The provisions of the Texas Health and Safety Code, Title 10, Chapter 822 are incorporated into this article and dangerous dogs shall be determined and regulated in accordance with said chapter and this article. To the extent of a conflict between said chapter and this article, Texas Health and Safety Code, Title 10, Chapter 822 controls.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
Upon receipt of a sworn affidavit of complaint of a dangerous dog as defined in section 6-1, the department shall investigate the complaint. The investigation may include observing the dog's behavior, examining the dog, and reviewing other relevant information including discussing the incident with the owner or keeper of the dog. No dog will be declared dangerous if the complaint filed is based solely on the dog's breed, size or physical appearance. The affidavit shall contain:
(1) 
The name, address and telephone number of the complainant(s) and any other witnesses; and
(2) 
A description of the dog and the address where it resides, and if known, the name and telephone number of the owner of the dog; and
(3) 
The date, time and location of the incident; and
(4) 
A statement describing the facts upon which the complaint is based, including a description of the incident(s) which cause the complainant to believe the dog is a dangerous dog; and
(5) 
A description of the injuries sustained, whether medical treatment was sought and the outcome of such treatment; and
(6) 
Any other relevant facts.
(b) 
After receiving a sworn affidavit of an incident involving a dangerous dog and completing an appropriate investigation supporting probable cause that the dog at issue is dangerous, as a reasonable precaution to protect public health and safety, the department may, upon issuance of a seizure warrant, seize and impound the dog at the owner's expense pending a dangerous dog determination and completion of all appeals.
(c) 
If, at the conclusion of an investigation, the animal services manager determines that the dog is a dangerous dog as defined in section 6-1, the animal services manager shall provide written notice to the owner in person or by certified mail, return receipt requested. The notice shall include:
(1) 
A statement that the dog has been determined to be a dangerous dog by the animal services manager; and
(2) 
A summary of the investigative findings supporting the determination; and
(3) 
A statement regarding the owner's right to appeal the dangerous dog determination to the municipal court not later than the fifteenth (15th) day after the owner is notified; and
(4) 
A copy of this article.
(d) 
Any dog impounded under this section may not be released from impoundment until one of the following conditions are met:
(1) 
The animal services manager or municipal court determines that the dog is not a dangerous dog, provided that all other requirements set forth in section 6-22 for release of impounded animals are met; or
(2) 
The animal services manager or municipal court determines that the dog is a dangerous dog and the owner has demonstrated compliance with:
a. 
All the requirements for owning or keeping a dangerous dog set forth in section 6-53; and
b. 
All applicable requirements for release of impounded animals set forth in section 6-22; and
c. 
Any other requirements ordered by the animal services manager or the municipal court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
If the animal services manager determines that the dog is a dangerous dog, that decision is final unless the owner or keeper files a written appeal, delivered in person or by certified mail to the court services division of the municipal court, within fifteen (15) days of receiving the notice of determination. The owner or keeper shall provide a copy of the written appeal to the animal services manager by delivering it to the department in person or by certified mail.
(b) 
The municipal court shall conduct a hearing within ten (10) calendar days after receipt of the notice of appeal.
(1) 
Any interested party, including the city attorney or his/her designee, or the county, is entitled to present evidence at the hearing.
(2) 
The municipal court shall enter a judgment, based on a preponderance of the evidence presented, that the dangerous dog determination is either affirmed or reversed.
(3) 
If the owner or keeper of the dog does not appear at the hearing, the court may proceed with evidentiary findings without the owner's or keeper's presence.
(4) 
The result of the hearing is final unless the owner or keeper files a written appeal in the manner described by the Texas Health and Safety Code § 822.0424, as amended, within ten (10) days after the decision was issued by the municipal court. During the pendency of such appeal, a dog that has been impounded by the department shall remain impounded at the owner's expense. The municipal court shall determine the estimated costs to house and care for the dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(c) 
In the event that the decision of the municipal court affirms that the dog is a dangerous dog, the owner shall be required to comply with the requirements set forth in section 6-53 and any other requirements set by the court within the timeframe set by the court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
In addition to the other requirements of this chapter and the Texas Health and Safety Code, Chapter 822, Subchapter D, as amended, the owner or keeper of a dangerous dog shall comply with the following conditions not later than the thirtieth (30th) day after the person learns that he/she is the owner of a dangerous dog:
(a) 
Provide the name, address and telephone number for person(s) owning, keeping or harboring the dangerous dog; and
(b) 
Register the dangerous dog with the department and maintain current registration at all times. The owner or keeper must present proof of compliance satisfactory to the animal services manager and pay the annual dangerous dog registration fee before registration will be issued or renewed; and
(c) 
Pay any other costs or fees assessed by the governing body, per state law, related to the seizure, care or impoundment of the dog, if applicable; and
(d) 
Provide proof of current rabies vaccination as set forth in section 6-30; and
(e) 
Provide proof of microchip and current microchip registration as set forth in section 6-15; and
(f) 
Provide at least three (3) color photos of the dog and a description of the dog to include the dog's name, age, sex, weight, height, length, color(s), breed(s) and any other distinguishing features or marks; and
(g) 
Restrain the dangerous dog at all times in a secure enclosure as defined in section 6-1 or on a leash, no longer than six (6) feet in length, in the immediate control of a person capable of controlling the dog while the dog is wearing a muzzle that will not cause injury to the dog and will prevent the dog from biting any person or animal and does not interfere with the dog's vision or breathing; and
(h) 
Acquire and maintain liability insurance coverage in an amount of at least two hundred fifty thousand dollars ($250,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person or other animal and provide proof of the required liability insurance coverage to the animal services manager, the sufficiency of which shall be determined by the City of Irving Risk Manager. The owner or keeper shall include in the policy provisions a requirement that the insurance provider will provide notice to the City of Irving Risk Manager through the animal services manager not less than thirty (30) days prior to cancellation or any material change in coverage; and
(i) 
Provide the dog with a fluorescent yellow collar visible at fifty (50) feet in normal daylight to be worn at all times; and
(j) 
Post a warning sign at each entrance to the premises in which the dangerous dog is being kept, stating "BEWARE OF DANGEROUS DOG." The signs shall be no less than eight (8) inches by eleven (11) inches in size, with lettering no less than two (2) inches in height. Lettering shall be white on a red background and be of light-reflective material; and
(k) 
Provide proof that the dog has been sterilized.
(1) 
For the purposes of this subsection, proof of sterilization shall be a sterilization certificate issued by a licensed veterinarian.
(2) 
Subsection (1) does not apply if the owner of the animal provides proof that one (1) or more of the following conditions are met:
a. 
The animal is less than six (6) months of age;
b. 
A licensed veterinarian certifies in writing and on office letterhead that the dog or cat is not medically suitable to be spayed or neutered due to health condition(s) or is permanently non-fertile as confirmed by a health examination;
c. 
The animal is a trained military or police service animal.
(l) 
If the dog is not already impounded, the owner of a dangerous dog who does not comply with the requirements shall deliver the dog to the animal services officer not later than the thirtieth (30th) day after the owner learns that the dog is a dangerous dog.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
Any person who owns, harbors or keeps a dog determined to be a dangerous dog by the animal services manager or municipal court in the city shall notify the department in writing within twenty-four (24) hours if the dog:
(1) 
Escapes from confinement;
(2) 
Attacks a person or other animal causing bodily injury; or
(3) 
Dies. If the dog dies, the owner shall present the body to a licensed veterinarian or to the department for verification of microchip identification before disposal of the body. If the owner presents the body to a licensed veterinarian, the owner shall provide written verification of the microchip reading to the department within three (3) business days.
(b) 
The owner or keeper of a dangerous dog shall notify the animal services manager in writing within fourteen (14) days after moving the dog to a new address or transferring ownership and shall provide the animal services manager with the dog's new address and owner information, if applicable. If the new address is within the city limits of Irving, the owner must meet all the requirements in section 6-53. If the new address is outside the city limits of Irving, the owner must provide, in writing to the animal services manager, proof that the animal control authority in the new jurisdiction has been notified.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
Upon receiving an application from any person, the municipal court shall conduct a hearing to determine compliance with dangerous dog requirements. The municipal court shall conduct a hearing within ten (10) calendar days after receipt of the application.
(1) 
Any interested party, including the city attorney or his/her designee, or the county, is entitled to present evidence at the hearing.
(2) 
The municipal court shall enter a judgment, based on a preponderance of the evidence presented, whether the owner of the dog is or is not in compliance.
(3) 
If the owner or keeper of the dog does not appear at the hearing, the court may proceed with evidentiary findings without the owner's or keeper's presence.
(4) 
The result of the hearing is final unless the owner or keeper files a written appeal in the manner described by the Texas Health and Safety Code § 822.0424, as amended, within ten (10) days after the decision was issued by the municipal court. During the pendency of such appeal, the dog shall remain impounded at the owner's expense. The municipal court shall determine the estimated costs to house and care for the dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(b) 
Upon issuance of a seizure warrant, the department may seize and impound a dangerous dog for a violation or non-compliance with any of the provisions of this chapter.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
If the owner of a dangerous dog impounded under this article has not complied with the requirements for release under section 6-51(d), after expiration of the applicable hold period pursuant to section 6-20(d), all prior ownership interest in the dog is completely divested and the animal shall become property of the city. In the event that an appeal is timely filed to municipal court or a court of competent jurisdiction pursuant to section 6-55, the applicable hold period shall be stayed until final adjudication by the court.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)
(a) 
A person commits an offense if he/she knowingly, intentionally or recklessly owns or keeps a dog previously determined to be a dangerous dog by the animal services manager or municipal court and the dog makes an unprovoked attack on another person outside of the dog's enclosure and causes bodily injury to the other person.
(b) 
A person commits an offense if he/she owns or keeps a dog determined to be a dangerous dog by the animal services manager or municipal court in violation of any of the provisions of this chapter.
(c) 
A person commits an offense if he/she fails to report an incident as required in section 6-54.
(d) 
A person commits an offense if he/she owns or keeps a dangerous dog on a porch, patio, or in any part of a residence or building that would allow the dog to exit such structure on its own volition, including inside a residence or building when the windows are open or screen windows, screen doors or other penetrable barriers are the only obstacle preventing the dog from exiting the residence or building.
(e) 
If a person is found guilty of an offense under subsection (a), the fine may be increased to up to two thousand dollars ($2,000.00) per offense.
(f) 
It is a defense to prosecution that:
(1) 
The person is a licensed veterinarian, a peace officer, or a person employed by the department, 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; or
(2) 
The person is an employee of a law enforcement agency and is training or using the dog for law enforcement or corrections purposes; or
(3) 
The person who was attacked was, at the time of the attack, teasing, tormenting, abusing, or assaulting the dog; or
(4) 
The person who was attacked was, at the time of the attack, committing or attempting to commit a crime.
(Ordinance 2021-10468, § 2, adopted 7/22/2021)