(a)
City
enforcement agents are hereby authorized to capture and impound any
animal upon having probable cause to believe said animal to be in
violation of any provision of this chapter or state law which authorizes
or requires the animal’s capture and impoundment, and in so
doing, to enter upon any fenced or unfenced lot, tract or parcel of
land when deemed necessary for the protection of the public health,
safety and welfare, as allowed by law. As a matter of policy, city
enforcement agents shall not enter upon private property to capture
and/or impound any animal known to belong to the owner of said property
without probable cause. An animal control agent may enter upon the
property, as allowed by law, to capture an animal if it is believed
that said animal poses a threat or danger to property, human beings
or other animals.
(b)
Additionally,
it is the responsibility of the city enforcement agent to accept any
animal delivered to the animal control facility pursuant to the requirements
of this chapter, except those animals that are voluntarily released
by their owners. For an animal to be voluntarily released, the owner
must sign an owner release form, and pay necessary fees. In addition,
it is the duty of the city enforcement agent to capture and impound
wild or nondomesticated animals in response to citizens’ complaints
of public nuisance or to control feral populations.
(Ordinance 695-01 adopted 3/5/01)
(a)
If,
by identification tag, the owner of an impounded animal can be identified,
the city enforcement agent will, as soon as practical, notify the
owner either in person or by telephone of said impoundment. If the
animal is locally owned within the city and telephone contact cannot
be made, the city enforcement agent will leave a notice at the owner’s
residence indicating that the animal has been impounded.
(b)
All
impounded animals shall be kept for not less than five (5) days, unless
the animal is reclaimed earlier by the owner under acceptable conditions.
However, no impoundment period is required for an animal voluntarily
delivered and released to the animal control facility or city animal
control officer by its owner.
(c)
After
the expiration of any required impoundment period, the impounded animal
shall be released to the animal control facility. At that time, the
animal shall be disposed of by adoption from the facility, by offering
it to a local animal humane group for adoption, or by humanely destroying
the animal. No record shall be kept by the city animal control department
as to the disposition of an individual animal after release is made
to the animal control facility.
(d)
Any
animal, whether licensed or unlicensed, which is in great pain and
suffering due to injury and probably will not recover, or which appears
to have rabies, and/or which is at large and is posing an imminent
danger to human beings or to other animals, may be destroyed by the
city animal control officer.
(e)
Any
owner or person redeeming an unsterilized animal from the animal control
facility for the fourth time within any twelve-consecutive-month period
must have the animal sterilized within thirty (30) days of the date
the animal is released from the facility. Proof of said sterilization
must be provided to the animal control facility within ten (10) days
of compliance.
(Ordinance 695-01 adopted 3/5/01)
The city shall comply with all sterilization laws as set forth
in chapter 828 of the Texas Health and Safety Code, as amended. A
copy of the statute may be obtained from the animal control officer.
(Ordinance 695-01 adopted 3/5/01)
(a)
A
person may adopt a dog and/or cat from the animal control facility
that has been spayed or neutered and classified as adoptable. If the
animal has not been spayed or neutered the adopting person must sign
an agreement to have the animal spayed or neutered within a given
period of time determined by an animal control agent. Written confirmation
of such sterilization must be provided to animal control within seven
(7) days of the given date. The new owner shall be solely and legally
responsible for compliance with all requirements specified in the
adoption receipt and sterilization agreement executed at the time
the animal is adopted.
(1)
The animal control officer may establish an adoption receipt and
sterilization agreement for use in the adoption process, and violation
of any term of such agreement shall constitute a violation of this
chapter.
(b)
The
animal control officer may refuse to allow a person to adopt an animal
for any reason, including but not limited to a person to whom he/she
has reason to believe:
(1)
Would not have proper facilities to contain or care for the animal.
(2)
Wants the animal for the purpose of resale or for purposes other
than pet ownership.
(3)
That there are reasonable grounds to believe the animal would be
subjected to abandonment or cruelty.
(4)
The person is under the age of eighteen (18).
(5)
That the purpose of the adoption is to avoid, or assist in the avoidance
of, the enforcement of any provision of this chapter.
(c)
The person adopting the animal shall pay all applicable costs of adoption as set forth in appendix A of the city code.
(d)
The
animal control officer shall be the sole judge as to whether an animal
is suitable to offer for adoption; however, a decision to offer a
particular animal for adoption shall not constitute any warranty,
expressed or implied, of the health, temperament, or age of the animal.
(e)
The
city and its agents, employees and officers shall have no liability
associated with the adoption or impoundment of any animal.
(Ordinance 695-01 adopted 3/5/01)
(a)
If
animal control does not receive written confirmation of sterilization
or other written disposition regarding an adopted animal, as required
in this chapter, after the seventh (7th) day after the sterilization
completion date specified in the adoption receipt and sterilization
agreement executed at the time the animal was adopted, animal control
may promptly reclaim the animal from the new owner, or require the
new owner to return the animal to animal control, or impose any other
penalty as provided in this chapter.
(b)
A
person shall not be entitled to any refund, reimbursement, or other
compensation regarding an animal reclaimed or returned under this
section.
(Ordinance 695-01 adopted 3/5/01)
(a)
An
animal which has been impounded under the provisions of this chapter
may be redeemed by its owner or the lawful representative, provided
that the redeeming person:
(1)
Is at least 18 years of age;
(2)
Identifies himself or herself as the owner of the impounded animal
or provides proof that he or she is the lawful representative of such
owner;
(3)
Presents identification, which verifies his/her identity and date
of birth;
(4)
Properly completes all applicable redemption forms as required; and
(b)
The
owner of an impounded animal, which is subject to the rabies vaccination
requirements of this chapter, shall be required to provide positive
proof that the animal is currently vaccinated against rabies at the
time it is redeemed. If the owner cannot or refuses to provide proof
that the animal is currently vaccinated against rabies at the time
of redemption, the owner shall also be required to sign an agreement,
as prescribed by animal control, and cause the animal to be vaccinated
against rabies within three (3) days. Failure to provide written confirmation
of current rabies vaccinations is a violation of this chapter and
subject to a fine.
(Ordinance 695-01 adopted 3/5/01)
