NEW BRAUNFELS, Texas – The city of New Braunfels wants to update its dangerous dog policies for the first time since 1961.
The proposal has been presented to the city’s Animal Advisory Board and may be presented to council members next month.
When asked why officials are considering these changes, Neighborhood Services Director Bryan Ruiz tells us it is due to events nearby.
“We saw what was going on in San Antonio last year,” Ruiz said, referring to the high-profile dog attack cases. “We started reviewing our dangerous dog ordinance and wanted to make sure we updated it based on what we saw in it.”
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According to Ruiz, the plan is to amend the ordinance to better align it with state law.
Texas defines a dangerous dog as a dog that:
- commits an unprovoked attack on a person which results in bodily harm and which takes place in a place other than the enclosure in which the dog is kept and which would reasonably prevent the dog from leaving the enclosure of its own accord; or
- commits unprovoked acts in a place other than the enclosure in which the dog was kept and which were reasonably certain to prevent the dog from leaving the enclosure of its own accord and which give a person reason to believe that the dog will attack that person and cause him or her bodily harm.
Here are some of the policies New Braunfels officials have proposed for dangerous dogs:
- Register the dog as a dangerous dog with the City of New Braunfels Animal Control Department.
- Obtain liability insurance or demonstrate financial coverage in the amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog that results in physical injury to a person and provide proof of the required liability insurance or financial coverage to the Animal Welfare Division.
- Provide a secure enclosure that prevents the dog from leaving the enclosure alone and that prevents anyone other than the dog owner from entering the enclosure. Such an enclosure must be inspected and approved by the Animal Welfare Department before the dog is registered with the Animal Welfare Department.
- Obtain and maintain a valid city pet license;
- Post a clearly visible sign at the secure enclosure in which the dog is housed, warning of the presence of a dangerous dog on the property. The sign should be readable from any public walkway or road adjacent to the enclosure;
- Attach a tag provided by the Department of Animal Welfare to the dangerous dog’s collar and make sure it stays there.
- When you remove the dog from its safe enclosure, muzzle it so that it does not injure itself or impair its vision or breathing, but does not prevent it from biting another animal or person. Always keep the dog on a leash that can hold it without breaking and that is no longer than six feet.
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“We are going one step further and will also conduct aggressive classification,” Ruiz said.
This designation is also included in the San Antonio city ordinance, and unlike “dangerous dogs,” it is not a lifelong designation.
“The dog can actually be classified as aggressive once he reaches a certain period of time. He has not committed any violations and we have no complaints against him,” explained Ruiz.
There are different levels of classification of aggressive dogs.
- Behavior level 1 is when a dog running around freely is annoying, chases or shows threatening or aggressive behavior.
- Level 2 behavior occurs when a dog running around freely causes serious injury to a domestic or farm animal (except poultry).
- A Level 3 conduct is established when a dog at large kills or causes the death of a domestic or livestock animal, other than poultry; or when a dog classified as a Level 2 aggressive dog repeats the conduct in Subsection B after the owner or keeper has received notice of the Level 2 classification.
Kenneth M. Phillips specializes in legal cases involving dangerous dogs.
He says he is not surprised that more and more cities are tightening their policies.
“Dog owners need to be able to rely on them to adhere to certain standards. That’s what dangerous dog laws are all about,” Phillips said.
He added that statewide changes to the dangerous dog law could serve as a guide for cities like New Braunfels that want to use the law as a guide.
There are currently two dangerous dogs registered in New Braunfels under the old guidelines.
