Pasadena Dog Bite Lawyer | Pasadena Dog Mauling Lawsuit | Pasadena Dog Attack Attorney
Harris County Dog Bite Accident Attorney
Dangerous Dog Facts:
- An estimated 4.5 million people are bitten by dogs each year;
- Approximately 334,000 people are admitted to US emergency rooms annually with dog bite-associated injuries, and another 466,000 are seen in other medical settings;
- An unknown number of other people who have been bitten do not sustain injuries deemed serious enough to require medical attention;
- Almost half of all persons bitten are children younger than 12 years old; and
- People more than 70 years old comprise 10% of those bitten and 20% of those killed.
According to Zoonosis Control Division of the Texas Department of Health, domesticated dogs comprise most the dog bites in any given year. Even more shocking, Texas was the leader in dog bite fatalities in 2007, with seven fatalities stemming from dog bites that year alone. There is a regional Zoonosis office in Houston located at Texas Department of State Health Services, Zoonosis Control, 5425 Polk Avenue, Suite J, Houston, TX 77023 - (713) 767-3300 for all of your needs and questions.
Responsible Dog Ownership in Pasadena Definitely Can Reduce Pasadena Dog Bites
As so many things in life, dog bites can be reduced by what happens in the home. A dog is not always the one to blame in the instance of a dog attack or dog bite injury. Many owners use their dogs for illegal dog fights and these dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives. Negligent and abusive dog owners should be held liable for their actions. A decision to be a responsible dog is a personal decision and one that requires responsibility. There are many places in and around Pasadena, Texas to have your dog trained for obedience. Dog owners are also able to take their dog to an area designated for dogs to play. Dog parks are there so that the owner can take their dog to an area where they can run around and play in an fenced-in and safe place. Dog parks are a responsible place to take your pet to ensure that when they are running off their leash that they will not run away from you and/or cause harm to a person or another animal. Some Dog Training Facilities and Dog Park locations in the General Pasadena Area include:
5722 Fairmont Parkway
Pasadena, TX 77505
1618 Webster Street
Houston, TX 77003
Petco Animal Supplies
3680 Spencer Highway
Pasadena, TX 77504
Sweet Home Pet Sitting
West Webster Dog Park
1502 West Webster Street
Houston, TX 77019
Bay Area Park
7500 Bay Area Boulevard
Pasadena, TX 77058
Dogs should be trained and any sense of aggressive behavior exhibited by a dog should be immediately attended to by the pet owner in order to avoid a future incident. What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced Pasadena dog bite lawyers above for a consultation regarding your claim.
Texas’s “One Bite” Rule & Dog Bite Claims Based on Negligence
Texas follows the arcane “one bite rule.” This means that a pet owner is liable when:
- the owner knew that the dog had bitten someone before or had a “dangerous propensity” for biting;
- the bite was caused by the negligence of the person handling the dog;
- the bite was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law; or,
- the bite injury was caused intentionally by the owner or person handling the dog.
When it cannot be proved that the dog’s owner or handler knew of the dog’s propensity to bite, negligence can form the basis of a claim. An example of a negligence-based claim could occur when the owner of a dog whose breed is notorious for its violent propensities — such as a pit bull, Rottweiler, or German Shepherd — allows their dog to run loose in a children’s park or other public area without supervision. The dog’s owner will be held liable based on negligence if the dog bites a child in the park.
However, a person does not have to be the dog’s owner to be held liable for a bite victim’s injuries. A child bitten at a day care facility for dogs could, through the child’s parents, make a claim against the pet care center, even though the dog was owned by a third party who was absent at the time of the bite. If you or a loved one has been the victim of a dog bite, you should contact a Pasadena dog bite attorney to pursue your personal injury claims. Even if the dog has no prior history of aggression and has never bitten anyone before, Texas’s “one bite rule” may allow a Pasadena dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Pasadena Negligence Per Se Dog Bite Lawyer
When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se.
Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:
- leash laws;
- dog trespass laws; or,
- no “free-run” laws.
Usually, these types of dog control laws and ordinances are only found in large Texas cities; however, Pasadena has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Pasadena requires that all dogs over four months of age be licensed with the city officials. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of Pasadena or Harris County, you should contact a local Pasadena dog bite attorney immediately.
Lillian’s Law (H.B. 1355)
The so-called “Lillian Stiles Law,” sponsored by Senator Eliot Shapleigh and passed in 2007, increases the jail time for owners who fail to secure their dogs in a reasonable manner, resulting in serious bodily injury or death to another. Under the law, a dog owner will be charged with a third-degree felony if their dog causes serious bodily injury to a victim during an unprovoked attack. A third-degree felony is punishable by 2-10 years of prison time as well as a potential fine of up to $10,000. If the victim dies from an unprovoked dog attack, H.B. 1355 would impose a charge of second-degree felony, punishable by up to 20 years in prison. Click here for more information on the passage of Lillian’s Law,
Texas still allows a dog to be chained up, which is not only bad policy, but also dangerous to children and others who are routinely attacked by dogs that have been chained. Lillian’s law helps protect Pasadena residents from dogs that attack when not reasonably secured and allows Pasadena dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Pasadena dog bite lawyer today.
Some of Texas' Laws on Dog Bites
Some of the laws are found in the Texas Health & Safety Code, Title 10, Chapter 822 Regulation of Animals:
- Subchapter A General Provisions; Dogs That Attack Persons or Are a Danger to Persons;
Subchapter D Dangerous Dogs;
- 822.041. Definitions;
- 822.042. Requirements for Owner of Dangerous Dog;
- 822.0421. Determination That Dog is Dangerous;
- 822.0422. Reporting of Incident in Certain Counties and Municipalities;
- 822.0423. Hearing;
- 822.043. Registration;
- 822.044. Attack by Dangerous Dog;
- 822.045. Violations;
- 822.046. Defense; and
- 822.047. Local Regulation of Dangerous Dogs
Harris County Dangerous Dog Laws
Harris County has its own set of laws concerning dangerous dogs:
SECTION 8. REGULATIONS FOR DANGEROUS DOGS
Not later than the 30th day after a person who owns or has custody or control of a dog learns that he/she owns or has custody or control of a dangerous dog, the person must:
Register the dangerous dog with HCPHES VPH. The dog will be registered by HCPHES VPH only after the following conditions have been met: Payment of an annual registration fee of $50.00 to HCPHES VPH;
The person who owns or has custody or control of the dog provides proof that the dangerous dog has been spayed or neutered. The only exceptions to this spaying or neutering requirement shall be if HCPHES VPH or a licensed veterinarian confirms in writing that either the dog is past the age for breeding, or its condition otherwise makes it inadvisable to spay or neuter the dog.The person who owns or has custody or control of the dog obtained liability insurance coverage or showing financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and has provided proof of the liability insurance/financial responsibility to HCPHES VPH.The dangerous dog has been implanted with an identifying computer microchip compatible with the scanning equipment utilized by HCPHES VPH. The information contained in the microchip must be reported to HCPHES VPH.
The person who owns or has custody or control of the dog has obtained prior approval from HCPHES VPH that the enclosure is constructed to satisfy the secure enclosure requirement set forth in subsection C, below.Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure, as described in subsection C., below.Notify HCPHES VPH of any attack the dangerous dog makes on a person within forty-eight (48) hours of the attack.
Upon registration, the dangerous dog, shall:
be issued a tag and the tag must be displayed on the animal at all times; wear a collar at all times which is bright orange and contains the words "Dangerous Dog" in big black lettering. This collar may be purchased from HCPHES VPH when the dog is initially registered or a collar substantially similar to the HCPHES VPH collar is acceptable as an alternative or replacement; be transported only within a fully enclosed vehicle and a "Dangerous Dog" sign must be posted in a window on each side of the vehicle. To qualify as a “secure enclosure” under subsection A (2), above, the following requirements must be met;: The dangerous dog must be kept in a secure enclosure which prevents the dog from escaping as well as protects the general public from physical access to and/or contact with the dog.
The secure enclosure shall: have a cement floor, unless another material and/or the construction used is as good as a cement floor in preventing the dog from digging or escaping from the enclosure; have a cover or fixed top if the dog is capable of climbing or jumping; have walls which consist of not less than nine (9) gauge chain link or equivalent. Whether a structure qualifies as a "secure enclosure" is subject to HCPHES VPH's approval, and, in this connection:
the person who owns or has custody or control of an animal must give HCPHES VPH reasonable access to inspect the enclosure; HCPHES VPH may require the person who owns or has custody or control to make structural changes within a certain reasonable time to make the enclosure secure; and a structure shall be deemed not to qualify as a secure enclosure if the person who owns or has custody or control does not give HCPHES VPH reasonable access to inspect the enclosure or if structural changes required by HCPHES VPH are not performed. The secure enclosure must be clearly marked as containing a "Dangerous Dog" on each side of the enclosure. Signs may be obtained from HCPHES VPH when the dog is initially registered. Signs substantially similar to those available through HCPHES VPH will fulfill the requirements of this section.
When the dangerous dog is outside of the secure enclosure, the dog must be controlled by a line or leash not more than six (6) feet in length; the line or leash must be held by a person capable of controlling the dog; and the dog must be humanely muzzled. If the dangerous dog is transferred to a new location, not later than the 7th day after the date of the transfer the person who owns or has custody or control shall notify HCPHES VPH of the change of location and provide the address of the new location of the dog. If ownership, custodianship, or control of the dog changes, the name and address of the new person who owns or has custody or control must be provided to HCPHES VPH. In connection with a change in the ownership, custodianship, or control of a dangerous dog: If the new person who owns or has custody or control resides in Harris County, HCPHES VPH will notify the new person who owns or has custody or control that the dog is a dangerous dog; that the registration of a dangerous dog is not transferable; and that the new person who owns or has custody or control is subject to the requirements of these Regulations. When any person in Harris County becomes the owner, custodian, or controller of a dog that has been previously declared dangerous under these Regulations, within fourteen (14) days of receipt of the dog or notice that the dog has been previously declared dangerous (whichever occurs first in time), the new person who owns or has custody or control shall register the dog as required by these Regulations. If the new person who owns or has custody or control is not located in Harris County, HCPHES VPH will notify the new person who owns or has custody or control and the appropriate animal control authority in the area where the dog has been transferred that the dog has been previously determined to be a dangerous dog in Harris County.
Compliance with these Regulations for dangerous dogs is in addition to and concurrent with compliance with rabies control rules and quarantine requirements as set forth in these Regulations and under state law.
SECTION 9. VIOLATIONS AND ENFORCEMENT OF DANGEROUS DOG RESTRICTIONS
A person who owns or has custody or control of a dangerous dog commits an offense if the person fails to comply with any provision of Section 8 of these Regulations. An offense defined in this section is a Class C misdemeanor unless it is shown at trial that the defendant has previously been convicted of a violation identified in this section, in which case an offense is a Class B misdemeanor. Each violation of these Regulations constitutes an act in contempt of Commissioners Court. Commissioners Court has the power to enforce its orders by civil contempt and may punish contempt by fine or imprisonment pursuant to Section 81.024 of the Local Government Code. Each and every day a person fails to comply with these Regulations is a separate violation.The restrictions and requirements of Sections 8 of these Regulations may be enforced concurrently with Chapter 822, Subchapter D, of the Texas Health and Safety Code, as amended. These Regulations do not restrict or limit the power of the County or State to choose to prosecute any person for criminal or civil penalties pursuant to that subchapter in addition to or as an alternative to prosecution under these Regulations.
If any person violates any provision of Section 8 so that there is a threat to public health and safety, HCPHES VPH may notify the County Attorney and request authorization from Commissioners Court to file suit to enjoin the violation.
SECTION 10. DEFENSES
It is a defense to prosecution under these Regulations that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog in connection with that position. It is a defense to prosecution under these Regulations that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes).
SECTION 11. REGULATION OF SALE AND SOLICITATION OF LIVE ANIMALS
The sale of live animals is banned if it occurs on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot. The erection, maintenance, or placement of a structure by a vendor of live animals is banned from a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
SECTION 12. VIOLATIONS AND ENFORCEMENT OF SALE AND SOLICITION OF LIVE ANIMALS.
A person commits an offense if the person knowingly offers for sale live animals while on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person knowingly erects, maintains or places a structure for the purposes of selling live animals on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person obstructs or threatens to obstruct the removal of a structure that is in violation of this regulation.
Each offense under this section is a Class C misdemeanor.
Each day a violation continues is a separate offense.
SECTION 13. UNLAWFUL RESTRAINT OF DOGS
A person who owns or has custody or control of a dog and who uses a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system shall comply with Chapter 821, Subchapter D, sections 821.076 through 821.081 of the Texas Health and Safety Code, as amended. Dogs must have a properly fitted collar and restraint system as required by Subchapter D, Chapter 821 of the Texas Health and Safety Code. A person who owns or has custody or control of a dog may not leave a dog outside and unattended by use of a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system that: unreasonably limit the dog’s movement: between the hours of 10 p.m. and 6 a.m.; or is located within 500 feet of a school; or occurs during extreme weather conditions as defined in Subchapter D, Chapter 821 of the Texas Health and Safety Code. A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system unreasonably limits a dog’s movement if it: uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; is a length shorter than the greater of: 17 five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or 10 feet; is in an unsafe condition; or causes injury to the dog.
SECTION 14. VIOLATIONS AND ENFORCEMENT OF UNLAWFUL RESTRAINT
A person commits an offense if the person knowingly violates this subchapter.
A peace officer or Animal Control Officer who has probable cause to believe that an owner is violating Subchapter D, Chapter 821 of the Texas Health and Safety Code shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.
A person commits an offense if the person violates Subchapter D, Chapter 821 of the Texas Health and Safety Code and previously has been convicted of an offense under Subchapter D, Chapter 821 of the Texas Health and Safety Code. An offense under this subsection is a Class B misdemeanor.
If a person fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.
If conduct constituting an offense under Subsection D, Chapter 821 of the Texas Health and Safety Code also constitutes an offense under any other law, the actor may be prosecuted under Subchapter D, Chapter 821 of the Texas Health and Safety Code, the other law, or both.
Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a penalty under Subchapter D, Chapter 821 of the Texas Health and Safety Code shall remit the penalty collected for deposit in the general fund of the county.
SECTION 15. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES
When a person is charged with a misdemeanor offense under Sections 4, 5, 6 or 7 of these Regulations, the court, in its sole discretion, may defer the proceedings and allow the person 180 days to present evidence that subsequent to the alleged act, she/he has successfully complied with any reasonable condition imposed on him/her by the court pursuant to Texas Code of Criminal Procedure, article 45.54. Such condition(s) may include the condition that she/he successfully complete the HCPHES VPH First Offender Program, which requires:
The payment of a $10.00 registration fee; and 18 Attending a 3-hour class presented by HCPHES VPH.
At the end of the 180-day deferral period, if the person charged with the misdemeanor presents evidence that she/he has complied with the condition(s) imposed by the court, the court may dismiss the complaint.
SECTION 16. EFFECTIVE DATE
These Regulations shall become effective on October 1, 2007. All previously adopted rules and regulations are superseded and repealed.
City of Pasadena Dangerous Dog Laws
Every person owning or having charge, care, custody or control of any dog shall keep such dog exclusively upon his own premises by means of physical restraint; provided, however, that such dog may be off such premises if it is under direct control of said person by means of a secure leash not over six (6) feet in length or by some other equivalent means of physical control.
(Ord. No. 72-20, § 1, 2-8-72)
Every person owning or having charge, care, custody or control of any domestic animal or bird shall keep such animal or bird exclusively upon his own premises by means of physical restraint; provided, however, that such animal or bird may be off such premises if it is under direct physical control of said person.
Any domestic animal or bird in violation of this section may be seized or impounded by the department.
(Ord. No. 72-20, § 1, 2-8-72)
(a) Dogs not vaccinated or registered pursuant to the provisions of this article, and dogs in violation of section 6-30 of this article, shall be seized and impounded at the center.
(b) Reasonable effort shall be made by the department to promptly notify the owner of any impounded animal or the holder of the vaccination-registration certificate of any vaccinated or registered animal by telephone, personal service, or ordinary mail addressed to the owner of such animal at the place listed on the vaccination-registration certificate.
(Ord. No. 72-20, § 1, 2-8-72)
(a) The owner shall be entitled to resume possession of any impounded dog upon payment of the impoundment and daily board fees and compliance with vaccination-registration requirements; provided application for such possession, with payment of all required fees, is made within seventy-two (72) hours after impoundment.
(b) Any other animal impounded may be reclaimed by the owner upon payment of impoundment and daily board fees and compliance with other legal requirements for keeping of such animal.
(c) If any dog or other animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from such quarantine or observation by a veterinarian, and after payment of all fees necessary for such release. The payment of fees may be deferred until the animal is eligible for such release.
(d) Any dog impounded and not reclaimed by the owner as set forth in subsection (a) above may be humanely destroyed after being held for at least seventy-two (72) hours after impoundment. If the director determines that any unclaimed dog isreasonably healthy, currently vaccinated against rabies, and should not constitute a threat to public or animal health of the community, the director may, after the seventy-two-hour holding period, offer such dog to the Society for the Prevention of Cruelty to Animals, an animal shelter, or other institution for adoption, or may sell the dog. If the dog is not accepted for
adoption or sold, it may be humanely destroyed.
(e) If any impounded animal, other than a dog, is not reclaimed by the owner as set forth in subsection (b) above, the animal shall be held for such time as the director deems reasonable, considering the animal's probable value, condition of health, and suitability for use. Upon expiration of such reasonable time the director may offer the animal, if suitable, to the city zoo or the Society for the Prevention of Cruelty to Animals or the animal shelter, and if not accepted by them, it may be sold or humanely destroyed.
(f) Any animal impounded and suffering from serious injuries, in great pain with probability of recovery remote; or having a communicable or infectious disease which would endanger the health of people or other animals, may be humanely destroyed after reasonable efforts to determine ownership have failed. However, no animal under quarantine or observation for a bite incident or under suspicion of having rabies shall be destroyed until it has been released from said quarantine or observation by a veterinarian.
(g) Animals may be disposed of under seventy-two (72) hours from the time of impoundment if upon notification of impoundment of said animal the owner states he does not wish to redeem the animal and subsequently in writing releases the animal to the sole jurisdiction of the department.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 81-221, § 1, 11-17-81)
(a) The impoundment fee shall be fifteen dollars ($15.00) for the first offense, thirty dollars ($30.00) for the second offense, and fifty dollars ($50.00) for all subsequent offenses for the same owner or person.
(b) A daily board fee of five dollars ($5.00) shall be charged for every day or fraction thereof that an animal shall be confined in the center.
(c) A fee of ten dollars ($10.00) may be charged for animal pickup service requested by the owner of the animal.
(d) Any dog redeemed by or released from quarantine to an owner shall be required to meet the vaccination-registration requirements of this article prior to release. If vaccination-registration is performed at the center the current fee for such services shall be paid prior to said release.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 81-221, § 1, 11-17-81; Ord. No. 94-1, § 3, 1-11-94)
(a) The owner shall confine within an approved enclosure every dog declared dangerous as defined by Texas Health and Safety Code Section 822.041(2). An approved enclosure must meet the following requirements:
• The enclosure must be constructed within a securely fenced area.
• The pen must be no less than one hundred forty four (144) square feet per dog and no less than six (6) feet in height with nine-gauge heavy duty cyclone fencing with posts set in concrete and constructed in a manner which will prevent the dog(s) from digging out of the pen.
• There must be a top on the pen of sufficient construction and strength to prevent the dog(s) from climbing out of the pen.
• There must be two locked entry gates to the pen constructed to allow a person to close the outer gate before opening the inner gate.
• There must be heavy-duty steel or brass, two-inch body width, three-eighths-inch shackle diameter and one-inch shackle length locks on both entries to the pen and one for each gate or other entry to the outer fencing.
• There must be a 5' × 8' concrete slab per dog within the enclosure, graded to allow for proper drainage. A dog house, sufficient to protect the dog(s) from the elements and large enough for the dog(s) to lie stretched out, stand up and turn around in shall be placed on the concrete pad.
• Signs warning the public of a dangerous dog(s) shall be placed such that they are visible from each street that provides access to the premises upon which the dog(s) is kept. These signs must be child friendly to sufficiently warn a person who cannot read that a dangerous dog is on the premises. Signage shall be clear and easily read.
• A dangerous dog may not be chained to any object either on or off the property of the owner.
• The dog's owner shall notify the animal control department any time the dog(s) is removed from the City of Pasadena.
Confinement shall be in such a manner that the dog(s) cannot come in contact with any person or other animal. A dog that has been declared dangerous:
(1) Must wear a muzzle at all times when not inside an approved enclosure,
(2) Must be spayed or neutered at the expense of the owner by the 30th day after which the dog has been declared dangerous,
(3) Must receive a microchip at the expense of the owner by the 30th day after which the dog has been declared dangerous, and
(4) Must at all times wear a city issued dangerous dog tag which must be renewed annually at the office of animal control. The yearly fee for a dangerous dog tag is one hundred dollars ($100.00). Late registration will be cause for permanent removal of the dog(s) from the owner's custody.
(b) The director of health or his designee may cause the muzzling, secure confinement, or humane destruction of any dog determined to be dangerous under § 822.0421 of the Texas Health and Safety Code, as amended, for any of the following reasons:
(1) Whenever a dangerous dog has committed an unprovoked attack upon any person or other animal.
(2) Whenever any lawful patron or visitor of a business is jeopardized by a guard dog which is not securely confined during hours said business is open to the public.
(3) Whenever an animal has attacked and killed any person or animal.
(4) Whenever an animal has committed an attack on any person which resulted in injuries sufficient to endanger the life or permanent health of the person.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 85-228, § 1, 11-19-85; Ord. No. 07-337, § 1, 11-27-07)
(a) A person may report an incident described by Section 822.041(2) of the Texas Health and Safety Code to a municipal court, a justice court, or a county court. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(b) If the owner fails to deliver the dog as required by subsection (a), 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 until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(c) The court shall determine, after notice and hearing as provided in Section 822.0423 of the Texas Health and Safety Code, whether the dog is a dangerous dog.
(d) The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under Section 822.042 of the Texas Health and Safety Code and the dog is returned to the owner or destroyed.
(e) The owner shall pay a cost or fee assessed under Section 822.042(d) of the Texas Health and Safety Code.
(Ord. No. 07-337, § 2, 11-27-07)
The director or other officer designated by the director, upon receiving notification from the owner, victim, a physician or other complainant that an animal is involved in a bite incident, shall order the quarantining of said animal causing the bite. Upon issuing an order for quarantine, the rules provided for in this article for quarantine shall be enforced and every person to whom such order is shown or has actual knowledge thereof, shall obey all requirements of said quarantine.
(Ord. No. 72-20, § 1, 2-8-72)
(a) Every animal that bites a human or other animal, or has rabies or is under suspicion of having rabies, shall be immediately confined by the owner, who shall promptly notify the department, or a police officer who shall notify the department of the place where such animal is confined and the reason thereof. The owner shall not permit such animal to come in contact with any other person or animal. The owner shall surrender possession of such animal to the department on demand for supervised quarantine. Supervised quarantine shall be in the center or a veterinary hospital; or, by any other method of adequate confinement approved by the director. The quarantine period shall be for not less than ten (10) days immediately following the time of the bite incident and shall be under the supervision of a veterinarian who shall submit to the department written reports as to the animal's health on the initial day of observation and on the fifth and the tenth day immediately following the date of said bite incident. A release from quarantine may be issued if no signs of rabies have been observed during the quarantine period.
Any animal quarantined other than at the center shall be observed by the same veterinarian throughout the entire required quarantine period in the same manner as outlined above, and the owner shall immediately notify the department as to the veterinarian supervising the quarantine.
If the director orders quarantine other than in the center or a veterinary hospital, the owner shall be responsible for confining the animal as designated by the director so as to prevent further exposure to humans or animals during the quarantine period. He shall also be required to obtain the same veterinary supervision of the animal and release from quarantine as required in a veterinary hospital or at the center.
(b) Any guard or police dog currently vaccinated and registered that is involved in a bite incident while in the expressed performance of his guard or police duties, shall be allowed to continue on duty under quarantine. It shall be the responsibility of the owner to have the dog observed during, and released from, quarantine by a veterinarian as under (a) of this section.
(c) The violation of quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the department.
(d) All animal bite reports shall be investigated by personnel of the department. Without permission of the director it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a human or other animal; or that has been placed under quarantine, except when it is necessary to kill such animal to protect any person or other animal.
(e) The director shall direct the disposition of any animal found to be suspected of being rabid.
(f) The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the department.
(g) Every animal that has been bitten by another animal shall be immediately confined by the owner who shall promptly notify the department of the place where such animal is confined and the reason therefor. The owner shall not permit such animal to come in contact with any other person or animal.
Any animal exposed to rabies shall be handled in one of the following manners:
(1) Humane destruction with notifications to, or under supervision of the department.
(2) If not currently vaccinated, quarantined in a veterinary hospital or at the center for at least six (6) months immediately following the date of the exposure.
(3) If currently vaccinated, immediate revaccination and quarantine for at least thirty (30) days immediately following the date of exposure.
(h) No person shall fail or refuse to surrender an animal for supervised quarantine or humane destruction as required herein for rabies control when demand therefor is made by the department.
(Ord. No. 72-20, § 1, 2-8-72)
(i) Rabies vaccination records shall be maintained at the site of vaccination and be readily available to local health officials in the event of possible exposure to rabies.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 90-66, § 1, 4-3-90)
(a) No person shall own, keep or harbor within the city any dog or cat four (4) months of age or older unless such animal has a current vaccination. An animal will have a current vaccination for the remainder of the month during which it was vaccinated and for the following twelve (12) calendar months. The animal must be revaccinated before the expiration of the first and each subsequent current vaccination period.
(b) Vaccination will not be required of any animal when both of the following documents, to be filed at the center, are approved and accepted by the director:
(1) A certificate from a veterinarian that such animal should not be inoculated with rabies vaccine and the valid medical reasons therefor.
(2) An affidavit from the owner that such animal is kept so that it cannot come in contact with other animals or constitute a threat to public health and the method of keeping.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 85-228, § 1, 11-19-85)
(a) No owner shall have within the city any dog four (4) months of age or older unless such dog is currently registered with the department. No dog shall be registered unless it has a current vaccination or an exemption under section 6-38(b). A registration shall be considered as being current for the period of the current vaccination for which it was issued. A vaccination-registration certificate and tag may be obtained at the time of vaccination from veterinarians who have obtained authority from the center to issue them; or from an employee at the center upon presentation of a certificate of current vaccination.
(b) Upon application by a veterinarian the department shall furnish said veterinarian with a supply of prenumbered vaccination-registration certificates and corresponding tags. The veterinarian shall be authorized to receive applications and issue certificates and tags for animals at the time of vaccination. Copies of all certificates issued shall be distributed and transmitted to various city agencies in accordance with arrangements made by the director with the veterinarian. When applying for additional certificates and tags the veterinarian shall account to the department for all those previously supplied to him. At that time the veterinarian shall remit to the center all fees collected. He shall be held financially responsible for any other certificates and tags no longer in his possession that have not been issued or voided and returned to the center. The department shall not supply additional certificates and tags to any veterinarian who fails to account for all those previously furnished him by the center. All fees collected by any veterinarians are payable to the city upon demand.
(c) Application for initial issuance or renewal of each registration must be made by the owner in writing or in person, and be accompanied by a fee of ten dollars ($10.00); provided, however, that the fee for an animal that has been spayed or neutered shall be a one-time fee of seven dollars and fifty cents ($7.50) valid for the life of the animal; and, provided, however, that when the mayor of the City of Pasadena files with the city secretary a statement that there exists a case of rabies in Harris or any adjoining county, the registration fee shall automatically be suspended for a period of sixty (60) days.
(d) A registration shall be renewed no later than the date of expiration of the current vaccination period for which it was issued, as defined in section 6-38(a) of this article.
(e) No person shall use a certificate or tag for any animal other than the one for which it was issued.
(f) If there is a change in ownership of a registered dog, the new owner shall have the registration transferred to his name. Application for such transfer shall be made at the center in writing or in person, and be accompanied by a fee of twenty-five cents ($0.25).
(g) Fee exempt registration may be issued for the following:
(1) Police or sheriff department's dog.
(2) Dogs trained to lead the blind.
(3) Dogs vaccinated in city-sponsored clinics. However, only one of these fee exempt registrations shall be issued for any one household.
(4) Animals other than dogs that are vaccinated against rabies.
Eligibility for fee exempt registration does not relieve the owner of this responsibility under other provisions of this article.
(Ord. No. 72-20, § 1, 2-8-72; Ord. No. 79-198, § 1, 12-26-79; Ord. No. 94-1, § 3, 1-11-94)
(a) Upon registration there shall be delivered to the owner a metallic tag stamped with the vaccination-registration certificate number and the year in which issued.
(b) The owner shall see that the dog wears at all times a collar to which such tag shall be attached, except as in (c) below. It shall be unlawful for any person to remove said tag from the collar without the owner's consent.
(c) Dogs being used for hunting, on exhibition at American Kennel Club approved shows, engaged in a specific "dog club" sponsored race or trial, and such dogs while being transported to and from such events need not wear their collars nor their tags.
(d) If such tag is lost or destroyed, the owner shall apply at the center in writing or in person for a new tag by presentation of the applicable vaccination-registration certificate accompanied by a fee of fifty cents ($0.50).
(Ord. No. 72-20, § 1, 2-8-72)
(a) It shall be the duty of the director to keep or cause to be kept, accurate and detailed records of all vaccination-registrations, the impoundment of animals, all bite incidents reported to the department and investigation of same. The report of a bite case involving a rabid or suspected rabid animal shall be immediately communicated to the director of the Harris County Health Unit.
(b) The aforesaid records shall be audited annually in the same manner as other city records are audited, and shall be opened to inspection as public records at all reasonable times.
(Ord. No. 72-20, § 1, 2-8-72)
It shall be unlawful for any dog trained to guide any blind person to be admitted when actually accompanying such blind person to any public place or vehicle which such blind person may have the lawful right to enter, if the dog is currently vaccinated and registered.
(Ord. No. 72-20, § 1, 2-8-72)
It is a misdemeanor for any person to do any act forbidden, or fail to perform any act required in this article and any violations are punishable as provided in section 1-7 of the Pasadena Code of Ordinances.
Family Bystander Mental Anguish Claims
Texas recognizes the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact a Pasadena dog bite lawyer today to discuss bystander and mental anguish claims.
Negligence Based on Failure to Stop an Attack
A Texas dog owner owes a duty to attempt to stop his dog from attacking a person after the attack has begun. This is a civil duty, meaning that the Pasadena dog bite victim can sue for monetary damages if the dog owner does not attempt to stop the attack.
If you or a loved one have been bitten or mauled by a dangerous dog in Pasadena or Harris County, TX, please contact one of the experienced Pasadena dog bite injury lawyers listed on this page.
What Should You Do if You Have Been Bitten by a Dog?
- Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
- Immediately wash the wound out with soap and warm water.
- Make sure that you are up to date on your tetanus shots.
- Seek the help of a physician or visit a local hospital.
- Report the bite to the Pasadena Planning and Development Services Department (contact information below).
- Seek the help of a Pasadena dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.
For more information on dog bites and their victims, visit DogsBite.org
Dog Bite Reporting:
If you would like to report a Pasadena area or Harris County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Harris County Public Health & Environmental Services (HCPHES) office at:
A variety of animal training classes and services are offered by the Pasadena SPCA. The Pasadena SPCA may be reached at:
Contact one of the experienced Pasadena dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Pasadena and Surrounding Cities
Serving clients throughout Southeastern Texas, including Brookside Village, Channelview, Clear Lake, Cloverleaf, Deer Park, Edgebrook, Friendswood, Galena Park, Harrisburg - Manchester, Highlands, Houston, Jacinto City, Kemah, La Porte, League City, Lynchburg, Morgan's Point, Nassau Bay, Pasadena, Pearland, Seabrook, Southbelt - Ellington, South Houston, Taylor Lake Village, Webster and other communities in Harris County.
If you or a loved one has suffered an injury, please contact one of the experienced Harris County dog bite lawyers listed on this page.