§ 6-30.3. Dangerous animal determination.

The Irving Municipal Court may determine that a dog is a dangerous dog under subsection (a). The animal services manager may declare that an animal, including a dog, is a dangerous animal under subsection (b). Regarding a dangerous dog incident, the animal services manager has discretion to proceed, under either subsection (a) or (b).

(a)

Municipal court.

(1)

The Irving Municipal Court may determine that a dog is a dangerous dog in compliance with Texas Health and Safety Code, Section 822.0422. The animal services manager may file a sworn report describing a dangerous dog incident with the court. The sworn report shall present probable cause that the dog described in the report committed an attack described in section 6-1, "dangerous animal."

(2)

The animal services manager shall furnish written notice to the owner of the animal, as identified in the complaint, to inform the owner that a dangerous dog report has been filed with the court. The notice to the owner shall require the owner to deliver the animal immediately to the animal services manager upon receiving the notice, provided that the animal services manager may, in his discretion, accept proof that the animal is impounded with a licensed veterinarian according to the terms of subsection 6-13(b). The notice to the owner shall have attached to it a copy of sections 6-30.1 through 6-31.2. The notice to the owner shall also contain a statement that the owner will be notified by the court of the date and time for the hearing.

(3)

Notice to the owner by the animal services manager shall be provided as required by subsection (b)(3).

(4)

If the owner fails to deliver the dog as required by subsection (b)(2), the court shall order the animal services manager to seize the dog and shall issue a warrant authorizing the seizure. The animal services manager shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions at the owner's expense until the court orders the disposition of the dog. The court shall determine, after notice and hearing as provided in section 6-30.4, whether the dog is a dangerous dog.

(b)

Animal services manager.

(1)

The animal services manager may determine that an animal is a dangerous animal after investigation of a dangerous animal incident. The animal services manager shall furnish written notice to the owner of the animal as identified in the complaint to inform the owner that a dangerous animal report has been received. The owner will have five (5) calendar days from the date the owner is notified to provide the animal services manager information regarding the report. The animal services manager may consider additional information from other sources in the course of the investigation.

(2)

If, after investigating a dangerous animal report, the animal services manager finds that the animal is a dangerous animal, the animal services manager shall provide notice to the owner of that fact. The notice to the owner shall also contain a statement that the owner has a right to appeal and shall have attached to it a copy of sections 6-30.1 through 6-31.2.

(3)

Notice to the owner shall be mailed certified mail, return receipt requested, to the owner's last known mailing address, or delivered in person by the animal services manager. If the notice is mailed to the owner and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered. If the notice is given by mail, the date of notice is the date of delivery. If the date of delivery is not known, then notice given by mail is deemed to be delivered three (3) days after the date it is placed in a mail receptacle of the United States Postal Service. Notice that is delivered in person is deemed received on the date of in-hand delivery or on the date that the notice is left firmly affixed on or near the front door of each building on the property at the owner's address.

(4)

An owner, not later than ten (10) calendar days after the date the owner is notified that an animal owned by him is a dangerous animal, may appeal the determination of the animal services manager to the Irving Municipal Court. An owner may appeal the decision of the municipal court to a county court-at-law, in the same manner as an appeal of a civil case.

(Ord. No. 8934, § 4, 4-4-08)

State law reference

Determination that dog is dangerous, V.T.C.A, Health and Safety Code § 822.042; dangerous dogs, V.T.C.A. Health and Safety Code § 822.041 et seq.; dangerous wild animals, V.T.C.A. Health and Safety Code § 822.101 et seq.; local regulation of dangerous dogs, V.T.C.A., Health and Safety Code § 822.047; local regulation of dangerous wild animals, V.T.C.A., Health and Safety Code § 822.116.