The following words, terms and phrases, when used in this chapter,
shall have the following meanings:
(a)
Authorized investigator
means the director's
designee, a City of Midland animal services officer, or a City of
Midland police officer.
(b)
Bodily injury
means physical pain, illness,
or any impairment of physical condition.
(c)
Cat
means a domesticated animal that is a member
of the feline family.
(d)
Dangerous dog
means a dog that:
(1)
Makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own;
(2)
Commits unprovoked acts in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent
the dog from leaving the enclosure on its own and those acts cause
a person to reasonably believe that the dog will attack and cause
bodily injury to that person; or
(3)
Commits an unprovoked attack on another dog or cat that injures or
harms such dog or cat and such unprovoked attack occurs in a place
other than an enclosure in which the dog committing the attack was
being kept and that was reasonably certain to prevent the dog from
leaving the enclosure on its own.
(e)
Director
means the director of animal services
for the City of Midland.
(f)
Dog
means a domesticated animal that is a member
of the canine family.
(g)
Municipal court
means the City of Midland municipal
court.
(h)
Owner
means a person who owns, possesses, harbors,
keeps or has custody or control of a dog.
(i)
Public place
means any place to which the public
or a substantial group of the public has access and includes, but
is not limited to, alleys, streets, rights-of-way, highways, parks,
and public and private schools.
(j)
Secure enclosure
means a fenced area or structure
that is:
(k)
Serious bodily injury
means an injury characterized
by severe bite wounds or severe ripping and tearing of muscle that
would cause a reasonably prudent person to seek treatment from a medical
professional and would require hospitalization without regard to whether
the person actually sought medical treatment.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
(a)
If
a person reports an incident involving an alleged dangerous dog to
the director or an authorized investigator, then the director or authorized
investigator, as applicable, may investigate the incident. If after
conducting the investigation, the director or authorized investigator,
as applicable, determines that there is probable cause to believe
the dog is a dangerous dog, then the director or authorized investigator,
as applicable, shall file a sworn petition in municipal court seeking
a judicial determination that the dog is a dangerous dog.
(b)
Notwithstanding subsection (a), the director or an authorized investigator may file a sworn petition in municipal court seeking a judicial determination that a dog is a dangerous dog based on his or her own observations and investigation without first receiving a report of an incident involving such dog.
(c)
The
sworn petition filed with the municipal court may contain the following
information:
(1)
Name, address and telephone number of the complainant;
(2)
Date, time and location of the incident involving the dog;
(3)
Description of the dog;
(4)
Name, address and telephone number of the dog's owner, if known;
(5)
A statement regarding the dog that is believed to be a dangerous
dog, stating the facts upon which such petition is based;
(6)
A statement that the dog has exhibited vicious propensities in past
conduct, if known; or
(7)
Other facts or circumstances of the incident.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
If after reviewing the petition, the municipal court finds that
there is probable cause to believe that the dog in question is a dangerous
dog, the municipal court shall order the animal services division
to seize the dog and shall issue a warrant authorizing such seizure
pending the hearing. The animal services division shall seize the
dog and shall provide for the impoundment of the dog in secure humane
conditions. If the animal services division has the alleged dangerous
dog in its possession, the animal services division shall maintain
such possession prior to the hearing unless the municipal court orders
that the dog should be released to its owner pending the hearing.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
(a)
Upon filing of a petition under Section 6-10-2, the municipal court shall set a hearing to determine whether the dog is a dangerous dog. The hearing must be commenced not later than the tenth day after the dog is seized or delivered.
(c)
Any
interested party, including the city attorney's office, is entitled
to present evidence at the hearing.
(d)
The
person who filed the petition shall have the burden of proof at the
hearing. The standard of proof required is by a preponderance of the
evidence.
(e)
The
municipal court shall render a decision in writing within 72 hours
after the conclusion of the hearing.
(f)
The
municipal court may order the humane destruction of the dog if the
owner of the dog has not been located before the fifteenth day after
the seizure and impoundment of the dog.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
(a)
If
the municipal court finds that the dog is not a dangerous dog, the
municipal court shall order the animal services division to return
the dog to the owner, if the dog is in the city's possession.
(b)
If
the municipal court finds that the dog is a dangerous dog, the municipal
court shall order the director to immediately seize the dangerous
dog, unless the dangerous dog is already in the possession of the
animal services division, and further order the owner of the dangerous
dog to do the following not later than the eleventh day after the
municipal court has determined that the dog is a dangerous dog:
(1)
Register the dangerous dog with the animal services division and
pay a $50.00 yearly registration fee;
(2)
Provide for a secure enclosure in which the dangerous dog will be
kept and allow the animal services division reasonable access to said
secure enclosure for the purpose of inspecting its sufficiency as
a secure enclosure;
(3)
Obtain a current animal license from the city for the dangerous dog;
(4)
Obtain a current rabies vaccination for the dangerous dog;
(5)
Obtain liability insurance coverage in an amount of at least $1,000,000.00
to cover damages resulting from an attack by the dangerous dog causing
bodily injury to a person, with the City of Midland named as an additional
insured on such insurance policy;
(6)
Pay all costs or fees assessed by the City of Midland related to
the seizure and impoundment of the dangerous dog, which shall include
a $50.00 per day dangerous dog boarding/quarantine fee; and
(7)
Provide satisfactory proof to the municipal court that the owner
has complied with this subsection in all respects.
(c)
If
the municipal court finds that the dog caused the death of a person
by attacking, biting, or mauling the person, the court shall order
the dog to be humanely destroyed.
(d)
If
the municipal court finds that the dog caused serious bodily injury
of a person by attacking, biting, or mauling the person, the court
may order the dog to be humanely destroyed.
(e)
If the municipal court finds that an owner has not fully complied with an order issued under subsection (b) within 11 days, the municipal court shall order the animal services division to humanely destroy the dangerous dog.
(f)
Any order to destroy a dog issued by the municipal court under Subsections (c), (d) or (e) is stayed for a period of ten calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal. The municipal court may not order the destruction of a dog during the pendency of an appeal under Section 822.0424 of the Texas Health and Safety Code.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
(a)
A person
commits an offense if the person is the owner of a dangerous dog and
the dog makes an unprovoked attack on another person outside the dog's
enclosure and causes bodily injury to that person.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
It is an affirmative defense to prosecution under Section 6-10-6 that:
(a)
The
person is a veterinarian, peace officer, person employed by a recognized
animal shelter, or 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 the person's employment.
(b)
The
person is an employee of the institutional division of the Texas Department
of Criminal Justice or a law enforcement agency that trains or uses
dogs for law enforcement or corrections purposes.
(c)
The
person is an employee of a guard dog company under Chapter 1702, Texas
Occupations Code, and has ownership, custody or control of the dog
in connection with the person's employment.
(d)
The
dog was defending a person from an assault or a person's property
from damage or theft by the injured person.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
This chapter does not affect the applicability of any other
law, ordinance, rule, regulation or other legal requirement of the
City of Midland or the State of Texas.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
The City of Midland elects to be governed by Section 822.0422
of the Texas Health and Safety Code.
(Ordinance 10224, sec. 1, adopted 8/24/2021)
