ARTICLE 2.1400  RESTRICTIONS ON DANGEROUS DOGS*

Sec. 2.1401     General

It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog within the city, unless such dog is properly registered with the city, the registration fees paid, and said dangerous dog maintained within the city accordance with the requirements of this article.  (1977 Code of Ordinances, Chapter 3, Article 6, Section 1)

Sec. 2.1402     Definitions

Dangerous Dog. Means a 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 dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure;

(2)     Commits unprovoked acts in places 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)     Makes an unprovoked attack on any other animal or fowl and occurs in a place other than an enclosure in which the dog was being kept.

(Ordinance 1032 adopted 9/25/00)

Dog. Means a domesticated animal that is a member of the canine family.

Owner. Means a person who owns or has custody or control of the dog.

Secure Enclosure. Means a fenced area or structure that is:

(1)     Locked;

(2)     Capable of preventing the entry of the general public, including children;

(3)     Capable of preventing the escape or release of a dog;

(4)     Clearly marked as containing a dangerous dog; and

(5)     In conformance with the requirements for enclosures established in Section 2.1406 of this article.

(1977 Code of Ordinances, Chapter 3, Article 6, Section 2)

Sec. 2.1403     Standards and Requirements

It shall be unlawful for any person to own, keep, harbor, or in any way possess a dangerous dog within the city without complying with the following standards and requirements.  (1977 Code of Ordinances, Chapter 3, Article 6, Section 3A)

Sec. 2.1404     Registration

(a)     Not later than the tenth (10) day after a person learns that he/she is the owner of a dangerous dog, the person shall register the dangerous dog with the City of Watauga Department of Public Safety. The City of Watauga Department of Public Safety shall annually register a dangerous dog if the owner:

(1)     Presents Proof of:

(A)     Liability insurance or financial responsibility, as required by Section 2.1409 of this article;

(B)     Current rabies vaccination of the dangerous dog;

(C)     The availability of the secure enclosure in which the dangerous dog will be kept; and

(2)     Pays the initial registration and permit fees provided for in the fee schedule found in the appendix of this code per dangerous dog. For every year thereafter, an owner of a registered dangerous dog must also pay a fee as provided for in the fee schedule found in the appendix of this code to the city for the city to verify and insure compliance with the standards and requirements of this article. This amount is payable on the anniversary date of the initial registration of the dangerous dog(s); and

(3)     Complies with on-site inspections by the animal control officer of the City of Watauga Department of Public Safety which shall be conducted every one hundred and eighty (180) days to insure compliance with the standards and requirements of this article and shall include a canvass of the residences within two hundred fifty feet (250') of the subject property in order to determine the occurrence of any incidents or attacks relating to the dangerous dog.

(b)     The City of Watauga Department of Public Safety shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar which shall remain on the animal at all times.

(c)     (1)     If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth (14th) day after the date of the sale or move, shall notify the City of Watauga Department of Public Safety of the new address. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee as provided for in the appendix of this code, the City of Watauga Department of Public Safety shall issue a new registration tag to be placed on the dangerous dog's collar.

(2)     If an owner of a dangerous dog sells, or otherwise gives up possession of the dog, then both the previous owner and the new owner must each present a letter signed by both parties acknowledging that the City of Watauga Department of Public Safety has identified the dog in question as a dangerous dog and notify the City of Watauga Department of Public Safety of the new address of the dangerous dog. The letter must be delivered to the animal control division of the City of Watauga Department of Public Safety not later than ten (10) days after the sale or transfer.

(3)     For purposes of this article a person learns that the person is the owner of a dangerous dog when:

(A)     the owner knows of an attack described in Section 2.1402 of this article;

(B)     the owner is informed by the City of Watauga Department of Public Safety.

(d)     If a person reports an incident described by Section 2.1402 of this article, the Watauga Department of Public Safety Animal Control Officer shall investigate the incident. If, after receiving the sworn statements of any witnesses, the City of Watauga Department of Public Safety determines the dog is a dangerous dog, it shall notify the owner of that fact by certified mail, return receipt requested, or hand delivered by a member of the City of Watauga Department of Public Safety. The notice is deemed received ten (10) days after it is placed in a United States Postal Service receptacle.

(e)     An owner, not later than the tenth (10th) day after the date the owner is notified that the dog is a dangerous dog, may appeal the determination of the animal control authority to the municipal court for the City of Watauga. An owner may appeal the decision of the municipal court in the same manner as appeals for other civil cases.

(Ordinance 1032 adopted 9/25/00)

(f)     (1)     If the court determines that the dog is a dangerous dog, the court shall order the animal control officer to continue to impound the dangerous dog in secure and humane conditions until such time as the court orders disposition of the dog and the dog is returned to the owner; the court orders disposition of the dog and the dog is thereby humanely destroyed; or the dog is deceased.

(2)     The court shall order the animal control officer to humanely destroy the dog if the court determines after notice and hearing that the owner has not complied with the requirements of this article. The court shall order the animal control officer to return the dog to the owner if the court determines the owner has fully complied with this article either after a hearing or without a hearing based on the recommendation of the animal control officer that the owner has complied with the requirements of this article.

Sec. 2.1405     Leash, Muzzle, Microchip, and Spay or Neutering Requirements for Dangerous Dogs

(a)     No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no more than six (6) feet in length and with a minimum tensile strength of one thousand (1,000) pounds. No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects, including but not limited to trees, posts, fences, traffic-control devices, or buildings.

(b)     The dangerous dog shall be secured 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.

(c)     The owner of a dangerous dog shall cause the dangerous dog to be spayed or neutered not later than fifteen (15) days after the person learns that he/she is the owner of a dangerous dog. The owner of the dangerous dog shall certify in writing to the city animal control officer that such spaying or neutering has been accomplished not later than ten (10) days after the spaying or neutering procedure.

(d)     It shall be the duty of the owner of a dangerous dog to present the animal to the city animal control officer immediately after the owner learns that he/she is the owner of a dangerous dog, if the dog is not already in the custody of the animal control officer. The animal control officer shall implant a microchip identification device on the dangerous dog. The dog’s microchip shall be registered with a national registry. The cost of the service shall be at the owner’s expense.

(Ordinance 1344 adopted 11/19/07)

Sec. 2.1406     Confinement

All registered dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided herein. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered dangerous dogs must be locked with a key or a combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet (2'). The enclosure shall be posted with signs on all sides in four-inch letters stating "Beware of Dangerous Dog" and shall include a symbol indicating the presence of a dangerous dog which is readily understandable by young children. All structures that are erected to house dangerous dogs must comply with all zoning and building regulations of the city following personal inspection by the director of public works and parks or his designee. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.  (Ordinance 1063 adopted 4/23/01)

Sec. 2.1407     Confinement Indoors

No dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.  (1977 Code of Ordinances, Chapter 3, Article 6, Section 3D)

Sec. 2.1408     Signs

All owners of dangerous dogs within the city shall display in a prominent place (visible from the street area in front of the residence or property) on their premises a warning sign bearing letters not less than four (4") inches in height stating "Beware of Dangerous Dog" and shall include a symbol indicating the presence of a dangerous dog which is readily understandable by young children. In addition, a similar sign shall be posted on the kennel or pen where the dangerous dog is kept.  (Ordinance 1063 adopted 4/23/01)

Sec. 2.1409     Insurance

All owners of dangerous dogs shall provide proof to the city of liability insurance in a single-incident amount of one hundred thousand dollars ($100,000.00) for bodily injury or death of any person or persons, or for damage to property owned by any person which may result from the ownership of such animal.  (1977 Code of Ordinances, Chapter 3, Article 6, Section 3F)

Sec. 2.1410     Identification Photograph

All owners of registered dangerous dogs shall provide to the city two (2) color photographs of the animal in two (2) different poses showing the color and approximate size of the animal.  (1977 Code of Ordinances, Chapter 3, Article 6, Section 3G)

Sec. 2.1411     Reporting Requirements

All owners of registered dangerous dogs shall, within ten (10) days of an incident, report the following information in writing to the city:

(1)     Removal from the city or death of said dog;

(2)     Birth of offspring;

(3)     New address if owner moves within the city; or

(4)     Any act of vicious behavior by the dangerous dog.

(1977 Code of Ordinances, Chapter 3, Article 6, Section 3H)

Sec. 2.1412     Violations and Penalties–Attack by Dangerous Dog

(a)     A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person, animal or fowl outside the dog’s enclosure and causes bodily injury to the other person.

(b)     A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person, animal or fowl outside the dog’s enclosure and causes bodily injury to the other person, animal or fowl.

(Ordinance 1032 adopted 9/25/00)

(c)     An offense under this article is a class C misdemeanor unless the attack causes serious bodily injury, in which [case] the offense is a third degree felony, or if the attack causes death, in which [case] the offense is a second degree felony, consistent with Health and Safety Code Section 822.005, as now or hereafter amended.

(d) If a person is found guilty of an offense under this article, the court may order the dangerous dog destroyed by a person authorized under Section 822.004 of the Texas Health and Safety Code, as now or hereafter amended.

(Ordinance 1344 adopted 11/19/07)

Sec. 2.1413     Same–Failure to Register

(a)     A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with Section 2.1403 of this article.

(b)     An offense under 2.1403 of this article, unless otherwise provided, is a class C misdemeanor.

(1977 Code of Ordinances, Chapter 3, Article 6, Section 4B)

Sec. 2.1414     Same - Defense

(a)     It is a defense to prosecution under Section 2.1412 of this article 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 2.1412 of this article 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 2.1412 of this article that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Art. 4413(29bb)), Vernon's Texas Civil Statutes.

(1977 Code of Ordinances, Chapter 3, Article 6, Section 5)