(a) 
Impoundment.
(1) 
It is the duty of the enforcement agent to capture and impound such animals that are running at-large or which are required to be impounded pursuant to other laws or ordinances or to protect public safety. Any officer or citizen of the city is authorized to take up and deliver in a humane manner to the animal services facility any animal that may be found running at-large in the city.
(2) 
The animal control officer shall impound and quarantine all dogs, cats and other animals exposed to, suspected to be exposed to, or infected with rabies, whether the dog, cat or other animal to be impounded is at-large, on a leash, or confined to its owner’s premises or whether it is currently vaccinated. Any animal which a licensed veterinarian suspects of having rabies shall be humanely euthanized. Any animal exposed to a rabid animal shall be humanely euthanized or quarantined at the owner’s expense for a period mandated by the Texas Department of State Health Services Zoonosis Control Division, not less than ten (10) days from the date of last known exposure.
(3) 
The animal control officer shall impound an animal at the request of a peace officer when the owner of the animal has been arrested, hospitalized, is missing, or has died, and there is no person present, eighteen (18) years of age or older, who will assume the legal responsibility of providing food, water and shelter for such animal.
(b) 
Identification of impounded animals.
(1) 
The animal control officer, or his/her deputies, upon receiving an animal for impoundment, shall make a complete registry, including the species, breed, color, and sex of such animal, whether it has traceable identification and the time and place of taking custody. If the animal has traceable identification, he shall enter the name and address of the veterinary clinic, year, the microchip number, and any other pertinent information. When kennel space allows, animals with traceable identification shall be kept separate from animals that do not have identification. All animals impounded shall be scanned with a microchip reader.
(2) 
If, by microchip number, the owner of an impounded animal can be identified, the animal control officer shall, as soon as possible, notify the owner by telephone or mail; however, it is the responsibility of the owner to visit the animal services facility before the expiration of the designated holding period to reclaim lost pets.
(3) 
Impounded animals with no means of traceable identification shall be kept for not less than three (3) days, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this article. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(4) 
Animals with any type of traceable identification shall be kept for not less than ten (10) days, or not less than three (3) days from the time the owner is notified of their animal being impounded, whichever is the shorter time period, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this article. If an animal has a tag that does not list the owner’s phone number or address, and the person or business that is in possession of the owner’s contact information will not release it to the animal services division, then for the purposes of this section it shall be the responsibility of that person or business to notify the owner of the animal being impounded, and the animal shall be held for three (3) days after the animal control officer contacts the person or business in possession of the owner’s contact information. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(5) 
If an owner claims a dog or cat that has been impounded by animal control, that animal shall be spayed or neutered within 30 days of reclamation. Failure to do so will result in a citation. Every day is considered a separate offense.
(c) 
Retention of impounded animals.
(1) 
An animal impounded at the request of an enforcement agent as required by this article shall be kept for not less than ten (10) days unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this article. It is the responsibility of the owner to visit the animal services facility before the expiration of the designated holding period to reclaim such pets.
(2) 
An impoundment period is not required for an animal voluntarily released to the animal control officer by its owner.
(d) 
Redemption of impounded animals.
(1) 
Any owner of an animal that has been impounded under this chapter who wishes to have it returned to him shall personally visit the animal services facility where it is impounded. The animal control officer shall return the animal if the owner can provide sufficient proof of being the animal’s owner and if such release will not impair the safety of the public or the animal. The owner of the animal must pay any and all fees set forth herein and must agree to abide by all of the requirements of this chapter before the animal is returned. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(2) 
If an animal that requires a microchip is impounded by the animal control officer for violating this chapter and the owner cannot prove that he is in possession of all required permit(s) or registration(s), the owner must meet all requirements of the required permit(s) or registration(s) and must purchase said permit(s) or registration(s) before the animal may be released from the animal services facility.
(3) 
If an animal that requires a rabies vaccination is impounded by the animal control officer for violating this chapter and the owner cannot prove that the animal has a current rabies vaccination, a citation for failing to vaccinate will be issued. The owner shall then have five (5) days to provide proof of obtaining a current rabies vaccination to the animal control officer or else he shall be cited again for violation of this article. Each subsequent day that passes after the five (5) day period shall be considered a separate offense. For the purposes of this section, a rabies tag alone is not sufficient proof of an animal’s current rabies vaccination.
(4) 
If an animal is impounded by the animal control officer for violating this chapter and the owner cannot prove that the animal has been previously microchipped, the owner must purchase a microchip before the animal may be released from the animal services facility. The identification number provided by the microchip shall be maintained on file at the animal services facility or with a nationally recognized registry, for future identification purposes.
(Ordinance 822-2021 adopted 9/16/21; Ordinance 848-2022 adopted 10/20/2022)
(a) 
An animal surrendered by its owner to the city is immediately abandoned by its owner and is the property of the city. The city may transfer, place, or sell an animal surrendered by its owner at any time after intake.
(b) 
Except as provided in subsection (f), the animal shelter must not euthanize an animal before the animal has been impounded for seven (7) business days.
(c) 
Except as provided in subsection (d), the city shall hold an impounded animal not surrendered by its owner for a period of three (3) business days following impoundment of the animal for owner reclamation. On the fourth business day, an impounded animal is the property of the city.
(d) 
The animal control officer may dispose of impounded animals after the expiration of any required impoundment period by any of the following methods:
(1) 
Adoption:
(A) 
The animal control officer shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions:
(i) 
The animal control officer shall determine whether a dog or cat is healthy enough for adoption and if its health and age are adequate for vaccination. However, such decision shall not constitute a warranty of the health or age of the animal.
(ii) 
There will be an adoption fee for all dogs and cats at an amount set by resolution of the city council. The fee will include the cost of adoption, rabies coupon, licensing, vaccination, Bordetella (kennel cough-dogs only), implantation of a microchip, and all other necessary testing.
(iii) 
All animals adopted from the animal services facility shall be implanted with a microchip, vaccinated against rabies, and sterilized. If, in the opinion of a licensed veterinarian, there is a legitimate health risk justifying the delay of this surgery, the person adopting the animal shall sign a written agreement stating that they shall have the animal sterilized within fourteen (14) days of adoption. If the dog or cat being adopted is under the age of six (6) months, the new owner will have the animal sterilized when animal reaches six (6) months of age. A person who signs a sterilization agreement commits an offense if he fails to have the animal sterilized on or before the sterilization completion date stated in the agreement. Each day of the violation shall be considered a separate offense. 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 adopting person must provide within seven (7) days written documentation to the animal control officer that the animal has died.
(C) 
If an adopted animal is lost or stolen before the sterilization date, the adopting person must provide written documentation to the animal control officer stating that the animal is lost or stolen and a police report verifying the report of theft. The letter shall be delivered not later than the seventh day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.
(D) 
The animal control officer may reclaim an adopted animal if the animal control officer has not received confirmation of the sterilization as required.
(E) 
The animal services division shall have the right to require sterilization of an adopted animal, prior to new owner(s) taking possession of said animal. The new owner(s) must show proof (receipt) of pre-paid sterilization from a licensed veterinarian before animal is delivered to veterinarian office. New owner(s) may then pick up animal from veterinarian office when ready.
(2) 
The animal control officer may offer the animal to an animal welfare group that has a signed transfer agreement for dogs and cats on file with the animal services division, provided that the group sterilizes and microchips the animal prior to placing it into an adoptive home.
(3) 
The animal control officer may temporarily place the animal in a foster home that has a signed foster agreement for dogs and cats on file with the animal services division.
(A) 
The city shall maintain documentation, in physical form reviewable by the public, of an animal transferred under this subsection, including a photograph of the animal and all information pertaining to the animal’s impoundment and transfer, at the animal shelter for ten (10) business days following the impoundment of the animal by the city.
(B) 
Prior to the expiration of the period described in subsection (a)(3)(B), the transferee organization is the designated caretaker of the animal.
(C) 
An animal transferred under this subsection remains subject to reclamation by its owner prior to the expiration of the period described in subsection (a)(3)(B).
(4) 
The animal control officer may humanely euthanize the animal by methods approved by the American Veterinary Medical Association or the Texas Department of State Health Services.
(e) 
The choice of as to how to dispose of an impounded animal shall be made at the sole discretion of the animal control officer unless otherwise mandated by a court order.
(f) 
Any impounded, registered or unregistered animal which appears to be suffering from serious injury or disease and which is in great pain and suffering and has a low likelihood of recovery 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 officer or which, due to its extremely violent nature, poses a substantial risk of bodily harm to the safety of the staff of the animal services division, may be humanely euthanized at any time during its holding period by the animal control officer. In the event such an animal is wearing an identification tag on its collar or harness, the animal control officer shall attempt to notify the owner by telephone before taking action.
(g) 
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 only be subject only to the provisions of this chapter that require a current rabies vaccination and city registration. 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:
(1) 
A certified copy of a city police or fire report verifying the incident; or
(2) 
The affidavit of city police or fire personnel with direct knowledge of the incident.
(h) 
It shall be unlawful for a person to fail or refuse to deliver an unregistered or unvaccinated animal to an animal control officer or police officer upon demand for impounding.
(Ordinance 822-2021 adopted 9/16/21)
(a) 
Any person who is taken into the custody of the city’s police department having in his/her possession an animal shall be notified that the animal will be transferred to the animal services facility unless there is another person immediately available to take the animal or the animal is secured at a suitable location under reasonable conditions.
(b) 
During the confinement of a person taken into the custody of the city’s police department, the animal will be taken care of by the animal services division. The animal must be redeemed from impoundment within five (5) business days from the time of the incarceration of the owner, at no charge to the owner. If the animal has not been redeemed within the five-day period, the animal shall become the property of the city and may be euthanized in a humane manner, adopted, sold, or transferred to a nonprofit animal welfare organization approved by the animal services division.
(c) 
No person shall be able to redeem an animal taken possession of pursuant to this section, except the owner or owner’s duly authorized designee.
(Ordinance 822-2021 adopted 9/16/21)