§ 3-19. Dangerous animal complaints.

(a)

Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with a police officer or an animal control officer of the city as follows:

(1)

Name, address and telephone number of complainant and any witnesses;

(2)

Date, time and location of any incident involving the animal;

(3)

Description of the animal;

(4)

Name address and telephone number of the animal's owner if known;

(5)

A statement describing in detail the facts upon which such complaint is based; and

(6)

A statement describing in detail any incidents where the animal has exhibited dangerous propensities in the past if known.

(b)

After a sworn complaint is filed, if the complaint alleges an unprovoked attack on a human or against another animal it shall be referred for disposition to the clerk of the municipal court who shall set a time and place for a hearing not to exceed 20 days from the time the complaint is received. The clerk of the municipal court and/or the animal control officer shall give notice of the hearing to the animal's owner at least ten days prior to the hearing date. After the owner of the animal is notified, the owner shall keep such animal at the animal shelter or at a veterinarian's clinic whose facility is located within the city limits of Terrell until the municipal court hold such hearing. After the owner of the animal receives notice, the animal control officer shall impound the animal specified in the complaint if such animal is found at large.

(c)

The judge of the municipal court shall receive testimony at the hearing to determine if the animal specified in the complaint is a dangerous animal and should be permanently removed from the city or destroyed for the protection of the public health, safety and welfare of the citizens of the city. In order to determine if any of the above actions are necessary, the judge of the municipal court must find the following facts to be true:

(1)

The animal is a dangerous animal;

(2)

The removal or destruction of the animal is necessary to preserve and protect the public health, safety and welfare of the citizens of the city.

(d)

If the judge of the municipal court orders the destruction or removal of the animal and the owner was not present at the hearing, the owner shall be given notice of the decision. If removal or destruction of the animal is not ordered, the animal control officer shall return the animal to the owner upon payment of all applicable fees. If the judge of the municipal court orders the animal to be permanently removed from the city, he shall allow the owner ten days to do so. The owner shall furnish the municipal court evidence of such permanent removal within ten days thereof. In the event the animal has been ordered to be permanently removed from the city and the owner has done so, it shall be unlawful for the animal to be allowed back into the city for any purpose. The decision of the judge of the municipal court shall be final.

(e)

A person commits an offense if he knowingly possesses and fails to release to the animal control officer or a veterinarian, as approved by animal control, an animal that has been charged by sworn complaint as specified above and whose destruction or removal has been ordered by the judge of the municipal court.

(f)

If the complaint does not allege an unprovoked attack, but rather dangerous propensities against the animal, the chief of police or his designee shall receive testimony at the hearing to determine if the animal specified in the complaint is a vicious animal and should be properly registered as a vicious animal, be properly restrained within a fenced area of sufficient height and strength to prevent the animal from escaping, requiring the owner to keep and maintain liability insurance in an amount sufficient to cover any injuries that may occur as a result of owning, keeping or harboring said vicious animal, or require that the vicious animal be permanently removed from the city or destroyed for the protection of the public health, safety and welfare of the citizens of the city. In order to determine if any of the above actions are necessary, the chief of police or his designee must find the following facts to be true:

(1)

The animal is a dangerous animal;

(2)

The confinement, special registration, liability insurance requirement and/or removal or destruction of the animal is necessary to preserve and protect the public health, safety and welfare of the citizens of the city.

(g)

If the chief of police or his designee orders the confinement, destruction or removal of the animal and the owner was not present at the hearing, the owner shall be given notice of the decision. If removal or destruction of the animal is not ordered, the animal control officer shall return the animal to the owner upon payment of all applicable fees. If the chief of police or his designee orders the animal to be confined or removed from the city, he shall allow the owner ten days to do so. The owner shall furnish the chief of police or his designee evidence of such confinement within a fenced area in the manner described above or removal as the case may be within ten days thereof. In the event the animal has been ordered to properly confined within a fenced area in the manner described above or to be removed from the city and the owner has done so, it shall be unlawful for the animal to be outside the above described fenced are or to be allowed back into the city, as the case may be, for any purpose.

(h)

A person commits an offense if he knowingly possesses and fails to release to the animal control officer or a veterinarian, as approved by animal control, an animal that has been charged by sworn complaint as specified above and whose confinement, destruction or removal has been ordered by the chief of police or his designee provided that such confinement, destruction or removal has not been appealed.

(Ord. No. 2520, Art. I, 3-6-12)