§ 90.180  IMPOUNDMENT.
   (A)   Reasons for impoundment.
      (1)   Any animal found in violation of this chapter, any other ordinance of the city, or any law, rule or regulation of the state or the United States may be impounded and taken to the city's animal control facility.
      (2)   Any animal found being kept under conditions which could endanger the life or health of a person or animal, such as a rabid animal may be impounded and taken to the city's animal control facility.
      (3)   Any animal found abandoned within an enclosure in the city may be impounded and taken to the city's animal control facility 48-hours after posting notice on the enclosure.
      (4)   Any officer enforcing this chapter may enter private property and impound any animal under exigent circumstances if the officer reasonably believes it to be necessary to protect the life of the animal.
   (B)   Notification of owner. Upon impoundment of an animal, the ACO shall make reasonable efforts to contact the owner of the animal if the owner is known.
   (C)   Redemption of animal. Unless the animal is authorized to be held under another section of this chapter, the owner of an animal may redeem the animal from the city's animal control facility upon providing proof of compliance with the registration and vaccination requirements of this chapter and the payment of all impoundment fees, handling fees, and any veterinary expenses incurred.
   (D)   Disposition of unclaimed animals.
      (1)   If the owner of an impounded animal does not redeem the animal within 72-hours after notification of the owner, or within 72-hours from the time of impoundment if the owner is unknown, the animal is deemed to be abandoned. The owner is divested of ownership of the animal, and the city is deemed to be the owner of the animal.
      (2)   Any animals abandoned under this section shall be given away, put up for adoption, euthanized, or disposed of in a humane manner, at the discretion of the ACO.
      (3)   Notwithstanding any other provisions of this chapter, the ACO may immediately transfer any cats believe to be feral cats to the Humane Society of North Texas for treatment or other disposition.
   (E)   Adoption of animals.
      (1)   The ACA or the contracted veterinarian shall be the sole judge as to whether a cat or dog is healthy enough for adoption, and its health and age adequate for vaccination. However, such decision by the ACA shall not constitute a warranty of the health or age of the animal.
      (2)   All dogs and cats which are adopted through the city animal shelter shall be sterilized/altered to prevent reproduction in that animal provided the animal is eight weeks or older or two pounds or more in body weight.
      (3)   All dogs and cats which are adopted through the city animal shelter and are over four months of age shall be vaccinated for rabies.
      (4)   If an animal is already altered, the animal can be released from the shelter the same day of the adoption.
      (5)   Adopted animals must be surgically altered by the date indicated in the adoption contract, at the expense of the adopter.
      (6)   The ACA reserves the right to refuse to adopt any animal if it is believed that the adoption may create a risk to the animal's health and safety.
      (7)   Failing to comply with the terms of the adoption contract will constitute violation of this section.
   (F)   Disposal of dangerous wild animals. Any dangerous wild animal may be immediately, humanely disposed of as deemed appropriate by the ACA if the dangerous wild animal cannot be safely impounded.
   (G)   Baby animals. Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide adequate nutrition and the baby animal is suffering may be immediately euthanized or given to a nonprofit humane organization for the purpose of veterinary care, as determined by the ACA.
   (H)   Owner relinquishing responsibility. An owner who no longer wishes responsibility for an animal may sign a written waiver supplied by the ACA allowing the animal to be immediately euthanized in a humane manner, adopted, sold, or care and custody may be transferred to a nonprofit animal welfare organization approved by the ACA.
   (I)   Injured animals. Any impounded animal that appears to be suffering from injury or illness may be transferred to a non-profit animal welfare organization, approved by the ACA, for the purpose of veterinary medical care, as determined by the ACA.
   (J)   Animals of prisoners.
      (1)   Any person who is taken into custody by the city's Police Department or other law enforcement personnel and having in his/her possession an animal shall be notified that the animal will be transferred to the ACA shelter.
      (2)   During confinement of said person, the animal will be taken care of by the ACA. The animal must be redeemed from impoundment within five business days from the time of the incarceration of the owner, at no charge to the owner. If the animal has not been redeemed within the five-day period, then the animal becomes the property of the city and may be euthanized, adopted, sold, or transferred to a nonprofit animal welfare organization approved by the ACA.
      (3)   No person shall be able to redeem an animal taken possession of pursuant to this section, except the owner or owner's duly authorized designee.
      (4)   An animal may be kept at the ACA shelter for a period of time exceeding five business days if, in the discretion of the ACA, there is a possibility of reuniting the animal with its owner within a reasonable amount of time.
(Ord. 408, passed 2-14-2019)