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TX: Van - ***ALERT***

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alert van
954 views 0 replies 1 participant last post by  apbtmom76 
#1 ·
Apparently the Van City Council is going to address the issue of a ban on both pit bulls and Rottweilers at their Dec 9 meeting. The parties in the media that were victims will present their case for the council to consider.

The population in Van, TX is less than 3000 so they are not Home Rule. (Texas Home rule requirement is minimum of 5,000). Of course, they need to reminded they would be in violation of state statute.

City of Van City Hall
189 South Maple Avenue
Van, Texas 75790-3904
PHONE: 903-963-7216
FAX: 903-963-5643



Van, Texas, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 4 - ANIMALS >> ARTICLE V. - DANGEROUS ANIMALS >>
ARTICLE V. - DANGEROUS ANIMALS*
State law reference—Dangerous dogs, V.T.C.A., Health and Safety Code § 822.001 et seq.

Sec. 4-120. - Wild, exotic, or dangerous animals.

Sec. 4-121. - Fierce or dangerous dogs—Exception.

Sec. 4-122. - Same—Procedure for impoundment.

Sec. 4-123. - Guard dogs.

Sec. 4-124. - Additional requirements and restrictions for dangerous dogs.

Secs. 4-125—4-146. - Reserved.

Sec. 4-120. - Wild, exotic, or dangerous animals.

Those dangerous wild animals which have bitten or scratched a person, shall be caught and the procedures established by state law and this article shall be followed.

(Ord. of 12-7-2006, § 22)

Sec. 4-121. - Fierce or dangerous dogs—Exception.

(a)

No person who owns or keeps a dog shall allow the dog to engage in fierce or dangerous conduct.

(b)

A dog engages in fierce or dangerous conduct when it threatens to attack or terrorizes a person on public or private property or in a public place, or has behaved in such a manner that the person who keeps the dog knows, or should reasonably know, that the dog possesses tendencies to attack or bite persons and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own.

(c)

This section shall not apply to dogs that are in the service of law enforcement agencies or guard dogs restrained as provided herein, or as excepted pursuant to V.T.C.A., Health and Safety Code § 822.003(f).
Sec. 4-122. - Same—Procedure for impoundment.

(a)

Upon receiving a report concerning a fierce or dangerous dog, the city marshal or police officer shall obtain the following information:


(1)

Name, address, and telephone number of complainant;


(2)

Date, time, and location of incident;


(3)

A specification of the facts and circumstances of the incident;


(4)

A description of the animal;


(5)

A statement or report describing how the animal either bit the complainant or acted in a vicious manner;


(6)

Other aggravating facts or circumstances, if any, relating to the incident.

(b)

After a statement or report has been obtained, the animal shall be investigated by the city marshal. Upon a showing of probable cause, a complaint may be filed in municipal court and, if necessary, the animal impounded as a public nuisance. If impoundment of said animal cannot be made with safety to the city marshal, or other persons, the dog may be destroyed without prior notice to the owner or harborer.
Sec. 4-123. - Guard dogs.

Except for dogs used in law enforcement agencies, it shall be unlawful to place or maintain any dog which is specifically trained to attack, in any area for the protection of persons or property unless the dog is physically confined to a specific area within a building, in a fence, or on a chain of sufficient size and strength to restrain the animal. The area or premises in which a guard dog is confined must be conspicuously posted with warning signs bearing letters not less than two inches high and placed not less than every 25 feet on or adjacent to the structure or barrier which confines the animal. In no event shall less than one warning sign be conspicuously posted.
Sec. 4-124. - Additional requirements and restrictions for dangerous dogs.

In addition to those requirements set out in state law, the following requirements and restrictions shall apply to any dog in the city limits determined by the city municipal court to be a dangerous dog as defined under state law:


(1)

The dog must be spayed or neutered within ten days of the determination that the dog is a dangerous dog.


(2)

If the dog is subsequently responsible for the death of or serious injury to any person, the dog will be destroyed pursuant to statute.


(3)

The owner or person harboring a dangerous dog shall have the dog identified by a numbered tattoo, numbered ear clop, or other identifier approved by the animal control authority, and all identifying information shall be provided to the animal control authority immediately.


(4)

The dog shall at all times wear a collar and attached dog tag marked with an orange color visible at a minimum distance of 50 feet.


(5)

The dog, when taken outside the enclosure required under state law and this chapter, must be securely muzzled in a manner that will not cause injury to the animal or impair its vision or respiration, but shall prevent it from biting any person or animal, and must be restrained by a substantial chain or cable leash having a minimum tensile strength of 1,000 pounds and not to exceed six feet in length.


(6)

The owner or person harboring such a dog shall post a sign on the premises where the animal is located or kept bearing letters not less that two inches high warning that there is a dangerous dog on the property.


(7)

The sign, or multiple signs, if necessary, shall be prominently displayed on the property, easily visible and capable of being read from each public street or highway adjacent to the property.


(8)

The secured enclosure for the dog, in addition to the minimum requirements for such enclosure contained in state law, must have a top, must be made of chainlink fencing of no more than three-inch mesh, must be at least six feet high, and must be posted with signs on each side of the enclosure bearing letters not less than two inches high warning of a dangerous dog, with additional signs for every additional 25 feet of length.


(9)

The city public safety division may, as a condition of registration for the dog, the owner or person harboring the dog shall annually attend a class on responsible pet ownership conducted by the city animal control department or their designee to conduct said class.


(10)

The city animal control department may inspect the enclosure in which any dangerous dog is maintained, without notice, at any reasonable hour.


(11)

The city may charge a reasonable fee for the licensing of dangerous dogs, as established by a separate resolution of the city.


(12)

The owner of any dog determined to be a dangerous animal by any court or magistrate, must register the animal with the city animal control department within ten days of bringing the animal into this jurisdiction.


(13)

The appeal of any determination by the city municipal court that a dog is a dangerous dog, will be to the county court at law, and will follow the provisions for appeal from a municipal court judgment as established in V.T.C.A., Government Code § 29.001 et seq.

(Ord. of 12-7-2006, § 27)
 
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