Ord 32-2016 9/6/2016
Ordinance No. __32-2016_______
Ordinance amending Article IV, Animal Control, of the Code of
Ordinances of the City of Wichita Falls, at Division 3, Impoundment;
providing a repealer clause; providing for inclusion; and providing for
severability.
WHEREAS, the City of Wichita Falls wishes to establish ownership of any animal
impounded by animal control, or left at the Animal Services Center after a quarantine
hold or seizure release.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Article IV of the Code of Ordinances is hereby amended at Division 3,
Impoundment, Sec. 14-380, Euthanasia, so that such section shall hereafter read as
follows:
“Sec. 14-380. – Euthanasia.
Any animal, fowl, livestock or wildlife impounded or found at large within the city
may be destroyed upon determination by the animal control supervisor , animal care
coordinator or a local veterinarian that it has been injured or is sick and in such state
that its recovery is seriously in doubt or that it is sick and endangers the health of other
animals or persons. All euthanasia shall be done humanely, by injection of a lethal
drug or necessary means as approved by state law.”
2. Article IV of the Code of Ordinances is hereby amended a t Division 3,
Impoundment, by the addition of Sec. 14 -381, Transfer of ownership after period of
detention, so that such section shall hereafter read as follows:
“Sec. 14-381. -Transfer of ownership after period of detention.
(a) Detention period. It shall be the duty of the Wichita Falls Health District
(hereinafter “Health District”) or the Health District’s designee to hold all
impounded animals with a microchip, rabies vaccination tag or a Wichita
Falls license tag attached to the collar for a detention p eriod of five days,
excluding Sundays and city designated holidays, after the date of
impoundment. All impounded animals without a microchip, rabies
vaccination tag or a Wichita Falls license tag attached to the collar will be
held for a detention period of three days, excluding Sundays and city
designated holidays, after the date of impoundment.
(b) Transfer of ownership. After the period of detention has ended, ownership
of the animal will transfer to the Wichita Falls Health District or the Health
District’s designee. Title to the animal is considered vested in the Wichita
Falls Health District or the Health District’s designee for purposes of
passing good title, free and clear of all claims. When ownership is
transferred to the Wichita Falls Health District or the Health District’s
designee, title and sole ownership of the animal transfers to the Wichita
Falls Health District or the Health District’s designee. The animal becomes
sole property of the Wichita Falls Health District or the Health District’s
designee. The animal becomes subject to disposition by transfer of
ownership, euthanasia or adoption as the Wichita Falls Health District or
the Health District’s designee deems appropriate once ownership is
transferred.
(c) Eligibility for transfer of ownership, euthanasia or adoption. Once ownership
of an animal transfers to the Wichita Falls Health District or the Health
District’s designee, the animal will be eligible for transfer of ownership,
euthanasia, or adoption and subject to disposition as Wichita Falls Health
District or the Health District’s designee sees fit.
(d) Quarantined animals. This section does not apply to quarantined animals
that are suspected of having rabies or that have been quarantined because
the animal bit or scratched a person. Ownership of quarantined animals will
be transferred to the Wichita County Health District after the fifth business
day after the date that quarantine has ended if they have not been
redeemed or reclaimed by the original owner.
(e) Animals seized by court order. This section does not apply to animals that
have been impounded pursuant to seizure warrants because the animal is
vicious and caused injury to a person or has been cruelly treated or
abandoned. Title shall transfer to the Wichita Falls Health District or the
health authority’s designee three days, excluding Sundays and city
designated holidays, after the date of the hearing on the seizure warrant if
the animals have not been redeemed per a court order allowing the
animal’s owner to maintain ownership and good ti tle to the animal. If the
rightful owner has not reclaimed the animal obtained pursuant to a seizure
warrant within three days, excluding Sundays and city designated holidays,
after the date of the hearing to determine whether the animal has been
cruelly treated or abandoned, ownership of the animal will transfer to the
Wichita Falls Health District or the health authority’s designee.
(f) Immediate transfer of ownership. This section does not preclude a person
from transferring ownership to the Wichita Falls Health District or the Health
District’s designee per written instrument. Any animals to which an owner
has transferred ownership to the Wichita Falls Health District or the Health
District’s designee via written instrument will be eligible for transfer of
ownership, euthanasia, or adoption immediately and subject to disposition
as the Wichita Falls Health District or the Health District’s designee sees fit.
(g) Redemption after impoundment. The person entitled to the possession of
any animal delivered to the W ichita Falls Health District or the Health
District’s designee shall be entitled to have the animal delivered to him or
her upon presentation of satisfactory evidence of ownership, as evidenced
by the following:
1. A license issued pursuant to this chapter;
2. A microchip indicating ownership of the animal;
3. Receipt for purchase or adoption of the animal;
4. Records from a veterinarian showing vaccinations administered
within the previous 12 months;
5. Receipts for payment to a veterinarian or commercial pet service
facility for services rendered to the animal;
6. Photographic or videographic records showing the animal and
individual asserting ownership at home or in other environments; or
7. A signed and notarized affidavit in which the owner of the animal
attests that the animal is his or her property.
Secs 14-382-14-403 reserved.”
3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
4. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
5. Should any word, phrase, paragraph, section or portion of this ordinanc e or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and ef fect.
PASSED AND APPROVED this the 6th day of September, 2016.
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M A Y O R
ATTEST:
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City Clerk