In this Chapter, unless the context otherwise requires:
Means any live vertebrate creature, domestic or wild, excluding
man.
Means not under the control of the owner, or other persons
acting for the owner.
Means any abrasion, puncture, or tear of the skin actually
or suspected of being caused by the teeth or claws of an animal.
Means persons designated by the City who are responsible
for the enforcement of this Chapter and the regulations promulgated
hereunder.
Means a band, chain, harness or suitable device worn around
the neck of a dog to which a license tag may be affixed.
Means any establishment authorized by the city enforcement
agent for the confinement, maintenance, safekeeping and control of
dogs or other animals which come into the custody of the city enforcement
agent in the performance of his official duties.
Means a member of the Canis familiaris family.
Shall include any horse, mule, cow, sheep, goat, guinea pig,
hamster, rabbit, ostrich or emu or other similar animal commonly classified
as livestock.
Shall include both male and female animals and means a variety
of operations that prevent conception.
Means any person owning, keeping, possessing, harboring or
maintaining a dog or other animal.
Shall include any chicken, duck, turkey, goose, guinea fowl,
peafowl, pigeon, or other similar animal commonly classified as poultry.
Means strict confinement under restraint by closed cage or
paddock approved by the department of animal control on the private
premises of the animal's owner, a licensed veterinarian or the department
of animal control.
Means an antirabies vaccination, using a type of vaccine
approved by the city's public health officer.
Unless otherwise indicated, means any veterinarian licensed
to practice in the State of Texas which provides clinical facilities
and houses animals or birds for dental, medical or surgical treatment.
A veterinary hospital may have adjacent to it, or in conjunction with
it, or as an integral part of it, pens, stalls, cages, or kennels
for quarantine, observation or boarding.
(Ordinance 7135 adopted 11/26/1991)
(A)
A person
owning, keeping, possessing, harboring or maintaining a dog, cat,
ferret, livestock, poultry, other bird or other animal shall prevent
said dog, cat, ferret, livestock, poultry, other bird or other animal
from being at large. Evidence of a culpable mental state is not required
to prove a criminal offense under this Section. It is hereby declared
that, for all offenses under this Section, the culpable mental state
required by Section 6.02 of the Texas Penal Code is specifically negated
and clearly dispensed with.
(B)
It is
an affirmative defense to prosecution under this Section that the
offense involved a dog at large and:
1.
Said
dog was securely restrained within a fenced area or other enclosure,
or under the control of the person owning, keeping, possessing, harboring
or maintaining said dog, either by leash, chain, cord or other suitable
material of not more than six feet in length and of sufficient strength
to control the action of said dog, provided that if said dog was tied
or staked upon any open or unfenced lot or land within the City, said
dog was tied or staked in a manner so as to prevent said dog from
going onto, across, or within eight feet of any street, alley, park
or other public property;
2.
Said
dog was actively engaged in dog obedience training, accompanied by
and under the control of the trainer or person owning, keeping, possessing,
harboring or maintaining said dog, provided that said dog was actually
enrolled in a dog obedience training school which was approved by
the city enforcement agent at the time of the alleged offense, and
that the person training said dog had in his or her possession a leash
of not more than six feet in length and of sufficient strength to
control the action of said dog;
3.
Said
dog was being used for hunting purposes; or
4.
Said
dog was being exhibited at an American Kennel Club-approved show.
(C)
The
city enforcement agent shall have the authority to apprehend and impound
any dog, cat, ferret, livestock, poultry, other bird or other animal
that is at large contrary to the provisions of this Section.
(D)
When
an enforcement agent has commenced pursuit of any dog, cat, ferret,
livestock, poultry, other bird or other animal at large, he or she
may continue said pursuit and follow said dog, cat, ferret, livestock,
poultry, other bird or other animal onto any unenclosed private property
for the purpose of apprehending it as soon as possible.
(Ordinance 6804 adopted 10/27/1987; Ordinance 9383, sec. 1, adopted 1/13/15)
(A)
It shall
be unlawful for any person to keep within the corporate limits of
the City any dog which has vicious propensities or which has evidenced
a disposition to attack human beings or domestic animals.
(B)
Provided,
however, that the provisions of this Section shall not apply to the
keeping of a police dog which is under the supervision and control
of a police officer pursuant to authorization by the chief of police.
(Ordinance 5360 adopted 8/8/1978)
It shall be unlawful for the owner or harborer of any female
dog in heat to allow such dog to run at large in the City, or keep
or maintain such animal in a public place. The owner or harborer of
any female dog in heat shall keep such dog in a firm enclosure to
prevent other dogs from entering the enclosure and prevent such female
dog from running at large, either off or on the premises of the owner
or harborer.
(Ordinance 5564 adopted 2/26/1980)
Any person who shall harbor or keep on his premises, or in or
about his premises, or premises under his control, any dog which,
by loud or unusual barking or howling, shall cause the peace and quiet
of the neighborhood or the occupants of the adjacent premises to be
disturbed, or reasonably liable to be disturbed, shall be guilty of
a misdemeanor.
(Ordinance 5360 adopted 8/8/1978)
(A)
It shall
be unlawful to harbor, have, keep, or possess any wild animal or poisonous
snake, within the city limits, except in a zoo or circus approved
by the City Council, a school or college for educational purposes,
state and federally licensed rehabilitation agencies, facilities owned
and used by a licensed veterinarian in connection with his practice
of veterinary medicine, or by virtue of a temporary exhibition permit
issued by the department of animal control.
(B)
A temporary
exhibition permit shall be issued subject to the payment of a $25.00
fee for administrative costs, and the agreement of the owner to comply
with reasonable safety requirements regarding accessibility to the
public, established by the department of animal control, which requirements
shall be made a part of the permit. The permit shall set forth the
period of time for which it is in effect, but in no instance shall
the permit be valid for a period longer than ten days.
(C)
It shall
also be unlawful to stand or park any vehicle containing wild animals
or poisonous snakes any place in the City for a period of time longer
than is necessary to make a lawful loading or unloading, except that
the standing of such vehicles made necessary by mechanical trouble,
traffic conditions, or accident or in obedience to the direction of
a police officer or traffic signal shall not be considered a violation
of this Section.
(D)
The
term "wild animal" for purposes of this Section shall mean all wolves,
coyotes, panthers, lions, bobcats, cougars, skunks, raccoons, armadillos,
poisonous reptiles or hybrids of these species and any other animal
typically found in a zoo except for the following:
(E)
Such
wild animals may continue to be kept in any pen or corral which was
erected and in which wild animals were kept prior to the annexation
of any area into the City, if application for a certificate of nonconformance
with the provisions of this regulation shall be made and said certificate
subsequently issued by the department of animal control. Said certificate
may only be obtained when the following four conditions have been
complied with:
1.
The
department of animal control has inspected the holding facility to
insure that its structure, materials and size meet the requirements
that are to be established by the director of the department of animal
control.
2.
The
applicant shall pay to the director of animal control, or his authorized
representative, an annual certification fee of $25.00 for each wild
animal in his possession.
3.
The
applicant shall provide a written statement by a licensed veterinarian
stating that the wild animal is in good health.
4.
The
applicant shall provide evidence to the director of animal control
or his authorized representative that he has in full force and effect
a liability insurance policy on each wild animal sought to be certified,
such insurance policy to be issued by an insurance company licensed
to do business in the state. Such insurance policy or policies shall
provide liability insurance in the amount of not less than $300,000.00
for bodily injury and accidental death protection for any one accident
or incident and not less than $100,000.00 for bodily injury and accidental
death protection for injury to any one person. Such insurance policy
or policies shall provide liability insurance in the amount of not
less than $50,000.00 for property damage protection for any one accident
or incident and not less than $25,000.00 for property damage protection
for damage to any one piece of property. Each liability insurance
policy shall contain a provision obligating the insurer to give to
the director of animal control written notice of cancellation not
less than ten days prior to the date of any cancellation.
(F)
It shall
be unlawful for any person to remove a wild animal from the confinement
of the facility approved by the department of animal control, except
when the wild animal requires medical attention. The removal of a
wild animal from the facility shall not take place without notifying
the department of animal control.
(G)
The
owners of wild animals shall have 90 days to apply for a certificate
of noncompliance from the department of animal control after the effective
date of this Section.
(H)
Whenever
a wild animal or ferret bites, scratches, or causes an open wound
to any person, the incident shall be reported to the department of
animal control immediately by any person having direct knowledge of
the incident.
(I)
Any
wild animal or ferret that bites, scratches or causes an open wound
to any person shall be impounded in the facilities of the department
of animal control within 24 hours of the incident, and the wild animal
or ferret shall be humanely destroyed within 24 hours of impoundment
in such a manner that the brain is not mutilated, and the brain shall
be submitted to a Texas Department of Health certified laboratory
for rabies diagnosis; unless, at the expense and request of the owner,
the wild animal or ferret is placed in a veterinary hospital to be
humanely destroyed in such a manner that the brain is not mutilated,
and the brain is submitted to a Texas Department of Health certified
laboratory for rabies diagnosis.
(J)
Upon
receiving notice that a wild animal or ferret has bitten, scratched,
or caused an open wound to any person, the department of animal control
shall notify the owner of the wild animal or ferret to surrender the
wild animal or ferret to the department of animal control, or its
duly authorized representative, within 24 hours of the bite, scratch,
or open wound, or to a veterinary hospital of the owner's choosing,
as long as said veterinary hospital is located in Midland County,
Texas, so that the wild animal or ferret may be humanely destroyed
in such a manner that the brain is not mutilated, and for shipment
of the brain to a Texas Department of Health certified laboratory
for rabies diagnosis. The failure of any owner to impound a wild animal
or ferret in accordance with the provisions of this Section shall
be grounds for the issuance of a summons from the municipal court
to the owner to appear and show cause for the failure to surrender
such wild animal or ferret. The municipal court shall have authority
to enforce the provisions of this Section by contempt proceedings
against the owner and/or, alternatively, by the issuance of a seizure
order authorizing and directing the department of animal control and
any peace officer to enter upon the premises and within any house
or other structure where the wild animal or ferret may be located,
for the purpose of seizing and impounding said wild animal or ferret
so that it may be humanely destroyed and for shipment of the brain
to the state laboratory for rabies diagnosis as aforesaid.
(K)
In this
Section, unless the context otherwise requires, the term "humanely
destroy" means to cause the death of a wild animal or ferret by a
method which rapidly produces unconsciousness and death without visible
evidence of pain or distress; or utilizes anesthesia produced by an
agent which causes painless loss of consciousness, and death following
such loss of consciousness.
(Ordinance 6430 adopted 8/14/1984; Ordinance 6823 adopted 4/26/1988; Ordinance
7135 adopted 11/26/1991)
(A)
Any
person who keeps, harbors or maintains any dog, cat or ferret over
the age of four months within the city shall apply for and obtain
a one-year license from the city or its designated agents for each
such animal. No license shall be issued until the applicant for the
license provides proof of current rabies vaccination as required in
this Chapter.
(B)
The
animal license fee for dogs, cats and ferrets shall be $7.00 per year.
(C)
Before
a license is issued for any animal, the owner shall present a rabies
vaccination certificate signed by a veterinarian stating the owner's
name and address and giving the animal's description, date of vaccination,
and type, manufacturer, and serial number of the vaccine and date
revaccination is due. No license may expire later than the expiration
date of the rabies vaccination.
Before any animal may be adopted from the City of Midland Animal
Services Division, or before any impounded animal may be reclaimed
from the City of Midland Animal Services Division, the owner shall
either allow the animal to be micro-chipped pursuant to Animal Services
Division guidelines and at the owner's expense, or show proof satisfactory
to Animal Services personnel that said animal has previously been
micro-chipped. Any misrepresentation by the owner regarding micro-chipping
of the animal shall constitute a violation of this section. The term
"micro-chip" means the implantation of an identification chip under
the skin of an animal for the purpose of identifying the animal's
owner.
If an owned animal is impounded twice within a three (3) year
period, then prior to the release of said animal to the owner after
the second such impoundment, the owner shall allow the animal to be
neutered at the owner's expense, or show proof satisfactory to Animal
Services personnel that said animal has been neutered previously.
Any misrepresentation by the owner regarding the neutering of said
animal shall constitute a violation of this section. In the event
that the neutering cannot be done in a timely manner by a TVMA licensed
veterinarian, located not further than fifteen (15) miles from the
Midland Animal Shelter, Animal Services may release said animal to
the owner, under the condition that the neuter surgery is completed
and proof provided to Animal Services within thirty (30) days. Failure
to do so shall constitute a violation of this section. The term "neuter"
means either the surgical procedures of ovariohysterectomy, orchiectomy
or castration.
(D)
Dog,
cat and ferret license tags shall be issued by the department of animal
services and authorized, licensed veterinarians. All licenses issued
by the appointee shall be on numbered forms and tags furnished by
the department of animal services, subject to the provisions of this
Chapter and any other rules and ordinances relating to the issuance
of such a license.
(E)
Every
person engaged in the operation of a kennel shall comply with the
provisions of section 11-1-10 of the Midland City Code and pay the
city enforcement agent, or his authorized representative, an annual
license fee of $25.00. Upon approval, the recipient must and shall
exhibit a copy of his specific use permit for a kennel at a prominent
place which is easily visible at the location shown on his application.
Except as described below, a person is engaged in the operation of
a kennel if that person keeps more than five dogs, cats, or ferrets,
or any combination of five thereof. A person who keeps only neutered
animals is engaged in the operation of a kennel if that person keeps
more than eight dogs, cats, or ferrets, or any combination of eight
thereof. Excluded from the determination made under this subsection
are animals kept in compliance with Section 12 of this Chapter and
offspring under four months of age. Those operating a kennel which
houses animals other than dogs and ferrets shall be given exception
to this subsection upon registration with the city enforcement agent
within 30 days of the effective date of this ordinance. Those persons
given exception to this subsection shall not replace an animal upon
death, or other occurrence resulting in loss, unless replacement would
not cause a violation of this subsection.
(F)
Persons
who are residents of the state and own a guide dog for the blind or
an aid dog for the hearing impaired, or any bona fide nonprofit organization
which is in the business of breeding, raising or training dogs which
are to be used for guiding the blind or for the hearing impaired,
shall upon application by the owner or organization to the city enforcement
agent and on presentation of proper proof of vaccination be licensed
pursuant to this Section without payment of a fee.
(G)
Each dog, cat or ferret licensed under the terms of this Section shall receive at the time of licensing a tag on which shall be inscribed the name of the county, the number of the license, and the year in which it was issued. The tag shall be attached to a collar or harness which shall be worn by the dog, cat or ferret at all times except as otherwise provided in this Section. Whenever a tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a $1.00 fee to the city enforcement agent or his authorized representative. If a dog, cat or ferret is impounded that does not have attached to its collar or harness a tag issued under the terms of this Section, then the impounded dog, cat or ferret shall be considered as unlicensed and the owner shall be subject to the impoundment fees as described in Title VI, "Police Regulations," Chapter 6-2, "Animals and Fowls," Section 10, "Impoundment time, notice and cost," of the Midland City Code.
(H)
Any
person who counterfeits or attempts to counterfeit an official tag
or remove such tag from any dog, cat or ferret for the purpose of
willful and malicious mischief, or places a tag upon a dog, cat or
ferret unless the tag was issued to that dog, cat or ferret, is guilty
of a misdemeanor.
(I)
Whenever
the ownership of a dog, cat or ferret has been changed, the new owner
must secure a transfer of license to such owner. The transfer fee
of $1.00 shall be charged to transfer any license.
(J)
Dogs,
while being used for hunting, or dogs while being exhibited at American
Kennel Club approved shows, or cats and ferrets while being exhibited
in similar shows, and such dogs, cats or ferrets while being transported
to and from such events, need not wear a collar or harness with a
valid license tag attached, provided that they are properly vaccinated
and licensed.
(K)
The
city enforcement agent shall apprehend and impound any dog, cat or
ferret found without a current, valid license tag.
(L)
When
at the owner's request a dog, cat, ferret or other animal is picked
up by the department of animal control, a $15.00 pickup fee shall
be assessed in addition to a $15.00 transfer fee to a veterinarian
if so requested by the owner. For dead animal removal, a charge of
$10.00 for dogs, cats or ferrets and $25.00 for small livestock will
be assessed for transfer to veterinarian practices outside the city
limits.
(M)
Dog
dipping fee. Each time a dog is dipped at the department of animal
control, a fee of $15.00 shall be assessed to the owner.
(Ordinance 7135 adopted 11/26/1991; Ordinance 7207 adopted 11/24/1992; Ordinance 8171, sec. 1, adopted 6/24/2003; Ordinance 8692, sec. 1, adopted 1/13/09; Ordinance 9626, sec. 1, adopted 1/10/17)
(A)
Every dog, cat or ferret four months of age or older shall be vaccinated at intervals specified by the Texas Department of Health in a manner adequate to maintain immunity to rabies. The amount of $7.00 shall be included in the price of the vaccination to cover the cost of the license. A duplicate of each rabies vaccination certificate and each license issued shall be transmitted to the department of animal services before the tenth day of the month following the month during which said vaccination and licensing occurred. It shall be unlawful for any person to own any dog, cat or ferret unless such animal has been vaccinated against rabies and wears a current license tag as required by Section 6-2-7 of this Chapter.
(B)
A dog,
cat or ferret vaccinated in any other place prior to entry into Midland
may be licensed in Midland provided that, at the time of licensing,
the owner of such animal presents proof that the animal has been vaccinated
against rabies, showing the expiration date of the vaccination. The
vaccination must be in conformity with the provisions of this Section
and the regulations promulgated hereunder.
(Ordinance 7135 adopted 11/26/1991; Ordinance 8171, sec. 2, adopted 6/24/2003)
(A)
If a
dog, cat or ferret is impounded and found to be unvaccinated, the
city enforcement agent is hereby authorized to cause such dog, cat
or ferret to be vaccinated by a veterinarian at a cost to be borne
by the owner. Said veterinarian shall issue a certificate of vaccination.
(B)
Whenever
a dog or other animal bites or scratches any person, the incident
shall be reported to the city enforcement agent immediately by any
person having direct knowledge of the incident. The report shall include
the name and address of any victim and the owner of the animal, if
known, and any other data which may aid in locating the victim or
animal.
(C)
Any
dog or other animal that bites any person shall be quarantined and
impounded in the facilities of the department of animal control within
24 hours of the incident or, at the expense and request of the owner,
placed in a hospital, for a period of not less than ten days, for
observation for evidence of rabies.
(D)
Upon
receiving notice that a dog or other animal has bitten any person,
or facts constituting probable cause that the dog or other animal
is rabid, the city enforcement agent shall notify the owner of the
dog or other animal to surrender the dog or other animal to the agent,
or his duly authorized representative, within 24 hours of the bite,
or obtaining facts constituting probable cause that the dog or other
animal is rabid, or to a veterinary hospital of the owner's choosing,
for impoundment for quarantine and observation as aforesaid. The failure
of any owner to impound for quarantine a dog or other animal in accordance
with the provisions of this Section shall be an offense under this
Chapter. The municipal court shall have the authority to enforce the
provisions of this Section in any manner it deems appropriate and
authorized by law.
(E)
1.
If it
is determined by a veterinarian or authorized agent of the director
of animal control that a quarantined animal shows the clinical signs
of the disease of rabies, the department of animal control shall humanely
destroy the animal. If an animal dies or is destroyed while in quarantine,
the local health authority shall remove the head or brain of the animal
and submit it to the nearest Texas Department of Health laboratory
for testing.
2.
If a
veterinarian or authorized agent of the director of animal control
determines that a quarantined animal does not show the clinical signs
of rabies, the department of animal control shall release it to the
owner following the quarantine period if:
(Ordinance 5440 adopted 2/13/1974; Ordinance 6804 adopted 10/27/1987; Ordinance 7135 adopted 11/26/1990)
(A)
Each
unlicensed dog, cat or ferret impounded shall be kept and maintained
at the department of animal control for a minimum of two days. At
the expiration of the impoundment period, anyone may adopt the dog,
cat or ferret, provided such person pays all established fees and
complies with the licensing provisions of this Section within 24 hours.
If no person claims the dog, cat or ferret, the city enforcement agent
may dispose of the dog, cat or ferret in a humane manner, or may place
the dog, cat or ferret for adoption.
(B)
Any
licensed dog, cat or ferret impounded may be reclaimed, provided that
the person reclaiming the dog, cat or ferret furnishes proof of right
to do so and pays all established fees. If the dog, cat or ferret
is not reclaimed within ten days, the city enforcement agent shall
take possession and may place the dog, cat or ferret for adoption
or may dispose of the dog, cat or ferret in a humane manner. Any person
adopting such dog, cat or ferret shall pay all established fees.
(C)
Immediately
upon impounding a licensed dog, cat or ferret or other animal, the
city enforcement agent shall make a reasonable effort to inform the
owner or harborer of such dog, cat or ferret or other animal so impounded
of the conditions whereby such dog, cat or ferret or other animal
may be reclaimed.
(D)
The
impoundment fees and all other fees and costs of the Animal Services
Division are set forth in Ordinance No. 8333, passed September 13,
2005, as amended.
Any person adopting an animal from the Animal Services Division
shall pay an adoption fee, as set forth in Ordinance No. 8333, plus
a surgery deposit, as set forth in Ordinance No. 8333, toward the
neutering of said animal and the adopter shall, within 30 days or
when the animal reaches the age of six months, have the animal neutered
by a veterinarian of his choice. Upon receipt of notice from the veterinarian
(on forms provided by the Animal Services Division), said division
shall pay over to the veterinarian the said surgery deposit toward
his fee.
All animals shall be adopted from the Animal Services Division
pursuant to a contract setting forth all conditions, terms and stipulations
of the adoption. Such contract shall include, but not be limited to,
the following:
1.
The
adopting person shall comply with all the adoption conditions and
surgery conditions for the adopted animal as set forth in the contract.
2.
Should
the adopted animal be lost or die before the adoption and surgery
conditions as set forth in the contract have been complied with, such
loss or death shall be reported to the Animal Services Division within
24 hours of the occurrence.
3.
The
adopter shall forfeit the surgery deposit in the event that such surgery
deposit has not been redeemed within 30 days after the date surgery
was due to be performed.
4.
The
forfeiture of such surgery deposit shall in no way release the adopter
from the obligation of having the required surgery performed.
5.
The
director of Animal Services or his representative shall have the right
to repossess said adopted animal should the adopting person fail to
comply with the adoption or surgery terms and conditions of the contract.
(E)
Any
dog or other animal which apparently is suffering from serious injuries
and is in great pain and probably will not recover, or which has evidence
of any infectious disease which is a danger to other dogs or animals
or to man, may be destroyed by the city enforcement agent in as humane
a manner as possible after reasonable efforts to notify the owner
have failed.
(Ordinance 7135 adopted 11/26/1991; Ordinance 7525, sec. 1, adopted 5/14/1996; Ordinance 7630, sec. 7, adopted 7/22/1997; Ordinance 8341, sec. 1, adopted 10/11/2005; Ordinance 9383, sec. 2, adopted 1/13/15)
(A)
No
animals, fowls or birds shall be kept in a pen or corral (terms not
applying to general pasture areas of 20,000 square feet or more) within
50 feet of any residence, dining room, sleeping room or other place
of human habitation, or within 50 feet of any private water well,
except as otherwise permitted in Chapter 5 of this Title; provided,
however, that such animals, fowls or birds may continue to be kept
in any pen or corral which was erected and in which such animals,
fowls or birds were kept prior to the annexation of any area into
the City. However, if livestock are closer than the minimum 50 feet
from a private water well then such water well shall be required to
have a six-foot by six-foot by 5.5 inches thick concrete slab constructed
around the well head within 180 days after annexation.
(B)
The maintaining or keeping of all animals within the City shall be allowed, as stated above, only if the presence of noise, flies, mosquitos, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance and subject to the provisions of Chapter 8-7, of this City Code.
(D)
The provisions of subsection (A) above shall not apply to the keeping of small household pets, to include but not be limited to dogs and cats.
(E)
The
keeping of all animals within the City shall be subject to all pertinent
regulations of the State of Texas.
(F)
It shall be unlawful, except as provided in Section 6-2-12 of this Chapter, for any person to keep, possess, or maintain any livestock or poultry within the city limits.
(G)
It
shall be unlawful for any person, corporation, association, partnership
or business to keep, possess, or maintain any ferret within the city
limits unless a written statement from a licensed veterinarian has
been submitted to the city enforcement agent or his authorized representative
stating that the ferret is in good health and a permit has been issued
by the city enforcement agent or his authorized representative for
such ferret.
(H)
Property
owners in the AE, Agriculture Estate District, and CE, Country Estate
District, shall take samples from their private water wells for quality
testing by the Midland Health Department. The property owner shall
maintain records of such testing for a minimum period of three (3)
years.
(I)
Any
roping arena or associated livestock holding pens shall be cleaned
and scraped weekly. Short-term storage of all manure shall not exceed
30 days. Manure shall not be stored within 250 feet of any private
water well.
(Ordinance 5440 adopted 2/13/1974; Ordinance 5586 adopted 5/13/1980; Ordinance
6823 adopted 4/26/1988; Ordinance 8385, sec. 1, adopted 2/28/2006)
(A)
The provisions of Section 6-2-11(C) and (F) of this Chapter shall not apply to the following situations:
1.
Zoos,
stock shows, fairs, animal judgings and shows, and circuses.
2.
Abattoirs,
packinghouses or stockyards.
3.
Public
school projects, when conducted upon school property and under faculty
supervision.
4.
Facilities
owned and used by a licensed veterinarian in connection with his practice
of veterinary medicine.
5.
Guinea
pigs, hamsters, rabbits, chickens, ducks or other animals or fowls
of similar size which are kept entirely within an enclosed building,
which building is of such design and material as to retain any noises
or odors caused by such animals or fowls.
6.
Livestock
(other than hogs or pigs) and poultry which are kept in compliance
with the following requirements:
(a)
Horses or other equine animals, as a private stable (not for commercial
purposes) and other livestock and poultry of a size described in subsection
(A)5 may be kept on tracts of land with not less than 20,000 square
feet dedicated exclusively for animal use in an "AE" Agriculture-Estate
District or "CE" Country Estate District.
(b)
Bovine animals may be kept for personal use (not for commercial purposes)
on tracts of land with not less than 40,000 square feet dedicated
exclusively for animal use in an "AE" Agriculture-Estate District
or "CE" Country Estate District.
(c)
Livestock and/or poultry may be kept for commercial purposes at farms,
ranches or stables, as permitted by the use regulations of an "AE"
Agriculture-Estate Zoning District or "CE" Country Estate District,
or where a legal nonconforming business involving the keeping of livestock
and/or poultry has been established and verified by a certificate
of occupancy, obtained within 18 months of annexation into the City
or a change in zoning which renders the business nonconforming, but
only for the duration of said nonconforming status.
(d)
Regardless of whether livestock are kept for personal use or for
commercial purposes, there shall be provided not less than 20,000
square feet of land area in the tract for each animal unit. The following
animal unit values are to be assigned to livestock, except for small
animals of a size described in subsection (A)5 above, in determining
the number of animals which may be kept on a tract of land:
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Each lamb: One-fifth animal unit.
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Each goat: One-sixth animal unit.
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Each horse or other equine animal: One-half animal unit.
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Each cow or other large animal: One animal unit.
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Offspring of equine animals may be kept for a period of 18 months,
and other livestock for a period of 12 months, after birth before
being assigned any animal unit values.
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7.
Guinea
pigs, hamsters, rabbits, chickens, ducks or other animals or fowls
of a similar size provided the total number of same kept per premises
does not exceed four; provided, however, that the number limitation
of four shall not apply to newborn offspring before they are weaned.
(B)
In
connection with all of the above-described exceptions, the premises
and facilities used for the keeping of animals and fowls authorized
to be kept under any of the provisions of this Section must be kept
in such a manner as to prevent the emission of odor or noise offensive
to persons of ordinary sensibilities in the neighborhood or the existence
of any nuisance dangerous to the public health. Also, any premises
and facilities used for the keeping of animals or fowls authorized
to be kept under any provisions of this Section must be approved for
such purpose by the Midland city-county health department.
(Ordinance 5586 adopted 5/13/1980; Ordinance 7867, secs. 1—4 adopted 8/24/99; Ordinance 8588, sec. 1, adopted 11/27/2007)
(A)
It
shall be unlawful for any person to interfere with the city enforcement
agent while the agent is performing a duty or exercising authority
imposed or granted by law. It shall be unlawful for the owner or person
in control of any dog or other animal to refuse any enforcement agent's
lawful request to see and examine any such animal or to conceal such
animal or otherwise interfere with its lawful examination by an enforcement
agent, when such agent advises the owner or person in control of such
animal that he wants to make such lawful examination in connection
with the licensing requirements contained in this Chapter or in connection
with an investigation of a bite case or a cruelty to animal case.
It shall be unlawful for any person to interfere with or injure an
animal which is under the lawful control of the city enforcement agent.
(B)
It
shall be unlawful for any owner or agent of a commercial retail business
which sells pets to refuse to allow the city enforcement agent to
conduct a lawful search of the premises of such business for the purpose
of ensuring compliance with this Chapter.
(Ordinance 7189 adopted 9/8/1992)
The entire area embraced by the corporate limits of the City
is hereby designated as a bird sanctuary. It shall be unlawful for
any person to trap, shoot or attempt to shoot with a pistol, gun,
rifle or any type of firearm, including a BB gun or air rifle, or
molest in any manner, any bird or wild fowl, or to rob the nests thereof
anywhere within the above-described area. Provided, however, that
if the city health officer or the director of the animal shelter determines
that a particular concentration of birds is constituting either a
nuisance or a health hazard, then such birds may be trapped or otherwise
eliminated without such activity constituting a "molesting" of such
birds or any other violation of this Section or any other Section
of this Code.
(Ordinance 5440 adopted 2/13/1979)
The chief of police or director may:
(A)
Kill
by an appropriate or available means an animal which poses an imminent
danger to a person or to property when a real and apparent necessity
exists for the destruction of such animal; or
(B)
Impound
an animal which is diseased and endangers the health of persons or
other animals.
(Ordinance 6804 adopted 10/27/1987)
No person shall remove, alter, damage or otherwise tamper with
animal control department traps or equipment set out to capture animals.
(Ordinance 7052 adopted 11/13/1990)
It shall be unlawful for any dog, cat or other animal to defecate
or deposit fecal matter on or upon private property (other than the
owner's), or on public walks, streets or recreation areas unless such
waste is immediately removed and properly disposed of by the owner.
(Ordinance 7135 adopted 11/26/1991)
A.
[1]Upon providing sufficient proof of residency, any resident
of the City of Midland may obtain from the Director of the City of
Midland Animal Services a voucher with a value of $70.00 toward the
cost of sterilization surgery performed by a participating Midland
veterinarian for an animal owned by the resident. The voucher is a
three part form, Part 1 of which shall be retained by Animal Services
at the time of issuance. To be eligible for the $70.00 voucher, the
owner must provide proof that the animal has a current license and
rabies vaccination. Redemption of the voucher requires that dogs/puppies
have distemper/parvo and bordetelia vaccinations and cats/kittens
have FVRCP and FELV vaccinations, and/or a protective titre test within
thirty (30) calendar days.
[1]
Original has this as Subsection 1.
B.
[2]A participating veterinarian in receipt of a sterilization
surgery voucher shall complete the voucher certifying that the sterilization
has been completed, retain Part 2 of the voucher for the veterinarian's
records, and return Part 3 to City of Midland Animal Services within
thirty (30) days of the sterilization. The veterinarian will receive
reimbursement from the City of Midland at the rate of $70.00 for each
properly documented sterilization surgery voucher.
[2]
Original has this as Subsection 2.
(Ordinance 8112, sec. 1, adopted 8/13/2002)
(A)
Beginning
on the first day of April and through the first day of October of
each year, no person shall leave any animal enclosed within any unoccupied
vehicle without at least two of the windows on said vehicle being
rolled down at least four inches. The Director of Animal Services
or his designee, or any police officer, is authorized to use reasonable
force, including the breaking of a window or lock, to remove an animal
which is enclosed within any vehicle whenever there is a violation
of this Section. Said animal shall be impounded by the City of Midland's
Animal Services Division.
(B)
If
professional services are required to remove the animal, the owner
of the vehicle, or owner of the animal, shall be responsible for any
cost or fees related to the removal of the animal from the vehicle.
(C)
It
shall be an affirmative defense to prosecution under this section
that any window not rolled down at least four inches was rolled down
as far as mechanically possible.
(D)
It
shall be an affirmative defense to prosecution under this Section
that it was raining at the time of the violation of this Section.
(Ordinance 8688, sec. 1, adopted 11/25/2008)
