No person shall own or harbor a nonregisterable dangerous dog within the city. Such an animal may be impounded as a public nuisance. If impoundment of said nonregisterable dangerous dog is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a nonregisterable dangerous dog from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours’ notice that, if that animal is not surrendered to the animal control officer for impoundment within said twenty-four-hour period, then the animal will be destroyed wherever it is found. After this notice, the nonregisterable dangerous dog may be destroyed during an attempt to impound, if impoundment is attempted. Notice under this article may be verbal or in writing. A written notice left at the entrance to the premises where the nonregisterable dangerous dog is harbored will be considered valid notice under this article.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-30)
A dog is determined to be a nonregisterable dangerous dog if:
(1) 
It commits acts as defined in section 3.01.001, “Dangerous dog”; or
(2) 
The animal control division find and determines that:
(A) 
Upon receipt of an affidavit of complaint signed by one (1) or more individuals, made under oath before an individual authorized by law to take sworn statements, setting forth an act described in section 3.01.001, “Dangerous dog,” and setting forth as follows:
(i) 
The nature and the date of the act described in section 3.01.001, “Dangerous dog,” subsection (1);
(ii) 
The location of the event;
(iii) 
The name and address of the owner of the animal in question;
(iv) 
The description of the animal in question;
(B) 
[Upon such complaint,] the animal control officer shall investigate the complaint and may determine that an animal is nonregisterable under this chapter and/or state law;
(3) 
The dog has been registered as or finally determined or declared to be a dangerous dog either in Monahans or in another city or county in Texas and has made an unprovoked attack on another person outside the dog’s enclosure and causes injury to such person or a person assisting or intervening on behalf of such person; or
(4) 
The owner of a dog determined to be a registerable dangerous dog under this chapter, or [pursuant] to any previous other ordinance of this city or any other city or state law, cannot or will not comply with the requirements set out in this article for the keeping of a registerable dangerous dog.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-31)
(a) 
Within five (5) working days of determining an animal nonregisterable, the animal control officer, by certified mail return receipt requested, shall notify the person owning the animal of its designation as a nonregisterable animal. In the event that certified mail return receipt requested cannot be delivered, the animal control officer may then give notice by ordinary mail to the last known address of owner. For the purposes of this section, notice may be delivered by the animal control officer in person to the owner/harborer of the dog in question, provided that notice is written.
(b) 
If the animal is determined to be nonregisterable under this chapter, the owner may appear to the municipal court within ten (10) days of notification. Failure to appeal the determination of dangerous dog shall result in the animal control officer’s determination as final.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-32)
Pending the outcome of the appeal to municipal court, the animal must be confined at the animal care and control center, the cost of which shall be borne by the owner. If the dog in question is not in the possession of the animal care and control center at the time of the declaration, the owner must surrender the dog to the animal control officer when ordered to do so by any animal control officer or police officer. If the owner fails to immediately surrender the dog, the animal control officer shall have the right to take the dog into his possession from the premises of the owner or elsewhere, wherever the dog may be found within the city limits. If the dog cannot be taken into custody by the animal control officer, it may be taken into custody under a search warrant for contraband issued by the municipal judge or other magistrate having jurisdiction.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-33)
It is a defense to the determination of a dog as a nonregisterable dangerous dog and to the prosecution of the owner of that dog:
(1) 
If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) 
If the person was teasing, tormenting, abusing, or assaulting the animal or has in the past been reported to have teased, tormented, abused or assaulted the animal;
(3) 
If the person was committing or attempting a commit a crime;
(4) 
If the dog was protecting or defending a person while in that person’s control from an unjustified attack or assault; or
(5) 
If the dog was injured and responding to pain.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-34)
(a) 
If the municipal court upholds the determination by the animal control officer, the court shall order the dog to be euthanized in a safe and humane manner at the animal care and control center.
(b) 
In the event the municipal court reverses the determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the city for any veterinary medical treatment administered to said dog while in the custody of the animal control officer.
(Ordinance 976, art. 9, adopted 4/23/96; 1972 Code, sec. 4-35)