(a)
Animals subject to impoundment.
The following animals
may be impounded:
(2)
Any animal kept under conditions which can endanger the public or
animal health.
(3)
Any animal that has rabies or symptoms thereof or that a person could
reasonably suspect of having rabies or that bites, scratches or otherwise
creates a condition which may have exposed or transmitted the rabies
virus to any human being or animal, or that requires observation for
rabies as determined by the animal welfare officer.
(4)
Any animal running at large.
(5)
Any animal treated in a manner determined to be in violation of Texas
Penal Code, section 42.09 [or 42.092] (cruelty to animals), as amended.
(6)
Any animal in violation of any provision of this chapter.
(7)
Any animal reasonably suspected of having inflicted bodily harm on
any human being or animal that poses a threat to public safety or
constitutes a public nuisance.
(8)
Any prohibited animal.
(b)
Confinement by private person.
If any animal is found
on the premises of any person other than the owner, that person may
confine such animal in a humane manner until the animal welfare officer
impounds such animal. When so notified, it shall be the duty of the
animal welfare officer to impound such animal.
(c)
Impoundment facilities.
The city council shall select
and establish facilities in the city or contract with another governmental
entity for the impoundment, quarantine, maintenance, and destruction
of animals.
(d)
Notification of owner.
Reasonable effort shall be made
by the animal welfare officer to contact the owner of any animal impounded
which is wearing current identification or is microchipped. However,
the final responsibility for an impounded animal is that of the owner.
(Ordinance 2015-004, sec. 9, adopted 9/14/2015)
(a)
The
owner may redeem an impounded animal upon:
(1)
Payment of all applicable impoundment fees, handling fees, and any
veterinary bills or other costs incurred for the impoundment, care,
and welfare of the animal; and
(2)
Proof of compliance with the vaccination requirements of this chapter.
Note: Any animal being held under quarantine or observation for rabies
shall not be redeemed until released from quarantine.
(b)
The
owner of an animal impounded for running at large shall have three
(3) days in which to reclaim the animal. An exception allowing seven
(7) days instead of three (3) days will be made for the owner of an
animal with current identification.
(c)
The impound fees shall be set based on the entity used to impound the animals or an escalating schedule set by the city council by recommendation of the animal welfare advisory board. Each time the same animal is impounded, the impound fee increases. The fees are as set forth in the fee schedule in appendix A of this code.
(d)
Except
as provided in subsection (1) or (2), an owner, or his designee, who
redeems an animal six (6) months of age or older for a third (3rd)
or subsequent impound shall provide proof that the animal has been
spayed or neutered/castrated prior to the release of the animal. If
proof that the animal is spayed or neutered/castrated is not provided,
the animal will be spayed or neutered/castrated at the owner’s
expense prior to its release.
(1)
Sterilization may be postponed for a period greater than thirty (30)
days, but not more than ninety (90) days, after release in cases of
female animals that are in estrus or pregnant.
(2)
If an up-to-date kennel breeding permit has been purchased or is
purchased before the animal is claimed, sterilization shall be postponed
at that time. However, if an animal for which a breeding permit has
been purchased is subsequently impounded, the animal shall be sterilized,
despite having purchased a breeding permit. The city expects that
persons with breeding permits accept a higher level of responsibility
in keeping permitted intact animals confined.
(e)
Any
animal that is found running at large more than three (3) times in
a twelve (12) month period may be deemed a public nuisance and permanently
removed from its owner.
(f)
An
animal apprehended for running at large may be returned to the owner
without fees or citation provided the following requirements are met:
(Ordinance 2015-004, sec. 10, adopted 9/14/2015; Ordinance adopting 2024 Code)
(a)
Except
as provided herein, any animal not redeemed within the above-stated
time periods after impoundment or release from quarantine shall become
the property of the city and shall, at the direction of the animal
welfare officer, be placed for adoption, transferred to a bona fide
humane society or shelter or transferred to a bona fide rescue group,
or humanely destroyed.
(b)
Disposition
of animals impounded on the grounds of cruel or inhumane treatment
shall be determined by a court of competent jurisdiction.
(c)
Any
nursing baby animal impounded without the mother or where the mother
cannot or refuses to provide care for the baby may be immediately
placed in foster care or destroyed to prevent further suffering if
advised by a vet.
(d)
Any
impounded animal that appears to be suffering from extreme injury
or illness may be immediately destroyed to prevent further suffering.
(Ordinance 2015-004, sec. 11, adopted 9/14/2015)
(a)
A
person may adopt a dog or cat from an impoundment facility that has
been spayed or neutered/castrated, microchipped, and classified as
adoptable. If the animal is not old enough to be surgically sterilized,
the adopting owner must sign an agreement to have the animal spayed
or neutered/castrated when the animal becomes old enough to be surgically
sterilized.
(b)
The
animal welfare officer may refuse to allow a person to adopt an animal
whom he has reason to believe:
(1)
Would not have proper facilities to contain or care for the animal.
(2)
Wants the dog or cat for the purpose of resale or for purposes other
than pet ownership.
(3)
There are reasonable grounds to believe the animal would be subjected
to abandonment or cruelty.
(4)
Previous history of abandonment or cruelty.
(c)
The
person adopting the dog or cat shall pay all applicable costs of adoption.
(Ordinance 2015-004, sec. 12, adopted 9/14/2015)
