(a)
The provisions of Texas Health & Safety Code Sections 822.001 through 822.005 (Subchapter A), Section 822.011 (Subchapter B), and Sections 822.041 through 822.047 (Subchapter D) are hereby adopted and incorporated in this code as though the same were fully set out herein. Any future modifications of such laws of the State of Texas shall automatically be incorporated herein. References herein to any of said sections will mean the relevant sections of the Health and Safety Code of the State of Texas.
(b)
Whenever in the above incorporated sections reference is made to the animal control officer or authority, it shall refer to the Animal Control Officer or Authority of the City of Caldwell.
(c)
The requirements for a dangerous dog as provided for herein are also applicable to an aggressive animal.
(d)
The time period for compliance with the requirements of [Texas Health & Safety Code] Section 822.042 is hereby amended to seventy-two (72) hours, provided that the animal shall be immediately restrained as required in said section. An owner of a dangerous animal may, as an alternative to the provisions of [Texas Health & Safety Code] Section 822.042, remove the dangerous animal from the City limits of the City or surrender the animal for humane destruction or have the same performed within twenty-four (24) hours after learning that the animal is dangerous or upon quarantine clearance, whichever is later.
(e)
The liability insurance required under [Texas Health & Safety Code] Section 822.042 is to be in an amount of at least $500,000.00 and shall be for bodily injury or property damage.
(f)
Any animal that has been determined to be dangerous, and is not destroyed, shall have inserted into the animal a microchip by a licensed veterinarian within two hundred forty (240) hours from the date the animal is registered with the Animal Control Authority as a dangerous animal, at such owner's expense. The chip shall contain an alphanumeric combination code which code shall be provided to the Animal Control Authority.
(g)
Within two hundred forty (240) hours from the determination that an animal is dangerous, the owner of the animal must furnish proof of microchipping to the Animal Control Authority and make the animal available, at the City's Animal Shelter or local veterinarian clinic, for scanning so the Animal Control Authority can verify the code. Failure to microchip, show proof of microchipping, or make the animal available for scanning shall constitute separate offenses.
(h)
All owners of dangerous animals shall provide to the city two (2) color photographs of the animal in two (2) different poses showing the color and approximate size of the animal.
(i)
The owner of a dangerous animal is required to have the animal wear at all times, the dangerous animal registration tag provided by the Animal Control Authority/Officer.
(j)
No dangerous animal may be kept on a porch, patio, or in any part of a house or structure, even if restrained, that would allow the animal to exit such building of its own volition. In addition, no dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
(k)
No person shall permit a dangerous animal to go outside its secure enclosure unless such animal is securely leashed with an 18" traffic lead. No person shall permit a dangerous animal to be kept on a chain, rope, or other type of leash outside its secure enclosure unless a person is in immediate physical control of the leash. Such animal shall not be leashed to inanimate objects such as trees, posts, or buildings.
(l)
All owners of dangerous animals within the city shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware — Dangerous Animal." The sign is to be no smaller than twelve (12) inches by twelve (12) inches and shall not exceed eighteen (18) inches by twenty-four (24) inches in size. In addition, a similar sign shall be posted on the kennel or pen of such animal.
(m)
All owners of registered dangerous animals shall, within ten (10) calendar days of the occurrence report the following in writing to the Animal Control Authority/Officer:
(n)
The new owner of a dangerous animal shall pay a registration fee established by City Commission, and the Animal Control Authority shall issue a new dangerous animal registration tag.
(o)
An owner of a dangerous animal shall immediately notify the Animal Control Authority of any attack the animal makes on any person or any animal.
(p)
A dangerous animal may be destroyed during an attempt to seize or impound the animal, if impoundment cannot be made with safety, wherever the impoundment is attempted without liability to an owner of a dangerous animal.
(q)
Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must first be filed with the Animal Control Officer containing:
(1)
Name, address and telephone number of complainant and other witnesses;
(2)
Date, time, and location of any incident involving the animal;
(3)
Description of the animal;
(4)
Name, address, and telephone number of the animal's owner, if known;
(5)
A statement describing the facts of death or serious bodily or animal injury upon which such complaint is based; and
(6)
A statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(r)
Dangerous animal sign must be posted on property clearly visible from street views.
(s)
Owner must provide an enclosure approved by the Animal Control Officer with a roof and concrete floor with wire sides to secure the animal according to the size of animal.
(t)
Owner must keep animal on dangerous animal collar and muzzle when out of enclosure.
(u)
After a sworn complaint is filed, it shall be referred to the Animal Control Officer and/or Municipal Court for processing and hearing in accordance with the provisions of the above-referenced sections of the Health and Safety Code of the State of Texas.
(Ordinance 05-2025A adopted 5/20/2025)
