(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:
(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)
