Animals owned or harbored in violation of this chapter or law
of the state shall be taken into custody by a humane officer or other
designated official and impounded under the provisions of this chapter.
For the purpose of section 801.004 of the Texas Occupations Code,
the director of animal services shall be considered the designated
caretaker immediately of all animals in its custody, whether impounded
or surrendered.
(Ordinance 2022-06 adopted 5/23/2022)
(a)
Animals with no identification.
All animals impounded
by the animal services division or brought to the animal adoption
and rescue center by a person other than the harborer or owner of
that animal shall be held for a minimum of four consecutive business
days during which time period the owner may present proof of ownership
at the center and after paying all applicable fees, that owner may
reclaim the animal. In the event that the animal is not claimed after
four consecutive business days in the center, that animal shall become
the property of the city.
(b)
Animals with identification.
Animals impounded
by the animal services division or brought to the animal adoption
and rescue center by a person other than the harborer or owner of
that animal that are wearing traceable identification or where a possible
owner is known shall be held in the center for a minimum of seven
consecutive business days from the time the animal enters the facility,
during which time the animal services division shall notify the owner,
when known, of the impoundment. Unless the owner has notified the
animal services division in writing of his intentions to claim the
dog/cat after that date, listing a date by which time that owner will
reclaim the dog/cat and satisfy all applicable fees and this arrangement
has been approved by the animal services division supervisor, the
animal shall become the property of the city on the eighth business
day.
(c)
Animals surrendered by owner/harborer.
All animals
surrendered by the owner/harborer to the animal services division
shall become the property of the city immediately upon completion
of the owner/harborer surrender form. Such animals shall be available
for disposition the next business day.
(d)
Animals other than dogs, cats, ferrets or estrays impounded.
All animals other than dogs, cats, ferrets, estrays, or animals
holding current restricted animal permits in the city impounded by
the animal services division or brought to the center by a person
other than the owner/harborer shall become the property of the city
unless such ownership is prohibited by state or federal law.
(e)
Disposition of animals.
Final disposition of all
unclaimed animals shall rest with the animal services division. The
animal services division or as otherwise designated by the city administrator
shall retain sole authority to determine the final disposition of
each animal in its custody once that animal becomes the property of
the city, and shall not place any animal for adoption that is classified
in this chapter as prohibited. Animals shall be euthanized by an injection
of sodium pentobarbital or substances approved for euthanasia by the
American Veterinary Medical Association and/or the Texas Veterinary
Medical Association to be administered by a certified euthanasia technician
or transferred to a partner organization for adoption. All animals
listed as endangered or protected shall be transferred to the proper
authority at the earliest possible date.
(Ordinance 2022-06 adopted 5/23/2022)
(a)
If a complaint has been filed in municipal court for the city
against the owner of an impounded animal for a violation of this chapter,
the animal shall not be released except on the order of the animal
services division which may also direct the owner to pay any penalties
for violation of this chapter in addition to all impoundment fees.
(b)
Surrender of an animal by the owner thereof to the animal services
division does not relieve or render the owner immune from the decision
of the court, nor from the fees and fines which may result from a
violation of this chapter.
(Ordinance 2022-06 adopted 5/23/2022)
It shall be unlawful for any person to remove from any place
of confinement any animal which has been confined as authorized, without
the consent of the impounding agency.
(Ordinance 2022-06 adopted 5/23/2022)
It shall be unlawful for any person owning or harboring an animal
to permit such animal to run at-large. Any officer or citizen of the
city is hereby authorized to take up and deliver to the animal adoption
and rescue center or facility contracted by the city any animal mentioned
in this chapter that may be found "at-large" in the corporate limits
of the city, subject to the applicable provisions of the law. Failure
to notify and/or turn over to the animal services division any such
animal within 48 hours may subject the person taking up the animal
to civil and/or criminal action. The humane officer or his agent and
peace officer or as otherwise designated by the city administrator
are authorized to impound any animal mentioned in this chapter which
is in violation of the chapter. In the event the animal is on private
property or property of the animal's owner the humane officer
may enter the property, other than a private dwelling, for the purpose
of impoundment or issuance of a citation, or both, subject to the
applicable provisions of the law.
(1)
It shall be unlawful for any animal to "run at-large" as defined in section 3.01.002 of this chapter.
(2)
No animal may be restrained by a tether unless the person is
holding the tether.
(3)
The prohibition of subsection (2) does not apply to a temporary restraint:
(A)
During a lawful animal event, veterinary treatment, grooming,
training, or law enforcement activity;
(B)
That is required to protect the safety or welfare of a person
or the animal, if the animal's owner or handler remains with
the animal throughout the period of restraint. This period shall not
exceed three hours in a 24-hour period, and no longer than necessary
for the owner to complete a temporary task that requires the animal
to be restrained;
(C)
A person restraining an animal with a tether shall attach the
tether to a properly fitted collar or harness worn by the animal.
A person may not wrap a tether directly around the animal's neck.
A person may not restrain an animal with a tether that weighs more
than one-eighteenth of the animal's body weight. A tether used
to restrain an animal must, by design and placement, be unlikely to
become entangled;
(D)
A person may not restrain an animal in a manner that does not
allow the animal to have access to necessary proper shelter and clean
water; or
(E)
A person may not restrain an animal in a manner that allows
the animal to move outside the person's property.
(Ordinance 2022-06 adopted 5/23/2022)
Any unspayed female dog or nonferal cat in the state of estrus
(heat) shall be confined during such period of time in a house, building,
or secure enclosure, and said area of enclosure shall be so constructed
that no other animal may gain access to the confined animals. Owners
who do not comply shall be ordered to remove the animal in heat to
a veterinary hospital or the animal adoption and rescue center. All
expenses incurred as a result of this confinement shall be paid by
the owner. Failure to comply with the removal order of the animal
services division shall be a violation of this chapter, and the animal
will then be impounded as prescribed in this chapter.
(Ordinance 2022-06 adopted 5/23/2022)
(a)
All animals which are adopted from the animal adoption and rescue
center shall be surgically altered to prevent reproduction in that
animal before leaving the animal adoption and rescue center or facility
contracted by the city provided the animal is eight weeks or older
or two pounds or more in body weight.
(b)
Definitions and requirements.
(1)
Animal not eligible for altering.
If the animal
is not eligible for altering before leaving the center due to age
or medical condition, that animal shall be surgically altered as soon
as medically safe. The person adopting that animal shall sign an agreement
stating that they will have said animal surgically altered at that
time.
(2)
Responsibility for proof.
It shall be the responsibility
of the person adopting to provide proof of altering to the animal
services division.
(3)
Recovery of unaltered animal.
Failure to comply
with this section or failure to comply with the terms of either of
the above agreements shall give the animal services division the right
to recover the adopted animal in question and revoke the adopter's
adoption contract. Such failure shall also constitute a violation
of this chapter. No refunds or reimbursements will be made by the
city.
(4)
Adoption fee.
The adoption fee shall be offset
on a tiered scale dependent on the total cost of medical expenses
incurred not to include routine vaccinations or grooming expenses.
(5)
Rabies vaccination.
A person adopting a dog, cat,
or ferret that is not yet three months of age shall have that animal
vaccinated for rabies by a veterinarian licensed within the state
by the date specified during the adoption procedure. The person adopting
the animal is responsible for providing proof of rabies vaccination
to the animal services division within 48 hours of vaccination date.
(6)
Financial responsibility.
[sic]
(c)
Fosters.
Fosters bear all financial responsibilities
toward the care of the pet they have been entrusted with.
(d)
Adopters.
Adopters bear all financial responsibilities
toward the care of the pet they adopt.
(e)
City.
The city bears no financial responsibility
once a pet is fostered or adopted and is in the care of the foster
or the adopter.
(Ordinance 2022-06 adopted 5/23/2022)
There shall be a fee for surrender of animals by owner/harborer
to the animal adoption and rescue center.
(1)
Small animals.
For small animals such as dogs,
cats, ferrets, small birds, and pocket pets, a fee shall be charged
per animal. In the event a litter (under 60 days of age) is surrendered
the charge shall be the same as a single animal, with or without the
mother.
(2)
Large animals.
For large animals such as chickens,
peacocks, horses, cows, goats, sheep and pigs, a fee shall be charged
per animal.
(3)
Surrendered animals from other cities.
Owners
of animals who reside outside the city who bring their animals to
the center shall be accepted as space is available. Priority shall
be placed on residents or contract cities surrendering their animals.
(Ordinance 2022-06 adopted 5/23/2022)
It shall be a violation of this article to fail to pay all fees due in accordance with this chapter or the animal services division fees in appendix A.
(Ordinance 2022-06 adopted 5/23/2022)
Where violations of restraint requirements are observed, any
humane officer or any other individual designated by the city administrator
may issue a control notice in lieu of a citation. The control notice
will stipulate the violation observed, associated fees and a compliance
date, as well as a waiver provision providing that the person to whom
the control notice is issued waives all rights to protest such notice
and waives all rights to a hearing on the issue relating to that notice.
All associated fees shall be paid to the animal services division.
Failure to pay the associated fees by the compliance date or failure
to waive rights by the compliance date shall constitute a violation
of this article and may result in the issuance of a citation.
(Ordinance 2022-06 adopted 5/23/2022)
Any owner of an animal who is cited and convicted or who pleads
guilty or who receives differed adjudication for a restraint violation
of this chapter on two occasions within a 12-month period, shall have
the animal spayed or neutered within seven days of the conviction
or plea. Verification from the veterinarian performing the surgery
shall be provided to the animal services division in writing within
seven days of the surgery.
(Ordinance 2022-06 adopted 5/23/2022)
