There shall be erected and maintained, under the supervision of the environmental health department, a suitable building and kennel for the confinement of all dogs and cats found running at large in violation of the provisions of this article. Such building and kennel shall be kept in a sanitary condition and all dogs and cats taken up and impounded therein shall be promptly watered and fed while confined in such building or kennel or kennels.
(Code 1973, § 5-33; Code 1997, § 90.28; Ordinance 57-15, adopted 9/18/1957; Ordinance 76-32, adopted 7/27/1976; Ordinance 99-36, adopted 6/2/1999; Ordinance 99-49, adopted 8/4/1999; Ordinance 04-28, adopted 4/21/2004)
The city shall have authority to impound the following:
(1) 
Any dog running at large within the city.
(2) 
Any animal reported under section 6-202.
(3) 
Any animal being a nuisance as hereinabove defined.
(Code 1973, § 5-36; Code 1997, § 90.31; Ordinance 57-15, adopted 9/18/1957; Ordinance 66-32, adopted 9/21/1966; Ordinance 76-32, adopted 7/27/1976; Ordinance 99-36, adopted 6/2/1999; Ordinance 99-49, adopted 8/4/1999; Ordinance 04-28, adopted 4/21/2004)
(a) 
For the purpose of discharging the duties of impounding a dog or cat as provided for in this section, whenever an animal bites a person, the keeper of such animal or any person observing the incident shall immediately report the incident to the animal control department or police department of the city.
(b) 
For the purpose of discharging the duties of impounding a dog or cat as provided for in this section, whenever any person, including the keeper of any animal, has good reason to believe that any animal, by observation, is a rabid animal, such person or keeper shall immediately report such condition to the animal control department or police department.
(c) 
Upon receiving any report as report as provided for in subsections (a) and (b) of this section, or upon learning of the existence of any conditions or the occurrence of any incidents as provided for in subsections (a) and (b) of this section, any authorized agent of the environmental health department, or animal control department, or the police department, shall be authorized to and shall forthwith proceed with the impounding of such animal so reported upon or learned of.
(d) 
For the purpose of discharging the duties of impounding a dog or cat as provided for in this section, any police officer, or authorized agent is empowered to impound an animal; (a) Running loose (b) Not leashed or confined as required by the Harlingen Code of Ordinances.
(e) 
As to any animal described by this section lawfully confined or restrained on private property, animal control should first request the voluntary surrender of the animal but in the event that voluntary surrender is not provided by the owner, obtain a court order.
(Code 1973, § 5-37; Code 1997, § 90.32; Ordinance 57-15, adopted 9/18/1957; Ordinance 66-32, adopted 9/21/1966; Ordinance 76-32, adopted 7/27/1976; Ordinance 04-28, adopted 4/21/2004; Ordinance 16-13, § 1, adopted 2/3/2016; Ordinance 2022-05, § I, adopted 2/2/2022; Ordinance 2023-10, § I, adopted 4/5/2023)
(a) 
Upon any dog or cat being impounded by the city as provided for in this division, it shall be the duty of the environmental health department to notify the keeper of the dog or cat of such impounding. The determination of the identity of such keeper shall be made by reference to the registration certificate of such dog or cat in the further event any person reports to the environmental health department of the purported owner of such animal, it shall be the duty of the environmental health department to notify such reported owner of such impounding.
(b) 
In the event any dog or other animal is impounded for running at large and it is determined that such dog or other animal is not rabid or vicious, such dog or other animal shall be maintained at the city pound for a minimum period of three days. If such animal should, during such period, be claimed by the properly identified keeper of such dog or other animal, such dog or other animal shall be released to such keeper on the payment by such keeper of an impounding fee in the amount of a per diem maintenance charge in the current amount collected at the city humane society for each day for which the dog or other animal was impounded, and upon such dog or other animal being properly licensed by the keeper thereof as provided for herein. If such dog or other animal is not claimed before the expiration of the aforesaid maximum retaining period, such dog or other animal shall be disposed of by the environmental health department as herein provided for.
(c) 
Any animal impounded for having bitten a person, another dog, or any other animal, or is suspected of being rabid or vicious as provided for in section 6-202, shall be detained by the environmental health department for a period of ten days to determine the existence or nonexistence of rabies. In the event it is determined that such animal is rabid, the same shall be forthwith disposed of by the environmental health department. In the event it is determined that such animal is not rabid, disposition of such animal shall be as provided for in subsection (b) or (f) of this section.
(d) 
The impounding and/or redemption of any dog or cat, as herein provided for, shall have no bearing on the prohibitions, violations, or convictions thereon, as provided for in this article.
(e) 
If the owner of an impounded animal desires that said animal be impounded at the private hospital of a licensed veterinarian which has facilities suitable for such impoundment, the owner may request removal of the impounded animal to said hospital with said veterinarian supervising said removal and impounding at his hospital facility for the time limits as set forth hereinabove, all at the animal owner's expense.
(f) 
If such dog appears to be a vicious animal as defined in section 6-117, a hearing shall be held before the judge of the municipal court wherein evidence shall be presented by the city prosecutor that such dog meets the definition of a vicious animal. If the judge of the municipal court finds that the dog meets the definition of a vicious animal, the judge of the municipal court shall order the owner of such vicious dog to purchase and maintain a general liability insurance policy in the amount of not less than $100,000.00 for the length of time corresponding with the ownership of such vicious dog; or the judge of the municipal court shall order the immediate destruction of such vicious dog. No appeal shall be taken from the decision of the judge of the municipal court as such decision is final.
(Code 1973, § 5-39; Code 1997, § 90.34; Ordinance 57-15, adopted 9/18/1957; Ordinance 77-10, adopted 3/2/1977; Ordinance 81-57, adopted 7/15/1981; Ordinance 83-33, adopted 4/20/1983; Ordinance 99-36, adopted 6/2/1999; Ordinance 99-49, adopted 8/4/1999; Ordinance 04-28, adopted 4/21/2004; Ordinance 2023-10, § I, adopted 4/5/2023)
(a) 
Upon any dog or cat being impounded by the city as provided for in this division, it shall be the duty of the environmental health department to notify the keeper of the dog or cat of such impounding. The determination of the identity of such keeper shall be made by reference to the registration certificate of such dog or cat in the further event any person reports to the environmental health department of the purported owner of such animal, it shall be the duty of the environmental health department to notify such reported owner of such impounding.
(b) 
In the event any dog or other animal is impounded for running at large and it is determined that such dog or other animal is not rabid or vicious, such dog or other animal shall be maintained at the city pound for a minimum period of three days. If such animal should, during such period, be claimed by the properly identified keeper of such dog or other animal, such dog or other animal shall be released to such keeper on the payment by such keeper of an impounding fee in the amount of a per diem maintenance charge in the current amount collected at the city humane society for each day for which the dog or other animal was impounded. Should any such impounded dog or other animal fail to bear a identification as provided for in this article, before it shall be released to its keeper; provided, further, that if such dog or other animal is not claimed before the expiration of the aforesaid maximum retaining period, such dog or other animal shall be disposed of by the environmental health department as herein provided for.
(c) 
If any police officer or animal control officer of the city has probable cause to believe that a dog has been involved in a dogfight in violation of V.T.C.A. Texas Penal Code § 42.10, said dog shall be impounded in the city animal shelter.
(Code 1973, § 5-40; Code 1997, § 90.35; Ordinance 57-15, adopted 9/18/1957; Ordinance 76-32, adopted 7/27/1976; Ordinance 80-48, adopted 5/7/1980; Ordinance 88-3, adopted 1/5/1988; Ordinance 99-36, adopted 6/2/1999; Ordinance 99-49, adopted 8/4/1999; Ordinance 04-28, adopted 4/21/2004; Ordinance 2022-05, § I, adopted 2/2/2022; Ordinance 2023-10, § I, adopted 4/5/2023)
At the expiration of any required impoundment period or holding period for a dog or any other animal set out in this chapter 6, the owner or keeper of said dog or other animal shall be divested of title and ownership and title and full ownership of the dog or any other animal shall vest in the city thereby establishing clear title and ownership in the city prior to destruction, adoption, rescue, or any other means of disposal of a dog or any other animal.
(Ordinance 2016-54, § I, adopted 11/21/2016)