Chapter 6.20
ANIMAL BITES AND ATTACKS
Sections:
6.20.020 Animal bite and attack incidents – Investigation and classification.
6.20.030 Exceptions to classifications.
6.20.040 Impoundment and written release orders.
6.20.050 Dangerous animals – Mandatory conditions of release.
6.20.070 Nuisance and dangerous animals – Owner’s notification.
6.20.080 Animal classification and written release order review by Houston Animal Control Board.
6.20.090 Nuisance animals – Mandatory conditions of release.
6.20.100 Transfer of ownership of a classified animal.
6.20.110 Preexisting classifications.
6.20.010 Definitions.
A. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Accidental bite or attack” means a bite or an attack which occurs under circumstances that can be deemed as occurring by chance.
“Attack” means violent or aggressive physical contact with a person or animal or violent or aggressive behavior that confines the movement of a person, including but not limited to cornering or circling a person.
“Bite” means the animal, by using its teeth, breaks the skin of a human being or animal.
“Dangerous animal” means any animal which:
1. Has bitten or attacked without provocation a human being whether on public or private property;
2. Has bitten or attacked an animal without provocation whether on public or private property, and caused injuries that require veterinary care. Veterinary care includes treatment performed either by a licensed veterinarian or by a lay person with the skills and knowledge to perform such care or by a lay person under the direction of a veterinarian; or
3. Has caused minor injuries to a person or persons such as, but not limited to, bruising, small lacerations, puncture wounds and abrasions, which do not require the hospitalization of the victim or victims.
“Nuisance animal” means an animal:
1. That has engaged in the following activities:
a. Aggressive posturing,
b. Aggressive lunging, or
c. Barking; and
2. Has by its behavior caused a person to modify, stop or alter the person’s activity; caused a person to fear for a person’s safety from the animal’s behavior; or has caused flight of an animal or disruption of a domestic animal flock or group. The burden of proof in this section shall be one of a reasonable belief by the victim or victim’s owner that the victim was in danger of being attacked as defined in this section, but an actual attack did not occur.
“Provocation” means the teasing, tormenting, abusing or assaulting of an animal to incite the animal to bite or attack.
“Serious injury” means a puncture wound, laceration, avulsion, deep soft tissue or bony injury to a human being or animal requiring medical evaluation and treatment.
“Vicious animal” means any animal which has, without provocation, caused serious injury or death to a human being or animal, whether on private or public property.
6.20.020 Animal bite and attack incidents – Investigation and classification.
A. The Deputy Animal Control Officer shall investigate and report each animal bite or attack incident to the Chief Animal Control Officer. The Chief Animal Control Officer shall classify bite and attack incidents.
1. No other conditions of release shall be required if the incident is classified as accidental, except for the supervised quarantine provisions set forth in HMC 6.24.050, registration requirements set forth in Chapter 6.16 HMC and fee and expense requirements set forth in HMC 6.28.030.
B. If the bite or attack incident is classified as nonaccidental, the animal involved may be classified by the Chief Animal Control Officer as a nuisance, dangerous or vicious.
C. If the incident is classified as nonaccidental, the conditions, facts and circumstances of the incident, and seriousness of any bite, shall be considered in determining the classification of the animal.
D. The classification of an animal as a nuisance, dangerous or vicious shall be completed by the Chief Animal Control Officer within 10 days of the receipt of the bite or attack report.
E. Upon classification of the animal as a nuisance, dangerous or vicious, the Animal Control Office shall notify in writing by personal service or by certified mail and regular mail the following:
1. The owner of the animal classified;
2. The victim or victim’s owner in the incident classified; and
3. Notice by personal service shall be complete upon delivery, and notice by mail shall be deemed complete upon return of the receipt of the notice as delivered, undeliverable, refused or unclaimed.
F. It is a violation for any complaint, reports, statements or other documentation to be fraudulently filed. Violation of this provision is an infraction.
6.20.030 Exceptions to classifications.
A. Exceptions to nuisance, dangerous and vicious animal classifications are as follows:
1. No animal may be declared a nuisance, dangerous or vicious if any injury or damage is sustained by a person of sufficient age and understanding who, at the time the injury or damage was sustained, was:
a. Teasing, tormenting, abusing or assaulting the animal; or
b. Committing or attempting to commit a crime or intentional tort which would warrant immediate defense of person or property.
2. No animal may be declared a nuisance, dangerous or vicious if the animal was protecting or defending a person or property within the immediate vicinity of the animal or defending itself from an unjustified attack.
3. No dog may be declared a nuisance, dangerous or vicious if the injury or damage to an animal was sustained while the dog was working as a hunting dog or herding dog or predator control dog on the property of or under the control of its owner, and the damage or injury was to a species or type of animal appropriate to the work of the dog.
4. No dog may be declared a nuisance, dangerous or vicious if the dog has been trained specifically for a government or law enforcement agency to attack persons independently or upon oral command, and at the time of the bite or attack the attacking dog is under the control and supervision of an authorized government or law enforcement unit, and the act is directly associated with the proper execution of governmental or law enforcement duties.
B. If at any time during a supervised quarantine a domestic or domesticated animal is rabid or is tentatively diagnosed as rabid, the provisions of HMC 6.24.060(B) shall apply. This provision shall not exempt a domestic or domesticated animal, which is not euthanized pursuant to this chapter, from the provisions of this chapter if the domestic or domesticated animal is determined to be rabies-free.
6.20.040 Impoundment and written release orders.
A. Impoundment. An animal involved in a bite or attack incident shall be impounded at the animal control shelter unless the Chief Animal Control Officer, at the Officer’s discretion, permits supervised confinement to be at a licensed veterinarian clinic or hospital, licensed kennel, or at the owner’s house if the kennel or home has adequate facilities to quarantine the animal. Any quarantine of an animal not at the animal control shelter shall be posted with a quarantine sign that states the reason for the quarantine, conditions and dates of the quarantine. If the animal is classified as vicious and is confined at a clinic or hospital after the period of supervised quarantine ends, the animal shall be released to the Animal Control Office and impounded at the animal shelter unless the animal is:
1. Under a veterinarian’s care for sickness, disease or injury requiring the animal to remain at the clinic or hospital; or
2. Kept under other specially required conditions at the time of the requested release by the City.
B. Written Release Order. An owner of an animal classified as a nuisance or dangerous shall be provided a written release order by the Chief Animal Control Officer, setting forth the conditions of release accompanied by written findings of fact and conclusions.
1. The conditions of the written release order shall include, but are not limited to, all requirements set forth in HMC 6.20.090 for animals classified as nuisances and HMC 6.20.050 for animals classified as dangerous. The owner shall have five days from receipt of the conditional release order to comply and implement all of the terms and conditions of the order, unless stated otherwise.
2. The Chief Animal Control Officer may, at the Officer’s discretion, include other requirements or conditions in the written release order.
3. The Chief Animal Control Officer or the Officer’s designee shall inspect the owner’s premises to determine if the owner meets the conditions of release requirements pertaining to confinement of the animal prior to release of the animal.
4. The Chief Animal Control Officer shall consider factors, including but not limited to the following factors, in determining the conditions of release:
a. The observed or reported past and present actions of the animal owner in controlling and restraining animals;
b. The circumstances of the incident and the extent of the injury to the person or animal attacked;
c. The owner’s past history of compliance with past and present City animal control ordinances;
d. The owner’s past history of compliance with other state or municipal animal control ordinances and laws.
C. Conditions of Written Release Order to Be Met. All conditions of the written release order must be met, or the animal owner must demonstrate the ability to meet the conditions prior to release of the animal. Whether the animal owner has met the conditions or has the ability to meet the conditions shall be determined by the Chief Animal Control Officer.
D. Fees and Expenses. Prior to any release, all fees and expenses reasonably incurred by the City from the date of impoundment shall be paid by the owner.
E. Forfeiture of Animal. If an owner refuses to redeem an animal under the conditions of a written release order, refuses to pay fees and expenses, or violates any condition of a written release order, the animal is subject to forfeiture to the City upon a hearing before the Chief Animal Control Officer as set forth in an Animal Control Policies, Regulations and Procedures Manual or a manual adopted by an agency authorized by contract with the City.
F. Violation. Violation of a written release order is an infraction. Each day the owner fails to abide by the written release order issued by the Chief Animal Control Officer constitutes a separate infraction for violating the conditions of the written release order.
G. Release Agreements. The Chief Animal Control Officer may, at the Officer’s discretion, enter into conditional release agreements for animals involved in bite or attack incidents.
6.20.050 Dangerous animals – Mandatory conditions of release.
A. Dangerous Animals. The mandatory conditions of release for an animal classified as dangerous shall include, but are not limited to, the following conditions:
1. The animal shall be tattooed in the right ear by the City with a City registration number. In lieu of a tattoo, a microchip approved by the City may be implanted in the animal. The owner shall pay the cost of microchip identification.
2. Two photographs of the animal clearly and accurately depicting size, color and marks shall be maintained by the Animal Control Office. If the animal is not an adult at the time of the classification, the owner shall provide an updated photograph on the date set forth in the release order.
3. While on the owner’s property, the animal shall be securely confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the entry of persons and animals, and constructed to prevent the animal from escaping by climbing, burrowing or otherwise escaping from the enclosure.
a. The pen or structure shall not be maintained or operated in a manner which is an annoyance, as defined by HMC 6.04.010.
b. The pen or structure shall meet the following requirements:
i. Shelter which provides adequate air and ventilation and which will prevent the animal from being exposed to inclement or adverse weather conditions, overheating from sunlight, unsanitary conditions or dirty, wet and uncomfortable conditions which may endanger the health or welfare of the animal;
ii. The pen or structure shall be free from bacteria, parasites, waste, filth, or other elements in amounts which would endanger the health or welfare of the animal;
iii. The pen or structure shall have secure sides and a secure top. The pen or structure shall have a bottom secured to the sides unless it is deemed not necessary by the Chief Animal Control Officer for the particular type of animal. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground to a depth of not less than one foot. The sides of the pen and the top and bottom, if any, shall be securely attached to each other along each edge;
iv. If for a dog, the pen or structure shall also have minimum dimensions of five feet in width by 10 feet in length, and shall be constructed of material and in a manner to prevent the dog’s jaws from protruding through the enclosure.
c. The pen or structure must be approved by the Chief Animal Control Officer.
4. The animal may be off the owner’s premises only if it is restrained by a leash, muzzled, and under the direct control of a responsible adult. The strength and length of the leash and strength and type of muzzle shall be approved by the Chief Animal Control Officer.
5. The owner shall display in a prominent place on the premises where the animal is kept a sign, easily readable by the public, using the words “Dangerous Animal.” The sign and its location must be approved by the Chief Animal Control Officer.
6. The owner shall have the animal spayed or neutered at the owner’s expense.
B. Change in Location. The owner shall notify the Chief Animal Control Officer of any change in the physical location of an animal classified under this section, and the new location shall be subject to the terms and conditions of the conditional release order for kennel and restraint requirements.
1. The conditions shall apply to an animal being boarded at a location other than the approved location and kennel as stated in the mandatory conditions of the conditional release order issued under this section.
2. The notification to the City set forth in this section shall not apply to temporary moves of the animal for the purposes of providing veterinary care.
3. Upon notice to the Chief Animal Control Officer, the subject animal may be impounded until the owner complies with all requirements of the conditional release order, or until such time as the Chief Animal Control Officer schedules an impoundment and forfeiture hearing. In the event the animal is impounded, the owner shall be responsible for all costs and fees associated with the impoundment. Violation of this subsection is an infraction.
C. Mandatory Conditions of Release. The mandatory conditions of release set forth in this section and any other conditions imposed by the Chief Animal Control Officer or the Animal Control Board shall remain in effect for the life of the animal as long as the animal remains under the jurisdiction of the City or the City’s agent.
6.20.060 Vicious animals.
A. All animals classified as vicious pursuant to this chapter shall be humanely destroyed unless a hearing before the Animal Control Board is requested.
B. If a vicious animal hearing is requested before the Animal Control Board, pursuant to subsection (A) of this section and Chapter 6.08 HMC, humane destruction of the animal shall be stayed until the Animal Control Board determines whether the animal is vicious. If the animal is determined to be vicious by the Animal Control Board, it shall be humanely destroyed.
C. Animals classified as vicious, pursuant to this chapter, shall be impounded and held at the animal control shelter until destroyed.
D. It is unlawful to own an animal classified as vicious, pursuant to this chapter. Violation of this provision is an infraction. (Prior code § 6.12.040)
6.20.070 Nuisance and dangerous animals – Owner’s notification.
The owner of an animal classified as a nuisance or dangerous shall notify the Animal Control Office immediately if the animal is running at large or has bitten or attacked a human being or another animal. Violation of this provision is an infraction. (Prior code § 6.20.060)
6.20.080 Animal classification and written release order review by Houston Animal Control Board.
A. An owner aggrieved by the classification or the written release order for an animal as nuisance, dangerous or vicious may have the decision reviewed by the Animal Control Board as set forth Chapter 6.08 HMC.
B. A victim or victim’s owner aggrieved by the decision of the Chief Animal Control Officer’s classification or conditional release order for an animal where classification resulted from an incident involving the victim or victim’s owner may appeal that decision to the Animal Control Board by following the procedures set forth in Chapter 6.08 HMC and paying the required costs and filing fees. If the victim is under the age of majority the victim’s parent or authorized guardian may appeal the decision. (Ord. 08-02 § 4, 2008)
6.20.090 Nuisance animals – Mandatory conditions of release.
A. Nuisance Animals. The mandatory conditions of release for an animal classified as a nuisance shall include, but are not limited to, the following conditions:
1. The animal shall be tattooed in the right ear with a City registration number; in lieu of a tattoo, a microchip may be implanted in the animal. The cost of microchip identification shall be paid by the owner.
2. Two photographs of the animal clearly and accurately depicting size, color and marks shall be maintained by the Animal Control Office. If the animal is not an adult at the time of the classification, the owner shall provide an updated photograph meeting the requirements of this subsection on the date set forth in the conditional release order.
3. While on the owner’s property, the animal shall be restrained:
a. With a fitted collar and leash or run device made of wire, rope or other materials approved by the Chief Animal Control Officer;
b. Must be kept in a pen or kennel operated in compliance with this title; or
c. Must be kept in a fenced area of the property constructed to prevent the animal’s escape and to reduce or eliminate the public’s contact with the animal; and
d. The method and type of restraint shall be approved by the Chief Animal Control Officer.
4. The animal, when off of the owner’s premises, shall be restrained with a collar and a leash.
5. All fees and expenses incurred under HMC 6.20.040 shall be paid in full by the animal owner prior to release.
B. The requirements of this section and other conditions imposed by the Chief Animal Control Officer or the Animal Control Board shall remain in effect for the life of the animal whenever the animal is within the boundaries of the City.
C. The owner shall notify the Chief Animal Control Officer of any change in the physical location of an animal classified under this section, and the new location shall be subject to the terms and conditions of the conditional release order for kennel and restraint requirements.
1. The conditions shall apply to an animal being temporarily boarded at a location other than the approved location and kennel as stated in the mandatory conditions of the conditional release issued under this section.
2. Violation of this section is an infraction. An animal kept in violation of this section may be impounded until such time as the owner complies with all requirements of the conditional release order, or until the Chief Animal Control Officer schedules an impoundment and forfeiture hearing. In the event the animal is impounded, the owner shall be responsible for all costs and fees associated with the impoundment.
3. The notification in this section shall not apply to temporary moves for the purposes of providing veterinary care to the animal.
D. If an animal classified as a nuisance again acts as a nuisance animal, the animal may be classified as at least dangerous based upon the circumstances of the incident.
6.20.100 Transfer of ownership of a classified animal.
A. An animal classified by the Chief Animal Control Officer or Animal Control Board as a nuisance or dangerous shall have the classification remain in full force and effect for the life of the animal whenever the animal is within the boundaries of the City of Houston but not within the boundaries of the Matanuska-Susitna Borough outside the City unless the City has entered an intergovernmental agreement for animal control with the municipality where the animal is kept.
B. Upon transfer of the ownership of an animal classified as a nuisance or dangerous the owner shall transfer to the new owner a copy of the classification notice and conditional release order applicable to the animal.
C. The new owner shall be bound by the conditional release order issued by the Chief Animal Control Officer or the Animal Control Board.
D. The owner shall notify the Animal Control Office within five days of the transfer of ownership of a classified animal and shall notify the Animal Control Office of the new location of the animal.
E. Violation of this section is an infraction.
6.20.110 Preexisting classifications.
All classifications and conditional release orders or conditional release agreements issued under former law shall remain in full force and effect for the life of the animal classified, regardless of revisions to the classification and conditional release order provisions of this title.