O-85-2189 - 8/22/1985ORDINANCE NO. 2189
AN ORDINANCE AMENDING CHAPTER 2, SECTION 3.F., VICIOUS DOGS CODE OF ORDINANCES,
CITY OF ROUND ROCK, TEXAS, TO PROVIDE FOR PROCEDURE AND HEARING; PROVIDING
A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That Chapter 2, Section 3.F., Code of Ordinances, City of Round Rock,
Texas, is hereby amended and shall hereafter read as follows:
F. VICIOUS DOGS
(1) Vicious Dogs Prohibited:
No dog of fierce, dangerous, or vicious propensities, nor a female
dog in season shall be allowed upon any street, avenue, highway,
alley, sidewalk, parkway, park or other public place in the City,
whether or not said dog is under control by means of a leash,
chain or otherwise. A dog that has attacked or bitten a human
being or attacked another animal shall be considered fierce,
dangerous or of vicious propensities.
(2) Vicious Dog - Procedure and Hearing:
(a) The Animal Warden may receive a complaint concerning a
dog which has bitten a human being or attacked and killed
another animal. A complainant must file with the Animal
Warden a written sworn complaint which contains the following
information, as applicable:
(i) name, address, and telephone number of complainant
and any other witnesses to the incident;
(ii) date, time and location of the incident;
(iii) description of the dog;
(iv) name, address, and telephone number of the dog owner;
(v) a statement that the dog attacked and killed another
animal;
(vi) a statement that the dog attacked or bit a human being;
(vii) a statement that the dog has exhibited vicious propensities
in the past conduct; and
(viii) other facts or circumstances of the incident.
(b) After a sworn complaint is filed with the Animal Warden he
shall investigate the complaint and if there be sufficient
evidence he may request the Judge of the Municipal Court
to set a time and place for a hearing. The Clerk of the
Municipal Court shall give notice of the hearing to the
dog's owner by personal service or certified mail, return
receipt requested, at least ten (10) days prior to the hearing
date.
(c) The Judge shall hold such hearing and shall determine at
the hearing if the dog specified in the complaint should
be destroyed or ordered removed from the City limits for
the protection of the public health, safety and welfare
of the community. The Judge shall receive testimony at
the hearing concerning the incident under investigation.
To order the removal or destruction of the dog for the public
health, safety and welfare, the Judge must find all the
following facts to be true:
1. the dog attacked or bit a human being or attacked and
killed another animal;
2. the dog is the same dog which committed the acts in
(1) of this subsection;
3. destruction of or removal of the dog is necessary to
preserve the public health, safety, and welfare of the
community.
,
4,
If the Judge orders destruction or removal of the dog and
the owner is not present at the hearing, the clerk shall
notify the owner of the decision by personal service or
certified mail, return receipt requested. If the Judge
does not order destruction of or removal of the dog, the
Animal Warden shall, if the dog was impounded, return the
dog to the owner upon payment of any fees due.
(d) An owner of a dog may appeal a destruction or removal order
to a court of competent jurisdiction within five (5) days
of the decision. If the Judge receives written notice of
the intent to appeal within five (5) days of the decision,
he shall suspend the destruction or removal order pending
final determination of the court. If said appeal is perfected
by the filing of a petition in a court of competent jurisdic-
tion within ten (10) days of the order of destruction or
removal he shall suspend the destruction or removal pending
the outcome of the appeal.
(e) Except as provided in (d) it shall be unlawful for any person
to cause or permit the maintenance of any vicious dog.
(3) DESTRUCTION OF VICIOUS DOGS
Any vicious dog or dog having vicious propensities or tendencies
found at large after the owner thereof has previous knowledge
of notice that such dog is vicious or has vicious propensities
and tendencies, may be killed by any police officer of the City
without such officers having to catch or impound such dog and
without liability in damages to the owner of such dog.
IL
A. All ordinances,, parts of ordinances, or resolutions in conflict herewith
are expressly repealed.
B. The invalidity of any section or provision of this ordinance shall
not invalidate other sections or provisions thereof.
READ and APPROVED on first reading this ,T
, day of
19 /5 .
READ, APPROVED and ADOPTED on second reading this __day of
, 19 /J .
ATTEST:
MIKE ROBIN ON, Mayor
City of Round Rock, Texas
NE LAND, City Secretary