOGS AND ANIMALS
Sec. 4-131. Applicability,
(a) The administrative procedures of this article shall apply to:
(1) an animal that:
(i) without intentional provocation, bites or attacks a person or
another animal 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
(ii) 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 the person or
his animal; and
(2) a dog that:
(i) commits an unprovoked attack on a person or an animal 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
(ii) 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 another animal.
W\Southlake\Ordinances\Dangerous Animal 11.20 02.doc Page 2
(b) The provisions of this article do not apply to a dog that causes death or
serious bodily injury to a person by attacking, biting, or mauling the person. Such action
is subject and governed by the provisions of Subchapter A of Chapter 822 of the Texas
Health and Safety Code.
Sec. 4-132. Complaint.
(a) The following persons may file a written complaint with the Director of
Public Safety:
(2)
injury to a person or animal; or
A person who has been bitten or attacked by a dog or an animal;
A person who believes that an animal will attack and cause bodily
(3) A person who owns an animal which has been bitten or attacked by
an animal or a dog who has committed unprovoked acts in a place other than an
enclosure in which the animal is kept; or
(4) A peace officer.
(b) The complaint shall be filed with the Director of Public Safety within 48
hours of the time the person or animal was attacked or bitten.
(c) The person making the complaint shall sign the complaint before a notary.
If the person required to sign the complaint is a minor or is incapacitated, the person's
parent, guardian or legal representative shall sign the complaint.
Sec. 4-133. Complaint procedures.
(a) The complaint shall be on a form provided by the City and shall contain
the following information:
(1) The name, address and telephone number of the person attacked
or bitten or the owner of the animal attacked or bitten, as the case may be;
(2) The facts and circumstances of the incident, including the date,
time and location, a description of the animal complained of, and if known, the name,
address and telephone number of the owner of the animal complained of and of any
witness to the attack; and
(3) If applicable, the complaint shall be accompanied by a written
statement from a physician or veterinarian, as the case may be, showing that the
person or animal attacked or bitten was examined or treated within 48 hours of the
incident and stating the nature and extent of any injuries suffered. If the animal
attacked or bitten dies from the attack and a public safety officer observes the
W\Southlake~Ordinances\Dangerous Animal.11.20 02.doc Page 3
deceased, the officer's written statement of his observations shall substitute for the
physician or veterinarian's statement.
(b) The Director shall refer the complaint to the Clerk of the Municipal Court.
The Court Clerk shall set a time for the Municipal Judge to conduct a hearing to
determine whether the dog or animal without provocation attacked or bit the person or
animal or has committed unprovoked acts which cause a person to reasonably believe
that the dog or animal will attack and cause bodily injury to that person or his animal.
(c) The Clerk shall give written notice of the time and place of the hearing, not
less than five days prior to the hearing date, by personal service or certified mail, to the
owner of the dog or if known, the animal and the person who made the complaint.
Sec. 4-134. Impoundment.
(a) If a dog or other animal has been ~mpounded at the time of an incident
and is still in custody when a complaint is filed, the animal shall remain in custody until
the completion of the hearing. A dog or other animal will be impounded at the time of
an incident if there has been a bite or scratch which has broken the skin of a person or
other animal, and the owner of the animal or dog cannot be located, or the owner
cannot provide proof of rabies vaccination, or the owner cannot or will not secure the
animal or dog to prevent release and prohibit contact with other animals until conclusion
of the hearing and quarantine period.
(b) If the animal was not impounded at the time of the incident, and the
Municipal Judge deems it advisable, the Municipal Judge may order the impoundment
until conclusion of the hearing. Upon receipt of notice of the hearing and impoundment
order, the owner of a dog or animal shall deliver the dog or animal to the animal control
authority. The authority may provide for the impoundment of the dog or animal in
secure and humane conditions until the court orders disposition of the dog or animal.
(c) If the owner fails to deliver the dog or animal as required by Subsection
(a), the court shall order the animal control authority to seize the dog or animal and shall
issue a warrant authorizing the seizure. The authority shall seize the dog and shall
provide for the impoundment of the dog in secure and humane conditions until the court
orders disposition of the dog or animal.
(d)
or dog.
The owner shall pay any costs incurred in seizing and housing the animal
9ec. 4-135. Hearing.
(a) The Municipal Judge shall hold the hearing not later than the 10th day
after the receipt of the complaint.
(b) At the hearing, alt interested persons may present testimony. All persons
wishing or called to give testimony shall be sworn and the Municipal Judge may
question the complainant, and the owner of the dog or animal complained of. The
W\Southlake\Ordinances\Dangerous Animal.11,20.02.doc Page 4
Municipal Judge may receive, elicit and consider all evidence the Judge considers
relevant on the issue of whether the dog or animal complained of would be a danger to
the community if not destroyed, including but not limited to the following:
(1) The seriousness of the attack or biting, or unprovoked acts and the
attendant medical treatment, if any;
(2) Any prior incidents of attacks, unprovoked acts or biting by the dog
or animal complained of, so as to indicate the potential danger the dog or animal may
pose to the community if not destroyed; and
(3) Whether the attack, acts or biting was the result of some
provocation or circumstance that is or is not likely to reoccur in the future.
Sec. 4-136. Order.
(a) If the Municipal Judge finds that the dog or animal complained of attacked
or bit a person or another animal, the Municipal Judge may find and order:
(1) that the dog or animal would be a danger to the community if not
destroyed or removed from the City and therefore shall be destroyed or removed from
the City;
(2) that the dog or animal would not, under specified conditions
imposed for the safekeeping of the animal, clearly constitute such a continuing danger
to the community as to warrant its destruction or removal from the City; or
(3) that the dog or animal would not, because of the circumstances of
the biting, attack or unprovoked acts, constitute a continuing danger to the community
and therefore should be returned to its owner.
(b) If the Municipal Judge makes the findings in subsection (a)(2), the Judge
may order the dog or animal returned to the owner if the owner agrees to abide by the
conditions of the order for the safekeeping of the dog or animal. These conditions shall
include, at a minimum, the following requirements:
(1) that the owner restrain the animal at all times on a leash in the
immediate control of a person or in a secure enclosure;
(2) that the owner maintain liability insurance coverage or show
financial responsibility in an amount of at least $100,000 to cover damages resulting
from an attack by the dog or animal causing bodily injury to a person;
(3) that the owner shall notify the City of any attacks the dog or animal
makes; and
(4) that the owner pay any costs or fee assessed by the City related to
the seizure, acceptance, or impoundment of the dog or animal.
W\Southlake\Ordinances\Dangerous Animal.11,20.02.doc Page 5
(c) The owner must file his agreement to abide by the conditions in writing
and within two business days of the issuance of the order. Should the owner fail to
agree to the conditions imposed, then the Judge shall order that the dog or animal be
destroyed or removed from the City.
(d) If the Municipal Judge finds that the dog or animal complained of did not
attack or bite a person or another animal, or commit unprovoked acts, then the Judge
shall order the dog or animal returned to the owner.
Sec. 4-137. Notice of order of destruction or removal.
(a) If after a hearing, the Municipal Judge orders that a dog or animal be
humanely destroyed or removed from the City, the Judge shall cause a copy of the
order to be delivered to the owner of the dog or animal, if known, by personal service or
by leaving a copy at the last known address of the owner, within two business days of
the issuance of the order.
(b) An order that the dog or animal be destroyed shall state that the animal or
dog will be destroyed no sooner than 48 hours from the time the order is served or
delivered.
(c) An order that the dog or animal be removed from the City shall state that
the owner shall remove the animal within 48 hours from the time the order is served or
delivered.
Sec. 4-138. Violation of order.
(a) If, after the court orders the release of a dog or animal upon specified
conditions for the safekeeping of the animal, as provided in Sec. 4-136(b), the Municipal
Judge has reason to believe that a violation of one or more of the conditions imposed
has occurred, the Municipal Judge shall issue a warrant authorizing the animal control
officer to seize the dog or animal.
(b) The court shall order the animal control officer to humanely destroy the
dangerous dog or animal if the owner has not complied with Sec. 4-136(b) before the
tenth day after the date on which the dangerous dog or animal is seized or delivered to
the animal control officer. The Municipal Judge shall order the authority to return the
dangerous dog or animal to the owner if the owner complies with Sec. 4-136(b) before
the tenth day after the date on which the animal is seized,
Sec. 4-139. Surrender for destruction.
If the dog or animal is not impounded at the animal control center and is ordered
destroyed in accordance with the procedures herein, an officer or employee of the City
shall present a true copy of the order to any person in authority at the business where
the dog or animal is impounded, who shall immediately surrender the animal to the
W\Southlake\Ordinances\Dangerous Animal,11.20 02.doc Page 6
officer or employee, without the payment of any fees or charges owed for the care or
keeping of the animal.
Sec. 4-140. Offense.
A person commits an offense if the person keeps, harbors or has custody of an
animal after the Municipal Judge has ordered, as provided in Section 4-136, that the
animal be removed from the City.
SECTION 3. This ordinance shall be cumulative of all provisions of ordinances
of the City of Southlake, 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. 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 any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of 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 any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5. Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of Section 4-140 of
this ordinance shall be fined not more than $2,000 for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 6. The City Secretary of the City of Southlake is hereby directed to
publish the proposed ordinance or its caption and penalty together with a notice setting
out the time and place for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides for the imposition of any
W\Southlake\Ordinances\Dangerous Animal. Il 20,02.doc Page 7
penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary
shall additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 7. This Ordinance shall be in full force and effect from and after the
date of its publication and passage by the City Council as provided by law.
PASSED AND APPROVED ON FIRST READING ON THIS ~,~r'~ DAY OF
,2002.
PASSED AND APPROVED ON SECOND READING ON THIS I?~h
,2002.
~ ~Y. ....... .~. ,~,,;
ATTEST:
CITY SECRETARY
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORN EY'~'
DATE
DAY OF
ADOPTED:
EFFECTIVE:
W\Southlake\Ordinances\Dangerods AnimaL11.20.02.doc Page 8
. INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 222307981
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 12/20/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22230798
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Publication Date: 12/20/02
Description Location Col Depth Linage MU Rate Amount
CIT SOJIT caYK o TEAS !TEXAS ORDIN 13580 I 56 56 LINE $6.63 $371.28
DINAE NO.
840
Sale•'"CC"Ky— "aor'�I of the ($325.92)
sty of Southgllake,
dianancea No. 530A;
providing definitions;
providing for the
regulation of dan Br-
ous dogs and.other Net Amount: $45.36
dangerous animals;
amending the admin-
istrative procedures
relating to regulation
of dangerous dogs
and dangerous ani-
mals; providing for
procedures and poli-
cies to facilitate this
ordinance; providing
penalties; providing a n
severability clause; C S (� U
lEt
providing for publics- U
lion; providing a
savings clause; and D
providing an effective
date.
Section 5.
Any person, firm, or J
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comply with or who Y
• resists the enforce- N SECRETAR
T ment of Section 4-140 E OF C1
of this ordinance shall OFFICE CO be fined not more than
$2,000 for each of-
ffense. Each day that
a violation is permitted
Bei to exist t s hallra en oi- in and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
tutfor PASSED AND AP-ished by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say
tha 17th DAY
YTHOFF THE,fan advertisement was published in the above named paper on the listed dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM
(8 CEMBER, 2002,
DURING THE REG-
CILAMEETINGCOUN-
MAYOR: Rick Stacy Signed VOWL...4...AJD
ATTEST: Lori Farwell,
• City Secretary
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Sunday, December 29, 2c102.
Notary Public �k D Yl
,�;,4P.6 VICKI L.WASON
i,i MY COMMISSION EXPIRES
Thank You For Your Payment �,''•,;gre = AUGUST 28,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 222307981
Invoice Amount: $45.36
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 221842281
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 12/6/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22184228
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 12/6/02
Description Location Col Depth Linage MU Rate Amount
NOTICI NOTIC EARIN16.113LIC ING Notic 13580 I 7() 70 LINE S6.6 3 $464.10
Notice is hereby given
by the City Council of
the City of Southlake,
Sales Di Texas, that a public ($407.40)
hearing will be held
on December 17,
2002, at 6:00 p.m. or
immediately following
the Work Session,
during the Regular
• City Council Meeting
to be held in the City Net Amount: $56.70
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.
Purpose of the public
hearing is to consider
the second reading of
the following ordi-
nance:
ORDINANCE NO.
840
An ordinance of the
City Council of the
City of Southlake,
Texas, amending Or-
dinance No. 530A;
providing definitions;
providing for the
regulation of danger-..
ous dogs and other
dangerous animals;
amending the admin-
istrative procedures
• relating to regulation
THE Sl of dangerous dogs
and dangerous ani-
County mals, providing for
procedures and poli-
cies to facilitate this
ordinance; providing
d dn
Before l providing and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
severability clause; d by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say
for the pproviding for publics- g
lion pcla ding a I advertisement was published in the above named paper nq he listed dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM
that th savings clause; and
providing an effective
(817) date.
Section 5.
Any person, firm, or
corporation who vio- Signed
lates,disobeys,omits,
neglects or refuses to
comply with or who
SUBS( resists the enforce-f0 BEFORE ME, THIS Monday, De em er 9, 2002.
ment of Section
of this ordinance shall
be fined not more than
$2,000 for each of- Notary Publi
fense. Each day that
a violation is permitted
to exist shall consti-
tute a separate of-
tense.
City of Southlake 17"
CHRISTY L.HOLLAND
Lori Farwell
Thank 9.ity,j.ecretary Payment • .: MY COMMISSION EXPIRES
d 1
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 221842281
Invoice Amount: $56.70
PO Number:
Amount Enclosed: $