§ 6-30.5. Requirements for owners of dangerous animals.

(a)

Not later than fifteen (15) calendar days after a person learns that he is the owner of a dangerous animal, the owner shall, in accordance with the order of the court or determination of the animal services manager:

(1)

Remove the dangerous animal from within the city limits. In which case, the owner must provide, in writing, the destination address of where the animal is to reside and proof to the animal services manager that the owner has alerted the agency responsible for animal services in the destination area prior to the animal being released from the animal services facility; or

(2)

Humanely euthanize the dangerous animal; or

(3)

Register and establish compliance with all of the following requirements of this section, at the owner's expense, to the animal services manager before the animal is released from the animal services facility or other state approved quarantine facility.

a.

Register. Register the dangerous animal with the animal services manager and maintain current registration at all times;

b.

Secure. Restrain the animal in a secure enclosure inspected and approved by the animal services manager;

c.

Insure. Acquire and maintain liability insurance coverage in an amount of at least two hundred fifty thousand dollars and no cents ($250,000.00) to cover damages resulting from an attack by the dangerous animal and provide proof of the required liability insurance coverage to the animal services manager. The owner shall notify the animal services manager immediately if a lapse in insurance coverage occurs or if the coverage ceases or is reduced at any time for any reason. The owner shall include in the policy provisions requiring the insurance provider to provide notice to the animal services manager not less than thirty (30) days prior to cancellation or any material change in coverage, and naming the City of Irving Animal Services as a certificate holder;

d.

Microchip. Microchip and register the dangerous animal for its life with a national registry, and present proof to the animal services manager. The cost shall be at the owner's expense. The owner of the dangerous animal shall microchip the animal by implanting a microchip identification device on the animal within seven (7) calendar days after being notified by the animal services manager or the court that such animal is dangerous or within forty-eight (48) hours of an unsuccessful appeal;

e.

Sterilize. Present proof to the animal services manager that the animal has been sterilized so as to prevent reproduction;

f.

Compliance. Comply with all applicable regulations, requirements, and restrictions on dangerous animals; and

g.

Extensions. Obtain written extension from the animal services manager to complete the registration requirements, if necessary. All requests for extension shall be in writing and, if granted by the animal services manager, shall total no more than thirty (30) additional days.

(b)

No stay of microchip requirement. An appeal of a dangerous dog determination by the court under subsection 6-30.3(a) or of a dangerous animal declaration by the animal services manager under subsection 6-30.3(b) shall not act to stay the requirements of subsection (a) except regarding implantation of a microchip as noted in subsection (a)(4).

(c)

Delivery required-dangerous. The owner of a dangerous animal shall deliver the animal to the animal services manager immediately upon learning that the animal is a dangerous animal, if the animal is not already impounded.

(d)

Delivery required-out of compliance. The owner of a dangerous animal who falls out of compliance with an owner's requirement of subsection (a) shall deliver the animal to the animal services manager immediately.

(e)

Seizure warrant. The court may issue a warrant to seize the subject animal at any time the court finds that probable cause of violation or non-compliance exists, including any time otherwise allowed for voluntary compliance. If, on application of the animal services manager, the court finds, after notice and hearing as provided by section 6-30.4, that the owner of a dangerous animal has failed to comply with or has fallen out of compliance with an owner's requirement of subsection (a), the court shall order the animal services manager to seize the animal and shall issue a warrant authorizing the seizure.

(Ord. No. 8934, § 4, 4-4-08)

State law reference

Requirement for owners of dangerous dogs, 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.