Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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(8) A person who has been notified that their animal is impounded at the shelter commits an offense if he or she fails to either reclaim their animal or surrender their animal to the city within 5 business days of said notification. (9) There is no fee or fine for reclaiming or returning community cats. (Ord. No. 2008-62, §4, 12-18-08;Ord. No.2010-10, § 1,3-2-10) Sec. 6.031. Disposition of animals. (a) If an animal is not owner reclaimed,the animal services manager may dispose of impounded animals after the expiration of any required impoundment period by any of the following methods: (1) Adoption: a. The animal service manager, or designee,shall be authorized to place for adoption dogs, cats,or other domestic pets impounded by the city under the following conditions: (i) The animal services manager, or designee,shall determine whether an animal is healthy enough for adoption and if its health and age are adequate for vaccination. However,such decision shall not constitute a warranty of the health or age of the animal and the City of San Marcos makes no guarantees or warranties for adopted animals. (ii) There will be an adoption fee for all dogs and cats at an amount set by the San Marcos City Council.The fee will include the cost of veterinary exam,sterilization, rabies vaccination, blood test if applicable, and implantation of a microchip. (iii) All animals adopted from the animal services facility shall be implanted with a microchip, vaccinated against rabies,and sterilized before ownership of the animal is transferred to the adopter. If, in the opinion of a licensed veterinarian,there is a legitimate health risk justifying the delay of this surgery,the adoption will not be finalized and the transfer of ownership to the new owner will not occur until the animal is sterilized. (2) Transfer to rescue organization:The animal services manager may offer the animal to an approved animal welfare organization for which there is a signed transfer agreement on file with the city animal services facility;any agreement and transfer must require the rescue organization to ensure the animal is sterilized and microchipped prior to placing it into an adoptive home; (3) Foster:The animal services manager may temporarily place the animal in a foster home that has a signed foster agreement on file with the city animal services facility; (4) Euthanasia:An animal control officer or other authorized staff member may humanely euthanize the animal by methods approved by the American Veterinary Medical Association or the Texas Department of State Health Services. (b) The choice of which of these options to use shall be made at the sole discretion of the animal services manager unless otherwise mandated by a court order. (c) Any impounded animal which appears to be suffering from serious injury or disease and which is in meat pain and suffering and probably will not recover or which appears to have an infectious disease which is a danger to humans or to other animals in the opinion of the animal services manager or which,due to its extremely violent nature, poses a substantial risk of bodily harm to the safety of animal services staff, may be humanely euthanized at any time during its holding period by the animal control officer or other authorized staff. In the event such an animal has any type of traceable identification,the animal control officer or staff shall attempt to notify the owner by telephone before taking action. Created: 2022-03-03 11:27:11 [EST] (Supp. No.34,Update 4) Page 20 of 40