The city shall maintain an animal shelter to house impounded
or surrendered animals. The city manager, or his designee, shall be
designated as the caretaker of every impounded or surrendered animal
immediately upon their intake at the animal shelter. The designated
caretaker is authorized to provide protective vaccinations, by a state
licensed veterinarian or by a person under the veterinarian’s
supervision, and any other medical care needed to help prevent the
spread of disease in the shelter.
Upon impounding an animal, the animal control authority shall
make a reasonable effort to notify the owner and inform that person
of the conditions whereby custody of the animal may be regained pursuant
to this article.
If an impounded unlicensed animal is not claimed by the owners
within three (3) business days after notification of impoundment by
the animal control authority the animal shall be subject to disposal
by adoption, transfer, or humane euthanasia. The city may deviate
from this timeframe when dealing with a sick, injured, diseased, dangerous,
and/or feral animal or when acting pursuant to a mutual agreement
between the city’s animal control authority and owner of the
impounded animal.
Impounded licensed animals not claimed by the owners within
five (5) business days from the date notification was provided, shall
be subject to disposal by adoption, transfer, or humane euthanasia.
The city may deviate from this timeframe when dealing with a sick,
injured, diseased, dangerous, and/or feral animal and when acting
pursuant to a mutual agreement between the city’s animal control
authority and said owner of impounded animal.
If an animal has been impounded and has an identification tag,
a microchip or other identification the animal control authority shall
notify the owner by posting written notice at the address of the registered
location of the animal, by telephone, by email, by regular mail or
by whatever reasonable method is determined appropriate by the animal
control authority. Notice shall be deemed sufficient if it is given
pursuant to the information provided to the city for said license
or as indicated on the identifying tag or microchip.
If an impounded animal has no identification tag, microchip
or other identification the animal control authority may dispose of
the animal by adoption, transfer, or humane euthanasia after three
(3) business days.
Community cats may be held longer, as space is available. Community
cats that bite or scratch a person shall undergo rabies observation
or testing and be euthanized. Community cats that are impounded for
biting or scratching a person may not be released to a community cat
caregiver, returned to their original location or relocated to another
community cat colony.
If at any time during impoundment, the animal control authority
determines an animal is in a state of disease, malnutrition, pain,
suffering, or the like, the animal control authority may choose to
euthanize such animal or have such animal assessed by a state licensed
veterinarian. When having the animal assessed by a veterinarian, the
animal control authority may make a determination as to the disposition
of the animal after consideration of whether the owner of the animal
can be located, the cost of medical treatment, whether the owner is
willing or able to pay for such medical treatment, and whether euthanasia
should be recommended to prevent further suffering by the animal.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
As outlined in this article, any impounded animal may be redeemed
by the registered owner. Prior to redemption of any animal the owner
shall pay all applicable fees as determined by the animal control
authority and sign any citations which are to be issued. Payment of
outstanding shelter fees are not considered to be in lieu of a fine,
penalty, or city license fees.
No animal may be redeemed until such animal is properly licensed
and vaccinated, pursuant to this chapter.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
Disposal or redemption of an animal by any method specified
herein does not relieve the animal’s owner of liability for
violations and/or any accrued charges.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
(a)
The animal
control authority may dispose of impounded animals after the expiration
of any required impoundment and notification period by any of the
following methods:
(1)
Adoption:
a.
The
animal control authority shall place for adoption dogs or cats impounded
by the city under the following conditions:
(i)
The animal control authority shall determine whether a dog or cat
is healthy enough for adoption and if its health and age are adequate
for the required rabies vaccination.
(ii)
There will be an adoption fee for all dogs and cats at an amount
set by the city council. The fee shall include, but not be limited
to, the cost of sterilization, rabies vaccination, microchip and city
licensing.
(iii)
All animals adopted from the city’s animal shelter shall
be vaccinated against rabies, and sterilized within thirty (30) days
of adoption. If, in the opinion of a state licensed veterinarian,
there is a legitimate health risk justifying the delay of the sterilization,
the adopter shall immediately notify the animal control authority
so that another sterilization date can be selected. An adopter commits
an offense if he fails to have the animal sterilized. For the purposes
of this section, a legitimate health risk cannot be based solely on
the animal’s age.
b.
If
an adopted animal dies on or before the sterilization completion date,
the adopter must notify the animal control authority that the animal
is deceased.
c.
If
an adopted animal is lost or stolen, before sterilization, the adopter
must notify the animal control authority. If the adopted animal is
believed to be stolen, the adopter must provide documentation that
a report was filed with the appropriate law enforcement agency. This
documentation must be delivered not later than seven (7) days after
the date of the animal’s disappearance and shall describe the
circumstances surrounding the disappearance and the date of disappearance.
d.
Adopted
animals cannot be given away, sold or exchanged without prior permission
of the animal control authority. If for any reason, the adopter cannot
keep the adopted animal, it must be returned to the animal shelter.
e.
The
animal control authority may reclaim an adopted animal if confirmation
of the sterilization is not received.
(2)
The
animal control authority may offer the animal to an animal welfare
group provided that the group sterilizes and microchips the animal
prior to placing it into an adoptive home; and
(3)
The
animal control authority may humanely euthanize the animal by methods
approved by the American Veterinary Medical Association or the Texas
Department of State Health Services.
(b)
The choice
of which of these options to use shall be made at the sole discretion
of the animal control authority unless otherwise mandated by a court
order.
(c)
Any impounded,
licensed or unlicensed, animal which appears to be suffering from
serious injury or disease and which is in immediate pain and suffering
and probably will not recover or which appears to have an infectious
disease which is a danger to humans or to other animals in the opinion
of the animal control authority or which, due to its extremely violent
nature, poses a substantial risk of bodily harm to the safety of the
animal control authority, may be humanely euthanized at any time during
its holding period by the animal control authority. In the event such
an animal is wearing an identification tag on its collar or harness,
the animal control authority shall attempt to notify the owner by
telephone before taking any action.
(d)
It shall
be an affirmative defense to prosecution of the owner if he or she
can show that, at the time of its impoundment, the animal that was
at large due to a major natural disaster, fire, criminal or negligent
acts of a third party who was not residing at the animal owner’s
residence. In such event, the owner shall be subject only to the provisions
of this chapter that require a current rabies vaccination and city
license. An owner’s claim of a fire or the criminal or negligent
acts of a third party must be proven in one (1) or more of the following
manners:
(e)
It shall
be unlawful for a person to fail or refuse to deliver an unlicensed
or unvaccinated animal to the city animal control authority or police
officer upon demand for impounding.
(Ordinance O-19-008, sec. 3, adopted 2/21/19)
