§ 8-14. Impoundment and adoption.

(a)

The following animals may be impounded:

(1)

Cats and dogs not exhibiting evidence of vaccination.

(2)

Any animal infected or kept under conditions which could endanger the public or animal health.

(3)

Any animal that creates a nuisance as defined herein.

(4)

Any animal running at large.

(5)

Any animal treated in a manner determined to be a violation of section 42.09 of the state penal code.

(6)

Any animal that has bitten a human being or requires observation for rabies determination, as determined by the local animal control officer.

(7)

Any animal violating any provision of this chapter.

(b)

If any animal is found upon the premises of any person, that person shall have the right to confine such animal in a humane manner until the local animal control officer can impound such animal. When so notified, it shall be the duty of the local animal control officer to have such animal impounded as herein provided.

(c)

Reasonable effort shall be made by a local animal control officer to contact the owner of any impounded animal which is wearing a current vaccination tag; however, final responsibility for location of an impounded animal is that of the owner.

(d)

The owner can regain possession of an impounded animal upon payment of impoundment fees, handling fees and any veterinarian bills incurred by the local animal control officer for the welfare of the animal, and upon compliance with the vaccination provisions of this code, except where prohibited in subsections (e) and (f) of this section.

(e)

Disposition of animals impounded on the grounds of cruel and inhumane treatment shall be determined by the court of jurisdiction.

(f)

If any animal is being held under quarantine, the owner shall not be entitled to possession until release from quarantine.

(g)

The animal control officer shall select and establish a place for impounding all animals impounded under any provisions of this chapter.

(h)

Any animal, except vicious or wild animals, not reclaimed by the owner may be humanely euthanized after being impounded for 72 hours, except that any animal wearing a current vaccination tag shall be impounded for six days prior to its destruction.

(i)

Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the local animal control officer.

(j)

Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.

(k)

Any owner of an impounded animal, other than an ill or injured animal, who no longer wishes responsibility for the animal, may sign a waiver supplied by the local animal control officer allowing the animal to be immediately adopted or euthanized in a humane manner, provided that no dog or cat that has bitten a human being shall be euthanized before the expiration of the ten-day quarantine period. Ill or injured animals shall be the responsibility of the owner.

(l)

Any impounded animal that appears to be suffering from injury or illness may be euthanized or given to a nonprofit humane organization for the purpose of veterinarian medical care, as determined by the local animal control officer.

(m)

If an animal is impounded for a period of 30 days or more, the animal control officer shall have the discretion to reduce the adoption fee to a lower, reasonable fee to facilitate an adoption. Such fees are as provided in the city fee schedule. Any impounded animal not reclaimed by its owner pursuant to the provisions of subsection (h) of this section may be adopted at the discretion of the animal control officer in accordance with resolution 289.

(n)

Any animal adopted through the city animal control facility may be returned for good cause within 30 days from the date of adoption, but the animal adoption fee shall not be refunded.

(Code 1994, art. 2.1400; Ord. No. 389, § 1, 6-13-2005; Ord. No. 479, § 1, 9-14-2009)