(A) 
The Animal Services Officer, or a designated representative, may order impoundment in the city shelter of an animal, in the following circumstances:
(1) 
Rabies:
The city enforcement agent shall impound and quarantine any animal that he has probable cause to believe was exposed to or infected with rabies. Any animal that exhibits symptoms of the rabies disease during quarantine shall be euthanized;
(2) 
Owner’s absence:
The city enforcement agent shall impound an animal at the request of a peace officer or owner of the property where the animal is located when the owner of the animal has been arrested, hospitalized, is missing, has died, or when the owner is being lawfully evicted from his premises and there is no person present seventeen (17) years of age or older who will assume responsibility for the animal;
(3) 
Animal at large:
The city enforcement agent may impound an animal found to be at large;
(4) 
Dangerous animal:
The city enforcement agent shall impound an animal if it is not securely confined in such a manner that it cannot come in contact with, or do harm to, any person or other animal;
(5) 
Unauthorized possession:
The city enforcement agent may impound an animal if the city enforcement agent has probable cause to believe the animal is being possessed in violation of local, state, or federal law;
(6) 
Inhumane treatment:
The city enforcement agent may impound an animal if the city enforcement agent has probable cause to believe the animal has been inhumanely treated as defined by this chapter; or
(7) 
LRCI:
The city enforcement agent may impound and quarantine an animal the agent has probable cause to believe has been involved in a LRCI.
(B) 
Should the owner of an animal fail or refuse to allow the impoundment of the animal, or attempt to interfere with the impoundment, the Animal Services Officer may use reasonable means to accomplish the impoundment.
(C) 
Estrays within the city shall be reported to the County Sheriff for impoundment, pursuant to the provision of the Tex. Agricultural Code, ch. 142.
(D) 
The Director of Animal Welfare Services shall be considered the designated caretaker of an impounded animal immediately upon intake at the shelter. After the expiration of any required holding period, the city shall become the full owner of the animal in question, the title of the animal transfers immediately at that time to the city, at which time the city may dispose of the animal in accordance with this chapter. If there is no required hold period, such as in voluntary surrenders, title transfers immediately upon possession by the city.
(E) 
Immediately upon intake, the Director of Animal Welfare Services, as the designated caretaker, is authorized to provide each impounded animal with appropriate immunizations and parasite treatment and to implant a microchip for permanent identification.
(Ordinance 1468-20-11-24, passed 11-24-20)
(A) 
In addition to, or in lieu of, impounding an animal, the Animal Services Officer, based on the reasonable belief that the owner is in violation of this chapter, may issue to the owner of the animal a notice of ordinance violation requiring appearance of the owner in the municipal court of the city for prosecution of the alleged violation or violations of this chapter.
(B) 
When the owner of an animal that is impounded is known, or reasonably thought by the Animal Services Officer to be identifiable, the Animal Services Officer must give written notice to the owner of the impoundment, provided, that no notice is required if the owner voluntarily retrieves the animal from impoundment prior to giving of the written notice.
(C) 
The notice must contain the following information for animals impounded:
(1) 
Date of notice;
(2) 
Date and location of an animal’s impoundment;
(3) 
Reason for impoundment;
(4) 
Description of the animal, including identifying marks and characteristics;
(5) 
Location of impoundment facilities and hours during which an animal can be retrieved by the owner;
(D) 
In order for a person to redeem an impounded animal he must meet the following requirements:
(1) 
Rabies vaccination of the animal is required.
(a) 
For the purposes of this subsection, sufficient proof of an animal’s current rabies vaccination shall be either a rabies vaccination certificate issued by a licensed veterinarian or verbal or written confirmation of a current rabies vaccination by the licensed veterinarian who administered the vaccination.
(b) 
If a vaccination cannot be given at the time of the redemption the owner shall have seven (7) business days to provide written proof of obtaining a current rabies vaccination to the city enforcement agent. The owner will be issued a citation for noncompliance.
(c) 
If, in the opinion of a licensed veterinarian, the rabies vaccination should not be given within the seven (7) business day period, the owner must provide a signed statement from the veterinarian stating why the vaccine should be temporarily delayed and when the vaccine may be given. The owner shall provide written proof of the administering of the vaccination to a city enforcement agent within forty-eight (48) hours.
(2) 
A microchip implant in the animal is required. If the animal is not already identifiable by microchip, the owner shall pay a fee to have a microchip implanted into the animal prior to release.
(3) 
Payment of fees.
The owner must pay all applicable fees before the animal is released. The Director of Animal Welfare Services is authorized to reduce or waive impoundment and/or boarding fees.
(4) 
Wild animals.
Impounded wild animals kept in violation of this chapter may not be redeemed and may be placed with a wildlife rehabilitator or wildlife educational center or euthanized at the Director of Animal Welfare Services.
(5) 
A person commits an offense if he fails to provide the proof of rabies vaccination required in subsection (D)(1).
(E) 
This section shall not apply if the animal was impounded:
(1) 
For being inhumanely treated as defined in this chapter and a hearing is pending or shall be pending to determine the disposition of the animal;
(2) 
As a dangerous animal as defined in this chapter and a hearing is pending or shall be pending to determine the disposition of the animal;
(3) 
For investigation of rabies and the quarantine period has not expired.
(Ordinance 1468-20-11-24, passed 11-24-20)
(A) 
Impounded animals, other than an animal being impounded for biting, shall be kept impounded for not less than three (3) business days. Written or oral notice shall be given to the owner of an impounded animal soon as reasonably practical. This section shall not apply to animals that have been determined to be terminally ill, terminally injured or suffering from a disease that is a threat to the public health or the health of other animals. An impoundment period is not required for an animal voluntarily released to the department by its owner. An impoundment period is not required for any wild animal.
(B) 
Dogs and cats that are adopted from the animal shelter shall be surgically altered to prevent reproduction. If a dog or cat has not been altered before it leaves the animal shelter, the person adopting the animal shall sign an adoption contract stating that he/she will have the animal surgically altered and agree to the date by which the surgery must be performed. The person adopting the animal shall provide proof of alteration to the Animal Services Department within 30 days of the agreed surgery date. Persons adopting animals from the animal care services facility shall pay the applicable fees for adopting a dog or cat. As an incentive for the adoption of animals, the director is authorized to advertise and reduce or waive adoption fees.
(C) 
No animal may be released to a person other than the owner or the owner’s authorized representative unless the requirements of the Tex. Health & Safety Code, chapter 828, which relates to sterilization of dogs and cats, have been satisfied.
(D) 
Failure to comply with this Section or failure to comply with the terms of the adoption contract constitutes a violation of this Title and shall give the Animal Welfare Services Department the right to recover the adopted animal and revoke the adoption contract.
(E) 
After the expiration of any required impoundment period or immediately after being voluntarily released by its owner, the animal shall become the property of the city, all ownership rights for the animal shall transfer to the city, and the department may dispose of the animal by any of the following methods, taking into consideration factors that may include, but not be limited to, the animal’s behavior, aggressive tendencies, feral characteristics, health, and housing space availability, within the sole discretion of the Director of Animal Welfare Services:
(1) 
Adoption.
The department shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions:
(a) 
The department shall evaluate all animals to determine if it is an adoption candidate based on its health, temperament, and appropriateness for vaccination. However, authorization to place a dog or cat for adoption shall not constitute a warranty of the health, temperament, or age of the animal;
(b) 
There will be an adoption fee for all dogs and cats at an amount set by City Council and listed in the Fee Schedule. The fee will include the cost of sterilization, vaccination, implantation of a microchip.
(c) 
All animals adopted from the animal services facility shall be implanted with a microchip, vaccinated against rabies according to state guidelines, and sterilized.
(d) 
If, in the opinion of a licensed veterinarian, there is a legitimate health risk justifying the delay of sterilization, the person adopting the animal must provide a signed statement from the veterinarian stating why the sterilization should be delayed and when the procedure may be performed. The owner shall provide written proof to the department of the completed sterilization in person or by mail not later than the seventh day after the date on which the animal was sterilized.
(e) 
If an adopted animal dies on or before the sterilization completion date, the adopting person must provide written documentation to the department that the animal has died.
(f) 
If an adopted animal is lost or stolen before the sterilization date, the adopting person must provide written documentation to the department stating that the animal is lost or stolen and a copy of the police report, if any, of the theft. In order to be sufficient, the letter shall be delivered to the department not later than the seventh (7th) business day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.
(2) 
Transfer to releasing agency or foster care.
(a) 
The department may transfer ownership of the animal to a releasing agency that has a signed transfer agreement for dogs and cats on file with the department provided that the group sterilizes and microchips the animal prior to placing it into an adoptive home.
(b) 
The department may temporarily place the animal in a foster home that has a signed foster agreement for dogs and cats on file with the department.
(3) 
Euthanasia.
The department may euthanize the animal due to the animal’s health or temperament, space limitations, or as otherwise deemed necessary by the Director of Animal Welfare Services.
(F) 
All decisions related to the disposition of an animal pursuant to subsection (C) of this section shall be made at the sole discretion of the Director of Animal Welfare Services or her designee unless otherwise mandated by law or a court order.
(G) 
A person commits an offense if he fails to provide the proof required of this section.
(Ordinance 1468-20-11-24, passed 11-24-20)