What happens to a dog after it attacks someone? By law, it’s case by case.

SAN ANTONIO – After a serious dog attack last week in a far west Bexar County neighborhood, viewers had a lot of questions about the dogs involved.

A 64-year-old woman barely escaped the vicious attack by three dogs when she was walking in her neighborhood on Wednesday.

One of the dogs had bitten someone the month before, which prompted some questions from viewers about why that dog was returned.

>> ‘This can’t be happening’: From a San Antonio hospital, woman attacked by 3 dogs tells her story

KSAT took those questions to Animal Care Services Field Investigator Sgt. Megan Alvarado.

“The first priority is to get the dog placed into a state-mandated rabies quarantine, and that differs from case to case,” Alvarado said.

Alvarado said dogs that have bitten someone can be held longer, but that has to start with one thing: the dangerous or aggressive dog affidavit.

The affidavit is a form that a victim or witness fills out and returns to ACS investigators and begins the process of deeming a dog aggressive or dangerous.

In last week’s attack, one of the dogs bit someone the month before, but that victim never filed the affidavit. Alvarado confirmed that is the reason the dog was legally given back to the owner, according to multiple levels of law.

“We have the Texas Administrative Code, the Texas Health and Safety Code. We have our own city ordinances as well,” she explained.

If the affidavit is filed and a judge deems a dog dangerous, an owner still can get that dog back under specific circumstances, including:

  • Licensed as dangerous dog
  • Wear a special identification collar
  • Be kept in a secure enclosure
  • Cannot leave owner’s property without specific leash
  • Be muzzled when outside
  • Be microchipped
  • Spayed/neutered
  • Have rabies vaccination
  • Owner must purchase a $100,000 liability insurance policy
  • Post a special warning sign
  • Attend a pet ownership class
  • Allow an annual inspection

The other option is if a dog attacks someone and the owner relinquishes ownership to the City of San Antonio, which is what happened in Wednesday’s case.

“If they legally surrender the animal or animals to the city, we’re not going to seek placement on a dog that has knowingly attacked somebody and endanger someone else,” Alvarado said.

Those three dogs were euthanized.

While the owners were given 10 criminal citations, those were strictly monetary. The ACS investigation into the attack is ongoing, and criminal charges are possible.

There is also another term that refers to a dog’s aggressive behavior towards other owned animals.

Alvarado said there are three levels of aggression.

  • Level 3: If a dog is free of restraint and attacks and kills an owned animal or livestock.
  • Level 2: If a dog attacks or injures an owned animal or livestock while they’re free of restraint
  • Level 1: If a dog is free of restraint and menaces, chases or harasses owned animals or livestock

The ACS website has a hub for information about dangerous and aggressive dogs. The website has the option to make a report or watch videos to learn about the process.

There is also a link at the bottom of the page to a responsible pet ownership course.


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