(a)
Rabies control authority.
The animal control manager
is hereby designated the appointed rabies authority officer for the
purpose of the enforcement of this chapter. Duties shall include,
but not be limited to, the enforcement of this chapter, supervision
of the animal control officers of the city, and aiding the state board
of health in the enforcement of area quarantines, pursuant to V.T.C.A.
Health and Safety Code or other statutes.
(b)
Authority of animal control officers and peace officers; citations.
Any animal control officer or peace officer of the city shall
have the authority to issue citations for any violation of this chapter
and shall have any other power or duty stated within the terms of
this chapter. If issuing a citation for a violation of this chapter
is not practicable, the animal control officer or peace officer may
file a complaint in the municipal court, which complaint will be processed
in the manner of other cases in the municipal court.
(c)
Right of entry.
For purposes of discharging the duties
imposed by the provisions of this chapter or other applicable laws,
and to enforce the same, the animal control officer may enter upon
private property to the full extent permitted by law, which shall
include, but not be limited to, entry upon private unfenced property,
except dwellings located thereon, when in pursuit of any animal which
he has reason to believe is subject to impoundment pursuant to the
provisions of this chapter or other applicable laws.
(d)
Use of tranquilizer gun.
Animal control officers or
peace officers shall have the authority to use a tranquilizer gun
in the lawful discharge of their duties.
(e)
Destruction of animal running at large.
In the interest
of public safety, animal control officers or peace officers have the
authority to destroy any animal running at large if the animal presents
a danger to the safety of persons, other animals or property and a
real or apparent necessity exists to destroy the animal.
(f)
Euthanization or destruction of animals.
Any animal
control officer or police officer shall have the authority to humanely
euthanize and/or destroy any animal in accordance with the provisions
of this chapter.
(g)
Impounded stray animals.
Every stray animal impounded
shall become the property of the city or its designee, pending the
expiration of the stray hold period, during which at any time an “owner”
may reclaim ownership. Each healthy, appropriately aged impounded
animal may receive core vaccinations and internal parasite treatment
upon intake from the Lamar County Humane Association or any other
rescue or animal welfare organization at their discretion and cost.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; Ordinance 2017-005, sec. 3, adopted 1/23/17; 1988
Code, sec. 5-3(a))
Any animal control officer or police officer is authorized to impound such animals running at large, other than a cat, and may impound a cat upon receipt of a complaint that the cat causes a nuisance or hazard to the health or welfare of any person or animal. Fees associated with such impoundment, including, but not limited to, fees for the daily care of such impounded animals, for newspaper announcements, for vaccinations, and for euthanasia shall be set forth in a fee schedule determined by the animal control manager and posted at the animal shelter and on the police department website and as provided in appendix A of this code. In the case where the owner of an animal requests that animal control euthanize the animal, animal control is authorized to euthanize such an animal only if the owner resides within the city limits at the time of the request for euthanasia and the animal has not bitten any person within the ten days preceding the request.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; Ordinance 2019-001, sec. 2, adopted 1/14/19; 1988
Code, sec. 5-3(b); Ordinance adopting 2021 Code)
A person commits an offense if the person interferes, removes,
alters, damages or otherwise tampers with equipment belonging to or
set out by the animal control division.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-3(c))
The animal control division shall make reasonable effort to
contact the owner of any impounded animal; however, final responsibility
for locating and reclaiming an impounded animal is that of the owner.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; 1988 Code, sec. 5-3(d))
No animal impounded shall be released to the owner until all
costs and fees prescribed have been paid and until the person applying
for the release of such animal has signed an affidavit to the effect
that he is the owner of the animal and entitled to possession thereof.
The owner of any animal so impounded may redeem his animal as follows:
(1)
Before sale.
By paying the prescribed fees, together
with the cost of advertising, if any, and providing evidence of prepayment
for vaccination, if required.
(2)
After sale.
By paying to the purchaser double the amount
paid by him for such animal, and his reasonable expenses for keeping
the same, provided the owner so redeems the animal within ten (10)
days after the date of sale; otherwise the animal shall become the
absolute property of the purchaser.
(3)
Conditions.
Any person owning any animal impounded under
this article shall be allowed to take such animal from the animal
shelter or other place where impounded upon the following conditions:
(A)
Payment to the city of an impoundment fee determined by the animal control manager and contained in the fee schedule described in section 3.02.002 for each day or fractional part thereof.
(B)
If the owner cannot provide proof of a current rabies vaccination,
the animal must be revaccinated or vaccinated for rabies within five
(5) days of being reclaimed by the owner of the impounded animal.
Animals less than twelve (12) weeks of age will not require a rabies
vaccination in order to be released.
(C)
When an animal has been impounded for the first time, the owner of
the animal is eligible for a one-time impoundment fee rebate established
by the animal control manager upon submission, within thirty (30)
days of the animal being redeemed, of written documentation that the
animal has been spayed or neutered.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; Ordinance 2019-001, sec. 3, adopted 1/14/19; 1988
Code, sec. 5-3(e))
(a)
Holding period.
If the owner has not redeemed such impounded
animal within three (3) days from its capture and impoundment, the
animal may be given to a nonprofit humane organization, placed for
adoption, or humanely destroyed.
(b)
Owner relinquishing responsibility.
An owner who no
longer wishes responsibility for an animal, or does not desire to
regain possession of an impounded animal, may, upon signing a waiver
in a form provided by the animal control manager, allow the animal
to be placed for adoption, given to a humane nonprofit organization,
or humanely destroyed; provided, however, that the animal has not
bitten a human within the last ten (10) days of the owner wanting
to relinquish his responsibility of ownership.
(c)
Sick or injured animals.
Any impounded animal which
has been seriously injured or is seriously ill may be euthanized immediately
to prevent suffering, or given to a nonprofit humane organization
for the purpose of veterinary medical care, as determined by the animal
control manager. The animal shelter shall not be responsible for providing
veterinary care for any sick or injured animal.
(d)
Wild animals.
Any impounded wild animal, unless there
is a reason to believe that it has an owner, may be immediately disposed
of as may be deemed appropriate by the animal control officer.
(e)
Baby animals.
Any nursing baby animal impounded without
the mother or where the mother cannot or refuses to provide nutritious
meals may be immediately euthanized to prevent suffering or given
to an individual or to a nonprofit humane organization for the purpose
of caring for such animal.
(f)
Animals treated inhumanely.
The final disposition of
animals impounded on the grounds of cruel or inhumane treatment shall
be determined by the animal control manager.
(g)
Adoption of animals.
A person may adopt an animal from
the animal shelter under the following conditions:
(1)
The animal to be adopted must be classified as adoptable by the animal
control manager.
(2)
The prospective adopter has the proper facilities to care for the
animal.
(3)
The prospective adopter completes the animal adoption agreement form.
(4)
The prospective adopter pays an adoption fee established by the animal
control manager or makes the adoption through the Lamar County Humane
Association.
(5)
The adoption fee may be waived for nonprofit humane animal rescue
organizations in good standing with the city animal shelter. When
the fee is waived for such organizations, no rabies vaccination or
sterilization services will be provided. Nonprofit organizations that
have the fee waived must present proof of rabies vaccination and sterilization
within thirty (30) days from the date the animal is received from
the city animal shelter. Additional time shall be allowed for animals
less than six (6) months of age.
(6)
The prospective adopter must pay a license fee if required by any
provision of this chapter.
(Ordinance 2016-002, sec. 2, adopted 2/8/16; Ordinance 2019-001, sec. 4, adopted 1/14/19; 1988
Code, sec. 5-3(f))
