§ 3. DANGEROUS, VICIOUS, MISCHIEVOUS ANIMALS
A.
DANGEROUS, VICIOUS TENDENCIES DEFINED
1.
Any animal that inflicts severe injury or death to a person or bites a person on public or private property; or
2.
Any animal that has killed a domestic animal without provocation while off the owner's property; or
3.
Any animal which chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to that person; or
4.
Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of persons or domestic animals; and
5.
All animals defined as wild animals under Section 1, Subsection C, of this chapter.
B.
MISCHIEVOUS TENDENCIES
If any animal overturns a garbage container or removes any garbage from any such container or otherwise destroys or damages any property, then such animal shall be conclusively presumed to be a mischievous animal and an animal of mischievous propensities and tendencies.
C.
DECLARATION OF A DANGEROUS, VICIOUS ANIMAL
1.
An animal shall be automatically declared to be a vicious animal under Section 3, Subsection A, of this chapter if the owner is convicted under Section 1, Subsection D(2) or Subsection D(3), of this chapter.
2.
It shall be unlawful for any owner or person in control of any vicious dog to keep or permit same in or about any public house, public place, street, or alley in the City of Santa Fe Texas.
3.
The animal control officer may find and declare an animal to be a vicious animal if the official has cause to believe that an animal is a vicious animal under Section 3, Subsection A(1), of this chapter.
D.
NOTIFICATION OF DECLARATION OF VICIOUS, MISCHIEVOUS ANIMAL
The animal control officer will notify the owner of the animal of its designation as a vicious animal and of the requirements for owners of vicious animals as set out in Section 3, Subsection H, of this chapter. The notice required herein shall be served as stated in Section 6, Subsection O(3), of this chapter.
E.
HEARING REQUEST
If the animal is declared to be vicious or mischievous under this chapter, the notice shall inform the owner of the animal that a Determination Hearing may be requested to contest the declaration. The request for a hearing must be in writing and must be received by the animal control officer within ten (10) days of the date of the vicious animal declaration. Failure to appeal the declaration of vicious animal within the ten-day period shall result in the animal control officer's declaration as final.
F.
DEFENSE TO DECLARATION OF VICIOUS ANIMAL
It is a defense to the determination of an animal as vicious and to the prosecution of the owner of an animal previously declared to be vicious if:
1.
The person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal; or
2.
The person was committing or attempting to commit a crime; or
3.
The domestic animal killed was at the time teasing, tormenting, abusing or assaulting the animal; or
4.
The animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault; or
5.
The animal was injured and responding to pain; or
6.
The animal was protecting her puppies, itself or its kennel mates.
G.
VICIOUS ANIMAL REGISTRATION REQUIRED
1.
The owner of an animal declared vicious under this chapter shall, within ten (10) days of the date of the vicious animal declaration, register the animal with the regulatory authority.
2.
The owner shall notify the regulatory authority as soon as possible, but under any circumstance not later than twenty-four (24) hours, if a vicious animal is loose, stolen, unconfined in an approved enclosure, has attacked another animal or has attacked a person, or has died.
3.
The regulatory authority may at the authority's discretion allow or disallow the relocation, giving away or selling of a vicious animal. Approval to give away, sell or relocate a vicious animal shall be in writing.
4.
If the owner of a vicious animal obtains approval to relocate, sell or give away a vicious animal, the owner shall provide the regulatory authority with the name, address and telephone number of the new owner or location of the new approved enclosure. The new owner must sign a sworn statement that he will comply with all of the requirements of owners of vicious animals. The new owner must comply with the requirements of owners of vicious animals within thirty (30) days of receipt of the animal.
H.
REQUIREMENTS OF VICIOUS ANIMAL OWNERS
An owner of an animal declared to be a vicious animal under this chapter must comply with the following within thirty (30) days of such final determination. Compliance with these requirements will be determined by the animal control officer:
1.
The animal must be registered in accordance with this chapter;
2.
The vicious animal must be kept in a proper enclosure;
3.
The owner must present to the animal control officer a Certificate of Public Liability Insurance in the amount of one hundred thousand dollars ($100,000.00) to cover any damages caused or which may be caused by the vicious animal. The insurance shall be for a twelve-month period and shall not be canceled unless the animal is no longer kept by the owner; and
4.
The vicious animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the vicious animal nor interfere with its vision or respiration but shall prevent it from biting any person or animal and the vicious animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not exceed six (6) feet in length;
5.
The owner shall post a sign on his premises warning that there is a vicious animal on the property. This sign shall be visible and capable of being read from the public street or highway; and
6.
The vicious animal must be spayed or neutered.
If the owner of an animal declared to be vicious under this section is unable or unwilling to comply with the ownership requirements listed above, the animal shall be euthanized by an animal shelter, animal control agency, licensed veterinarian or the regulatory authority. An animal declared to be vicious under this chapter shall not be offered for adoption or sale and shall not be moved from the approved enclosure or city jurisdiction without written permission from the animal control officer.
I.
DANGEROUS OR MISCHIEVOUS ANIMAL AT LARGE
Any dangerous, vicious or mischievous animal having dangerous, vicious or mischievous propensities and tendencies found at large after the owner thereof has previous knowledge or notice that such animal is dangerous, vicious or mischievous or has dangerous, vicious or mischievous propensities and tendencies, may be killed by any law enforcement officer stated in Section 4, Subsection C, of this chapter without the officer having to catch or impound such animal or notifying the owner of the animal.
J.
MUZZLES REQUIRED
Any dog tied or staked on public property shall be securely muzzled by the owner in a manner that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent it from biting any person or animal. Further, the owner of any animal which has been conclusively presumed to be dangerous or vicious shall muzzle such animal when:
1.
The animal is not confined in a secure enclosure or is off the premises of the owner; and/or
2.
The animal is on the premises of a business when such business is open and/or accessible to the public; and/or
3.
The animal is on the outside premises of private property and not confined in such a manner as to preclude contact with casual visitors such as a mail person or delivery person, meter reader, children, etc.; and/or
4.
The animal is on the outside of premises of private property where appropriate and adequate warning signs which are visible and capable of being read from the public street or highway have not been posted; and/or
5.
On a leash, on or off the owner's property and not confined as required in Section 3, Subsection H(2) of this chapter.
K.
LICENSE REVOCATION OF DANGEROUS, VICIOUS OR MISCHIEVOUS ANIMAL
The animal control officer may, after providing opportunity for a hearing, revoke a license for any animal whose owner has been notified that the animal has been conclusively presumed to be dangerous, vicious or mischievous if said animal:
1.
Is not confined or is found running at large;
2.
Is a vicious animal and is not muzzled as required herein;
3.
Bites or attempts to bite any person or chases or otherwise attempts to catch a person;
4.
Attacks or attempts to attack any other animal when in violation of any section or part of this chapter;
5.
The owner has been convicted of any violation of federal, state or local law, ordinance or rule pertaining to said animal;
6.
The owner does not have insurance coverage for the vicious animal in an amount of at least one hundred thousand dollars ($100,000.00) against liability of the person for damages resulting from bodily injury to an individual caused by the animal. A person has thirty (30) days from the date on which the person knows his animal has engaged in vicious conduct to obtain the required insurance coverage. The insurance coverage shall not be allowed to expire or lapse; or
7.
The owner does not register the vicious animal as required in Section 3, Subsection G, of this chapter; or
8.
The owner does not build, obtain or provide an enclosure for the vicious animal, have the enclosure approved by the regulatory authority, and confine the vicious animal within the enclosure. The owner shall have thirty (30) days from the date on which the owner knows his animal has engaged in vicious conduct to obtain the approved enclosure.
L.
EXEMPTIONS
The provisions of this chapter shall not apply to any law enforcement agency where a dog is being used for law enforcement.
(Ordinance No. 08-2016 of September 22, 2016, Sec. 2(Exh. A))