§ 6-10-5. Judicial determination.
(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:
(1)
The animal services division to immediately seize and humanely destroy the dangerous dog; or
(2)
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 seventh day after the municipal court has determined that the dog is a dangerous dog:
a.
Register the dangerous dog with the animal services division and pay a $50.00 yearly registration fee;
b.
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;
c.
Obtain a current animal license from the city for the dangerous dog;
d.
Obtain a current rabies vaccination for the dangerous dog;
e.
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;
f.
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
g.
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 an owner has not fully complied with an order issued under subsection (b), the municipal court shall order the animal services division to humanely destroy the dangerous dog.
( Ord. No. 9856 , § 1, 12-11-2018)