Madisonville Texas Stop trying to take away our constitutional rights

  • by: NTBBC
  • recipient: City Attorney and City Council of Madisonville Texas
Madisonville Stop trying to take away our constitutional rights to keep what is our property and even more than that, our "Family Members".In Violation of state law, Madisonville has created an illegal and unconstitutional law.  




According to Chapter 822.047 of the Texas Health and Safety Code, additional rules regarding dangerous dogs can be enacted by counties or cities if those requirements or restrictions "are not specific to one breed or several breeds of dogs."State Laws. 822.005. ATTACK BY DOG.(a) A person commits an offense if the person is the owner of a dog and the person:    (1)  with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or                 (2)  knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person. (b) In offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree.822.0421. DETERMINATION THAT DOG IS DANGEROUS.  (a)  If a person reports an incident described by Section 822.041(2), the animal control authority may investigate the incident.  If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.         (b)  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 a justice, county, or municipal court of competent jurisdiction.  An owner may appeal the decision of the justice, county, or municipal court in the same manner as appeal for other cases from the justice, county, or municipal court.Police and Animal Control officers need to enforce the laws that are in place. There is no need to create new laws. Besides denying citizens their constitutional right to have and own the type of dog they choose, it has been proven that Breed Specific Laws have never resolved dangerous dog problems.  The city attorney for Madisonville, John Bankhead, stated they are fully aware of the health and safety code-
 
Shane Phelps, who serves as Brazos Animal Shelter president, and has been involved with numerous legal cases involving animals as a prosecutor said "I have not seen, in Texas, anybody outright ban a breed, like pit bulls, because there's a state law against it,%u201D

Jay Sabarucci, the director of the Texas office for the Humane Society of the United States said "they are basically throwing out the baby with the bathwater."

www.kbtx.com/home/headlines/15753547.html
http://www.co.madison.tx.us/ips/cms
City of Madisonville %u2013 Officials http://www.ci.madisonville.tx.us/city_officials.htm All the officials listed here can be contacted at:
Madisonville City Hall
210 West Cottonwood, Madisonville, Texas 77864
Telephone: 936-348-2748, Fax: 936-348-3815
Mayor Don Dean


Chief of Police
George Sweetin



Mayor Pro Tem
Marvin Stanton




Madisonville City Council



Lois Brown



Terri Creel



Debra Drake



Pearline Johnson





Local Newspaper:  www.madisonvillemeteor.com



Madisonville Meteor

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