The following animals may be impounded:
(1)
Any
animal believed to be infected with rabies or kept under conditions
that could endanger the public or animal health, safety or welfare;
(2)
Any
animal found at large;
(3)
Any
animal treated in a manner determined by animal control to be cruel
and inhumane;
(4)
Any
animal that is suspected of biting or scratching a human being or
is suspected of coming into contact with a rabies high risk animal
that requires isolation to observe for possible rabies, as determined
by animal control and/or state or federal authorities;
(5)
Any
animal violating any provision of Texas Penal Code section 42.09 [or
42.092], 42.091 or 42.010, as they currently exist or may be amended;
(6)
Any
animal violating any provision of the Texas Health and Safety Code,
chapter 826, as it currently exists or may be amended;
(7)
Any
animal violating any provision of the Texas Administrative Code, [title
25,] chapter 169, as it currently exists or may be amended; and/or
(8)
Any
animal violating any provisions of this chapter.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(a))
If any of the animals named in this article are found upon the
premises of any resident located within the city limits, the city
resident shall have the right to confine such animal in a humane manner
until he/she can notify animal control to retrieve the animal for
impoundment. When so notified, it shall be the duty of animal control
to impound such animal as herein provided.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(b))
A reasonable effort shall be made by animal control to contact
the owner of any animal impounded that is wearing an identification
tag of any type; however, final responsibility for location of an
impounded animal is that of the owner.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(c))
The owner can resume possession of any impounded animal that
is otherwise subject to release upon:
(1)
Payment
of impoundment fees;
(2)
Payment
of handling fees:
(3)
Payment
of any veterinarian bills incurred by animal control and the city’s
agents for the welfare of the animal; and
(4)
Compliance
with vaccination, and registration provisions, if any, of this chapter.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(d))
Disposition of animals impounded as a result of cruel or inhumane
treatment will be determined by a court of competent jurisdiction.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(e))
If any animal is being held in quarantine or observation for
rabies, the owner shall not be entitled to possession until the animal
has been released from the quarantine observation period by animal
control and the owner has satisfied payment of any impoundment fees,
handling fees, veterinarian bills, or any other fees incurred while
in custody of animal control or the city’s authorized agents.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(f))
Any animal not reclaimed by the owner may be humanely euthanized
or adopted after being impounded for five days (the day of impoundment
being day “0”), unless under quarantine by animal control
or its authorized agents. However, feral cats shall be held a minimum
of three days and any animal wearing a current rabies tag shall be
impounded for not less than six days, unless under quarantine. Unclaimed
animals wearing an identification tag that are in the custody of animal
control or any of its authorized agents may be humanely euthanized
or adopted after being impounded for six days.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(g))
Any seized or impounded dangerous wild animal, unless there
is reason to believe such animal has an owner, may have its disposition
immediately determined as deemed appropriate by animal control, or
its authorized agents.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(h))
Any nursing baby animal impounded without its mother, or where
the mother cannot or refuses to provide nutritious milk, may be immediately
euthanized to prevent further suffering.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(i))
An animal owner, who no longer wishes responsibility for an
animal or believes the animal to be in an ill or injured condition,
may sign a written waiver supplied by animal control, or its agents,
that surrenders the animal to animal control, or its authorized agents.
If space in the animal shelter is available for the surrendered animal,
the animal control officer may take the animal at the time surrendered
by the owner. If shelter overcrowding exists, the owner may place
the animal on a waiting list for surrender for up to 18 days or make
other arrangements with the animal control officer. The written waiver
surrenders the animal to animal control, or its authorized agents,
to be impounded for adoption or immediate euthanization in a humane
manner. No warm-blooded animal that has bitten or scratched a human
being shall be euthanized before the expiration of the quarantine
period, unless said animal’s owner requests that the animal
be euthanized for rabies testing.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(j))
Any impounded animal that appears to be suffering from extreme
injury or illness may be immediately euthanized or given to a nonprofit
humane organization for the purposes of veterinary care as determined
by animal control.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.01(k))
(a)
Impoundment
fees for animals impounded shall be published and determined by the
city’s authorized animal shelter agent(s) for all animals.
(1)
Class A:
All domestic dogs and domestic cats, unsterilized
(unspayed or unneutered) or sterilized (spayed or neutered).
(2)
Class B:
Small livestock shall include goats, sheep,
lambs, swine, and animals of the same approximate size and weight.
Fees shall be set based on actual costs, damages and the factors set
forth in chapter 142 of the Texas Agricultural Code, as it exists
or may be amended.
(3)
Class C:
Large livestock shall include cattle, horses,
ponies, mules, and animals of the same approximate size and weight.
Fees shall be set based on actual costs, damages and the factors set
forth in chapter 142 of the Texas Agricultural Code, as it exists
of may be amended.
(4)
Class D:
Animals not listed herein above shall be impounded
and/or disposed of at the discretion of animal control or the city’s
authorized agents.
(b)
A
daily handling fee shall be charged for every day, or fraction thereof,
that an animal is at the animal shelter. Said fee shall be based upon
the class of animal enumerated above as deemed by the city’s
authorized agent(s). Class D animals shall be charged as deemed by
the city’s authorized animal shelter agent(s). This fee is in
addition to the impoundment fee as set forth by the city’s authorized
animal shelter agent(s). Class B and class C animals shall be impounded
by Collin County in accordance with the Texas Estray Act (chapter
142 of the Texas Agriculture Code), as it currently exists or may
be amended.
(c)
The
owner of any class A, class B, or class C animal held in quarantine
for observation purposes, or any other purposes, shall be charged
for each day or fraction of a day at the rates set forth and published
by the city’s authorized animal shelter agent(s). This fee is
in addition to impoundment fees and daily handling fees or any other
costs incurred by the city’s authorized animal shelter agent(s).
(d)
The
owner of a class D animal shall be charged for each day or fraction
of a day the animal is held in quarantine for observation purposes,
or any other purposes, at the animal shelter at the rates set forth
and published by the city’s authorized animal shelter agent(s).
This fee is in addition to impoundment fees and daily handling fees
or any other costs incurred by the city’s authorized animal
shelter agent(s).
(e)
The
enforcing agency shall deposit the fees collected in the treasury
of the enforcing agency. The fees may be used only to help defray
the cost of administering this article or the ordinances or rules
of the enforcing agency within its jurisdiction.
(Ordinance 369-2008 adopted 3/11/08; 2008 Code, pt. II, art. 4, sec.
4.02)
