(A) 
Animals at-large may be captured by animal services personnel, or other designated employees of the city if animal services personnel are not available, impounded in an animal shelter, and there confined in a reasonably humane manner with necessary food and shelter.
(1) 
An ear tipped cat received at the shelter may be returned to the location where trapped unless veterinary care is required. A trapped ear tipped cat may be released on site unless veterinary care is required.
(B) 
Immediately upon intake, animal services personnel are authorized to provide each appropriately aged impounded animal with core immunizations as defined by the Association of Shelter Veterinarian guidelines. These vaccinations may either be administered by a licensed veterinarian employed or contracted by the city or animal services personnel who is familiar with the common infectious diseases affecting dogs and cats of Bell County, along with any other necessary treatment the veterinarian, or animal services personnel after consultation with a veterinarian, determines is appropriate for the care and well-being of the animal, or to prevent animals currently housed at the shelter from becoming exposed to an infectious disease.
(C) 
If an impounded animal bears a tag, microchip or other identification, the Shelter Manager shall make a reasonable effort to notify the owner. Notice under this section is complete upon the earlier of:
(1) 
Verbal notification to the owner, if the owner can be reached in person or by telephone;
(2) 
Written notification affixed to the front door of the owner's last known address; or
(3) 
Written notification mailed to the owner's last known address, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service.
(D) 
Unless otherwise required by law, an impounded animal shall be released to its owner during regular hours of operation upon payment of the appropriate fees and upon proof of ownership.
(1) 
Acceptable proof of ownership may consist of a microchip or tag indicating ownership of the animal, a receipt for purchase or adoption of the animal, records from a veterinarian showing vaccinations administered within the previous 12 months, receipts for payment to a veterinarian or commercial pet service facility for services rendered to the animal, and photographic or videographic records showing the animal and individual asserting ownership at home or in other environments.
(2) 
Impounded dogs and cats for which the owner cannot show proof of current vaccination will be released only if and when the owner signs an agreement to show proof of same within 72 hours. Failure to show proof of vaccination within the 72-hour period will constitute a violation of this chapter.
(3) 
Community cat caregivers are empowered to reclaim impounded ear tipped community cats without proof of ownership solely for the purpose of carrying out Trap-Neuter-Return and/or returning ear tipped community cats to their original locations.
(E) 
If the animal is not reclaimed by the owner, then before the animal is released for adoption, humane destruction, or other disposition, the Shelter Manager or an entity contracting with the city to operate an animal shelter shall keep an impounded animal:
(1) 
At least three days (72 hours) after notification to the owner, not counting the date of notice, if such notice is required under division (C); or
(2) 
At least three days, not counting the day of impoundment, in all other cases.
(F) 
Any animal surrendered by the owner, or not reclaimed by the owner within the time provided in division (E), shall be deemed abandoned, and shall thereafter be the sole property of the city, and the owner divested of all right, title and interest in and to such animal. The animal shall then be subject to adoption, placement, transfer, humane destruction, or other disposition at the discretion of the Shelter Manager.
(Ord. 92-08, 4-23-1992; Ord. 2011-30, 9-13-2011; Ord. 2014-30, 11-18-2014; Ord. 2018-05, 1-9-2018; Ord. 2019-36, 10-22-2019; Ord. 2021-38, 8-24-2021)
(A) 
Impoundment fees shall be set in the City Council’s budget ordinance.
(B) 
Classification:
(1) 
Class A.
Each dog or cat or juvenile of same.
(2) 
Class B.
Goat, sheep, lamb, pig, sow, shoat, and animals of the same approximate size and weight.
(3) 
Class C.
Cattle, horses, ponies, mules, foals, calves, and animals of the same approximate size and weight.
(4) 
Class D.
Exotic or wild animals.
(5) 
Class E.
Birds and fowl.
(C) 
A daily handling fee after the first day shall be charged for every day or fraction thereof that an animal is at the center. The fee shall be based upon the class of animal enumerated in division (B) of this section.
(Ord. 92-08, 4-23-1992)
(A) 
The decision to place an animal for adoption is in the sole discretion of the Shelter Manager. No person seeking to adopt an animal shall be discriminated against on the basis of race, sex, religion, or national origin. No person convicted of the offense of animal cruelty shall be permitted to adopt an animal from an animal shelter.
(B) 
An impounded domestic animal or fowl may be given without fee to a nonprofit animal shelter, pound, organization, or society for the protection of animals, for the purpose of domestic adoption, providing that all other sections of this chapter, or any other ordinances or applicable laws are met.
(C) 
Dogs or cats may not be released for adoption unless the animal has been vaccinated against rabies and sterilized or the new owner signs an agreement to have the animal sterilized, as follows:
(1) 
Animals must be vaccinated against rabies by an licensed veterinarian within seven days of adoption.
(2) 
Animals must be sterilized by a licensed veterinarian within 30 days of adoption in the case of an adult animal, or within 30 days after the estimated date the animal will become eight months old in the case of an infant animal. The Shelter Manager may extend the deadline for sterilization by 30 days, on presentation of a written report from a licensed veterinarian, stating that the life or health of the animal may be jeopardized by surgery. There is no limit on the number of extensions which may be granted.
(3) 
If a deadline specified in the adoption agreement falls on a Saturday, Sunday, or legal holiday, the deadline is extended to noon on the next day that is not a Saturday, Sunday, or legal holiday.
(4) 
Except as hereafter provided, each new owner who signs an agreement must deliver to the Shelter Manager a letter signed by a licensed veterinarian that briefly describes the animal, states that the animal has been sterilized or vaccinated, as applicable, and provides the date on which the animal was sterilized or vaccinated. The letter must be delivered to the Shelter Manager in person or by mail within seven days of the date of the procedure described in the letter.
(a) 
If the adopted animal dies before being sterilized or vaccinated, then, in lieu of the confirmation letter described above, the new owner shall deliver to the Director of Animal Control a signed letter stating that the animal is dead and, if known, provide the date and circumstances of its death. The letter must be delivered in person or by mail within seven days of the animal’s death.
(b) 
If the adopted animal is lost or stolen before being sterilized or vaccinated, then, in lieu of the confirmation letter described above, the new owner shall deliver to the Shelter Manager a signed letter, stating the animal is lost or stolen and, if known, provide the date and circumstances of the animal’s disappearance. The letter must be delivered in person or by mail within seven days of the animal’s disappearance.
(5) 
If the Shelter Manager does not receive a letter meeting the requirements of § 90.62(C)(4) within the seventh day after the due date specified in the adoption agreement, he shall cause a complaint to be filed against the new owner, and there shall be a rebuttable presumption that the owner’s failure to timely deliver the required letter is the result of the owner’s refusal to have the animal vaccinated or sterilized, as applicable.
(6) 
If the Shelter Manager does not receive a letter meeting the requirements of § 90.62(C)(4) within the seventh day after the due date specified in the adoption agreement, he may promptly reclaim the animal from the new owner. A person may not prevent, obstruct, or interfere with a reclamation under this subsection.
(D) 
A new owner who violates § 90.62(C) commits an offense.
(Ord. 92-08, 4-23-1992; Ord. 93-05, 4-8-1993; Ord. 99-11, 5-25-1999; Ord. 2008-10, 4-8-2008; Ord. 2011-30, 9-13-2011; Ord. 2014-30, 11-18-2014; Ord. 2019-36, 10-22-2019)
(A) 
Notice.
All notices of public sale of live-stock by the Animal Services Division shall be posted in the city’s normal public notice location.
(B) 
Contents of notice.
All notices for the sale of impounded livestock shall state the following:
(1) 
When such animals are to be sold;
(2) 
Where such animals are to be sold;
(3) 
Full description of the animals; and
(4) 
Statement of charges and cost.
(C) 
Illegally removing animals from impoundment.
It shall be unlawful for any person to take or attempt to take any animal out of city impoundment or release the same therefrom without the permission of the Animal Services Division.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
A person having knowledge of an animal bite or scratch to an individual that a reasonable person could reasonably foresee as capable of transmitting rabies, or knowledge of an animal that is reasonably suspected to be rabid, shall report such knowledge immediately to the Shelter Manager or the Police Department.
(B) 
The owner of an animal that is reported to be rabid, or to have exposed an individual to a risk of contracting rabies, shall submit the animal to an Animal Services Officer or a licensed veterinarian to be quarantined until such time as it can be definitely determined whether such animal is infected with rabies, but in no case less than ten days from the day of impound.
(C) 
It is an offense under this chapter for a person to refuse to submit for quarantine any animal reasonably suspected of being rabid. It is also an offense to knowingly sell, release or otherwise dispose of an animal before the expiration of the quarantine period if the animal is reasonably suspected of being rabid.
(D) 
An animal that is lacking proof of current vaccination for rabies at the time it bites a person is presumed to be under suspicion of rabies.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
Animals suspected of being rabid shall be quarantined with a licensed veterinarian at the expense of the owner, or, at the discretion of the Animal Services Officer, the animal may be quarantined on the property of the owner. If it is determined by a veterinarian that a quarantined animal shows the clinical signs of the disease of rabies, the veterinarian shall humanely destroy the animal. If an animal dies or is destroyed while in quarantine, the veterinarian shall remove the head or brain of the animal at the owner’s expense and submit it to the Texas Department of Health for testing.
(B) 
Any animal that is required to but does not have current vaccination shall be vaccinated by the attending veterinarian at the conclusion of the quarantine period.
(C) 
The owner of the quarantined animal shall pay all fees incident to the quarantine prior to release of the animal from quarantine by the veterinarian, except that if a vaccinated and licensed animal bites or scratches a person who is trespassing, and the animal is properly confined and restrained on the premises of the owner, the trespassing person so bitten or scratched by the animal shall be liable, in advance, for all fees incident to the veterinary examination and quarantine, if the person so bitten or scratched demands quarantine. Otherwise, no quarantine is required unless ordered by an Animal Services Officer, in which case the animal shall be quarantined at the animal shelter at no expense to the owner.
(D) 
In the event the owner of a dog or cat suspected to have rabies is unknown, the dog or cat shall be considered a stray, and it shall be quarantined at the city shelter. Should a person subsequently appear to claim the dog or cat, that person shall be considered the owner and shall be liable for all fees incident to the quarantine. If all fees are not paid within three days following the quarantine period, the dog or cat may be sold or destroyed by the Shelter Manager.
(E) 
Any animal suspected of being infected with rabies may be destroyed immediately upon recommendation of a licensed veterinarian.
(F) 
Whenever any animal bites any other animal, all regulations and requirements herein described shall apply to both the inflictor of the bite and the animal bitten. Should any animal be bitten by an animal determined to have rabies, then the bitten animal shall be handled by one of the following methods:
(1) 
If the owner does not show proof of current vaccination, the animal shall be quarantined for a minimum period of 180 days immediately following the date of exposure, at the owner’s expense, at a veterinary hospital, the city shelter or a reputable boarding kennel, with the animal being examined and vaccinated against rabies 30 days before the end of the 180-day quarantine period by a licensed veterinarian, unless the owner of the animal gives written consent to destroy it; or
(2) 
If the owner shows proof of current vaccination, the type and length of quarantine shall be determined by a veterinarian in consultation with the veterinarian who has been attending the animal, but not to exceed six months, at the owner’s expense; or
(3) 
An Animal Services Officer may make the final decision to order that the animal be humanely destroyed.
(G) 
Should any owner refuse to comply with the provisions of this section, the municipal judge may issue an order to any Animal Services Officer or police officer directing that the animal be confined in the city animal shelter for a period of ten days for observation for rabies. The expense of the confinement shall be paid by the owner, except as set forth in division (C) of this section. The order may be issued by the municipal judge only on a finding of probable cause, based on the affidavit of a credible person, showing that the biting or scratching took place and that the dog or other animal in question was the dog or other animal responsible.
(H) 
Any dog or other animal kept, maintained, or harbored within the city, which has bitten, scratched, or otherwise attacked any person is hereby declared to be a nuisance.
(I) 
Any animal determined to have bitten or scratched someone must be taken, at the owner’s expense, except as set forth in division (C) of this section, to a veterinarian to be examined both at the time of the bite and at the end of the quarantine period. This applies to vaccinated as well as unvaccinated animals, as per the Texas Department of Health.
(Ord. 92-08, 4-23-1992; Ord. 2011-30, 9-13-2011; Ord. 2014-30, 11-18-2014)
(A) 
If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the animal shall be released to its owner following the quarantine period if:
(1) 
The owner has an unexpired rabies vaccination certificate for the animal; or
(2) 
The animal is vaccinated against rabies by a licensed veterinarian at the owner’s expense at the time of release. The owner’s failure to accomplish the required vaccination shall result in the owner being issued a citation.
(B) 
The owner of an animal that is quarantined under suspicion of rabies or a trespasser as set forth in § 90.65(C) of this subchapter shall pay to the city the reasonable costs of the quarantine and disposition of the animal, and the city may bring suit to collect such costs.
(C) 
Animals that are not claimed on or before the third day following the quarantine period may be adopted or may be humanely destroyed.
(Ord. 92-08, 4-23-1992)
It shall be unlawful for any person to tamper with, destroy, damage, spring, or cause to malfunction any trap set by the Animal Services Division or any of its agents, or to release any dog or cat from any such trap.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014)
(A) 
In the event of actual and immediate danger of bodily injury to any person because of an animal's vicious nature or actions, or in the event an animal which constitutes a threat to the health of people or other animals is about to elude capture, then, provided that other reasonable alternatives for eliminating the threat have been exhausted, the animal may be humanely destroyed by the use of any reasonable means without liability of any nature from the owner for the death of the animal.
(B) 
An animal that has been severely injured may be destroyed in a humane manner by the Animal Service Division personnel or a police officer, if the animal is suffering and is not expected to survive.
(C) 
An animal that exhibits symptoms of mange, distemper, parvo, or other communicable diseases may be destroyed in a humane manner by Animal Service Division personnel or a police officer. Animals suspected of having a communicable disease shall not be confined with healthy animals in an animal shelter.
(D) 
If an injured or diseased animal in the custody of an animal shelter or animal services personnel bears a microchip, vaccination tag or other identification, the custodian shall make a reasonable effort to notify the owner if such effort does not cause the animal unnecessary suffering or otherwise pose an unreasonable risk to other animals, persons or property. Once notified, if the owner proceeds immediately to the location of the injured animal, it shall be released to the owner. Animals not bearing any type of identification, or who in the event of further delay would be subject to unnecessary suffering or pose an unreasonable risk to other animals, persons or property, may be destroyed immediately by Animal Service Division personnel or a police officer.
(E) 
The city shall not be responsible for obtaining veterinary services for a diseased or injured animal. In the event a humane society obtains veterinary services for a diseased or injured animal, the person who subsequently claims ownership of the animal shall be liable for all expenses of treatment. A person or entity that obtains veterinary services for an animal may bring suit against the animal's owner to collect expenses of treatment.
(F) 
The city, its officers, agents, and employees shall not be liable for any damages for the destruction of any animal accomplished in accordance with this chapter.
(Ord. 92-08, 4-23-1992; Ord. 2014-30, 11-18-2014; Ord. 2019-36, 10-22-2019)