The text
Sec. 14-141. - Impoundment generally.#
(a)
Animals owned or harbored in violation of this shapter or law of the State of Texas or those safekeeping or humane situations provided herein this act, shall be taken into custody by an animal control officer or other designated official and impounded under the chapter.
(b)
Owners of impounded pets are required to pay all fees related to the impoundment as set forth in the fee schedule found in Appendix B of this Code.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2024-08, § 5, 3-12-24)
Sec. 14-142. - Tampering with animal shelter or impoundment vehicle.#
It shall be unlawful for any person in the city without proper authority to break into, open, pull down the enclosure of or make any opening into the animal shelter or any enclosure belonging to or used by the city to impound or keep animals. It shall also be unlawful for any person to turn out or release, or cause to be turned out or released, or aid or abet the turning out or release of any animal from the animal shelter, from an impoundment vehicle or from any enclosure used by the city for the impoundment of animals.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-143. - Redemption of impounded animal.#
(a)
Except as may be provided elsewhere in this chapter, the owner of any animal impounded in accordance with this chapter may reclaim, on any workday, such animal upon showing satisfactory proof of ownership and paying all impoundment fees and any other expenses incurred by the city or its agent in keeping the animal or attempting to locate the owner of the animal. If the owner does not pay such fees, or some alternate fee satisfaction as provided for in the fee schedule found in Appendix B of this Code, the animal may be sold or otherwise disposed of by the city or its agent.
(b)
If a dog or cat has been impounded on two prior occasions, the dog or cat must be spayed or neutered before being released to the owner if impounded on a third occasion. The owner of the dog or cat will be responsible for arranging for the spay or neuter surgery. The dog or cat will be transported to the veterinarian by an animal control officer or an employee or agent of the animal shelter. The cost to spay or neuter the dog or cat shall be paid by the owner, along with the impoundment fees, either to the animal shelter or to the veterinarian in advance of transporting the animal for the surgery. After the surgery is performed, the veterinarian may release the dog or cat to the owner.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2024-08, § 5, 3-12-24)
Sec. 14-144. - Disposition of dogs and cats.#
(a)
Dogs and cats with no identification. All dogs and cats impounded by the animal control officer or brought to the animal shelter by a person, other than the harborer or owner of that animal shall be held for a minimum of 72 hours during which time period the owner may present proof of ownership at the shelter. After paying all applicable fees, including any costs for veterinary care administered to the dog/cat while in impoundment, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after 72 hours in the shelter, the dog/cat shall become the property of the city.
(b)
Dogs and cats with identification. Unless earlier claimed by the owner, all dogs and cats impounded by the animal control officer, or brought to the animal shelter by a person other than the harborer or owner of that animal, that are wearing traceable identification, or where an owner is known, shall be held in the shelter for a minimum of seven complete days from the time the animal enters the facility, during which time the animal control officer will notify the owner, when known, of the impoundment. Unless the owner has notified the animal control officer in writing of his/her 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, including any costs for veterinary care administered to the dog/cat while in impoundment, and this arrangement has been approved by the animal control supervisor, the animal shall become the property of the city on the eighth day.
(c)
Animals surrendered by the owner/harborer. All animals surrendered by the owner/harborer to the animal control officer shall become the property of the city immediately upon completion of the owner/harborer surrender form.
(d)
Animals other than dogs, cats or estrays impounded. All animals other than dogs, cats, estrays or animals, holding current restricted animal permits, that are impounded by the animal control officer or brought to the animal shelter 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. Any animal that cannot be adopted or transferred to a proper and appropriate agency shall be euthanized by an injection of substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered in compliance with policy and the laws of the state. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-145. - Adoption of animals.#
(a)
All animals which are adopted from the animal shelter shall be surgically altered to prevent reproduction in that animal. If the animal has not been altered before it leaves the animal shelter, the person adopting the animal shall sign an adoption contract stating that he/she will have the animal surgically altered and the date by which the surgery must be performed (generally dogs and cats should be altered after reaching six months of age).
(b)
It shall be the responsibility of the person adopting to provide proof of altering to the animal control officer.
(c)
Failure to comply with this section or failure to comply with the terms of the adoption contract shall give the animal control officer the right to recover the adopted animal in question and revoke the owner's adoption contract. Such failure shall also constitute a violation of this chapter.
(d)
The adoption fee shall be set herein at $62.00 and may be increased or decreased as needed by policy, to render and keep neutral the cost of surgically altering, medicating, vaccinating and preparing the animal for adoption. In lieu of such adoption fees, an agreement may be reached with approved veterinarians for direct payments of surgery and associated costs. The person adopting the animal shall be provided a list of fees related to the adoption prior to the agreement being signed.
(e)
This section's requirements of altering and adoption fee shall not apply where cooperative agreements between the animal control division and an animal welfare group are made for the placement with such groups of animals subject to adoption. Likewise, this section's requirements shall not apply to animal transfers made under cooperative agreements between the animal control division and other governmental entities.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-146. - Estray and other livestock.#
(a)
It is unlawful for any owner or person in control of any horse, mule, jack, jennet, cattle, hog, goat or sheep (estray) to permit any such animal to run at large on land not his own or under his control, or on any street, alley or other public place in the city.
(b)
It is unlawful for the owner or person in control of any chicken or other fowl to permit the same to run at large on any land not his own or under his control, or on any street, alley or other public place in the city.
(c)
It is unlawful and constitutes a nuisance for the owner or any person in charge or control of any pigeons in the city, or the owner or any person in charge or control of any out building or barn in the city upon which pigeons nest, to allow such pigeons to run or fly at large in the city.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-147. - Impoundment of estray and livestock.#
The animal control authority, upon receipt of a report or upon discovery of an estray, within the city, shall as soon as possible, notify the sheriff of the county and report the presence of the animal and the location where the animal can be found. If circumstance permits, the animal control officer shall refer the matter in its entirety to the sheriff. If circumstance does not permit or the sheriff seeks the assistance of the animal control authority, the animal control officer may cause the impoundment of any and all estray and other livestock that may be found in and upon any street, alley or upon any unenclosed lot in the city, or otherwise to be found at large, and to confine such estray or other livestock for safe keeping. Upon impounding, the animal control officer shall prepare a file to be located in the animal control division offices. Each entry shall include the following: (1)
The name and address of the person who notified the animal control officer of the estray or other livestock;
(2)
The date, time and location of the estray or other livestock when found;
(3)
The location of the estray or other livestock until disposition; and
(4)
A description of the animal including its breed, color, sex, age, size, all markings of any kind and other identifying characteristics.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-148. - Advertisement of impounded estray and livestock.#
When an estray or other livestock has been impounded by the animal control authority, the animal control officer shall make a diligent search of the register of recorded brands in the county for the owner of the estray or other livestock. If the search does not reveal the owner, the animal control officer shall advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the next 15 days following impoundment and post a notice of the impoundment of the estray or other livestock on the public notice board of city hall.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-149. - Recovery by owner.#
The owner of an estray or other livestock may recover possession of the animal at any time before the animal is sold under the terms of this chapter if: (1)
The owner has provided the animal control officer with an affidavit of ownership of the estray or other livestock containing at least the following information.
a.
The name and address of the owner,
b.
The date the owner discovered that the animal was missing,
c.
The property from which the animal strayed,
d.
A description of the animal including its breed, color, sex, size, all markings of any kind and any other identifying characteristics;
(2)
The animal control officer has approved the affidavit; and
(3)
The owner has paid all handling fees to those entitled to receive them.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-150. - Sale of estray and livestock.#
If the ownership of an estray or other livestock is not determined within 14 days following the final advertisement required by this chapter, ownership of the estray or other livestock rests with the city and the animal control officer shall then cause the estray or other livestock to be sold at a public auction. If there are not any bidders, ownership is forfeited to the city. (1)
Title shall be deemed vested in the animal control officer for purposes of passing a good title, free and clear of all claims to the purchaser at the sale.
(2)
The disposition of the proceeds derived from the sale at public auction will be as follows:
a.
Pay all handling fees to those entitled to receive them;
b.
Execute a report of sale of impounded stock;
c.
The net proceeds remaining from the sale of the estray or other livestock after the handling fees have been paid shall be delivered by the animal control officer to the city secretary. Such net proceeds shall be subject to claim by the original owner of the estray or other livestock as provided herein;
d.
If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-151. - Recovery by owner of sale proceeds.#
(a)
Within 12 months after the sale of an estray or other livestock under the provisions of this chapter the original owner of the estray may recover the net proceeds of the sale that were delivered to the city secretary if:
(1)
The owner has provided the animal control officer with an affidavit of ownership; and
(2)
The animal control officer has accepted the affidavit of ownership.
(b)
After the expiration of 12 months from the sale of an estray or other livestock as provided by this, the sale proceeds shall escheat to the city. If an animal was forfeited to the city due to no bidders at auction, then city is not to be liable to owner for any proceeds of sale, since no proceeds were received.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-152. - Use of estray and livestock.#
During the period of time an estray or other livestock is held by one who impounded the estray or other livestock, it may not be used by any person for any purpose.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-153. - Death or escape of estray and livestock.#
If the estray or other livestock dies or escapes while held by the person who impounded it, the person shall report the death or escape to the animal control officer. The report shall be filed in the record regarding the impoundment.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)