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13 Animal Ordinances discussion
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13 Animal Ordinances discussion
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Last modified
8/10/2006 10:48:19 AM
Creation date
8/10/2006 10:48:10 AM
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AGENDA
Item Number
13
AGENDA - Type
MISCELLANEOUS
Description
Discussion of Animal Ordinances
AGENDA - Date
8/14/2006
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<br /> <br />MAts <br />'ide 10 <br /> <br />animal <br /> <br />)wledge <br /> <br />laintiff's <br />ption of <br /> <br />is the <br /> <br />lr the <br /> <br />ediate <br /> <br />lity in <br />lck by <br />of the <br />nimal <br /> <br />quire- <br /> <br />on (a) <br />h day <br /> <br />unici- <br />:, that <br />)r (b), <br />shall <br />og or <br />ecure <br /> <br /> <br />ity or <br />)f the <br />e the <br /> <br />'stray <br />'1 day <br />The <br />wner <br /> <br /> <br />~ 822.0421 <br /> <br />REGULATION OF ANIMALS <br />Ch. 822 <br /> <br />complies with Subsection (a) before the 11 th day after the date on which the <br />dog is seized or delivered to the authority. <br /> <br />(t) The court may order the humane destruction of a dog if the owner of the <br />dog has not been located before the 15th day after the seizure and impound- <br />ment of the dog. <br /> <br />(g) For purposes of this section, a person learns that the person is the owner <br />of a dangerous dog when: <br /> <br />(1) the owner knows of an attack described in Section 822.041(2)(A) or (B); <br /> <br />(2) the owner receives notice that a justice court, county court, or munici- <br />pal court has found that the dog is a dangerous dog under Section 822.0423; <br />or <br /> <br />(3) the owner is informed by the animal control aUlhority that the dog is a <br />dangerous dog under Section 822.0421. <br /> <br />Added by Acts 1991. nnd Leg.. eh. 916, S t, err. Sept. t. t 991. Amended by Acts t 997. <br />75th Leg., eh. 99, S 2, elf Sept. I. 1997; Aets 1999, 76th Leg.. eh. 96, S t, elf May 17, <br />1999. <br /> <br />Historical and Statutory Notes <br /> <br />Sections 4 and 5 of Acts 1997. 75th Leg,. ch. after the effective date [Sept. 1. 1997J of this <br />99 provide: Act. For purposes or this section, an offense is <br />"Sec. 4. The change in law made by Section committed before the effective date of this Act if <br />I of this Act applies only to a serious bodily any element of the offense occurs before that <br />injury to a person by a dog th;Jt occurs on or date. <br />after September 1. 1997. A serious bodily inju. <br />ry that occurs bdore September I. 1997. is <br />covered bv tbe law in effect althattime. and the <br />former la~v is continucd in dfect for that pur- <br />pose. <br />"Sec. 5. (a) The change in law made by this <br />Act applies only to an olTense com milled on ur <br /> <br />"(b) An olTense commilled before the effec- <br />tive dak of this Act is COH'red by tbe law in <br />efkct when the offense was comlllilled. and the <br />furmer law is continued in effect for that pur- <br />pose." <br /> <br />Library References <br /> <br />39 Am Jur Proof of Facts 3d 133. Plaintiff's <br />Negligence, Provocation, or Assumption of <br />Risk as Defense in Dogbite Case. <br /> <br />Animals C=>4. 66.1. 68. 70. <br />Westlaw Topic No. 28. <br />C.J.S. Animals SS 11 to 14. 172, 176 to 183. <br />186 to 193. 198 to 200, 286 to 289. <br /> <br />Texts and Treatises <br />3 Texas Jur 3d. Ani S 30. <br /> <br />~ 822.0421. Determination That Dog is Dangerous <br /> <br />(a) If a person reports an incident described by Section 822.041(2), the <br />animal control authority may investigate the incident. If, after receiving the <br />SWorn statements of any witnesses, the animal control authority determines the <br />dog is a dangerous dog, it shall notify the owner of that fact. <br /> <br />(b) An owner, not later than the 15th day after the date the owner is notified <br />that a dog owned by the owner is a dangerous dog, may appeal the determina- <br />tion of the animal control authority to a justice, county, or municipal court of <br />competent jurisdiction. An owner may appeal the decision of the justice, <br />507 <br />
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