(a) 
The following animals may be impounded:
(1) 
Any animal believed to be infected with rabies or kept under conditions that could endanger the public or animal health, safety or welfare;
(2) 
Any animal found at large;
(3) 
Any animal treated in a manner determined by animal control to be cruel and inhumane;
(4) 
Any animal that is suspected of biting or scratching a human being or is suspected of coming into contact with a rabies high risk animal that requires isolation to observe for possible rabies, as determined by animal control and/or state or federal authorities;
(5) 
Any animal being kept or maintained in violation of any provision of Texas Penal Code 42.09, 42.092 or 42.10, as they currently exist or may be amended;
(6) 
Any animal being kept or maintained in violation of any provision of Texas Health and Safety Code, chapter 826, as it currently exists or may be amended;
(7) 
Any animal being kept or maintained in violation of any provision of Texas Administrative Code, chapter 169, as it currently exists or may be amended; and/or
(8) 
Any animal being kept or maintained in violation of any provisions of this chapter.
(b) 
If any of the animals named in this section are found upon the premises of any resident located within the city limits, the city resident shall have the right to confine such animal in a humane manner until he/she can notify animal control to retrieve the animal for impoundment. When so notified, it shall be the duty of animal control to impound such animal as herein provided.
(c) 
A reasonable effort shall be made by animal control to contact the owner of any animal impounded that is wearing an identification tag of any type; however, final responsibility for location of an impounded animal is that of the owner.
(d) 
The owner can resume possession of any impounded animal that is otherwise subject to release upon:
(1) 
Payment of impoundment fees;
(2) 
Payment of handling fees;
(3) 
Payment of any veterinarian bills incurred by animal control and the city’s agents for the welfare of the animal; and
(4) 
Compliance with vaccination and registration provisions, if any, of this chapter.
(e) 
Disposition of animals impounded as a result of cruel or inhumane treatment will be determined by a court of competent jurisdiction.
(f) 
If any animal is being held in quarantine or observation for rabies, the owner shall not be entitled to possession until the animal has been released from the quarantine observation period by animal control and the owner has satisfied payment of any impoundment fees, handling fees, veterinarian bills, or any other fees incurred while in custody of animal control or the city’s authorized agents.
(g) 
Any animal not reclaimed by the owner may be humanely euthanized or adopted after being impounded for five days (the day of impoundment being day “0”), unless under quarantine by animal control or its authorized agents. However, feral cats shall be held a minimum of three days and any animal wearing a current rabies tag shall be impounded for not less than six days, unless under quarantine. Unclaimed animals wearing an identification tag that are in the custody of animal control or any of its authorized agents may be humanely euthanized or adopted after being impounded for six days.
(h) 
Any seized or impounded dangerous wild animal, unless there is reason to believe such animal has an owner, may have its disposition immediately determined as deemed appropriate by animal control, or its authorized agents.
(i) 
Any nursing baby animal impounded without its mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
(j) 
An animal owner who no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition may sign a written waiver supplied by animal control, or its agents, that surrenders the animal to animal control, or its authorized agents. If space in the animal shelter is available for the surrendered animal, the animal control officer may take the animal at the time surrendered by the owner. If shelter overcrowding exists, the owner may place the animal on a waiting list for surrender for up to 18 days or make other arrangements with the animal control officer. The written waiver surrenders the animal to animal control, or its authorized agents, to be impounded for adoption or immediate euthanization in a humane manner. No warm-blooded animal that has bitten or scratched a human being shall be euthanized before the expiration of the quarantine period, unless said animal’s owner requests that the animal be euthanized for rabies testing.
(k) 
Any impounded animal that appears to be suffering from extreme injury or illness may be immediately euthanized or given to a nonprofit humane organization for the purposes of veterinary care as determined by animal control.
(Ordinance 401-08, sec. 8.01, adopted 7/15/08; Ordinance adopting Code)
(a) 
Impoundment fees for animals impounded shall be published and determined by the city’s authorized animal shelter agent(s) for all animals.
(1) 
Class A:
All domestic dogs and domestic cats, unsterilized (unspayed or unneutered) or sterilized (spayed or neutered).
(2) 
Class B:
Small livestock shall include goats, sheep, lambs, swine, and animals of the same approximate size and weight. Fees shall be set based on actual costs, damages and the factors set forth in chapter 142 of the Texas Agricultural Code, as it exists or may be amended.
(3) 
Class C:
Large livestock shall include cattle, horses, ponies, mules, and animals of the same approximate size and weight. Fees shall be set based on actual costs, damages and the factors set forth in chapter 142 of the Texas Agricultural Code, as it exists of may be amended.
(4) 
Class D:
Animals not listed hereinabove shall be impounded and/or disposed of at the discretion of animal control or the city’s authorized agents.
(b) 
A daily handling fee shall be charged for every day, or fraction thereof, that an animal is at the animal shelter. Said fee shall be based upon the class of animal enumerated above as deemed by the city’s authorized agent(s) or contractors. Class D animals shall be charged as deemed by the city’s authorized animal shelter agent(s). This fee is in addition to the impoundment fee as set forth by the city’s authorized animal shelter agent(s) or contractors. Class B and class C animals shall be impounded in accordance with the Texas Estray Act (chapter 142 of the Texas Agriculture Code), as it currently exists or may be amended.
(c) 
The owner of any class A, class B, or class C animal held in quarantine for observation purposes, or any other purposes, shall be charged for each day or fraction of a day at the rates set forth and published by the city’s authorized animal shelter agent(s). This fee is in addition to impoundment fees and daily handling fees or any other costs incurred by the city’s authorized animal shelter agent(s).
(d) 
The owner of a class D animal shall be charged for each day or fraction of a day the animal is held in quarantine for observation purposes, or any other purposes, at the animal shelter at the rates set forth and published by the city’s authorized animal shelter agent(s). This fee is in addition to impoundment fees and daily handling fees or any other costs incurred by the city’s authorized animal shelter agent(s).
(e) 
The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. The fees may be used only to help defray the cost of administering this section or the ordinances or rules of the enforcing agency within its jurisdiction.
(Ordinance 401-08, sec. 8.02, adopted 7/15/08)