When used in this chapter, the definitions found in title 10 of the Texas Health and Safety Code shall apply. (Ordinance 2010-07-01, sec. II, adopted 7/7/10; Ordinance 2011-01-02, sec. II, adopted 1/3/11; Ordinance 2015-01-01, sec. II, adopted 1/14/15)

To the extent permissible, the village hereby adopts the provisions of chapters 822 and 826 of the Texas Health and Safety Code, as may be amended from time to time by the legislature. If any conflict exists between this chapter and state statute, the state statute shall prevail. (Ordinance 2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11; Ordinance 2015-01-01, sec. III, adopted 1/14/15)

State law references–Regulation of animals, V.T.C.A., Health and Safety Code, ch. 822; rabies, V.T.C.A., Health and Safety Code, ch. 826.

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined in accordance with the general penalty provided in section 1.01.009 of this code plus court costs and administration fees as applicable. Each day that a provision of this chapter is violated shall constitute a separate offense. An offense under this chapter is a misdemeanor.
3. Civil remedies. Nothing in this chapter shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter;
   2. A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this chapter and after receiving notice committed acts in violation of this chapter or failed to take action necessary for compliance with this chapter; and
   3. Other available relief.

(Ordinance 2010-07-01, sec. VI, adopted 7/7/10; Ordinance 2011-01-02, sec. VI, adopted 1/3/11; Ordinance 2015-01-01, sec. VII, adopted 1/14/15; Ordinance adopting Code)

Animal control fees are as set forth in the fee schedule in appendix A of this code. (Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code)

1. Registration of dogs
   1. Registration requirement. The owner of a dog or a person caring for or harboring a dog over the age of four (4) months which resides in the village for a period of thirty (30) days or more shall register such dog with the village.
   2. Registration process and certificate.
      1. Any person registering a dog shall submit an application, a photograph of such dog, and proof of current rabies vaccination and shall pay the registration fee as determined by the council.
      2. Upon submission of a complete application, the village shall issue a registration certificate to applicant. Such certificate shall be valid for the life of the dog, subject to the change of ownership requirements provided for in this chapter.
      3. Each registration certificate shall state the following:
         1. The name, address, and telephone number of the owner or care provider of the dog;
         2. The name, address, and telephone number of an alternate person responsible for the dog (if requested by the applicant);
         3. A description of the dog for which the registration is issued;
         4. The name of the dog for which the registration is issued; and
         5. The number of the tag issued for the dog.
      4. The registrant shall be required to submit to the village an updated photograph if there is significant change in the dog's appearance.
      5. The registrant shall be required to submit to the village updated proof of current rabies vaccination within thirty (30) days of expiration of prior rabies vaccination.
   3. Registration tag.
      1. The village shall provide a registration tag to the applicant for each dog the village registers.
      2. The applicant shall ensure the dog has its registration tag affixed to the dog's collar at all times the dog is not located inside a dwelling..
      3. If the registration tag is lost or destroyed, the owner of, or the person caring for or harboring, the registered dog shall apply to the village for a new tag by presenting the dog’s registration certificate and paying the fee as determined by the council.
   4. Change of ownership of dog. Within (30) days of any change in ownership of a registered dog under this section, the new owner shall transfer the dog’s registration certificate to the new owner's name by submitting a registration application and paying the fee as determined by council.
   5. Control of visitor's dogs. Nonresident workers, service personnel or visitors entering the village shall obtain permission from the owner or person in control of property before permitting a dog to enter upon such property. Such workers, personnel, or visitors shall ensure that their dogs have up-to-date rabies vaccinations and current rabies tags and shall keep their dogs physically restrained to the premises or under direct physical control when working, performing a service or visiting.
2. Rabies vaccination requirements.
   1. The owner of a dog or a person caring for or harboring a dog within the village limits shall have such dog vaccinated against rabies before the dog is four (4) months of age and revaccinated once every year for a one-year vaccine and once every three years for a three-year vaccine.
   2. The owner of, or a person caring for or harboring, a dog of four (4) months of age or older within the village limits shall maintain a vaccination certificate issued by a veterinarian evidencing the status of the dog's rabies vaccination.
   3. The owner of, or person caring for or harboring, a dog of four (4) months of age or older residing within the village for a period of thirty (30) days or more shall ensure the dog has its vaccination tag affixed to the dog's collar at all times the dog is not located inside a dwelling.
      

(Ordinance 2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11; Ordinance 2015-01-01, sec. IV, adopted 1/14/15)

State law references–Registration of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.031 et seq.; rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq.

It shall be unlawful for any person to own, harbor, or keep a dog over four (4) months of age for which the village has not issued a current and unrevoked registration certificate. (Ordinance 2010-07-01, sec. IV(A), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(A), adopted 1/3/11; Ordinance 2015-01-01, sec. V(A), adopted 1/14/15; Ordinance adopting Code)

It shall be unlawful for any person to own, harbor or keep a dog over four (4) months of age that has not been vaccinated against rabies within the preceding twelve (12) months by a veterinarian. (Ordinance 2010-07-01, sec. IV(B), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(B), adopted 1/3/11; Ordinance 2015-01-01, sec. V(B), adopted 1/14/15; Ordinance adopting Code)

It shall be unlawful for the owner of any dog regulated by this chapter to permit such dog to be off of the owner’s premises without a collar securely fastened to the dog. (Ordinance 2010-07-01, sec. IV(C), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(C), adopted 1/3/11; Ordinance 2015-01-01, sec. V(C), adopted 1/14/15; Ordinance adopting Code)

It is unlawful for any person to allow a dog to run at large within the village limits. An exception is made for the Point Venture Property Owners Association park property, where dogs can be unleashed if under the supervision of their owner or caretaker. The dog must be kept at least 100 feet away from other people or domestic animals. If the distance from the dog to other people or domestic animals becomes less than 100 feet then the leash law requirements apply again and the dog is considered to be “at large” if left unleashed within 100 feet. (Ordinance 2010-07-01, sec. IV(D), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(D), adopted 1/3/11; Ordinance 2015-01-01, sec. V(D), adopted 1/14/15; Ordinance adopting Code)

State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033

It is unlawful for any owner of a dog within the village limits to allow the same to attack or bite a person or domestic animal (that lawfully has the right to be where he, she, or it is) without provocation and off of the owner’s premises. It is unlawful for the owner to allow the dog to commit acts that cause a person to reasonably believe that the dog will attack and cause bodily harm to the person or domestic animal (that lawfully has the right to be where he, she or it is). (Ordinance 2010-07-01, sec. IV(E), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(E), adopted 1/3/11; Ordinance 2015-01-01, sec. V(E), adopted 1/14/15; Ordinance adopting Code)

It shall be unlawful for the owner of any dangerous dogs to fail to directly physically control the dangerous dog at all times. For purposes of this section, “directly physically control” means to either control by leash, cord, chain, or other similar means of physical restraint of a maximum length of six (6) feet (when the animal is on the owner’s premises), or to confine said animal within an enclosure adequately constructed and maintained to ensure continuous physical restraint, or in such other manner as to ensure that the animal does not leave the owner’s premises. (Ordinance 2010-07-01, sec. IV(F), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(F), adopted 1/3/11; Ordinance 2015-01-01, sec. V(F), adopted 1/14/15)

State law reference–Requirements for owner of dangerous dog, V.T.C.A., Health and Safety Code, sec. 822.042.

1. The regulations concerning the restraint of dogs imposed by Chapter 821, Subchapter E of the Texas Health and Safety Code shall apply to the restraint of dogs in the village.
2. A person may not restrain a dog while attended or unattended in a manner that allows the dog to move outside the person’s property.
(Ordinance 2010-07-01, sec. IV(G), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(G), adopted 1/3/11; Ordinance 2015-01-01, sec. V(G), adopted 1/14/15)

State law reference–Unlawful restraint of dog, V.T.C.A., Health and Safety Code, sec. 821.076 et seq.

It is unlawful for any owner of a dog within the village limits to permit or allow that animal to defecate upon any public place or upon any improved property not owned or controlled by the dog’s owner, unless such waste is promptly removed by the owner; however, nothing herein contained authorizes such person to enter upon the private property of another without permission. (Ordinance 2010-07-01, sec. IV(H), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(H), adopted 1/3/11; Ordinance 2015-01-01, sec. V(H), adopted 1/14/15)

It shall be unlawful for any person to own, keep, or harbor a dog in such a way that creates a dog nuisance as defined in this chapter. (Ordinance 2010-07-01, sec. IV(I), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(I), adopted 1/3/11; Ordinance 2015-01-01, sec. V(I), adopted 1/14/15)

It is unlawful for any person to knowingly and intentionally interfere with the village animal control officer while in the lawful discharge of his/her duties as prescribed in this chapter. (Ordinance 2010-07-01, sec. IV(J), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(J), adopted 1/3/11; Ordinance 2015-01-01, sec. V(J), adopted 1/14/15)

It shall be unlawful for any person to knowingly or intentionally overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate, needlessly kill, carry or confine in or upon any vehicle in cruel or reckless manner, or otherwise mistreat or neglect any animal or cause or procure it to be done, or, having the charge or custody of any animal, fail to provide it with proper food, drink, or protection from the weather or abandon it. (Ordinance 2010-07-01, sec. IV(K), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(K), adopted 1/3/11; Ordinance 2015-01-01, sec. V(K), adopted 1/14/15; Ordinance adopting Code)

State law references–Cruelty to livestock animals, V.T.C.A., Penal Code, sec. 42.09; cruelty to nonlivestock animals, V.T.C.A., Penal Code, sec. 42.092.

1. It shall be unlawful for any person having charge or custody of an animal, as owner or otherwise, to place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle or trailer under such conditions for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or water or such other circumstances as may reasonably be expected to cause suffering, disability or death.
2. Any police officer or animal control officer finding an animal in a motor vehicle or trailer in violation of this section is authorized to obtain a locksmith or break and enter the vehicle or trailer, at the owner’s expense if necessary, to remove the animal. Neither the individual police officer, the animal control officer nor the village shall be liable for any resulting damage to the vehicle or trailer.
3. Removed animals will be impounded at the animal control shelter for safekeeping. Owners may reclaim their animals upon payment of all reasonable charges or fees that accrue for removal and maintenance of the animal plus impoundment fees.
4. At the time the animal is removed from the vehicle or trailer, the officer shall leave a written notice bearing his/her name and office and the address where the animal may be claimed. The animal will be retained for three (3) days, and if not claimed will be disposed of by adoption or, if that is not feasible, euthanasia by a licensed veterinarian.

(Ordinance 2010-07-01, sec. IV(L), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(L), adopted 1/3/11; Ordinance 2015-01-01, sec. V(L), adopted 1/14/15; Ordinance adopting Code)

It shall be unlawful for any person to poison any dog, cat or other domestic pets or to distribute poison in any manner whatever with the intent or for the purpose of poisoning any dog, cat or other domestic pets. (Ordinance 2010-07-01, sec. IV(M), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(M), adopted 1/3/11; Ordinance 2015-01-01, sec. V(M), adopted 1/14/15; Ordinance adopting Code)

1. Violation; Declaration of Nuisance. It shall be unlawful for any person to keep or harbor an animal which by loud, frequent or habitual barking, howling, whining or screeching causes annoyance that interferes with another person's enjoyment or rightful use of his or her property. Unreasonable barking, howling, whining or screeching noises are defined as a nuisance whether the animal is on the animal owner's premises or not. For purposes of this section, the term "frequent or habitual barking, howling, whining or screeching" shall mean continuous barking, howling, whining or screeching for a duration of at least fifteen (15) minutes.
2. Affirmative Defense. It shall be an affirmative defense to prosecution that the noise occurred when a person was trespassing or threatening to trespass upon private property in which the animal is kept.
3. Complaints. Any person who believes there has been a violation of this section shall have the right to file a complaint against the owner or keeper of such animal with Village Code Enforcement at the Village Office, which may be adjudicated in the municipal court of the Village of Point Venture. Any complaints filed with municipal court must be supported by a signed complaint by a person other than a Village Code Enforcement officer.

1. Designation of local rabies control authority. For purposes of this chapter, the animal control officer (ACO) is designated as the local health authority for the village. The ACO may delegate such authority to persons that he or she finds appropriate as needed to effectuate the provisions of this chapter. (Authority, Texas Health & Safety Code 826.017)
2. General duties of animal control officer. The ACO shall issue warnings or citations to owners of animals that own or keep animals in violation of this chapter. The ACO may impound animals that are owned or kept in violation of this chapter and take such dogs to the village kennels, and, as soon as practicable, notify the dog’s owner to claim the animal before the dog is delivered to the contract veterinarian. Any animal impounded under this chapter shall be supplied with sufficient wholesome food and water during the confinement.
3. Disposition of impounded animals. The owner or designee (permission in writing) must take custody of impounded animal(s) on or before 72 hours from the impound date or the animal(s) will become the property of the village. In the event the animal(s) are not picked up and/or no arrangements have been made within the 72-hour impoundment period, the owner is still liable for the charges and all expenses related to impounded animal(s) and the animal(s) could be subject to adoption or euthanasia if required.
4. Additional impoundment authority. The ACO is authorized and empowered to enter upon any land within the village limits and to use reasonable means to take up and impound:
   1. Any dog which is not being kept physically restrained from leaving the premises of its owner or handler;
   2. Any dog suspected of being infected with rabies;
   3. Any dangerous dog kept in violation of this chapter;
   4. Any dog known to have caused the injury or death of another domestic animal.
5. Duties regarding dogs that bite or scratch persons or domestic animals or exhibit rabid characteristics.
   1. The ACO shall investigate all reports and notifications regarding any dog that has bitten or scratched a person or another domestic animal and/or is suspected of being rabid;
   2. The ACO shall use reasonable means to immediately impound any dog he or she believes is rabid or has exposed a person or another animal to rabies; and
   3. The ACO shall deliver impounded dogs that he or she believes are rabid or have exposed a person or another animal to rabies to the contract veterinarian to be quarantined and evaluated for at least ten (10) days.
6. Collection of impoundment fees. The ACO or designated representative shall collect impoundment fees as specified by the village council, for all animals that are placed into impoundment.
7. Duties regarding persistently stray dogs. If a dog is found to be persistently at large with no registration and no owner can be identified, the ACO may impound the dog and transport it to a holding facility from which it can be reclaimed, adopted, or, as a last resort, euthanized.

(Ordinance 2010-07-01, sec. V(A), adopted 7/7/10; Ordinance 2011-01-02, sec. V(A), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(A), adopted 1/14/15; Ordinance adopting Code)

The animal control officer shall comply with all training requirements set out by state law, including but not limited to those contained in chapter 829 of the Texas Health and Safety Code. (Ordinance 2011-01-02, sec. V(J), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(J), adopted 1/14/15)

1. Citizen’s reporting of dogs that have bitten or scratched persons or shown rabid characteristics; duties of owner.
   1. Any person that is bitten or scratched or has knowledge of another person that is bitten or scratched by a dog in the village limits and reasonably believes that such bite or scratch could transmit rabies shall immediately report the incident to the ACO.
   2. Any person that suspects a dog has rabies in the village limits shall immediately report the animal to the ACO.
   3. The reports required under subsections (1) and (2) shall include the name and address of any victim and of the dog’s owner, if known, and any other data which may aid in locating the victim or the animal.
   4. The owner of an unvaccinated dog within the village limits that knows or suspects that his or her dog is rabid or has exposed a person or another animal to rabies, or to whom these conditions have been reported, shall, upon learning of such condition or exposure:
      1. Immediately confine the animal;
      2. Promptly notify the ACO of the place of confinement and the reasons for the confinement;
      3. Prevent the dog from coming into contact with any person or other animal; and
      4. Submit the dog for quarantine to the ACO.
2. Procedures for veterinarian quarantine. At the request and expense of the animal’s owner, and with the consent of a veterinarian, quarantines required by this chapter may be conducted at facilities maintained by and under the supervision of a veterinarian other than the contract veterinarian if the veterinarian submits written reports to the ACO as to the dog’s health on the initial day of the quarantine and on the fifth (5th) and tenth (10th) days thereafter.
   1. If the veterinarian determines that a quarantined dog does not show the clinical signs of rabies, the dog may be released to its owner following the quarantine period if:
      1. The owner has an unexpired rabies vaccination certificate for the dog; or
      2. The dog is vaccinated against rabies by a veterinarian at the owner’s expense.
   2. The veterinarian shall not release any dog under this section until the ACO receives a certificate signed by the veterinarian certifying that in his or her professional opinion the dog is free of transmissible rabies, and that it has been given any and all required rabies vaccinations.
   3. In the event any veterinarian confines any animal under the provisions of this section, and the owner of such dog fails or refuses to claim the dog or fails to have any required vaccinations within three (3) days of the expiration of the quarantine period, the veterinarian shall release such dog into the custody of the village to be delivered to the contract veterinarian to be handled and disposed of in accordance with state law.
   4. If the veterinarian determines that a quarantined dog shows the clinical signs of rabies, he or she shall report such fact to the ACO, who shall authorize the humane destruction of the dog.
   5. If a dog dies or is destroyed while in quarantine, the ACO shall authorize the removal of the head or brain of the dog for submission to the department of state health services for testing.
3. Refusal or failure to present dog for rabies quarantine or testing. It is unlawful for any person to fail or refuse to quarantine or present for rabies testing a dog that is required to be placed into quarantine or for rabies testing as prescribed in this chapter.

(Ordinance 2010-07-01, sec. V(B), adopted 7/7/10; Ordinance 2011-01-02, sec. V(B), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(B), adopted 1/14/15; Ordinance adopting Code)

State law reference–Rabies reports and quarantine, V.T.C.A., Health and Safety Code, sec. 826.041 et seq.

1. Not currently vaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be:
   1. Humanely killed; or
   2. If sufficient justification for preserving the dog exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for ninety (90) days, and given booster vaccinations during the third (3rd) and eighth (8th) weeks of isolation. For young animals, additional vaccinations may be necessary to ensure that the animal receives a least two (2) vaccinations at or after the age prescribed by the United States Department of Agriculture for the vaccine administered.
2. Currently vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be:
   1. Humanely killed; or
   2. If sufficient justification for preserving the dog exists, the exposed vaccinated animal shall be given a booster rabies vaccination immediately and placed in strict isolation for forty-five (45) days.
   3. In situations where none of the requirements of this section are applicable, the recommendations contained in the latest edition of the publication titled “The Compendium of Animal Rabies Control,” published by the National Association of State Public Health Veterinarians, should be followed.

(Ordinance 2010-07-01, sec. V(C), adopted 7/7/10; Ordinance 2011-01-02, sec. V(C), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(C), adopted 1/14/15)

State law reference–Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042; release or disposition of quarantined animal, V.T.C.A., Health and Safety Code, sec. 826.043.

1. The owner of any dog which has been impounded for rabies examination, treatment, or disposition pursuant to this chapter shall pay, in addition to the impoundment fees, all reasonable charges incurred by or on behalf of the village in connection with such examination, treatment, or disposition.
2. The owner of any impounded dog not wearing, at the time of such impoundment, a registration tag required by this chapter must provide satisfactory proof of the dog’s vaccination at the time the dog is claimed by the owner to the village before the village may release the dog. If the owner does not provide such vaccination proof to the village, the owner shall pay the village a reasonable vaccination fee in addition to the impoundment fees and fines so that the village may vaccinate the dog before releasing it to the owner. The owner shall also register the dog with the village if the dog has not been previously registered.
3. The village may not release any dog impounded under this chapter until the owner pays the village all applicable costs, fees, and fines. In the event an owner fails to claim its dog or refuses or fails to pay all applicable fees, the village may file a lawsuit against the owner to collect the costs, fees, and fines.

(Ordinance 2010-07-01, sec. V(D), adopted 7/7/10; Ordinance 2011-01-02, sec. V(D), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(D), adopted 1/14/15)

1. A dog that is determined (using state law) by the ACO or peace officer to have caused injury or death to another domestic animal within the village limits may be impounded by the village ACO or the peace officer and delivered to the village contract veterinarian clinic and a court hearing set within thirty (30) days of the date of the incident to determine the disposition of the case.
2. Any dog found by the court to have injured or killed any domestic animal may be ordered to be destroyed by euthanization at the village contract veterinarian clinic.
3. The owner of the dog is responsible for all impound, euthanization, and disposal fees.
4. Any ACO or peace officer that witnesses a dog cause injury or death of another domestic animal is authorized to enter onto any land and destroy the dog on-site.
5. It is a defense if the animal injured or killed did enter an enclosure designed to keep the dog causing the injury or death on its own property and the injury or death occurred in that enclosure.

(Ordinance 2010-07-01, sec. V(E), adopted 7/7/10; Ordinance 2011-01-02, sec. V(E), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(E), adopted 1/14/15)

1. If a person reports an incident in which a dog:
   1. Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept, and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
   2. Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; then the animal control authority may investigate the incident.
2. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, he/she shall notify the owner in writing of that fact.
3. An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, 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 the municipal court.

(Ordinance 2010-07-01, sec. V(F), adopted 7/7/10; Ordinance 2011-01-02, sec. V(F), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(F), adopted 1/14/15)

1. Not later than the thirtieth (30th) day after a person learns that he/she is the owner of a dangerous dog, the person shall:
   1. Register the dog with the village as a dangerous dog and pay, in full, the registration fee as determined by the council;
   2. Restrain the dangerous dog at all times on a leash not longer than six (6) feet, in the immediate control of a person on the owner’s property, or in a secure enclosure on the owner’s property; and
   3. Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 per dog to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept.
2. The owner of a dangerous dog that does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the thirtieth (30th) day after the owner learns that the dog is a dangerous dog.
3. If, on application of any person, a justice court, county court or municipal court finds, after notice and hearing, the owner of a dangerous dog has failed to comply with subsection (a) or (b) above, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
4. The owner shall pay any cost or fee assessed by the village or county related to the seizure, acceptance, impoundment or destruction of the dog. Fees are as established by the village council and as set out in the fee schedule in appendix A of this code.
5. The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority.
6. The court may order the humane destruction of the dog if the owner of the dog has not been located before the fifteenth (15th) day after the seizure and impoundment of the dog.
7. For the purpose of this section, a person learns that the person is the owner of dangerous dog when:
   1. The owner knows of an attack described in section 3.02.031 (determination that a dog is dangerous);
   2. The owner receives notice that a justice court, county court or municipal court has found that the dog is a dangerous dog under section 3.02.031 (determination that a dog is dangerous); or
   3. The owner is informed by the animal control authority that the dog is a dangerous dog.

(Ordinance 2010-07-01, sec. V(G), adopted 7/7/10; Ordinance 2011-01-02, sec. V(G), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(G), adopted 1/14/15)

1. The village shall issue animal annual registration of the dangerous dog if the owner presents proof of:
   1. Liability insurance or financial responsibility;
   2. Current rabies vaccination of the dangerous dog; and
   3. A secure enclosure in which the dangerous dog will be kept.
2. If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth (14th) day after the date of the sale or move, shall notify the village animal control officer of the new address where the dangerous dog is located. If the dog has been moved to a new jurisdiction, the owner of the dangerous dog and the village animal control officer shall notify the animal control authority in the new jurisdiction of the location of the dangerous dog.

(Ordinance 2010-07-01, sec. V(H), adopted 7/7/10; Ordinance 2011-01-02, sec. V(H), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(H), adopted 1/14/15; Ordinance adopting Code)

1. Any declared dangerous dog found to be at large, and not in the vicinity of the dog owner, shall, if possible, be impounded by the village animal control officer or a peace officer. If safety factors do not allow for the safe impoundment of the dangerous dog, the dangerous dog may be destroyed on-site by the village animal control officer or a peace officer.
   1. Upon impoundment of a dangerous dog by the village animal control officer, the dog shall be delivered to the village contract veterinarian or village kennel clinic and a court hearing set within ten (10) days of the date of the incident to determine the disposition of the case.
   2. It is the responsibility of the dangerous dog owner to pay all fees associated with the impoundment and/or euthanization of the dog.
   3. Any dangerous dog found by the court to have been at large may be ordered to be destroyed by euthanization at the village contract veterinarian clinic.
2. Any declared dangerous dog found to have committed an unprovoked attack on a person outside the dog’s enclosure and causing serious bodily injury or death shall be impounded by the village animal control officer or a peace officer and a court hearing set within ten (10) days of the date of the incident to determine the disposition of the case.
   1. If the owner of the dangerous dog is found guilty of an offense under this section, the court shall order the dangerous dog destroyed by euthanization at the village contract veterinarian clinic.
   2. It is the responsibility of the dangerous dog owner to pay all fees associated with the impoundment and/or euthanization of the dangerous dog.

(Ordinance 2010-07-01, sec. V(I), adopted 7/7/10; Ordinance 2011-01-02, sec. V(I), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(I), adopted 1/14/15)