CODES
ARTICLE IV
ESTRAYS AND AT LARGE
Section 4.01 Estrays to be Impounded
It shall be the duty of the Animal Services Manager
in the absence of action by the County Sheriff's office, to take up
any and all estrays that may be found in and upon any street, alley,
or in or upon any unenclosed lot, or otherwise to be found at large,
and to confine them for safe keeping. After impounding an estray, the
Animal Services Manager shall prepare a notice of estray and file the
notice in the estray book.
Section 4.02 Fees and Costs
For each impounded estray, the owner shall pay the
Animal Services Manager the following fees and costs. No estray shall
be released to its owner before all fees and costs are paid:
A. An impound fee of a sum set by resolution of
the City Council;
B. A boarding fee of a sum set by resolution of
the City Council. Such fee shall be charged for each day the
estray is in custody, excluding the date it is impounded; and
C. All necessary veterinary and drug costs
incurred by the animal while it is in custody.
Section 4.03 Advertisement
When an estray has been impounded, the Animal
Services Manager shall make a diligent search of the register of
recorded brands in the County for the owner of the estray. If the
search does not reveal the owner, the Animal Services Manager shall
advertise the impoundment of the estray in a newspaper of general
circulation in the County at least twice during the next fifteen (15)
days and post a notice of the impoundment of the estray on the public
notice board of the County Subcourthouse and City Hall.
Section 4.04 Recovery by Owner
The owner of an estray may recover possession of
the estray at any time before the estray is sold under the terms of
this Article if:
A. The owner has provided the Animal Services
Manager with an affidavit of ownership of estray;
B. The Animal Services Manager has approved the
affidavit;
C. The approved affidavit has been filed in the
estray book;
D. The owner has paid all estray handling fees
to those entitled to receive them;
E. The owner has executed an affidavit of
receipt of estray and delivered it to the Animal Services Manager;
and
F. The Animal Services Manager has filed the
affidavit of receipt of estray in the estray book.
Section 4.05 Sale of Estray
A. If the ownership of an estray is not
determined within fourteen (14) days following the final
advertisement required by this Article, title to the estray rests
in the City. The Animal Services Manager shall cause the estray to
be sold at a public auction. Title to the estray shall be deemed
vested in the Animal Services Manager for purposes of passing good
title, free and clear of all claims, to the purchasers at the
sale.
B. The purchasers of an estray at public
auction shall take possession of the animal upon payment therefore.
C. The Animal Services Manager shall receive
the proceeds from the sale of the estray and do the following:
1. Pay all estray handling fees to those
entitled to receive them;
2. Execute a report of sale of impounded stock; and
3. Cause the report of sale of impounded
stock to be filed in the estray book.
D. The net proceeds remaining from the sale of
an estray after estray handling fees have been paid shall be
delivered by the Animal Services Manager to the City treasury.
These net proceeds shall be subject to claim by the original owner
of the estray as provided herein.
E. If the bids are too low, the Animal Services
Manager shall have the right to refuse all bids and arrange for
another public auction or sealed bidding procedure.
Section 4.06 Use of Estray
A person commits an offense if after impounding an
estray he uses such estray for any purpose.
Section 4.07 Death or Escape of Estray
A. If an estray dies or escapes while in custody:
1. The person who has custody shall report
the death or escape to the Animal Services Manager;
2. Such report shall be in the form of a
sworn affidavit and filed with the Animal Services Manager;
and
3. The Animal Services Manager shall file
the affidavit in the estray book.
B. A person commits an offense if he fails to
report a death or escape as required by this Section.
Section 4.08 Recovery by Owner of Proceeds
Delivered to City Treasurer
Within twelve (12) months after the sale of an
estray under the provisions of this Article the original owner of the
estray may recover the proceeds of the sale of the estray that were
delivered by the Animal Services Manager to the City Treasurer if:
A. The owner has provided the Animal Services
Manager with an affidavit of ownership of estray;
B. The Animal Services Manager has approved the
affidavit; and
C. The approved affidavit has been filed in the
estray book.
Section 4.09 Escheat of Sale Proceeds
After the expiration of twelve (12) months from the
sale of an estray as provided by this Article, the sale proceeds shall
escheat to the City.
Section 4.10 Riding, Driving or Herding of Certain
Animals
A. A person commits an offense if he rides,
herds or drives any horse, cow, sheep, goat, pig or llama:
1. On a public sidewalk; or
2. On any private or public property
without the effective consent of the owner of such property.
B. It is an exception to (A) that the person
was a peace officer or animal services officer in the performance
of his official duties; or the person was assisting a peace
officer or animal services officer in the performance of his
official duties.
Section 4.11 Animal At Large
A. A person commits an offense if he fails to
keep an animal he owns from being at large.
B. It is an exception to (A) that:
1. The animal was a police service animal
under the supervision of a peace officer in the performance of
his official duties; or
2. The animal was a water fowl at a
municipally owned facility;
C. Each animal in violation of this Section
constitutes a separate offense.
Section 4.12 Animal Impounded at Police Request
A. Impounding. The Animal Services Manager
shall impound an animal at the request of a peace officer when the
owner of the animal has been arrested, hospitalized, is missing or
has died, and there is no person present, sixteen (16) years of
age or older, who will assume the duties of providing food, water
and shelter for such animal.
B. Disposition of Animal - Owner's Residence Known
1. If the animal is not reclaimed by the
tenth (10) day after the date it is impounded, the Animal
Services Manager shall give notice to the owner if the owner's
residence is known to him and it is in Texas. The notice shall
be in writing, sent by certified mail with return receipt
requested, and shall include the amount of the accrued charges
and a demand for payment.
2. If the animal is not reclaimed and all
accrued charges paid by the eleventh day after the date the
notice is mailed, the Animal Services Manager shall send a
second notice by certified mail, return receipt requested, to
the owner. Such notice shall state that the animal will be
euthanized, placed for adoption, or sold at public auction
after the twentieth day after the date the second notice is
sent.
C. Disposition of Animal - Owner's Residence
Unknown. If the animal is not reclaimed by the thirtieth day after
the date it is impounded, and the owner's residence is not in
Texas or the Animal Services Manager does not know where the
owner's residence is, the Animal Services Manager may euthanize
the animal, place the animal for adoption, or sell the animal at
public auction without notice to the owner.
D. The proceeds from the sale or adoption of an
animal shall be applied against the accrued charges. If there are
any excess proceeds, the funds shall be deposited into the animal
services donation fund of the City of Arlington.
E. The fees for impounding and boarding dogs
and cats under this Section shall be the same as those set under
the authority of Section 3.04. The fees for impounding all other
domestic animals shall be the same as those set under the
authority of Section 4.02.
F. This Section shall not apply to at large
animals or prohibited animals.
Section 4.13 Wild Animals
A. It shall be the duty of the Animal Services
Manager, in the absence of action by State or Federal agencies, to
take up any and all wild animals that are diseased or which
endanger the health of a person or other animal.
B. The Animal Services Manager may at his
discretion release a wild animal to a State agency, animal
rehabilitation center, or an animal refuge.
Section 4.14 Spay/Neuter of Animals
A. All animals within the City of Arlington are
required to be spayed/neutered, unless they are under the control
of an individual.
B. All impounded animals are required to be
spayed/neutered within thirty (30) days of release from
impoundment.
C. It is an exception to (B) above that the
Animal Services Manager determines that:
1. The owner of the animal is a member of a
club which is associated with a national registry, nation
breed club or local all-breed club, and does not sell twelve
(12) or more intact animals per year.
2. The animal was at large and impounded
due to force vis major (Act of God).
3. The animal was at large and impounded
due to fire, criminal or negligent acts of a third party who
does not reside at the animal owner's residence. Additionally,
verification of the incident must be presented to the Animal
Services Manager in the form of a police or fire report, or
the sworn testimony or affidavit of police or fire personnel.
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