(a)
It
shall be the duty of the city to establish a department of animal
services facility in the city at such place as may be designated by
the city council, where all animals found running at large in violation
of this chapter shall be received and cared for at the discretion
of the animal services officer.
(b)
When
an animal services officer has commenced pursuit of an animal running
at large, he/she may continue said pursuit and follow the animal onto
any enclosed or unenclosed private property (except for an inhabited
residence) for the purpose of apprehending it as soon as possible.
(c)
The
provisions of this section shall not apply to “estrays”
as defined in section 142.001 of the Texas Agriculture Code.
(1996 Code, sec. 6-5)
(a)
Generally.
It shall be the duty of the animal services
officer to cause to be taken up or impounded all dogs loose or at
large in violation of this chapter, and to take such dogs to the department
of animal services facility or other suitable place.
(b)
Notice to owner.
If a dog which has been delivered to
the department of animal services facility is wearing a city license
tag not more than two years old or a current local veterinarian vaccination
tag, the person in charge of the center shall notify the owner of
the dog by telephone or by mail that such dog has been received by
the department of animal services. The mailing of notice shall be
deemed sufficient notice under this section if it is mailed to the
owner at the address shown in the city’s records for such license
if the dog is wearing a city license tag, or to the address shown
in the local veterinarian’s records if the animal is not wearing
a city license tag but is wearing a local veterinarian’s tag.
(c)
Holding period.
Dogs wearing a city license tag not
more than two years old or a current local veterinarian’s tag
shall be held in designated pens for the owner for six days from the
date the owner was notified by telephone or notice was mailed to the
owner. On the seventh day following such notice, the animal may be
adopted or euthanized at the discretion of the animal services officer.
(1996 Code, sec. 6-120)
This division shall apply to animals, and the word “animals” as used herein shall mean all animals other than those subject to the provisions of chapter 142 of the Texas Agriculture Code (estrays) and those subject to the provisions of article 2.06 of this chapter.
(1996 Code, sec. 6-130)
(a)
The
person entitled to the possession of any animal delivered to the department
of animal services facility shall be entitled to have the animal delivered
to him/her at the department of animal services facility upon presentation
of satisfactory evidence of ownership, proof of compliance with any
other applicable ordinance or statute governing the release of an
animal to such owner, and payment of the following charges and fees
as applicable, provided such animal is not infected or reasonably
believed to be infected with rabies or any other infectious or contagious
disease:
(1)
Except as otherwise provided in this chapter, the following fees
shall be charged for the impoundment of an animal in the department
of animal services [facility]:
(A)
For animals other than dogs and cats and for altered dogs and cats:
(i)
Ten dollars ($10.00) for the first impoundment of the animal;
(ii)
Twenty-five dollars ($25.00) for the second impoundment of the
same animal;
(iii)
Fifty dollars ($50.00) for the third impoundment of the same
animal; and
(iv)
One hundred dollars ($100.00) for the fourth and each subsequent
impoundment of the same animal.
(B)
For unaltered dogs or cats:
(i)
Twenty-five dollars ($25.00) for the first impoundment of the
animal; a $20.00 refund may be obtained upon proof of altering (mandatory
for cats) within 30 days;
(ii)
Fifty dollars ($50.00) for the second impoundment of the same
animal; a $20.00 refund may be obtained upon proof of mandatory altering
(dogs and cats) within 30 days;
(iii)
One hundred dollars ($100.00) for the third impoundment of the
same animal; a $20.00 refund may be obtained upon proof of mandatory
altering (dogs and cats) within 30 days; and
(iv)
One hundred twenty-five dollars ($125.00) for the fourth and each subsequent impoundment of the same animal; a $20.00 refund may be obtained upon proof of mandatory altering (dogs and cats) within 30 days. The fees specified above for unaltered dogs or cats shall apply unless the animal services officer is able to determine by external examination that the animal has been altered or the owner presents a certificate from a veterinarian establishing that the animal has been altered. Release of an unaltered animal shall be conditioned as provided in subsection (g) below.
(2)
Issuance of a license as provided in article 2.02, division 2, if a dog or cat has no valid license.
(3)
Except as otherwise specifically provided in this chapter, a boarding
fee of $8.00 per day shall be charged for each animal impounded. However,
when a person seeks delivery of an animal on the first regular working
day after a Sunday or after a holiday observed by closure of city
offices, no boarding fee shall be charged for the immediately preceding
Sunday or holiday unless such Sunday or holiday was within the period
of quarantine of the animal for rabies observation. The department
of animal services shall not keep an animal of a person who is in
the custody of the state for more than 15 days unless such animal
is being held as evidence in a pending court case.
(b)
It
shall be the duty of the officer in charge of the department of animal
services facility to offer for adoption any and all healthy animals
impounded under the terms of this division and not redeemed within
three days, and to adopt the same for cash for the amount of the accrued
fees against such animal. The person entitled to the possession of
any animal shall be entitled to redeem the same upon paying the adopter
double the amount paid by him/her for such animal and his/her reasonable
expenses for keeping the same. Any animal not so redeemed within 30
days from the date of the adoption shall become the absolute property
of the adopter.
(c)
No
animals which have been taken to the department of animal services
facility shall be redeemed or adopted unless they are vaccinated for
rabies, except such instances where the appropriate official has been
furnished with satisfactory proof and evidence that such animal has
been inoculated with a rabies vaccine approved by the U. S. Department
of Agriculture’s Veterinary Biologics Division, and that such
immunization will not expire within the licensing year in which such
animal is to be released.
(d)
The owners of all animals impounded in the department of animal services facility shall be required to redeem the same as provided for in subsection (a) hereof and shall not be permitted to adopt such animal in lieu of paying the redemption fee.
(e)
It
is hereby made unlawful to remove animals from the department of animal
services facility except in accordance with the procedures established
herein and the regulations established by the office of the chief
of police.
(f)
Any dog or cat impounded in the department of animal services facility that is claimed by the owner that has not been inoculated for rabies in accordance with section 2.03.001, which dog or cat cannot be inoculated in accordance with such section due to illness, will be delivered to any veterinary hospital within the city designated by the owner thereof for further treatment for a fee of $25.00, provided the veterinarian operating such veterinary hospital agrees to vaccinate such animal for rabies in accordance with article 2.03 prior to releasing the animal from the veterinary hospital, and provided further that such veterinarian also agrees to furnish a certificate evidencing the vaccination to the department of animal services.
(g)
Except
where the animal services officer is able to determine by external
examination that a dog or cat has been altered or the owner has presented
a certificate from a veterinarian establishing that the animal has
been altered, the release of the animal shall be conditioned upon
an owner’s execution of a written agreement that he/she will
have the animal altered by a veterinarian and provide written proof
thereof to the LRCA within 30 days of the date of the animal’s
release. It shall be unlawful for anyone to whom an animal has been
conditionally released under this subsection to fail to timely cause
the animal to be altered and to provide a veterinarian’s certificate
evidencing the alteration to the LRCA within 30 days of the date of
the animal’s release to the person.
(1996 Code, sec. 6-131; Ordinance
adopting Code)
Animals taken up and impounded under the terms of this chapter
that are not redeemed as provided in this article shall be disposed
of by the city as follows:
(1)
Any
animal that is suitable for adoption as a pet and is not placed for
adoption through city facilities may be placed for adoption through
a private nonprofit humane shelter. The director shall establish uniform
criteria for the placement of adoptable animals through humane shelters
and shall make surplus adoptable animals available to those shelters
that meet the criteria. The criteria shall include requirements that
animals be vaccinated and sterilized in accordance with law and that
the animals be licensed in the jurisdiction where they will be kept.
(2)
All
animals that are not placed for adoption shall be destroyed by use
of humane euthanasia procedures as recommended from time to time by
the American Veterinary Medical Association.
(3)
Under
no circumstances may an animal be adopted, sold or donated for research
or teaching purposes to a medical school, licensed hospital or nonprofit
university or college.
(1996 Code, sec. 6-132)
The director may accept a dog or cat from the owner thereof
for disposal for no charge. No fee shall be charged to a citizen who
brings an injured or ill cat or dog to the department of animal services
facility for euthanasia. The disposal of such animals shall be accomplished
in the same manner as though the animal had been impounded and not
redeemed.
(1996 Code, sec. 6-133)
In accordance with applicable state law, the director shall
establish procedures to ensure that no unsterilized dog or cat is
released from the city’s animal services facilities except under
the terms of a sterilization agreement as required by chapter 828
of the Health and Safety Code.
(1996 Code, sec. 6-134)
