§ 4-7. Impoundment of animals

(a) General authority.

(1) The animal control officer or the animal control officer's designated representative may order impoundment of an animal, if the animal:

a. Is running at large within the city;

b. Has bitten or injured any person within the city;

c. Is dangerous, vicious, or wild and is not securely confined in such a manner that it cannot come in contact with or do harm to any person or other animal; or

d. Has suffered cruelty to animals or is injured.

(2) Should the owner of an animal fail or refuse to allow the impoundment of the animal as provided by this subsection or attempt to interfere with such impoundment, the animal control officer shall contact the police department to help accomplish the impoundment.

(3) In lieu of and including impoundment of an animal, the animal control officer, based on the reasonable belief that the owner is in violation of this chapter, may issue a citation to the owner of the animal.

(b) Notice of impoundment.

(1) When the owner of an impounded animal is known by the animal control officer or reasonably thought by the animal control officer to be identifiable, the animal control officer shall give written notice of the impoundment to the owner.

(2) The notice must contain the following information for animals impounded for any reason:

a. A date of notice;

b. Date and location of an animal's impoundment;

c. Reason for impoundment;

d. Reasonable description of the animal; and

e. Location of impoundment facilities and hours during which an animal can be retrieved by the owner.

(3) The owner of an impounded animal may not take possession of the impounded animal until the owner has provided satisfactory evidence to the animal control officer that the animal has a current rabies vaccination. If the animal does not have a current rabies vaccination, the owner will receive a citation and must bring papers verifying vaccination to the animal control officer within 15 days from the date on which the owner retakes possession of the impounded animal.

(4) The owner of an impounded animal may not take possession of the impounded animal until fees and charges incurred during the impoundment have been paid in full.

a. The owner has the right to an informal hearing before the municipal judge to show cause why the owner should not be subjected to fees for return of the animal;

b. A written request for an informal hearing must be sent to and received by the city's municipal court within three working days of the date of the notice. The request must be addressed to:

ATTN: Municipal Judge

City of Granite Shoals

2221 N. Phillips Ranch Road

Granite Shoals, Texas 78654

(5) The owner of an impounded animal may not take possession of the impounded animal until the animal has a current registration as required by section 4-11

(c) Fees/fines imposed; collected.

(1) The following fees/fines will be charged by the city and collected at the cashier window at city hall in accordance with this chapter for each animal impounded hereunder:

a. An impoundment fee of $45.00 for an unregistered animal (or $20.00 for an animal that is registered in the city) for the first and second offense within a 12-month period;

b. After an animal has been impounded twice during the previous 12-month period, the fee for an unregistered animal shall be $45.00 (or $20.00 for an animal that is registered in the city) multiplied by the number of times the animal has been impounded during the previous 12-month period but not to exceed $500.00;

c. A fee of $15.00 for each day an animal remains impounded;

d. Actual cost for the preparation and posting or mailing of each notice required under this chapter. The actual cost shall be presumed to be $5.00 unless after a hearing, the municipal judge finds otherwise;

e. Charges for long distance telephone calls in connection with the administration of this section;

f. The cost of additional personnel and specialized equipment necessary during an animal's apprehension and impoundment;

g. Medical costs, including but not limited to veterinarian fees, vaccines, and other specialized care and equipment;

h. Any other expenses incurred incidental to the impoundment of an animal hereunder;

i. Court cost as determined by the municipal judge;

j. Voluntary surrender. The owner of an animal who chooses to relinquish custody of that animal to the city must pay a surrender fee of $75.00 for one or more animals at the time of surrender. The owner of the animal must fill out, sign and date voluntary surrender paperwork.

(2) If no one accepts responsibility for an animal in the custody of the city or the contract facility, the animal can be adopted with respect to the Rabies Control Act of 1981. The adopting owner must pay the impoundment fee of $45.00 for an unregistered animal (or $20.00 if registered with the city) plus no more than $15.00 in daily fees, plus all applicable rabies and neutering costs incurred by the city during the period of impoundment.

(3) Fees collected.

a. All fees and charges incurred under this section will be charged against and are the obligation of the owner of an impounded animal, regardless of the disposition of the animal;

b. Except as otherwise specifically provided herein, the owner, adopter or purchaser may not take possession of an impounded animal until the fees and charges incurred during the impoundment of the animal have been paid in full;

c. A receipt for all fees paid under this chapter shall be furnished to the person paying the fees.

(d) Hearing.

(1) Upon the written request of an addressee of a notice under this section for a hearing, the municipal judge or a designated representative shall conduct an informal hearing.

(2) Written notice of the place, date and time of such hearing shall be give to the person requesting the hearing, and the person must be given the opportunity to present any evidence that may be pertinent to the hearing.

(3) The municipal judge must determine, after reviewing the evidence presented, whether the addressee was in fact in violation of this chapter.

(4) Timely filing of a written request for an informal hearing stays the proceedings under this chapter until final action is taken by the municipal judge or a designated representative.

(5) The fees and charges imposed under subsection (c) of the section shall not be imposed if, after a hearing, the municipal judge determines that the owner was not in violation of this chapter or that the animal should not have been impounded under the provisions of this chapter.

(Ord. No. 590, § VIII, 7-10-2012)