(a) 
Animals owned or harbored in violation of this chapter or law of the state shall be taken into custody by an animal service officer or other designated official and impounded under this chapter.
(b) 
Owners of impounded pets are required to pay all fees related to the impoundment as set forth by city ordinance.
(Ordinance 2017-08-21-02, art. IV, sec. 1, adopted 8/21/17)
(a) 
Except as may be provided elsewhere in this chapter, the owner of any animal impounded in accordance with this chapter may reclaim such animal upon showing satisfactory proof of ownership and paying all impoundment fees and any other expenses incurred by the city or its agent in keeping the animal or attempting to locate the owner of the animal. If the owner does not pay these fees, the animal may be sold or otherwise disposed of by the city or its agent. However, these fees may be waived by the city if the owner signs an agreement to attend and actually does attend a pet education seminar within 90 days of redeeming his animal from the animal shelter. The city may establish guidelines or requirements for determining which animal owners will be allowed to take the pet education seminar in exchange for waiving the impoundment fees and other expenses. The city may establish a registration fee for the seminar that must be paid at the time the animal is returned to the owner. If the owner does not attend the seminar, the city may seek to collect the impoundment fees and any other expenses incurred by the city. It shall be unlawful for any person to fail to attend a pet education seminar within the required time in exchange for waiving the impoundment fees and other expenses, unless prior to expiration of the time period the person had obtained an extension to complete the seminar from the field supervisor for the animal control office or has paid all of the fees that would have been required at the time the animal was redeemed from the animal shelter. A complaint for failure to attend the seminar may be filed in the municipal court.
(b) 
If a dog or cat has been impounded on two prior occasions, the dog or cat must be spayed or neutered before being released to the owner if impounded on a third occasion. The owner of the dog or cat will be responsible for arranging for the spay or neuter surgery. The dog or cat will be transported to the veterinarian by an animal control officer or an employee or agent of the animal shelter. The cost to spay or neuter the dog or cat shall be paid by the owner, along with the impoundment fees, either to the animal shelter or to the veterinarian, in advance of transporting the animal for the surgery. After the surgery is performed, the veterinarian may release the dog or cat to the owner.
(Ordinance 2017-08-21-02, art. IV, sec. 2, adopted 8/21/17)
(a) 
Dogs and cats with no identification.
All dogs and cats impounded by the animal control officer or brought to the animal shelter by a person other than the harborer or owner of that animal shall be held for a minimum of 72 hours during which time period the owner may present proof of ownership at the shelter. After paying all applicable fees, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after 72 hours in the shelter, the dog/cat shall become the property of the city.
(b) 
Dogs and cats with identification.
Unless earlier claimed by the owner, all dogs and cats impounded by the animal control officer, or brought to the animal shelter by a person other than the harborer or owner of that animal, that are wearing traceable identification, or where an owner is known, shall be held in the shelter for a minimum of seven complete days from the time the animal enters the facility, during which time the animal control officer will notify the owner, when known, of the impoundment. Unless the owner has notified the animal control officer in writing of his/her intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees, and this arrangement has been approved by the animal control supervisor, the animal shall become the property of the city on the eighth day.
(c) 
Animals surrendered by owner/harborer.
An owner or harborer may at any time surrender an animal to any third party, shelter, or facility that is not an animal shelter designated by the city; however, under no circumstances shall the city accept the surrender of any animal or be responsible for any surrendered animal. No city employee is authorized to accept the surrender of any animal.
(d) 
Animals other than dogs, cats or estrays impounded.
All animals other than dogs, cats, estrays or animals, holding current restricted animal permits, that are impounded by the animal control officer or brought to the animal shelter by a person other than the owner/harborer shall become the property of the city unless such ownership is prohibited by state or federal law.
(e) 
Disposition of animals.
Any animal that cannot be adopted or transferred to a proper and appropriate agency shall be euthanized by an injection of substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered in compliance with the laws of the state. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date.
(Ordinance 2017-08-21-02, art. IV, sec. 3, adopted 8/21/17)
(a) 
All animals which are adopted from the animal shelter shall be surgically altered to prevent reproduction in that animal. The person adopting the animal shall sign an adoption contract stating that he/she will have the animal surgically altered and the date by which the surgery must be performed, if the animal has not been altered before it leaves the animal shelter.
(b) 
It shall be the responsibility of the person adopting to provide proof of altering to the animal control officer.
(c) 
Failure to comply with this section or failure to comply with the terms of the adoption contract shall give the animal control officer the right to recover the adopted animal in question and revoke the owner’s adoption contract. Such failure shall also constitute a violation of this chapter.
(d) 
The adoption fee shall be set by resolution of the city council, to render neutral the cost of surgically altering, medicating, vaccinating and preparing the animal for adoption. The person adopting the animal shall be provided a list of fees related to the adoption prior to the agreement being signed.
(Ordinance 2017-08-21-02, art. IV, sec. 4, adopted 8/21/17)
(a) 
Horses, cattle, etc.
It is unlawful for any owner or person in control of any horse, mule, jack, jennet, cattle, hog, goat or sheep (estray) to permit any such animal to run at large on land not his own or under his control, or on any street, alley or other public place in the city.
(b) 
Fowl.
It is unlawful for the owner or person in control of any chicken or other fowl to permit the same to run at large on any land not his own or under his control, or on any street, alley or other public place in the city.
(c) 
Pigeons.
It is unlawful and constitutes a nuisance for the owner or any person in charge or control of any pigeons in the city, or the owner or any person in charge or control of any outbuilding or barn in the city upon which pigeons nest, to allow such pigeons to run or fly at large in the city.
(Ordinance 2017-08-21-02, art. IV, sec. 5, adopted 8/21/17)
It shall be the duty of the animal control officer to take up any and all estray and other livestock that may be found in and upon any street, alley or upon any unenclosed lot in the city, or otherwise to be found at large, and to confine such estray or other livestock for safekeeping. Upon impounding, the animal control officer shall prepare a file to be located in the city offices. Each entry shall include the following:
(1) 
The name and address of the person who notified the animal control officer of the estray or other livestock;
(2) 
The date, time and location of the estray or other livestock when found;
(3) 
The location of the estray or other livestock until disposition; and
(4) 
A description of the animal including its breed, color, sex, age, size, all markings of any kind and other identifying characteristics.
(Ordinance 2017-08-21-02, art. IV, sec. 6, adopted 8/21/17)
When an estray or other livestock has been impounded, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of the estray or other livestock. If the search does not reveal the owner, the animal control officer shall advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the next 15 days following impoundment and post a notice of the impoundment of the estray or other livestock on the public notice board of city hall.
(Ordinance 2017-08-21-02, art. IV, sec. 7, adopted 8/21/17)
The owner of an estray or other livestock may recover possession of the animal at any time before the animal is sold under the terms of this chapter if:
(1) 
The owner has provided the animal control officer with an affidavit of ownership of the estray or other livestock containing at least the following information:
(A) 
The name and address of the owner;
(B) 
The date the owner discovered that the animal was missing;
(C) 
The property from which the animal strayed; and
(D) 
A description of the animal including its breed, color, sex, size, all markings of any kind and any other identifying characteristics;
(2) 
The animal control officer has approved the affidavit; and
(3) 
The owner has paid all handling fees to those entitled to receive them.
(Ordinance 2017-08-21-02, art. IV, sec. 8, adopted 8/21/17)
If the ownership of an estray or other livestock is not determined within 14 days following the final advertisement required by this chapter, ownership of the estray or other livestock rests with the city and the animal control officer shall then cause the estray or other livestock to be sold at a public auction. If there are not any bidders, ownership is forfeited to the city.
(1) 
Title shall be deemed vested in the animal control officer for purposes of passing a good title, free and clear of all claims, to the purchaser at the sale.
(2) 
The disposition of the proceeds derived from the sale at public auction will be as follows:
(A) 
Pay all handling fees to those entitled to receive them;
(B) 
Execute a report of sale of impounded stock;
(C) 
The net proceeds remaining from the sale of the estray or other livestock after the handling fees have been paid shall be delivered by the animal control officer to the city secretary. Such net proceeds shall be subject to claim by the original owner of the estray or other livestock as provided herein;
(D) 
If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure.
(Ordinance 2017-08-21-02, art. IV, sec. 9, adopted 8/21/17)
(a) 
Within 12 months after the sale of an estray or other livestock under the provisions of this chapter the original owner of the estray may recover the net proceeds of the sale that were delivered to the city secretary if:
(1) 
The owner has provided the animal control officer with an affidavit of ownership; and
(2) 
The animal control officer has accepted the affidavit of ownership.
(b) 
After the expiration of 12 months from the sale of an estray or other livestock as provided by this chapter, the sale proceeds shall escheat to the city. If an animal was forfeited to the city due to no bidders at auction, then city is not to be liable to owner for any proceeds of sale, since no proceeds were received.
(Ordinance 2017-08-21-02, art. IV, sec. 10, adopted 8/21/17)
During the period of time an estray or other livestock is held by one who impounded the estray or other livestock, it may not be used by any person for any purpose.
(Ordinance 2017-08-21-02, art. IV, sec. 11, adopted 8/21/17)
If the estray or other livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the record regarding the impoundment.
(Ordinance 2017-08-21-02, art. IV, sec. 12, adopted 8/21/17)