(a) 
If the animal control officer has reason to believe that an animal within the City of Teague has been or is being cruelly treated, he may apply to the municipal court for a warrant to seize the animal.
(1) 
Under this article, “animal” includes every living dumb creature.
(2) 
Under this article, “cruelly treated” includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter, cruelly confined, or caused to fight with another animal.
(b) 
On a showing of probable cause to believe that the animal has been or is being cruelly treated, the municipal court shall issue the warrant and set a time within 10 days of the date of issuance for a hearing in the municipal court to determine whether the animal has been cruelly treated.
(c) 
The animal control officer executing the warrant shall cause the animal to be impounded and shall give written notice to the owner of the animal of the time and place of the hearing.
(d) 
Each interested party is entitled to an opportunity to present evidence at the hearing.
(e) 
Except as provided in subsection (f) below, if the municipal court finds that the animal’s owner has cruelly treated the animal, the municipal court shall:
(1) 
order a public sale of the animal by auction;
(2) 
order the animal given to a nonprofit animal shelter, pound, or society for the protection of animals; or
(3) 
order the animal humanely destroyed if the municipal court decides that the best interests of the animal or that the public health and safety would be served by doing so.
(f) 
If the municipal court finds that the animal’s owner has cruelly treated the animal and that the animal is farm livestock, the owner shall be divested of ownership and the municipal court shall order a public sale of the animal by auction, order the animal given to a nonprofit animal shelter, pound, or society for the protection of animals, or order the animal humanely destroyed if the municipal court decides that the best interests of the animal or that the public health and safety would be served by doing so. In this subsection, “farm livestock” means cattle, hogs, sheep, goats, mules, horses, jacks, jennets, or poultry raised or used on a farm or ranch for food or for the production of legal income.
(g) 
The municipal court may order the animal disposed of under subsection (e)(1) or (2) to be spayed or neutered at the cost of the receiving party.
(h) 
The municipal court shall order the animal returned to the owner if the municipal court does not find that the animal’s owner has cruelly treated the animal.
(i) 
Notice of an auction ordered under this article must be posted on a public bulletin board where other public notices are posted for the City of Teague. At the auction, a bid by the former owner of a cruelly treated animal or the owner’s representative may not be accepted.
(j) 
Proceeds from the sale of the animal shall be applied first to expenses incurred in caring for the animal during impoundment and in conducting the auction. The officer conducting the auction shall pay any excess proceeds to the municipal court ordering the auction. The municipal court shall return the excess proceeds to the former owner of the animal.
(k) 
If the officer is unable to sell the animal at auction, he may cause the animal to be destroyed or may give the animal to a nonprofit animal shelter, pound, or society for the protection of animals.
(l) 
An owner of an animal ordered sold at public auction as provided in this article may appeal the order. While an appeal under this subsection is pending, the animal may not be sold, destroyed, or given away as provided by this article.
(Ordinance 98-9-10 adopted 9/10/98)