AFFIRMATIVE DEFENSE.
Austin City Code § 3-5-6
in effect§ 3-5-6 - AFFIRMATIVE DEFENSE.
(A) Except as provided in Subsections (B) and (C), it is an affirmative defense to a prosecution under this article that a dangerous animal is:
(1) kept in a zoo, shelter, museum, or educational or medical institution;
(2) kept for temporary public exhibition by a circus, carnival, or other traveling exhibition;
(3) kept at or in transit to a licensed veterinary clinic; or
(4) kept by a person holding a license or permit that authorizes the person to attempt to rehabilitate the dangerous animal.
(B) A person may assert a defense under this section only if the person has provided proper care for the dangerous animal and securely confined the dangerous animal to prevent contact with humans.
(C) A person may assert a defense under Subsections (A)(1), (2) or (3) only if the person is in compliance with the requirements prescribed by Section 3-5-2 (Insurance Required).
Source: 1992 Code Sections 3-1-3(F) and (G); Ord. 031009-9; Ord. 031211-11.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT3ANRE_CH3-5DAAN_S3-5-6AFDEFetched: 10/27/2026