§ 6-91. Vicious animals.

(a)

Authority to destroy if at large. Any vicious animal found running at large may be destroyed by any peace officer in the interest of public safety.

(b)

Peace officer order to remove animal from town; appeal. A peace officer may order any owner or person having care, control, or custody of any vicious animal to take such animal permanently from the town. This animal must be removed immediately following receipt of such an order, even if an appeal is initiated. This order may be appealed in writing within ten (10) days to a committee made up of the mayor or his designee, the council and the town attorney or his representative. Such committee may uphold, reverse or modify the peace officer's order or may stipulate restrictions on the animal as a condition to allowing the animal to remain in the town. If the committee upholds the animal control's order, the owner or person having care, control or custody shall not bring the animal back inside the town.

(c)

Effect of failure to obey order to remove. If the owner or person having care, custody or control of a vicious animal fails to remove such animal as provided for in this section, such animal may be impounded or destroyed.

(d)

Report of change of ownership or relocation of animal. The owner or person having care, custody or control of a vicious animal must report the disposition and relocation of such animal to the mayor or his designee in writing, within ten (10) days after the expiration date for removal of such animal from the town. Each day thereafter such information is not provided shall constitute a separate offense.

(e)

Search and seizure warrant authorized. Upon notice by the mayor or his designee, the county sheriff or his deputy, as the contractually obligated law enforcement agency of the town, shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the town for being vicious has not been so removed.

(Ord. No. 105, § 6, 8-18-1987)

State law reference

Dangerous wild animals, V.T.C.A., Health and Safety Code § 822.101 et seq.; predatory animals and animal pests, V.T.C.A., Health and Safety Code § 825.001 et seq.