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 V.T.C.A., Texas Occupations Code, § 801.004, the North Richland Hills Animal Shelter shall be considered the designated caretaker immediately of all animals in its custody, whether impounded or surrendered.
(Ordinance 3235, § 1, adopted 4/22/2013; Ordinance 3264, § 1, adopted 8/26/2013)
(a) 
Animals with no identification.
All animals impounded by the humane 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 humane 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 humane division shall notify the owner, when known, of the impoundment. Unless the owner has notified the humane 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 arrangements has been approved by the humane 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 humane 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 humane 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 humane division. The humane division or as otherwise designated by the city manager 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. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date.
(Ordinance 3235, § 1, adopted 4/22/2013)
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 humane division which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. Surrender of an animal by the owner thereof to the humane 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 3235, § 1, adopted 4/22/2013)
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 3235, § 1, adopted 4/22/2013)
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 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 humane 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 manager 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 14-2 of this chapter.
(2) 
No animal may be restrained by a chain or tether unless the person is holding the chain or 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; or
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 chain or tether shall attach the chain or tether to a properly fitted collar or harness worn by the animal. A person may not wrap a chain or tether directly around the animal's neck. A person may not restrain an animal with a chain or tether that weighs more that one-eighteenth of the animal's body weight. A chain or 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.
e. 
A person may not restrain an animal in a manner that allows the animal to move outside the person's property.
(Ordinance 3235, § 1, adopted 4/22/2013)
Any unspayed female animal 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 humane division shall be a violation of this chapter, and the animal will then be impounded as prescribed in this chapter.
(Ordinance 3235, § 1, adopted 4/22/2013)
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 provided the animal is eight weeks or older or two pounds or more in body weight.
(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 fostering 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 fostering to provide proof of altering to the humane 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 humane division the right to recover the fostered animal in question and revoke the foster's adoption contract. Such failure shall also constitute a violation of this chapter.
(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 humane division within 48 hours of vaccination date.
(6) 
Financial responsibility.
a. 
Fosters.
Fosters bear all financial responsibilities toward the care of the pet they intend to adopt.
1. 
If the foster is not able to provide the necessary care then the pet shall be returned to the animal adoption and rescue center.
2. 
No reimbursements for medical expenses will be available.
b. 
Adopters.
Adopters bear all financial responsibilities toward the care of the pet they adopt.
1. 
The adopted animal can be returned within two weeks of adoption and a full refund will be provided.
2. 
If after two weeks the pet can still be returned but no refund will be available.
3. 
Any medical expenses incurred shall be the sole responsibility of the adopter.
c. 
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 3235, § 1, adopted 4/22/2013)
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 pay a fee and accepted as space is available. Priority shall be placed on residents or contract cities surrendering their animals.
(Ordinance 3235, § 1, adopted 4/22/2013)
It shall be a violation of this article to fail to pay all fees due in accordance with this chapter or the humane division fees in Appendix A.
(Ordinance 3235, § 1, adopted 4/22/2013)
Where violations of restraint requirements are observed, any humane officer or as otherwise designated by the city manager 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 humane 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 3235, § 1, adopted 4/22/2013)
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 humane division in writing within seven days of the surgery.
(Ordinance 3235, § 1, adopted 4/22/2013)