The following animals may be impounded:
(1) 
Cats and dogs not exhibiting evidence of being vaccinated or registered, as described in this chapter;
(2) 
Any animal infected or kept under conditions which could endanger the public or animal health;
(3) 
Any animal that creates a nuisance;
(4) 
Any animal found at large as described in section 6-71;
(5) 
Any animal treated in a manner determined by the animal control officer, or any peace officer to be cruel or inhumane as defined in V.T.C.A., Penal Code § 42.09;
(6) 
Any animal that is a dangerous animal, is the subject of a dangerous animal investigation, or needs to be placed under rabies quarantine, as determined by the animal control officer or any peace officer; and
(7) 
Any animal owned, kept or harbored in violation of any provision of this chapter.
[Ord. No. 810-97, § 6(A), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021; Ord. No. 1465-22 adopted 12/12/2022]
If any animal is found on the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until the animal control officer can be notified to come and impound such animal. When so notified, it shall be the duty of the animal control officer to have such animal impounded as provided in this article. It shall be unlawful for the owner, or any other person, to remove such animal so confined.
[Ord. No. 810-97, § 6(B), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
In the event the animal is on fenced private property, and is in obvious physical distress due to illness, injury or any situation of entanglement or entrapment that threatens the animal's life or well-being, and the owner or the owner's representative cannot be located, the animal control officer or any peace officer may enter the property, other than a dwelling, without a warrant, to relieve the animal from the situation or remove the animal for medical treatment.
[Ord. No. 810-97, § 6(C), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
The city shall select and establish a place for impounding all animals impounded under any provision of this chapter.
[Ord. No. 810-97, § 6(D), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
Reasonable effort shall be made by an animal control officer to contact the owner of any impounded animal which is wearing a current registration tag; however, final responsibility for location of an impounded animal is that of the owner.
[Ord. No. 810-97, § 6(E), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
The owner may take possession of any impounded animal upon payment of impoundment fees and handling fees as listed in appendix A and any veterinarian bills incurred by animal control for the welfare of the animal and upon compliance with vaccination and registration provisions of this Code, except as prohibited in this section:
(1) 
Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction; and
(2) 
If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
[Ord. No. 810-97, § 6(F), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) 
It shall be unlawful for any person, without proper authority, to turn out or release, or cause to be turned out or released, or aid or abet the turning out or releasing of any animal from any impoundment vehicle, trap or facility.
(b) 
It shall be unlawful to remove, damage or otherwise tamper with any traps, equipment or impoundment facility belonging to the city.
[Ord. No. 810-97, § 2(D), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) 
Classification.
Impoundment fees are listed on the fee schedule in appendix A by classification, the classes are:
(1) 
Class A:
Dogs and cats.
(2) 
Class B:
Small livestock.
(3) 
Class C:
Large livestock.
(4) 
Class D:
Wild animals: For wild animals requiring capture by division personnel.
(5) 
Class E:
Other: Any other animal, fowl or reptile, each animal.
(6) 
Class F:
Dead animals: Removal of a dead animal from private property.
(b) 
Daily handling fees.
(1) 
A daily handling fee shall be charged for every night that an animal is at the animal shelter. Such fee shall be based upon the class of animal enumerated in subsection (a) of this section and is listed on the fee schedule in appendix A.
(2) 
In addition to the daily handling fees, the owner of an impounded animal will reimburse the city for any special food or equipment, purchased or rented, to provide proper care for the impounded animal.
(c) 
Observation fee for animals in quarantine.
(1) 
The owner of any animal held in quarantine for observation purposes shall pay the quarantine fee from the fee schedule in appendix A. This is in addition to any impoundment fee.
(2) 
If, however, the victim was unlawfully trespassing on the premises where the animal was being kept, and the animal was in no violation of any part of this chapter, the victim shall be responsible for the quarantine fee.
(d) 
Protective custody.
Any animal may be placed under protective custody when the owner of the animal has been arrested, hospitalized, is missing or has died and there is no person present who is 16 years of age or older that will assume the duties of providing food, water, and shelter for such animal.
(1) 
Any animal placed under protective custody may be disposed of in accordance with the terms of section 6-219.
(2) 
Animals held in protective custody will be subject to the daily handling fee plus any impoundment fee or veterinarian expense.
[Ord. No. 810-97, § 6(G), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) 
If the owner of an impounded animal is known, immediate notice shall be given to the owner. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the animal control officer. If such animal is not redeemed within 72 hours after notification of owner where the owner is known, or within 72 hours after impoundment where the owner is unknown, it shall be deemed abandoned, the city shall be deemed the owner of the animal, and the animal may be placed for adoption, subject to payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges, and such other costs as set by the animal control officer, or the animal control officer may humanely euthanize said animal by injection or other humane means commonly used by such officials.
(b) 
Any impounded wild animal may be immediately humanely euthanized or transferred into the custody of a proper entity as may be deemed appropriate by an animal control officer.
(c) 
Any impounded animal that appears to the animal control officer and at least one other credible witness to be suffering from extreme injury, illness, hunger or other condition may be euthanized immediately.
(d) 
An owner who wishes to voluntarily surrender an animal may leave the animal in the animal control officer's custody if the animal is registered with the city and the owner:
(1) 
Signs a written waiver supplied by the animal control officer allowing the animal to be euthanized if the animal is deemed unadoptable; and
(2) 
Pays the appropriate fee from the fee schedule.
(e) 
However, no warm-blooded animal that has bitten a human being shall be euthanized before the expiration of the ten-day quarantine period.
[Ord. No. 810-97, § 6(H), 1-28-1997; Ord. No. 1440-21, § 1, 10-25-2021]
(a) 
Any impounded animal that is abandoned under subsection 6-219(a) may be given up for adoption.
(b) 
An individual may adopt a dog or cat from the city animal shelter if all of the following conditions have been satisfied:
(1) 
The animal has been classified as adoptable by the animal control officer;
(2) 
The prospective adopter has proper facilities to care for the animal;
(3) 
The animal control officer verifies that the animal has been properly vaccinated and spayed or neutered, or arranges for the animal to be vaccinated and spayed or neutered prior to adoption;
(4) 
The prospective adopter shall pay in full the appropriate fee from the fee schedule as provided in appendix A, plus the current cost incurred by the city for vaccinating and spaying/neutering the animal, as provided in subsection (b)(3) of this section. The current costs for such services shall be posted in the animal services center.
(5) 
The prospective adopter shall pay in full the appropriate registration fee.
(c) 
The animal control officer may refuse to allow a person to adopt a dog or cat when there is reason to believe:
(1) 
The person would not be able to obtain a registration certificate under the restrictions of this chapter;
(2) 
The person would not have proper facilities to contain or care for the animal, as required by this chapter;
(3) 
The person wants the dog or cat for the purpose of resale, breeding or purposes other than pet ownership; or
(4) 
The dog or cat would be a hazard to humans or other animals.
[Ord. No. 810-97, § 6(I), 1-28-1997; Ord. No. 1013-05, § 1, 4-26-2005; Ord. No. 1440-21, § 1, 10-25-2021]