(A) The following animals may be impounded:
(1) Cats and dogs not exhibiting evidence of current vaccination;
(2) Any animal infected or kept under conditions which could endanger the public or animal health;
(3) Any animal that creates a nuisance;
(4) Any animal running at large;
(5) Any animal treated in a manner determined by the Supervisor of Animal Control to be cruel or inhumane;
(6) Any animal that has bitten a human being or other animal, or which needs to be placed under observation for rabies determination, as determined by an animal control officer or otherwise as specified in this chapter; or
(7) Any animal violating any provision of this chapter.
(B) If any of the animals named in this chapter are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he or she can notify an animal control officer to come and impound such animal. When so notified, it shall be the duty of an animal control officer or someone acting under his or her authority to have such animal impounded as herein provided.
(C) Reasonable effort shall be made by an animal control officer to contact the owner of any animal impounded; however, final responsibility for location of an impounded animal is that of the owner.
(D) The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinarian bills incurred by the Animal Control for the welfare of the animal, and upon compliance with vaccination provisions and license requirements of this code, except where prohibited by other provisions of this chapter.
(E) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of proper jurisdiction.
(F) If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
(G) The impoundment of dogs and cats that have inflicted human bites shall be for a period of ten days for observation and shall not be terminated until consent from the Local Health Authority is secured or as in accordance with § 94.11;
(H) The place for impoundment of all animals impounded under any provision of this chapter shall be as determined by the City Council of the City of Canton, Texas, or the Animal Control Supervisor.
(I) Any nursing animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering. Notwithstanding anything herein to the contrary, ownership of any animal that meets the definition in this section shall be deemed to be transferred to the City of Canton, Texas upon completion of the impoundment paperwork by the Supervisor of Animal Control or his/her designee.
(J) Any impounded dangerous 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 Supervisor of Animal Control. Notwithstanding anything herein to the contrary, ownership of any animal that meets the definition in this section shall be deemed to be transferred to the City of Canton, Texas upon completion of the impoundment paperwork by the Supervisor of Animal Control or his/her designee.
(K) Any impounded cat or dog not under quarantine may be given up for adoption after 72 hours. Notwithstanding anything herein to the contrary, ownership of any animal that meets the definition in this section shall be deemed to be transferred to the City of Canton, Texas by operation of law upon 72 hours after the animal is impounded.
(L) An owner who no longer wishes responsibility for an animal, or who believes the animal to be in an ill or injured condition, may sign a written waiver supplied by Animal Control allowing the animal to be immediately euthanized in a humane manner, provided that no warm-blooded animal that has bitten a human being shall be euthanized before authorization is obtained from the Local Health Officer. Signature of such waiver shall transfer ownership of the animal to the City of Canton, Texas immediately upon signature of the waiver and acceptance by the Supervisor of Animal Control or his/her designee.
(M) Animals injured on public property may be impounded and given adequate veterinary medical treatment pending notification of the owner. If the injured animal is treated and/or impounded, the owner of such animal shall be liable for all expenses of the treatment and/or impoundment.
(N) As soon as practicable after impoundment of a tagged animal, if the owner of the impounded dog or cat is known, notice by personal service or certified mail shall be given to him or her. Any impounded dog or cat which is tagged in accordance with § 94.10 may be redeemed by the owner upon payment of the impoundment fee, care and feeding charges and such other costs as set by the City Council. If such animal is not redeemed within 72 hours, and after reasonable effort has been made to locate its owner, it shall be considered abandoned, ownership of the animal shall be deemed to have been transferred to the City of Canton, Texas and the animal may be placed for adoption subject to payment of the impoundment fee, care and feeding charges, veterinary charges, and such other costs as set by the City Council; or the animal may be humanely euthanized in accordance with state requirements and those of the City Animal Shelter.
(O) As soon as practicable after impoundment of an unlicensed animal, if the owner of the impounded animal is known, notice by personal service or certified mail shall be given to him or her. Any impounded animal, except a vicious or wild animal, may be redeemed upon payment of all fees including care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the City Council. If such animal is not redeemed within 72 hours, it shall be deemed abandoned, ownership of the animal shall be deemed to have been transferred to the City of Canton, Texas and the animal may be placed for adoption subject to payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs set by the City Council, or said animal may be humanely euthanized in accordance with state requirements and those of the City Animal Shelter. If any impounded animal appears to be either seriously ill or injured in such a manner as to render treatment impractical, ownership of the animal shall be transferred to the City of Canton, Texas immediately effective upon completion of paperwork by the Animal Control staff, and the animal may be humanely euthanized before the end of the 72 hour waiting period to end its suffering; or, the animal may be given to a non-profit humane organization for the purposes of treatment.
(P) If a complaint has been filed in Municipal Court in the City of Canton against the owner of an impounded animal for violation of this chapter, the animal shall not be released except on the order of the Court, which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. The Court may, upon making a finding that such animal is vicious or that it represents a clear and present danger or nuisance to the citizens or other animals in the community, order said animal to be euthanized in a humane manner. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the Court, nor to the fees and fines which may result from a violation or violations of this chapter.
(Q) Treatment of impounded animals.
(1) A person who impounds or causes the impoundment of an animal under state law or municipal ordinance shall supply the animal with sufficient wholesome food and water during its confinement.
(2) If an impounded animal continues to be without necessary food and water for more than 12 successive hours, any person may enter the pound or corral as often as necessary to supply the animal with necessary food and water. That person may recover the reasonable cost of the food and water from the owner of the animal. The animal is not exempt from levy and sale on execution of a judgment issued to recover those costs.
(Ord. 2016-21, passed 10-18-2016; Ord. 2019-18, passed 10-15-2019) Penalty, see §
10.99