HomeMy WebLinkAboutOrdinance - 2025-O0135 - Amend Chapter 4 Dangerous AnimalsFirst Reading Second Reading
November 11, 2025 December 2, 2025
Item No. 7.3 Item No. 7.9
ORDINANCE NO. 2025-00135
AN ORDINANCE AMENDING CHAPTER 4 "ANIMALS" OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY MODIFYING §
4.01.001 "DEFINITIONS"; RENAMING ARTICLE 4.06 FROM "DANGEROUS
ANIMALS" TO "DANGEROUS ANIMALS AND DANGEROUS DOGS";
PLACING §§ 4.06.001 TO 4.06.003 IN THE CREATED "DIVISION 1
DANGEROUS ANIMALS" OF ARTICLE 4.06; ADDING "DIVISION 2
DANGEROUS DOGS" TO ARTICLE 4.06; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Lubbock, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, has the authority to set forth ordinances and regulations and
exercise its police powers for the public health, safety, morals, or general welfare of the citizens of
the City of Lubbock; and
WHEREAS, the City of Lubbock is authorized to adopt animal control regulations and is
authorized to defined and abate nuisances pursuant to Chapter 217 of the Texas Local Government
Code and Title 10 of the Texas Health and Safety Code; and
WHEREAS, the City Council previously adopted ordinances regulating animals pursuant
to the constitutional and statutory authority outlined above as codified in Chapter 4 of the Lubbock
Code of Ordinances entitled "Animals"; and
WHEREAS, the City Council of the City of Lubbock, finds the following amendments to
Chapter 4 of the Code of Ordinances, City of Lubbock, Texas as outlined below are reasonable,
consistent with state law and beneficial for the public health, safety and general welfare of the
citizens of Lubbock and a proper exercise of its police power;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK, THAT:
SECTION 1. The recitals and findings outlined above are found to be true and correct and are
hereby incorporated herein as the findings of the City Council.
SECTION 2. Chapter 4, Article 4.01, §4.01.001, "Definitions", of the Code of Ordinances, City
of Lubbock is hereby amended by amending the following definitions to read as follows (for
reference purposes, amended portions are indicated as follows: deletions — strikeout; new additions
— underlined and italicized. All other definitions in §4.01.001 not specifically amended in this
section remain the same):
"Cat. Any live or dead eat (Fells A domesticated carnivorous mammal that
is scientifically known as Felis catus. Cats and related terms are defined as
follows:
(1) Ear tipping. A technique for painless removing of a quarter -inch off
the top of a feral cat's left ear by a licensed veterinarian while the cat
is anesthetized for spaying/neutering for the purpose of permanently
identifying a feral cat that has been evaluated, vaccinated, and
sterilized.
(2) Feral cat. Any cat which is too poorly socialized to be handled (and
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therefore must be trapped and sedated for examination) and cannot be
placed into a typical pet home.
(3) Feral cat caregiver. A person who feeds feral cats, performs trap -
neuter -return, and provides long-term care and monitoring for adult
feral cats that are returned.
(4) Feral cat colony. Three or more cats, "loosely owned," "quasi -owned,"
or "marginally owned" who have been fed and cared for at some level
but are not claimed by any one person.
(5) Free roaming cats. Cats which are not confined to the house or an
enclosure and are at large.
(6) Managed feral cat colony. A group of feral cats living together and
having strong blood ties in which all cats have been sterilized and
vaccinated and are provided daily food and shelter by a feral cat
caregiver. The caretaker follows the most structured form of TVARM.
This means to trap, vaccinate, alter, return, and manage.
(7) Registered feral cat colony. A feral cat colony that is registered with
animal services and meets all requirements of this chapter.
(8) Stray cat. Cats which are currently or recently owned which may be
lost from their homes.
City enforcement agent. The city director of animal services, their authorized
representatives, local rabies control authority, animal seryieescontrol officers, a
law enforcement officer, or other authorized employees of the city. The director of
animal services shall be responsible for the enforcement of this chapter and any
regulations promulgated hereunder, unless otherwise provided by law.
Dangerous animal.
(1) Any individual animal, other than a dog, which, because of its
physical nature and/or vicious propensity, would constitute a danger
to human life or property; or any animal that is possessed of tendencies
to attack or to injure human beings or other animals;
(2) An animal that commits an unprovoked attack on a human being, that
causes bodily injury and occurs in a place other than an enclosure in
which the animal was being kept and that was reasonably certain to
prevent the animal from leaving the enclosure on its own;
(3) An animal that commits unprovoked acts in a place other than an
enclosure in which the animal was being kept and that was reasonably
certain to prevent the animal from leaving the enclosure on its own,
and those acts cause a person reasonably to believe that the animal will
attack and cause bodily injury to that person; or
(4) An animal that makes an unprovoked attack on a domestic animal or
domestic fowl that causes bodily injury or death, and which occurs
when such animal is at large.
Dangerous dog. A do tg hat:
makes an unprovoked attack on a person that causes bodily iniury and
occurs in a place other than an enclosure in which the dog was being
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kept and that was reasonably certain to prevent the dog from leaving
the enclosure on its own:
commits unprovoked acts in a place other than an enclosure in which
the dog was being keel and that was reasonably certain to prevent the
dog�fi-om leaving the enclosure on its own and those acts cause a
person to reasonably believe that the dog will attack and cause bodily
ijury to that person; or
(33) meets the definition of a dangerous dog under applicable state law.
Dog. Any live Ew dead do A domesticated animal that is a member of the canine
family and scientifically known as Canis familiaris.
Enforcement agent. The city director of animal services, their authorized
representatives, local rabies control authority, animal se~- control officers, a
law enforcement officer, or other authorized employees of the city. The director of
animal services shall be responsible for the enforcement of this chapter and any
regulations promulgated hereunder, unless otherwise provided by law.
"Secure enclosure " means a fenced area or structure that is:
(1) locked;
(2) capable of preventing the entry of the general public, including
children; and
(3) capable of preventing the escape or release of an animal.
SECTION 3. Chapter 4, Article 4.06 of the Code of Ordinances, City of Lubbock, is hereby
amended by renaming Article 4.06 from "Dangerous Animals" to "Dangerous Animals and
Dangerous Dogs ".
SECTION 4. Chapter 4, Article 4.06 of the Code of Ordinances, City of Lubbock, is hereby
amended by creating a division to be entitled "Division 1 Dangerous Animals" and placing §§
4.06.001 through 4.06.003 within this division.
SECTION 5. Chapter 4, Article 4.06 of the Code of Ordinances, City of Lubbock, is hereby
amended by adding a division to read as follows: (for reference purposes, new additions to the
Code of Ordinances are underlined and italicized and deleted provisions are indicated by
strikethrough text):
Division 2 Dangerous Dogs
l 4.06.100 Dangerous Dogs
This article is adopted pursuant to and in coniunction with the provisions of Texas
Health and LaLetE Code Chapter 822 Subchapter D Dan erous Dos as the
exist or may be amended, and are incorporated herein. The provisions outlined
below are to be read in coi function with this statute and to the extent of a direct
conflict between Article 4.06, Division 2 of the Code of Ordinances of the City of
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Lubbock and the state statute, the more stringent requirements for owners of a
dangerous dog control to the extent permitted by law,
4.06.101 Determination and Notice of Dangerous Dog
(a) If a person reports an incident that meets the definitional criteria of a
"dangerous dog ", the animal control officer nay shall investigate the incident. ff
after receiving the sworn statements of any witnesses. the ; mint. , e mmal ...fflttr
director of animal services determines the dog is a dangerous dog, the animal
control officer shall in writing:
(1) notify the owner that the dog is a dangerous dog:
(2) notify the owner that the dog of the incident and any relevant facts
surrounding the determination that the dog is a dangerous do-
(3) notify the owner that they must comply with the provisions of this
article within thirty (30) days of receiving this notice: and
(4) upon request of the owner, provide copies of any sworn
statements.
(b) Ifa city enforcement agent witnesses an incident that meets the definitional
criteria of a "dangerous dog", an animal control officer shall, in writing:
(1) notify the owner that the dog is a dangerous doh
2 noti& the owner that the dog o the incident and any relevant Lacis
surroundingthe determination that the dog 1S a dangerous doh
and
(3) noti& the owner that they must comply with the provisions of this
article within thirty_�0}_da sofreceivingtthis notice.
L_c) If an owner of a dog witnesses an incident involving their dog where their
dog meets the definitional criteria of a "dangerous doh, the owner of the doh_
(1) shall be considered on notice that their dog is a dangerous dog:
and
(2) be required to comply with the provisions of this article within
thirty (30) days without receiving further notice from the cites
� 4.06102 Requirements for owner of dangerous dog
(a) Not later than the 30th day after an owner has been noti red that their dog
is considered a dangerous dog in accordance with this article or by order of the
municipal court, the owner shall:
(I) Register the dog with the City of Lubbock Animal Services
De artment
(2}__Restrain the dog at all times on a leash and in the immediate
control of a person:
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3) When not in immediate control of a person, restrain the dog in a
secure enclosure with a sign clearly indicating that the dog is a
dangerous do
(4) When outside their secure enclosure the dog must be securely
rtted with a muzzle that will not cause injury to the dog nor
interfere with its vision or respiration but shall prevent the dog
from biting other animal or human being;
(5) Obtain liability insurance coverage or show financial
responsibility in an amount of at least $1,000,000.00 to cover
danaa es resulting om an attack h-v the dangerous dog causing
bodily injury to a person and provide proof of the required
liability insurance coverage or financial responsibility to the
city's animal control officer;
(6) Have the dangerous dog, spayed or neutered; and
(7) Pay the appropriate dangerous dog permit fee of $200.00
annually. Permits will expire on December 31 of each year and
shall be renewed at least 30 days prior to expiration.
(b) The owner of a dangerous dog who does not comply with subsection (a)
shall deliver the dog to the Cit o Lubbock Animal Services Department not later
than the 30th day after the owner is notified that the dog is a dangerous dog.
� 4.06.103 Municipal Court
(a) If, on the application of any person• the municipal court finds, after notice
and hearing as provided herein, that the owner has failed to comp y with §4. 06.102
(aor L4.06.102 (b ), the court shall order the animal control offlicer to seize the
dog and shall issue a warrant authorizing the seizure. The animal control o rcer
shall seize the dog or order its seizure and shall provide for the impoundment of
the dog in secure and humane conditions.
b The owner shall pay any cost or fee assessed by the city related to the
seizure, acceptance, impoundment, or destruction of the doh
(c)_ The court shall order the animal control officer to:
(1) humanely destroy the dog if the owner has not complied with
¢4. 06.102 (a) before the 11 th day after the date on which the dog
is seized or delivered to the animal control officer. However
A) anv such order to destrov a dog shall automatically be
staff for a period often (10) calendar dam from the date
the order is issued, during which period the dog's owner
may file a notice of appeal with a court of proper
Jurisdiction: and
(B) the court may not order may not order the destruction of
a dog during the 2endency of an Meal properly filed to
a court _ with lur•isdiction in accordance with the
provisions of Texas Health and Safety_ Code, Chapter 822,
Subchapter D.
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(2) return the dog to the owner if the owner complies with L4. 06.102
(a) before the Ilth day after the date on which the dog is seized
or delivered to the animal control officer.
(d) The court may order the humane destruction of a doh if the owner of the
dog has not been located before the 151h day after the seizure and impoundment
of the dog.
e For pyWoses of this article a person learns that the person is an owner
of dangerous dog when the provisions of � 4.06.101 have been met or when the
owner receives notice that the municipal court has found that the dog is a
dangerous dog after a hearing on the matter.
4. 06.104 A preal of Determination of Dangerous Dog
(a) An owner, not later than the 151h 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 officer to the municipal court. An owner may appeal the
decision of the municipal court in the same manner as for other civil cases.
(b) To file an appeal under this section, the owner must:
ile a written notice of anneal with the municipal court of the
animal control officer's determination that the dog is a dangerous
dog:
(2) attach a copy of the notice received from the animal control
officer: and
(3) serve a copy of the notice ofappeal on the City of LubbockAnimal
Services Department by hand delivery or mailing the notice
through the United States Postal Service.
4.06.105 Attack by dangerous do
'a) A person commits an offense ifthe verson is the owner ofa dangerous do
and the dog makes an unprovoked attack on another person outside the dogs
enclosure and causes bodilyiiniany to the other person.
(b) An offense under this section is a class C misdemeanor and shall be
punished by a fine not to exceed five hundred dollars (�500.00). Fora violation
of this chapter and state law, the state law punishment applies:
(c) Each occurrence shall be deemed to be a separate violation: and
(d) If a person is found guilty of an offense under this section, the municipal
court may order the dangerous dog humanely destroyed by the City of Lubbock
Animal_ Services Department or a licensed veterinarian.
SECTION 6. Penalty. Any person found in violation of any provision of this Ordinance shall
be shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with
the general penalty provision found in § 1.01.004 of the Code of Ordinances of the City of Lubbock,
Texas.
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SECTION 7. Repealed. All other terms and provisions of the Code of Ordinances, City of
Lubbock, not in conflict herewith and not hereby amended shall remain in full force and effect.
SECTION 8. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of the
City Council of the City of Lubbock, Texas in adopting this ordinance, that no portion thereof or
provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 9. Effective Date. This ordinance shall take effect immediately from and after its
passage and publication as may be required by governing law.
SECTION 10. Publication. The City Secretary of the City of Lubbock is hereby authorized
and directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 1 Ith day of Nov., 2025.
Passed by the City Council on second reading'this 2nd day of Dec.., 2025
ARK W. MCBRAYER, AYOR
ATTEST:
ity
APPROVED AS TO CONTENT:
Bill Howe*n, Deputy City
APPROVED AS TO FORM:
MattgSw L. Wad , City Attorney
ccdocs IVORD.animals -dangerous dogs 1 1-2025
November 11, 2025
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