§ 6-31.2. Additional penalties for violation of the dangerous animal provisions.

(a)

If a person is found guilty of an offense under subsection 6-30.8(a) or 6-30.8(c), the court may order the animal services manager to impound and destroy the animal immediately in addition to other penalties in this section.

(b)

The animal services manager may obtain a search and seizure warrant if the owner of a registered dangerous animal falls out of compliance with the owner's requirements of subsection 6-30.5(e). The animal will remain impounded until proof as required by subsection 6-30.5(e) has been satisfied and is approved by the animal services manager or the animal is destroyed.

(c)

If impoundment of a dangerous animal is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer.

(d)

A dangerous animal impounded pursuant to this section and not reclaimed by its owner under the requirements of this section within ten (10) calendar days from the date of notice of impoundment shall be deemed abandoned and, at the discretion of the animal services manager, euthanized in a humane manner.

(e)

In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). An attorney having civil jurisdiction for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the municipality.

(Ord. No. 8934, § 4, 4-4-08)

State law reference

Penalty for ordinance violations, V.T.C.A., Local Government Code § 54.001; penalties for violation of dangerous dog ordinances, V.T.C.A., Health and Safety Code § 822.045; civil penalties for certain violations by dangerous wild animals, V.T.C.A., Health and Safety Code 822.114; 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 animals, V.T.C.A., Health and Safety Code § 822.116.