(A) A pet owner that has violated this chapter three or more times and/or surrendered two or more litters from offspring of their unaltered pets within a period of two years shall be considered an irresponsible pet owner and shall be penalized in one or more of the following ways:
(1) The owner shall be ordered to spay/neuter all animals under their care within 14 days of being deemed an irresponsible pet owner, and any animals owned, kept, or harbored from the date of declaration forward;
(2) The city may, in addition to the requirement of § 91.037 require that the animal be spayed or neutered prior to the release of the animal to the owner, if the animal(s) is being held at the animal shelter; and
(3) The Animal Services Division shall have authority to have the animal spayed or neutered under the auspices of the Cleburne Animal Shelter and the fees for the procedure will be assessed to the owner and required to be paid prior to the release of the animal to the owner; and/or
(5) A subsequent violation of the City of Cleburne Code of Ordinances Ch. 91 and/or failure to comply with § 91.019 will result in a fine of $1,000 per offense;
(6) Upon the third violation of Ch. 91 and/or § 91.019, the owner shall be fined $2,000 per offense and the court may order the Animal Services Division to seize the animals and shall issue a warrant authorizing the seizure. The Animal Services Division shall seize the animal(s) and provide for the impoundment of the animal(s) in secure and humane conditions until the court orders the disposition of the animal(s). Any such impoundment shall comply with the provisions of § 91.037. The owner shall pay any cost incurred in seizing the animal including court ordered penalties and fines.
(B) It is prohibited and shall be unlawful for any person who has had animals seized for violations of an Irresponsible Pet Owner order, where a ruling was made in a court of law that upheld the determination by the animal control authority, to own, harbor, possess, have custody and control over, or provide a premise to which an animal returns for food, shelter, or care within the corporate city limits of Cleburne.
(C) An animal services officer, police officer, city or county prosecutor, or private person may submit a written complaint to the Animal Services Division for a declaration that a person is an irresponsible pet owner and that he or she be penalized as provided herein.
(1) Upon receipt of written complaint the Animal Services Division will conduct an Irresponsible Pet Owner investigation. If, after receiving the sworn statements of any witnesses, the animal services manager determines that the owner is an irresponsible pet owner, the animal services manager shall notify the owner in writing of that determination.
(2) An owner, not later than the tenth day after the date the owner is notified that they have been deemed an irresponsible pet owner, may make a written appeal of the determination of the animal services manager to the municipal court of the city.
(D) At the appeal hearing, the court may admit into evidence all relevant evidence, including but not limited to prior convictions, incident reports and written complaints of witnesses. The court may find, upon a preponderance of the evidence, that the owner is an irresponsible pet owner and, upon such finding, shall impose the penalty or penalties provided in division (A) hereof. If the court finds that the owner is not an irresponsible pet owner, no penalties shall be imposed.
(E) Pets surrendered or impounded pursuant to this chapter shall be adopted or transferred-out if possible, or else shall be euthanized. Any such impoundment shall comply with the provisions of § 91.037.
(F) Surrender of an animal(s) by any method specified herein does not relieve the irresponsible pet owner of liability for violations and any accrued charges.
(G) A violation of a court order made under division (D) hereof shall be punishable as a contempt of court in addition to any other penalties under this or any other law. The court may order the Animal Services Division to seize the animals and shall issue a warrant authorizing the seizure. The Animal Services Division shall seize the animal(s) and provide for the impoundment of the animal(s) in secure and humane conditions until the court orders the disposition of the animal(s). Any such impoundment shall comply with the provisions of § 91.037. The owner shall pay any cost incurred in seizing the animal including court ordered penalties and fines.
(H) An owner may appeal the decision of the municipal court in the manner described by law for all other appeals from municipal court.
(I) The provisions hereof shall be in addition to any other civil, criminal or administrative laws, regulations or causes of action against the owner of the pet or any other person, firm, corporation or governmental entity or employee.
(Ord. 09-2016-47, passed 9-27-16; Am. Ord. 07-2021-32, passed 7-13-21)