Animals owned or harbored in violation of this chapter or any
other ordinance or law of the state shall be taken into custody by
an animal control officer or other designated official and impounded
under the provisions of this chapter.
(Code 1974, § 3-3)
(a) Reasonable
efforts shall be made by the animal control officer to contact the
owner of any animal impounded that is wearing a current vaccination
tag or is fitted with a microchip; however, final responsibility for
location of an impounded animal rests with the owner. Any impounded
animal may be redeemed upon payment of the impoundment fee, care and
feeding charges, veterinary charges, rabies vaccination charges, and
other such costs as set by the animal control officer. Where the owner
is known, if such animal is not redeemed within two days after notification
to the owner it shall be deemed abandoned, the city shall be deemed
the owner, and the animal may be placed for adoption (subject to payment
of the adoption fee, rabies vaccination charges, and such other costs
as set by the animal control officer) or disposed of by means approved
by the animal control officer. An owner paying a vaccination fee shall
be given a receipt for the vaccination payment which can be redeemed
by his veterinarian by submitting the receipt. Failure to obtain the
vaccination within 72 hours of reclaiming the animal shall authorize
reimpoundment of the animal and/or the issuance of a citation.
(b) Where
the owner is unknown or cannot be located, any impounded animal that
has been impounded for a period of 72 hours and has not been redeemed
by the owner shall be deemed abandoned, and the city shall be deemed
the owner of the animal. The city may then place the animal for adoption
or sale, turn the animal over to the department of parks and recreation
for display in public zoos, or dispose of by means approved by the
animal control officer.
(c) If
an animal is placed for sale, the animal control officer shall publish
in a newspaper of general circulation:
(1) The description of the animal;
(2) The name of the owner (if known);
(3) That the sale will be for the purpose of defraying the costs of impoundment;
and
(4) The location, date and time of the sale.
If the animal is not sold at the sale, the animal control officer
may otherwise dispose of it or offer it for sale again.
(Code 1974, § 3-3(a); Ordinance 2147, § 1, 1-24-17)
If a complaint has been filed in the municipal court of the
city against the owner of an impounded animal for a violation of this
chapter, the animal shall not be released except on the order of the
court, which may also direct the owner to pay any penalties for violation
of this chapter, in addition to all impounded fees. Surrender of an
animal by the owner thereof to the animal control officer does not
relieve or render the owner immune from the decision of the court,
nor to the fees and fines which may result from a violation of this
chapter.
(Code 1974, § 3-3(b))
It shall be unlawful for any person to remove from any place
of confinement or quarantine any dog, cat or other animal which has
been confined or quarantined as authorized by this chapter, without
the consent of the animal control officer.
(Code 1974, § 3-3(c))
If any animal is found upon the premises of any person, the
owner or occupant of such premises shall have the right to confine
such animal in a humane manner pending notification and impoundment
by the animal control officer. When so notified, it shall be the duty
of the animal control officer to impound such animal as provided in
this article.
(Code 1974, § 3-3(d))
Any nursing baby animal impounded without the mother, or where
the mother cannot or refuses to provide nutritious milk, may be disposed
of by an animal control officer to prevent suffering.
(Code 1974, § 3-20)
Any impounded animal that appears to be suffering from extreme
injury or illness may be disposed of or given to a nonprofit humane
organization for the purpose of veterinary medical care, as determined
by an animal control officer.
(Code 1974, § 3-21)
The animal control officer shall be authorized to place for
adoption dogs or cats impounded by the city under the following conditions:
(1) The
animal control officer shall be the sole judge as to whether a cat
or dog is healthy enough for adoption, and its health and age adequate
for vaccination. However, such decision by the animal control officer
shall not constitute a warranty of the health or age of the animal.
(2) The adoption fee will be as set forth in section
30-4(f). All dogs and cats which are adopted through the city animal shelter shall be surgically altered to prevent reproduction in that animal. Immature dogs and cats shall be altered by the date designated in the adoption agreement or a citation will be issued.
(3) Should
a person wanting to adopt an animal desire to take the adopted animal
to a veterinarian of their choice for rabies vaccination or spay and
neutering, the name, address and phone number of the veterinarian
shall be provided to the animal control officer prior to adoption.
Proof of rabies vaccination, spay and neutering must be returned to
the city animal shelter within 30 days. Failure to provide proof of
surgical alteration can and will result in the issuance of a citation.
(4) Failure
to comply with this section or failure to comply with the terms of
the agreements provided for in this article shall give the animal
control officer the right to recover and impound the adopted animal
in question and to render the vaccination receipt and the adoption
contract null and void. Such failure shall also constitute a violation
of this chapter.
(5) Confidentiality.
It is expressly provided that the personal information about
any individual that executes a sterilization and vaccination agreement
and/or adoption agreement with the city shall remain confidential
and shall not be subject to public disclosure to the extent allowed
by law. This personal information shall include the identity of the
adopting person or new owner, that person’s address, telephone
number, driver’s license number, or other personally identifying
information. Further, such other information as may be declared confidential
by state or federal law including the provisions of V.T.C.A., Health
and Safety Code chapter 826 as amended, shall not be subject to public
disclosure.
(Code 1974, § 3-7; Ordinance 1098, § I, 10-13-92; Ordinance 1878, § VIII, 6-8-10; Ordinance 2260, § 1, 9-8-20)