(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:
(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)
