SECTION 8. REGULATIONS FOR DANGEROUS
DOGS
A. Not later than the 30th
day after a person learns that he/she is the owner of a dangerous dog, the
person must:
1.
Register the dangerous dog
with Animal Control. The dog will be registered by Animal Control only
after the following conditions have been met:
a)
Payment of an annual
registration fee of $50.00 to Animal Control;
b)
Providing proof that the
dangerous dog has been spayed or neutered. The only exceptions to this
spaying and neutering requirement shall be if Animal Control or a licensed
veterinarian confirms in writing that either the dog is past the age for
breeding, or its condition otherwise makes it inadvisable to spay or neuter
the dog.
c)
Obtaining liability insurance
coverage or show financial responsibility in an amount of at least
$100,000.00 to cover damages resulting from an attack by the dangerous dog
causing bodily injury to a person and providing proof of the liability
insurance/financial responsibility to Animal Control.
d)
Implanting the dangerous dog
with an identifying computer microchip compatible with the scanning
equipment utilized by Animal Control. The information contained in the
microchip must be reported to Animal Control.
e)
Obtaining the prior approval
of Animal Control of the enclosure constructed to satisfy the secure
enclosure, as described in subsection C., below.
2.
Restrain the dangerous dog at
all times on a leash in the immediate control of a person or in a secure
enclosure, as described in subsection C., below.
3.
Notify Animal Control of any
attack the dangerous dog makes on a person within forty-eight (48) hours of
the attack.
B. Upon registration, the dangerous
dog shall:
1
be issued a tag and the tag
must be displayed on the animal at all times.
2
wear a collar at all times
which is bright orange sand contains the words “Dangerous Dog” in big black
lettering. This collar may be purchased from Animal Control when the dog is
initially registered or a collar substantially similar to the Animal Control
collar is acceptable as an alternative or replacement;
3
be transported only within a
fully enclosed vehicle and a “Dangerous Dog” sign must be posted in a window
on each side of the vehicle.
C. To quality as a “secure
enclosure” under subsection A (2)., above, the following requirements must
be met:
1
The dangerous dog must be
kept in a secure enclosure which prevents the dog from escaping as well as
protecting the general public from physical access to and/or contact with
the dog.
2
The secure enclosure shall:
a)
have a cement floor, unless
another material and/or the construction used is as good as a cement floor
in preventing the dog from digging or escaping from the enclosure.
b)
have a cover or fixed top if
the dog is capable of climbing or jumping;
c)
have walls which consist of
not less than nine (9) gauge chain link or equivalent.
3
Whether a structure qualifies
as a “secure enclosure” is subject to Animal Control’s approval, and, in
this connection:
a)
the custodian of an animal
must give Animal Control reasonable access to inspect the enclosure.
b)
Animal Control may require
the custodian to make structural changes within a certain reasonable time to
make the enclosure secure; and
c)
a structure shall be deemed
not to qualify as a secure enclosure if the custodian does not give Animal
Control reasonable access to inspect the enclosure or if structural changes
are required by Animal Control are not performed.
4
The secure enclosure must be
clearly marked as containing a “Dangerous Dog” on each side of the
enclosure. Signs may be obtained from Animal Control when the dog is
initially registered. Signs substantially similar to those available
through Animal Control will fulfill the requirements of this section.
5
When the dangerous dog is
outside of the secure enclosure, the dog must be controlled by a line or
leash not more than six (6) feet in length; the line or leash must be held
by a person capable of controlling the dog; and the dog must be humanely
muzzled.
D. If the dangerous dog is
transferred to a new location, not later than the 7th day after
the date of the transfer the Owner shall notify Animal Control of the change
of location and provide the address of the new location of the dog.
E. If the ownership or
custodianship of the dog changes, the name and address of the new owner or
custodian must be provided to Animal Control. In connection with a change
in ownership or custodianship of a dangerous dog:
1
If the new owner or custodian
resides in Harris County,
Animal Control will notify the new owner or custodian that the dog is a
dangerous dog; that the registration of a dangerous dog is not transferable;
and that the new owner or custodian is subject to the requirements of these
Regulations. When any person in Harris County becomes the owner or
custodian of a dog that ha been previously declared dangerous under these
Regulations, within fourteen (14) days of receipt of the dog or notice that
the dog has been previously declared dangerous (whichever occurs first in
time), the new owner or custodian shall register the dog as required by
these Regulations.
2
If the new owner or custodian
is not located in Harris County,
Animal Control will notify the new owner and the appropriate animal control
authority in the area where the dog has been transferred that the dog has
been previously determined to be a dangerous dog in Harris County.
F. Compliance with these
Regulations for dangerous dogs is in addition to and concurrent with
compliance with rabies control rules and quarantine requirements as set
forth in these Regulations and under state law.
SECTION 9. VIOLATIONS AND ENFORCEMENT OF
DANGEROUS DOG RESTRICTIONS
A. A person who owns or keeps
custody or control of a dangerous dog commits an offense if the person fails
to comply with any provision of Section 8 of these Regulations. An offense
defined in this section is a Class C misdemeanor unless it is shown at trial
that the defendant has previously been convicted of a violation identified
in this section, in which case an offense is a Class B misdemeanor.
B. Each violation of these
Regulations constitutes an act in contempt of Commissioners Court.
Commissioners Court has the power to enforce its orders by civil contempt
and may punish contempt by fine or imprisonment pursuant to Section 81.024
of the Local Government Code. Each and every day a person fails to comply
with these Regulations is a separate violation.
C. The restrictions and requirements
of Section 8 of these Regulations may be enforced concurrently with Chapter
822, Subchapter D, of the Texas Health and Safety Code, as amended. These
Regulations do not restrict or limit the power of the County or State to
choose to prosecute any person for criminal or civil penalties pursuant to
that subchapter in addition to or as an alternative to prosecution under
these Regulations.
D. If any person violates any
provision of Section 8 so that there is a threat to public health and
safety, Animal Control may notify the County Attorney
and request authorization from
Commissioners Court to file suit to enjoin the violation.
SECTION 10. DEFENSES
A. It is a defense to prosecution
under these Regulations 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 these Regulations 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 these Regulations that the person is a dog trainer or an employee of a
guard dog company under the Private Investigators and Private Security
Agencies Act (Article 4413) (29bb), Vernon’s Texas Civil Statutes).
HCPHES Veterinary Public Health
612 Canino Road
Houston Texas 77076
Phone: (281)999-3191 Fax: (281)847-1911
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