ORD 2013-20 - Animals and fowl ORDINANCE NO.2013-20
AN ORDINANCE AMENDING THE CITY OF HUNTSVIULE, TEXAS CODE OF ORDINANCES, SPECIFICALLY
CHAPTER 8 "ANAMALS AND FOWL"; PROVIDING FOR A PENALTY: MAKING OTHER PROVISIONS AND
FINDINGS THERETO;AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter O "ANIMALS AND FOWL" provides for the
regulation of certain animals and regulations concerning animals for the health, safety and public
welfare of the City's residents:
WHEREAS, Texas Local Government Code authorizes city regulation of animals and expressly does not
affect the authority of a municipality to enact ordinances regulating animals;and
WHEREAS, City Council finds it necessary to amend its existing regulations of animals to protect the
health and public safety; now therefore
WHEREAS, the City Council of the City ofHuntsville, Texas now wishes to amend Chapter 8to help
promote the health,safety and welfare oy its residents;
WHEREAS, notice ofthe agenda for this meeting, was given in accordance with |axv by posting the same
at the place reserved and designated for notices of public meetings and public activities and prior to the
adoption of this ordinance.
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OFMUNTSVlLLE,TEXAS,that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted,ratified,and confirmed.
SECTION 2: Huntsville Code of ordinances Chapter "ANIMALS AND FOWL" is hereby amended by
replacing it with the Chapter 8"ANIMALS AND FOWL"that is attached hereto as Exhibit"A"
SECTION 3' All ordinances or parts of Ordinances that are in conflict or inconsistent with the '
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the �
City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity ofthis
Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal,orunconstitutional.
SECTION 5: This Ordinance, being penal ordinance, becomes effective ten (10) days after its date pf
passage by the City Council,as provided byArticle 4.14 of the Charter of the City of Huntsville,Texas.
First Reading Date: March I9, 2U13
PASSED AND APPROVED mm the Second Reading ow this the 2^o day of April ZUI3.
THE CITY OFHWNTS\J|LLE
0�-�marcl, Mayor
ATT T: APPROVED AS TO FORM:
C*Lechnef'�er,City Attorney
Exhibit "A"
Chapter 8- Animals and Fowl
ARTICLE I. - IN GENERAL
Sec. 8-1. - Enforcement
Sec. 8-2. - Definitions.
Sec. 8-3. - Running at large prohibited.
Sec. 8-4. - Keeping of bees.
Sec. 8-5. - Unreasonable noise prohibited.
Sec. 8-6. - Certain animals restricted.
Sec. 8-7. - Dead animals.
Sec. 8-8. - Wild and exotic animals.
Sec. 8-9. –Animals left in vehicles.
Sec. 8-10. – Inteference.
Sec. 8-11. - Penalty.
Secs. 8-10-8-34. - Reserved.
Sec. 8-1. -Enforcement.
(a) It shall be the duty of the animal control authority or any duly licensed peace officer to
carry out all applicable provisions of this chapter and to pick up and impound all animals
found to be in violation of this chapter.
(b) Any offense of this chapter will be considered a nonculpable offense, unless the article
or section specifically sets out the necessary culpability for the offense.
Sec. 8-2. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Animal means any living creature other than man.
Fowl means any bird, domestic or wild.
Livestock means any grazing animal, including, but not limited to, cattle, horses, mules,
asses, burros, sheep and goats.
Owner means any person who:
(1) Owns, keeps, harbors, controls, feeds, shelters or aids any animal;
(2) Is the owner's agent left in charge of an animal; or
(3) States he is responsible for an animal.
Run at large means whenever an animal is not under actual physical restraint by means
of a pen, fence or other structure or a leash, chain, rope or other lead.
Subject to capture means any animal, except cats, observed running at large, or any
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animal reasonably believed to have bitten, clawed', or scratched some person.
Wild animal means an animal of a species, not customarily used as a domesticated pet,
but one which would ordinarily be confined to a zoo, a circus, or which would ordinarily be found
in the wilderness of this or any other county, or one which otherwise causes a reasonable
` person to be fearful of bodily harm or property da nage.
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Sec. 8-3. - Running at large prohibited.
(a) A person commits an offense if he allows or permits an animal owned by him, other
than a cat, to run at large.
(b) A culpable mental state is not required as on element of this offense.
s (c) It is an affirmative defense to prosecution if the animal was running at large due to the
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act of some person other than the owner of the animal or an occupant of the premises
where such animal is possessed, or due to some factor not reasonably foreseeable by
the owner or person having possession of',said animal.
(d) Animals, other than cats, running at large ore subject to impoundment by an officer of
the animal control department. It shall be the duty of every animal control officer to
apprehend any dog found running at large and to impound such dog at the city animal
shelter.
Sec. 8-4. - Keeping of bees.
(a) A person commits an offense if he establishes or maintains any hive, stand, or box
where bees are kept.
(b) It is a defense to prosecution if:
(1) The bees are kept over 50 feet from any exterior boundary of the property on
which the hive, stand or box is looted; or
(2) A solid fence or other barrier at le st six feet high is installed and maintained
along the exterior boundary of the broperty.
(c) Nothing in this section shall be deemed orll',,construed to prohibit the keeping of bees in a
hive, stand or box located and kept within school or university building for the purpose
of study or observation.
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Sec. 8-5. - Unreasonable noise prohibited.
(a) A person commits an offense if he intentio ally or knowingly owns or possesses an
animal which causes unreasonable noise in a public place or in or near a private
residence that the person has no right tooccupy.
(b) In any prosecution authorized by this section where proof is presented that the person
was warned concerning the noise more than 24 hours preceding the offense by an
officer of the animal control department or police department, such person shall be
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presumed to have intentionally and knowir gly committed the offense.
Sec. 8-6. - Certain animals restricted.
A person commits an offense if he intentionally or knowingly keeps or maintains within
the city limits:
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(1) One or more hogs, swine or pigs;
(2) Livestock or fowl within 125 feet of a private residence that the person has no
right to occupy.
(A) It shall be the duty of the person owning, or having within his or her
management or control, any chickens, turkeys, geese,or other domestic
fowl, to keep same enclosed upon his or her own premises; and in such
manner that same cannot go upon the public streets, highways, alleys or
parkways of the city, or upon the private property of others.
(B) It shall be unlawful for any person owning or having under his or her
control or management any chickens, turkeys, geese, or other domestic
fowl,to allow same to be at large within the city.
(C) This section does not apply to chickens, turkeys, geese, or other
domestic fowl that are owned or maintained within the city by a
government entity for noncommercial purposes.
Sec. 8-7. - Dead animals.
(a) A person commits an offense if he intentionally or knowingly leaves the carcass of any
animal that died in his possession on any street, alley or at any other place within the
city limits.
(b) In any prosecution authorized by this section, if the animal died while running at large,
the animal shall be presumed to have died in the possession of its owner.
Sec. 8-8. -Wild and exotic animals.
(a) A person commits an offense if he intentionally or knowingly keeps or has in his
possession or under his control, within the city, any wild animal.
(b) A person commits an offense if he intentionally or knowingly keeps, maintains or has in
his possession or under his control, within the city, any of the following animals:
(1) All poisonous animals, including rear-fang snakes;
(2) Apes(Pongidae); chimpanzees(Pan); gibbons (Hylobatidaes); gorillas (Gorilla);
orangutans(Pongo); and siamangs(Hylobatidaes or Symphalangus);
(3) Baboons (Papio; Mandrillus);
(4) Bears(Ursidae);
(5) Bison (Bison);
(6) Cheetahs(Acinonyx jubatus);
(7) Crocodilians(Crocodylus), 30 inches in length or mare;
(8) Constrictor snakes, five feet in length or more;
(9) Coyotes(Canis latrans);
(10) Deer(Cervidae), including white-tailed deer, elk, antelope or moose;
(11) Elephants(Elephantidae);
(12) Gamecocks and other fighting birds;
(13) Hippopotami(Hippopotamidae);
(14) Hyenas (Hyaenidae);
(15) Jaguars(Panthera [Fells]onca), leopards(Panthera [Fells] pardus), lions
(Panthera [Felis] leo)or tigers (Panthera [Fells]tigris);
(16) Lynxes(Lynx);
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(17) Monkeys, old world (Cercopithecid,ae);
(18) Ostriches(Struthio)and emus(Dr6miceius novae hollandiae);
(19) Piranha fish(Characidae);
(20) Pumas(Feliis concolor), also known as cougars, mountain lions or panthers;
(21) Rhinoceroses(Rhinocerotidae);
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(22) Sharks(class Chondrichthyes);
(23) Wolves(Canis lupus);
(24) Ocelots;
(25) Bobcats;
(26) Servals;
(28) Jackals; or
(29) Any hybrid of any animal listed.
Sec. 8-9. -Animals left in vehicles.
It shall be unlawful to leave an animal in the enclosed portion of a vehicle for any length of time
when the outside temperature is above 75 degrees Fahrenheit and the animal is showing signs of
distress.
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Sec. 8-10. - Interference.
It shall be unlawful for any person to interfere with, hinder, or molest any animal control officer or
police officer in the performance of any duty delegated under this chapter, or seek to release any
animal taken and held in custody under provisions of this chapter. Additionally, it shall be unlawful to
tamper with or release an animal from any trap or device set by the animal control authority or police
officer.
t Sec. 8-11. - Penalty.
Any person violating any of the provisions Of this chapter that do not provide for a
penalty shall be deemed guilty of a misdemeanor, 41 nd each such person shall be deemed guilty
of a separate offense for each and every day, or portion thereof, during which any violation or
any of the provisions of this chapter is committed, ontinued or permitted, and upon conviction
of any such violation such person shall be punishe by a fine of not more than $500.00.
Secs. 8-12-8-34. - Reserved
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ARTICLE II. - RABIES PROTECTION r
Sec. 8-35. - Vaccinations.
Sec. 8-36. - Report of rabies.
Sec. 8-37. - Quarantine procedure. j
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Sec. 8-38. - Pathological examination.
Sec. 8-39. - Designation of local health authorh
Secs. 8-40-8-66. - Reserved.
Sec. 8~35. ~ Vaccination$.
/8\ Every dog, cat or domestic ferret over four months of age must wear a collar to which is
affixed a metal rabies vaccination tag issued bya state licensed veterinarian.The tag
must bH numbered and bear the vaccination year and the name and address ofthe
issuing veterinarian.
(b) A person commits an offense if he intentionally or knowingly owns or possesses an
animal that has not been immunized with an antirabies vaccine in the preceding 12
nn0DthS.
(C) |n any prosecution authorized by this section where proof io presented that the animal
was not wearing a tag indicating rabies immunization within the preceding 12m0ntha,
such animal shall ba presumed not tU have been immunized within the preceding 12
months with on antirabies vaccine.
(d) It shall be a defense to any prosecution under this section if the person accused of the
offense presents a certificate of vaccination issued by the person administering the
antirabies vaccine on a date not more than 12 months prior to such date of the offense.
(e) |t shall be aO affirmative defense b]any prosecution under this section if:
(1) The animal was less than four months old on the date 0f the offense; or
(2) The animal iaOf@ species not susceptible b}rabies.
State law reference—State vaccination requirements,M.C.A., Health and Safety Code §
826.021; municipalities may adopt more stringent requirements,V.T.C.A., Health and Safety Code
§8I6D15/a>.
See. 8~36^ ~ Report of rabies,
(m) It shall be the duty of every licensed veterinarian to report to the animal control
department his diagnosis of any animal observed bv him 3s a rabies suspect.
(b) It shall be the duty of every physician to report to the animal control department the
names and addresses uf persons treated for bites Or scratches inflicted by animals.
Sec. 8.37. . Quarantine procedure.
(o) Any animal reasonably believed to have bitten, clawed or scratched a person shall be �
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quarantined for the subsequent ten days.The owner Of such animal shall immediately
notify the animal control department and fully cooperate with all reasonable
precautionary procedures.
(b) |f the animal was not running Gt large when such person was bitten, clawed, or
scratched, and if such animal had been rabies immunized within the preceding 12
months, then the owner shall quarantine the animal. Otherwise, quarantining shall be at
one of the following places:
(1) A licensed animal hospital at the expense of the owner, upon the owner's
request; or
(2) Aj the city animal shelter.
(u) Upon the demand made by the animal control department, a person commits mnoffense
if the person fails to surrender any animal which has bitten a human or another animal
which is reasonably believed to have bitter, clawed or scratched a human, or which is
suspected of having been exposed to rabies, for quarantine,
(d) The quarantined animal may be reclaimed by the owner if adjudged free of rabies, upon
payment of the fees set forth in section 8-67, and upon compliance with the vaccination
provisions of this chapter,
(e) A culpable mental state is not required as tin element of an offense under this chapter.
Sec. 8-38. - Pathological examination.
When an animal under quarantine, diagnosed by a licensed veterinarian as being rabid
or suspected of being rabid, dies while under obsellrvation, the animal control department shall
immediately send the head of such animal to the nearest state department of health laboratory
at the owners expense.
Sec. 8-39. - Designation of local health authority.
The City Animal Control Officer of the city i is hereby designated as the local health
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authority for purposes of the Texas Rabies Control!and Eradication Act.
Secs. 8-40-8-66. - Reserved.
ARTICLE III. - IMPOUNDMENT
Sec. 8-67. - Poundage and boarding fees.
Sec. 8-68. - Redemption of impounded animal.::
Sec. 8-69. - Sale or destruction of impounded gnimals.
Sec. 8-70. - Public records of impounding reauji-ed.
Secs. 8-71-8-85. - Reserved.
Sec. 8-67. - Poundage and boarding fees.
Fees, as established by ordinance from tim�to time, shall be charged as poundage and
boarding for the impoundment of animals as hereinj provided.
Sec. 8-68. - Redemption of impounded animal.
(a) All animals bearing tags or other evidence i dicating current vaccination shall be held
by the city for four days after their capture a, d impoundment. All other animals shall be
held for three days. After the respective per ods of time indicated in this subsection, all
such animals shall become subject to sale r destruction under the terms of this
chapter.
(b) The owner of any animal impounded under he provisions of this chapter may redeem
such animal by paying the poundage and b arding fees,together with the cost of
advertising, if any, and providing proof of cu rent vaccination and license fee, if any,
(c) The owner of any animal impounded and sold under the provisions of this chapter may
redeem it by paying to the purchaser double the amount paid by the purchaser for such
animal, plus his reasonable expenditures for keeping it; provided, however, that if the
owner does not redeem the animal within 60 days of sale by the city, the animal
becomes absolute property of the purchaser.
(Code 1961, §6.03.02; Ord, No, 80-29. 8-5-19801)
Sec. 8-69. - Sale or destruction of impounded animals.
(a) Any animal impounded under the provisions of this chapter not redeemed by the owner
thereof, within the time required by this chapter, shall be and is hereby declared to be a
public nuisance. After such period of redemption, the city reserves the right to sell or
destroy all such animals. The animal control department may destroy any impounded
animal that is unclaimed or unredeemed.
(b) The city shall sell fowl impounded under this chapter at public auction for cash to the
highest bidder, after giving ten days' notice of such sale, by posting such notice within
the city at three public places, for the period of more than ten days prior to such sale.
(c) A dog or cat eligible for sale may be purchased from the city for a fee, as established by
ordinance from time to time. As a condition of sale, the prospective owner must have
the animal vaccinated and licensed.
Sec. 8-70. - Public records of impounding required.
Immediately after impounding any animal hereunder, it shall be the duty of the animal
control officer to enter upon the records of his office, in a book to be kept by him for such
purposes, the date of impounding, a description of the animal impounded and a record of
vaccination tags and/or other means of identification. Such records shall also reflect whether
each impounded animal is thereafter redeemed, sold or destroyed.
Secs. 8-71-8-85. - Reserved.
ARTICLE IV. – DANGEROUS ANIMALS
Sec. 8-86. - Definitions.
Sec. 8-87. – Defense against attack.
Sec. 8-88. - Exception.
Sec. 8-89. – Unattended guard dog prohibited.
Sec. 8-90.—Dangerous animal impoundment.
Sec. 8-91. – Court proceedings against animal owner.
Sec. 8-92. – Knowledge of ownership of dangerous animal.
Sec. 8-93. – Investigation.
Sec. 8-94. –Appeal
Sec. 8-95. – Court findings; release of an animal under this section.
Sec. 8-96. –Requirements for owner of a dangerous animal.
Sec. 8-97. – Registration.
Sec. 8-98. – Replacement of Registration Tag.
Sec. 8-99. -Attacks by dangerous animals.
Sec. 8-100. –Violations.
Sec. 8-101. –Defense.
Secs. 8-102-8-115. - Reserved.
Sec. 8-86. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context;clearly indicates a different meaning.Any
words, terms and phrases which are not specifically defined in this section shall have the meanings
ascribed to them in definitions.
Dangerous animal shall mean an animal that:
(1) Makes an unprovoked attack on aperson or other animal that causes bodily
injury and occurs in a place other than an enclosure in which the animal was
being kept; such enclosure being reasonably! secure and certain to prevent the
animal from leaving the enclosure b, n its own; or
(2) Commits unprovoked acts, in a vicious or terrorizing manner, or approaches any
person or other animal in an apparent attitude of attack, whether or not the
attack is consummated or capable',of being consummated, such acts being
committed in a place other than an enclosure in which the animal was being
kept and such enclosure being reasonably secure and certain to prevent the
animal from leaving the enclosure on its own, and those acts cause a person to
believe that the animal will attack nd cause bodily injury to that person.
Secure enclosure shall mean a fenced area or strcture that is:
(1) Locked;
(2) Capable of preventing the entry of'the general public, including children;
(3) Capable of preventing the release or escape of an animal;
(4) Clearly marked as containing a dangerous animal by posting dangerous signs
on all sides of the enclosure;
(5) Is tall enough or covered so that the animal cannot climb out; and
(6) Has a perimeter structure which p vents the animal from digging out or going
under the side fence or wall.
Unprovoked attack or act shall mean an attack or let by an animal which took place even
though the person attacked did not do anything to cause or encourage the attack or act.
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Sec. 8-87. –Defense against attack.
Upon attack by a dangerous animal, the animal c ntrol authority may defend himself or herself,
a complainant or property at the officers discretion, taking such means as necessary in that situation.
Sec. 8-88. - Exception.
Dogs maintained lawfully as guard dogs or attack dogs, as defined herein, shall not be included
in the definition of "dangerous animal." As used in this section the term "guard dog or attack dog"
means any dog intended to attack intruders that has completed such professional training and is so
certified, or has been comparably trained, such that its attack can be stopped on command.
Sec. 8-89. -Unattended guard dog prohibited.
It shall be unlawful for any person to leave any guard dog unattended in any place inside any
commercial property unless a warning sign has been placed in a clearly visible location at the premises.
The warning sign shall be located so that it can be seen by any person before entering the place to
which the dog has access, warning that a guard dog or attack dog is present. It shall be unlawful for
any person to leave any guard or attack dog unattended in a place outside a building except in a fenced
yard, with a fence adequate to prevent the dog from leaving the premises. The warning sign shall be
placed in a clearly visible location at the premises, located so that it can be seen by any person before
entering the place to which the dog has access, warning that a guard dog or attack dog is present.
Sec. 8-90. -Dangerous animal impoundment.
Any dangerous animal not in compliance herewith may be taken into custody by the animal
control officer or licensed peace officer and impounded in the animal shelter for a period of not less
than three days. When an animal is found to be in violation of this section and its ownership is known to
the animal control officer or licensed peace officer investigating, such animal need not be impounded if
no human injury has occurred but such authority may issue a complaint and summons to the owner to
appear in municipal court to answer the charges of violation of this article.
Sec. 8-91. -Court proceedings against animal owner.
If a dangerous animal is impounded, the animal control authority may institute proceedings in
the municipal court on behalf of the city, against the animal owner, if known. Nothing herein shall be
construed as preventing the animal control authority, a licensed peace officer, or a complaining citizen
from instituting a proceeding in the municipal court for violation of this section when there has been no
impoundment.
Sec. 8-92. -Knowledge of ownership of dangerous animal.
A person learns that he or she is the owner of a dangerous animal when the owner knows of an
attack described in the definition of dangerous animal, or the owner is informed by the animal control
authority that the animal is a dangerous animal.
Sec. 8-93. -investigation.
If a person reports an incident described in the definition of a dangerous animal the animal
control authority may investigate the incident. If after receiving the sworn statement of any witness, the
animal control authority determines the animal is a dangerous animal, it shall notify the owner of that
fact.
Sec. 8-94. -Appeal.
An owner, not later than the 15th day after the date the owner is notified that an animal owned
by the owner is a dangerous animal may appeal the determination of the animal control authority to the
municipal court. An owner may appeal the decision of the municipal court in the same manner as
appeal for other cases from municipal court
Sec. 8-95. -Court findings; release of an animal under this section.
(a) If a complaint has been filed in the municipal court against the owner of an animal
impounded for violation of this article,whether filed by a complaining citizen or by the
animal control authority or a licensed peace officer, the animal shall not be released
from impoundment or disposed of except on the order of the municipal judge,who may
also direct the owner to pay all impoundment fees, boarding fees, and treatment
charges in addition to any penalties for violation of this section.
(b) The municipal judge may, upon making a finding that such animal is fierce or vicious,
pursuant hereto, order the animal to be destroyed in a humane manner under the
supervision of the animal control authority. :,
(c) Surrender of an animal by the owner from t e
there ff to the animal control authority shall not
relieve or render the owner immune decision of the court or from fees and fines
which may result from a violation of this aie.
Sec. 8-96. -Requirements for owner of a dangerous animal.
Not later than the 30th day after a person learns th at the person is the owner of a dangerous
animal,the person shall:
(1) Registration. Register the dangerous animal with the animal control authority for the
area in which the animal is kept;
(2) Restraint. Restrain the dangerous animal at,all times on a leash in the immediate
control of the person or in a secure enclosure;
(3) Collar and tag. Place a collar on the dangerous animal marked with a dangerous tag
issued annually by the animal control authortity when the animal is registered; and
(4) Liability insurance. Obtain liability insurance:,coverage or show financial responsibility in
an amount of at least$100,000.00 to cover damage resulting from an attack by the
dangerous animal causing bodily injury to a person.
Sec. 8-97. Registration.
(a) The animal control authority shall annually r gister a dangerous animal if the owner:
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(1) presents proof of:
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(a) Liability insurance or financi responsibility as required by the above
a s animal
requirements for owner tl I
(b) Current rabies vaccination of the dangerous animal;
(c) The secure enclosure in whi h the dangerous animal will be kept; and
(d) A color photograph of the ani at; and
(2) pays an annual registration fee of$501
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(b) The animal control authority shall provide the'owner registering a dangerous animal a
registration tag.The animal must wear the registration tag at all times.
(c) If the owner of a dangerous animal sells the animal or moves to a new address, the
owner, not later than the 14th day after the date of the sale or move, shall notify the
animal control authority.
(d) An owner of a dangerous animal shall notify the animal control authority, where the
dangerous animal is located, of any attacks the dangerous animal makes on people or
other animals.
Sec. 8-98. -Replacement of Registration tag
(a) The animal control authority must be notified within 5 days in the event that the
registration tag is lost or destroyed.
(b) The animal control authority will replace the lost or damaged tag for a fee of$10.
Sec. 8-99. -Attacks by dangerous animals.
(a) A person commits an offense if the person is the owner of a dangerous animal and the
animal makes an unprovoked attack on another person or animal outside the animal's
enclosure and causes bodily injury to the other person or animal.
(b) If a person is found guilty of an offense under this section, the court may order the
dangerous animal destroyed in a humane manner by the local animal control authority,
animal shelter, or a licensed veterinarian.
(c) In addition to criminal prosecution, a person who commits an offense under this section
is liable for a civil penalty as provided by state law. An attorney having civil jurisdiction in
the county or an attorney 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 county or municipality.
Sec. 8-100. -Violations.
A person who owns or keeps custody or control of a dangerous animal commits an offense if
the person fails to comply with Registration.
Sec. 8-101. -Defense.
It is a defense to prosecution under Attacks by Dangerous animals or Violations that the person
charged is:
(1) A veterinarian, a peace officer, a person employed by a recognized animal shelter, or a
person employed by the state or a political subdivision of the state to deal with stray
animals and has temporary ownership, custody, or control of the animal connected with
that position.
(2) It is a defense to the prosecution under Attacks by Dangerous animals or Violations
that the person is an employee of the institutional division of the Texas Department of
Criminal Justice or a law enforcement agency and trains or uses animals for law
enforcement or corrections purposes.
(3) It is a defense to prosecution under Attacks by Dangerous animals or Violations that the
person is employed by a recognized animal shelter, or a person is employed by the
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state or a political subdivision of the state to deal with stray animals and has temporary
1 ownership, custody, or control of the animal in connection with that position.
j (4) It is a defense to prosecution under Attac s_by Dangerous animals or Violations that
the person is an animal trainer or an empl yee of a guard dog company under the
Private Security Act, V.T.C.A., Occupations Code ch. 1702.
Secs. 8-102-8-115. - Reserved.
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