§ 6-15. Adoption of dogs or cats.

The animal services manager shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions:

(1)

Health and age assessment. The animal services manager shall determine whether a dog or cat is healthy enough for adoption and its health and age adequate for vaccination. However, such decision by the animal services manager shall not constitute a warranty of the health or age of the animal.

(2)

Adoption fee. There will be an adoption fee for all dogs and cats at an amount set by resolution of the city council.

(3)

Requirements for adoption of dog or cat age four (4) months or older.

a.

Vaccination fee.

1.

In the event said adopted dog or cat age four (4) months or older is not vaccinated, a fee in an amount set by resolution of the city council shall be paid for the issuance of a rabies vaccination certificate which the adopting person is to present to any veterinarian within one (1) week for vaccination against rabies of the adopted dog or cat. The veterinarian may present the certificate with a statement verifying the vaccination to the animal services manager for receipt of the prepaid fee or the veterinarian's fee for administering the vaccination, whichever is less.

2.

A person commits an offense if after adopting a dog or cat four (4) months of age or older he knowingly fails to obtain a rabies vaccination for such animal within one (1) week of the adoption date.

3.

It shall be presumed that the person failed to have the animal vaccinated if within ten (10) days of the adoption date he has not presented the animal services manager with proof of the vaccination. Such proof shall be in the form of a receipt from the veterinarian administering the vaccination.

4.

The animal services manager shall be authorized to reimpound any dog or cat adopted under this subsection if the vaccination is not obtained within the required time. In such case, there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.

b.

Registration fee. In the event the adopted dog or cat age four (4) months or older is not registered, the adopting person shall present to the animal services manager the registration fee as set forth in section 6-4.2.

(4)

Requirements for adoption of a dog or cat under four (4) months of age.

a.

Vaccination fee.

1.

In the event the dog or cat to be adopted is under four (4) months of age, the vaccination will not be required until the animal is at least three (3) months of age, but no older than four (4) months of age. A fee in an amount set by resolution of the city council shall be paid for the issuance of a rabies vaccination certificate which the adopting person is to present to any veterinarian. The veterinarian may present the certificate with a statement verifying the vaccination to the animal services manager for receipt of the prepaid fee or the veterinarian's fee for administering the vaccination, whichever is less.

2.

A person who adopts a dog or cat under this subsection commits an offense if he knowingly fails to obtain a rabies vaccination for such animal within the age limits required in this subsection.

3.

It shall be presumed that the person failed to have the animal vaccinated before it turned four (4) months of age if, within two (2) months of the adoption date, he has not presented proof of the vaccination to the animal services manager. Proof shall be in the form of a receipt from the veterinarian administering the vaccine.

4.

The animal services manager shall be authorized to reimpound the adopted dog or cat under this subsection if the vaccination is not obtained within the required age limits. In such case, there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.

b.

Registration fee.

1.

Within one (1) week after a dog or cat, which was under four (4) months old when adopted, is vaccinated against rabies, the adopting person shall furnish to the animal services manager the original adoption receipt and proof of vaccination to receive the city registration.

2.

The adopting person shall pay the animal services manager the registration fee as set out in section 6-4.2.

c.

Microchip fee.

1.

An adopted dog or cat without microchip identification will have a microchip implanted upon payment of a fee established by resolution of the city council.

2.

Upon payment of the microchip fee, the dog or cat will be provided microchip implantation by the animal services manager.

(5)

Sterilization.

a.

Written agreement. A person adopting a dog or cat that has not been sterilized shall sign a written agreement that they will have the animal sterilized:

1.

By the thirtieth day after adoption if the dog or cat is an adult; or

2.

By the thirtieth day after a specified date estimated by the animal services manager to be the date an adopted dog or cat becomes six (6) months old.

b.

Fee.

1.

A person adopting an unsterilized animal shall pay the animal services manager an adoption fee in an amount set by resolution of the city council, and shall receive a sterilization certificate, unless it is sterilized by Irving Animal Services.

2.

Within the sterilization date, the adopting person shall present the certificate to the licensed veterinarian who performed the sterilization of the adopted animal.

3.

The veterinarian may present the certificate to the animal services manager, along with a statement verifying that the animal was sterilized, for receipt of the prepaid fee.

c.

Offense.

1.

A person who signs a sterilization agreement commits an offense if he fails to have the animal sterilized on or before the sterilization completion date stated in the agreement.

2.

If the sterilization date falls on a Saturday, Sunday, or legal holiday, the deadline is extended to the first day that is not a Saturday, Sunday, or legal holiday.

3.

The animal services manager may extend the sterilization deadline for thirty (30) days upon presentation by the adopting person of a written report by a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit to the number of extensions that may be granted under this subsection.

d.

Confirmation of sterilization.

1.

A person who signs a sterilization agreement shall deliver to the animal services manager a letter signed by the veterinarian who performed the surgery. The letter shall be delivered in person or by mail not later than the seventh day after the date on which the animal was sterilized. The letter shall state that the animal has been sterilized, briefly describe the animal, and provide the date of sterilization.

2.

If an adopted animal dies on or before the sterilization completion date, the adopting person shall deliver to the animal services manager a signed letter stating that the animal is dead. The letter shall be delivered not later than the seventh day after the date of the animal's death, and shall describe the cause of death if known and provide the date of death. This letter shall be in lieu of the letter required in subsection (5)d1.

3.

If an adopted animal is lost or stolen before the sterilization date, the adopting person shall deliver to the animal services manager a signed letter stating that the animal is lost or stolen. The letter shall be delivered not later than the seventh day after the date of the animal's disappearance, shall describe the circumstances surrounding the disappearance, and the approximate date of disappearance. This letter shall be in lieu of the letter required in subsection (5)d1.

e.

Prosecution.

1.

If the animal services manager does not receive a letter under subsection (5)d before the expiration of the seventh day after the sterilization completion date, animal services manager is authorized to file a complaint against the adopting person in the Irving Municipal Court.

2.

In a prosecution of a person for failing to sterilize an adopted animal by the sterilization completion date, it shall be presumed that the failure of such person to deliver to the animal services manager a letter required by subsection (5)d is the result of the person's refusal to have the adopted animal sterilized. The person may rebut this presumption at trial with the proof required by subsection (5)d.

f.

Reclamation of animal. The animal services manager may reclaim an adopted animal after the expiration of the seventh day after the sterilization completion date, if the animal services manager has not received a letter as outlined in subsection (5)d. In such case, there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.

(Ord. No. 8597, § 1, 1-26-06; Ord. No. 8925, § 5, 3-13-08)