§ 14-40. Sale or destruction of impounded animals.

(a)

Any animal impounded under this article that is not redeemed by the owner within the time required by this article shall be a public nuisance. After the period of redemption as specified in section 14-38, the city reserves the right to sell or destroy all such animals. The sale of such animals shall be made upon such provisions as may be approved from time to time by the city council. The destruction of such animals shall be carried out in a humane manner, according to procedures approved from time to time by the city council.

(b)

Any person adopting an impounded dog or cat that is eligible for sale, shall, before the animal will be released to him, pay the following fees:

If animal is already spayed/neutered ..... $10.00

If animal is not spayed/neutered ..... $50.00

As a condition of sale, the dog or cat shall be sterilized and vaccinated or the prospective owner must sign an agreement to have the dog or cat sterilized in accordance with subsection (c) herein and vaccinated before the dog or cat is released. The sterilization agreement must include the following:

(1)

The date of the agreement;

(2)

The names, addresses, and signatures of an animal control officer and the new owner;

(3)

A description of the animal to be adopted;

(4)

The sterilization completion date; and

(5)

A statement, printed in conspicuous, bold print, that sterilization of the animal is required under V.T.C.A., Health and Safety Code, ch. 828, and that a violation of this chapter is a criminal offense punishable as a Class C misdemeanor.

(c)

A dog or cat adopted from the animal control facility shall be spayed or neutered within 30 days unless the procedure has already been accomplished or the animal is less than six months of age. Persons adopting a dog or cat less than six months of age shall agree to have it spayed or neutered when it becomes six months old. However, the deadline for sterilization as provided herein may be extended for 30 days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit on the number of extensions that may be granted under this subsection.

(d)

Upon the adoption of an eligible dog or cat, which has not been spayed or neutered, and the payment of the fee specified in subsection (b) of this section, the city shall tender to the person adopting the animal a voucher having a face amount of $40.00. This voucher can be presented to a participating veterinarian for a forty-dollar discount on any spay or neutering procedure. After application and presentment of a valid spay/neuter certificate, describing the animal and indicating the date the animal was sterilized, by a participating veterinarian and the return of the city voucher, the city will remit $40.00 to such veterinarian. As used in this subsection, the term "participating veterinarian" shall mean a licensed veterinarian who performs spay and neutering procedures and agrees to accept a city voucher and tender the appropriate paperwork to the city for reimbursement.

(e)

It is an exception to the application of subsection (b) of this section if the animal is transferred to a state, county or other governmental entity or a non-profit corporation, that has as its primary purpose, as evidenced in its articles of incorporation, the adoption and/or destruction of animals in a humane manner, as determined by the city's director of health.

(Code 1967, § 5-11; Ord. No. 2566, § 2, 10-26-78; Ord. No. 2702, § 3, 8-1-79; Ord. No. 8913, § 1, 5-23-00)

State law reference

Sterilization of adopted dog or cat, V.T.C.A., Health and Safety Code § 828.002.