MEMPHIS ANIMAL SERVICES

Memphis Code of Ordinances tit. 8, ch. 8-5

in effect

Memphis Code of Ordinances § 8-5-1 Establishment and supervision.

Sec. 8-5-1. - Establishment and supervision. Memphis Animal Services is established under the executive division of the City of Memphis. The operation and management of such service center shall be under the supervision of the director of animal services. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-2 Business hours.

Sec. 8-5-2. - Business hours. Memphis Animal Services shall post in a conspicuous and prominent location at the shelter and on the shelter's website the business hours as designated by the animal services director, subject to concurrence by the chief operating officer of the City of Memphis. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-3 Badges, uniforms, and police power of animal services officers.

Sec. 8-5-3. - Badges, uniforms, and police power of animal services officers. A. Animal services officers shall wear badges and uniforms identifying them as such and shall have the necessary police powers for the enforcement of this chapter. Animal services officers shall have the authority to issue ordinance summonses related to violations of this chapter or state law summons for such violations. B. Pursuant to T.C.A. § 39-14-207(a), an animal services officer, who has a reasonable belief that an animal inside a home, fenced in yard, behind a locked gate, or in a vehicle has been without necessary food and water for more than 12 successive hours, may, as often as necessary, enter any place in which any animal is so confined, and to supply it with necessary food and water for as long as it remains so confined. That person shall not be liable for such entry to any person in any legal action, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. C. If an animal services officer who has a reasonable belief that an animal inside a home, fenced in yard, behind a locked gate, or in a vehicle needs emergency care, or that there is an imminent threat to the life or welfare of an animal behind one of these barriers, the officer may make entry to any place in which any animal is so confined for the purpose of taking temporary custody of the animal but only after obtaining a warrant, except that a warrant shall not be required if the animal services officer has a good faith belief that the animal has a medical condition or injury of such a nature that the failure to render immediate care would reasonably likely result in the animal's imminent death and otherwise complies with T.C.A. § 39-14-215. D. Any animal that is found to be injured, diseased, suffering from the elements or malnourished and abandoned as defined in this chapter may be taken into temporary custody by an animal services officer. E. Upon taking temporary custody of any animal under this section, the animal services officer shall attempt to contact the owner of the animal and shall seek emergency veterinary care for the animal, if necessary, as soon as available. The officer shall leave notification of temporary custody at the location the animal was found or at the registered address of the owner if the owner cannot be reached. The owner of the animal is responsible for any costs of providing care to the animal. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-4 Resisting or interfering with animal shelter employee.

Sec. 8-5-4. - Resisting or interfering with animal shelter employee. It is unlawful for any person to resist or interfere with an animal services employee in the performance of their duties. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-5 Aid and assistance by police.

Sec. 8-5-5. - Aid and assistance by police. It shall be the duty of all police officers to render any assistance necessary. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-6 Enforcement; issuance of ordinance summons.

Sec. 8-5-6. - Enforcement; issuance of ordinance summons. Any ordinance summons issued pursuant to this chapter shall be left with the offender and shall provide information related to the offense charged and the time and place when such offender is to appear in court. Failure of the offender to appear in court shall result in a default judgment against the offender in an amount allowed under state law for city ordinance violations, and/or a warrant issued in accordance with T.C.A. § 7-63-204. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-7 Enforcement; limitation on action for violations.

Sec. 8-5-7. - Enforcement; limitation on action for violations. A. No action shall be commenced by the city in any court for the purpose of enforcing any violation of animal violation sections of the Code of the city after one year from the commission of the offense. For this section, a court action shall be deemed to be commenced: 1. Upon the issuance of an ordinance summons to the offender; 2. Upon the arrest of the offender; or 3. Upon the issuance of an arrest or bench warrant for the offender. B. A summons may be served by: 1. Personal service on the offender; or 2. Registered or certified mail, addressee only, return receipt requested. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-8 Enforcement; dismissal or entering nolle prosequi not prohibited.

Sec. 8-5-8. - Enforcement; dismissal or entering nolle prosequi not prohibited. Nothing herein shall prevent the city, through the city attorney's office, from dismissing or entering a nolle prosequi of any ordinance summons in open court. Such ordinance summons shall be dismissed if it shall be determined that the summons was issued to a nonresident and is deemed uncollectible; there is a lack of proof; or for such other valid reason as stated to the court. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-9 Enforcement; violation-penalty.

Sec. 8-5-9. - Enforcement; violation-penalty. A person in violation of any part of this chapter is guilty of a city ordinance violation. Upon conviction, a court of competent jurisdiction may order the defendant to: 1. Pay fines in accordance with an amount allowed under state law for city ordinance violations. Each day that any violation of this chapter continues may constitute a separate offense. 2. Be precluded from owning, harboring, or having custody or control of companion animals permanently, or for a period that the court deems reasonable. 3. Participate in available animal cruelty prevention programs and educational programs or both. 4. Undergo a behavioral health evaluation and comply with any recommendations resulting from the evaluation. 5. Forfeit to Memphis Animal Services animals that are the basis of conviction. 6. Sterilize the companion animals. Sterilization is mandatory upon a second violation. 7. Payment of all costs and expenses of enforcement of this ordinance, including veterinary treatment and care, and feeding and housing of animals surrendered or forfeited under this ordinance. a. Failure to pay any portion of fees and costs shall result in a lien upon the property of the owner subject to the city ordinance and state law. b. Liens shall be enforced by attachment proceedings in any court of competent jurisdiction and payment made directly to Memphis Animal Services. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-10 Impoundment and Redemption of Cats.

Sec. 8-5-10. - Impoundment and Redemption of Cats. A. Impoundment. 1. First impoundment. Any non-community cat found running at large, abandoned, or subject to neglect, cruelty or any of the conditions described Section 8-5-3 or is not in compliance with any other provision of this chapter may be apprehended and impounded in the city animal shelter, and the owner notified, if known. If such cat has any ownership identification (tag, microchip, etc.), it shall be held for at least 72 hours during which time the owner may redeem or repossess the same upon payment of reclaim fees for impound and boarding in accordance with the current fee schedule as defined in this chapter. If not reclaimed or redeemed by the owner within such time, the animal will become the property of the shelter and the animal may be designated for disposition by the animal shelter director or their designee. If no ownership identification exists, the cat can be deemed a community cat and the 72 hour stray hold does not apply. If the cat is deemed a community cat and is not in need of medical attention, it shall be sterilized, ear-tipped, and returned to the location it was found. If the cat is less than 12 weeks old and no ownership identification exists, the kitten can be immediately placed for adoption, and a 72 hour stray hold does not apply. 2. Second impoundment. Should a cat belonging to the same owner be picked up for a second time within two years of the date of the first offense, the owner may redeem and repossess the cat upon payment of reclaim fees for 2nd impound and boarding in accordance with the current fee schedule as defined in this chapter. 72 hour stray hold provisions as described in subpart 1 still apply. 3. Third impoundment. Should a cat belonging to the same owner be picked up for a third time within three years of the date of the first offense, the owner may redeem and repossess the cat upon payment of reclaim fees for 3rd impound and boarding in accordance with the current fee schedule as defined in this chapter. The owner also must receive a summons for animal neglect as defined in this chapter. 72 hour stray hold provisions as described in subpart 1 still apply. B. Fees and costs. Impoundment fees for any cat confiscated and held pending a court ruling for violations of section 8-3-1 of this section or any violation of state animal cruelty codes (T.C.A. § 39-14-201, et seq.) must be paid within 2 hours of impoundment for the owner to maintain claim to ownership rights for the animal. If the court determine there is probable cause to proceed with the charges at the owner's first appearance in court, a security bond order will be issued by the presiding judge to cover boarding and additional fees in accordance with the current fee schedule as defined in this chapter. The security bond order shall be in an amount sufficient to cover all expenses from the date of impoundment through the date of the trial and shall be paid within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. Should the trial date be reset for a later date, the owner of the animal will be presented with an updated security bond order at the next scheduled court appearance, which will also require payment within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. C. Sterilization. Any unaltered cat that is not eligible for an exemption to the mandatory spay/neuter ordinance as defined in this chapter will be altered before discharge from Memphis Animal Services. Exemption 1 (under six months old) of the mandatory spay/neuter ordinance does not apply for cats brought into the shelter, if a licensed veterinarian determines the cat is of sufficient age and weight to proceed with sterilization. A fertile permit cannot be purchased after a lawful impound occurs. D. Microchip implant. Before release into the owner's custody, the director of animal services is authorized to have a veterinarian humanely implant any animal lawfully impounded with an electronic microchip that will allow the animal to be positively identified. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-11 Impoundment and redemption of dogs.

Sec. 8-5-11. - Impoundment and redemption of dogs. A. Impoundment. 1. First impoundment. If any dog is found running at large, abandoned or subject to neglect, cruelty or any of the conditions described Section 8-5-3 or is not in compliance with any other provision of this chapter shall be apprehended and impounded in the city animal shelter, and the owner notified, if known, except in cases where an owner can be located within a reasonable amount of time or when exigent circumstances exist preventing the animal services officer from impounding the dog. Such dog shall be held for at least 72 hours during which time the owner may redeem or repossess the same upon payment for, or presentation of, a current license therefor, and payment of reclaim fees for impound and boarding in accordance with the current fee schedule as defined in this chapter. If not reclaimed or redeemed by the owner within such time, the animal will become the property of the shelter and the animal may be designated for disposition by the animal shelter director or their designee. If the dog is less than 12 weeks old and no ownership identification exists, the puppy can be immediately placed for adoption, and a 72 hour stray hold does not apply. 2. Second impoundment. Should a dog belonging to the same owner be picked up for a second time within two years of the date of the first offense, the owner may redeem and repossess the dog upon presentation of a current license thereof and payment of reclaim fees for 2nd impound and boarding in accordance with the current fee schedule as defined in this chapter. 72 hour stray hold provisions as described in subpart 1 still apply. 3. Third impoundment. Should a dog belonging to the same owner be picked up for a third time within three years of the date of the first offense, the owner may redeem and repossess the dog upon payment of reclaim fees for 3rd impound and boarding in accordance with the current fee schedule as defined in this chapter. The owner also must receive a summons for dog running at-large as defined in this chapter. 72 hour stray hold provisions as described in subpart 1 still apply. B. Fees and costs. Impoundment fees for any dog confiscated and held pending a court ruling for violations of section 8-3-1 of this section or any violation of State animal cruelty codes (T.C.A. § 39-14-201, et seq.) must be paid within 72 hours of impoundment for the owner to maintain claim to ownership rights for the animal. If the court determine there is probable cause to proceed with the charges at the owner's first appearance in court, a security bond order will be issued by the presiding judge to cover boarding and additional fees in accordance with the current fee schedule as defined in this chapter. The security bond order shall be in an amount sufficient to cover all expenses from the date of impoundment through the date of the trial and shall be paid within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. Should the trial date be reset for a later date, the owner of the animal will be presented with an updated security bond order at the next scheduled court appearance, which will also require payment within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. C. Sterilization. Any unaltered dog that is not eligible for an exemption to the mandatory spay/neuter ordinance as defined in this chapter will be altered before discharge from Memphis Animal Services, and a fertile permit cannot be purchased after a lawful impound occurs. Additionally, exemption 1 of the mandatory spay/neuter ordinance does not apply for dogs brought into the shelter, if a licensed veterinarian determines the dog is of sufficient age and weight to proceed with sterilization. D. Microchip implant. Before release into the owner's custody, the director of animal services is authorized to have a veterinarian humanely implant any animal lawfully impounded with an electronic microchip that will allow the animal to be positively identified. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-12 Impoundment, redemption, and disposition of livestock.

Sec. 8-5-12. - Impoundment, redemption, and disposition of livestock. A. Livestock found running at-large in violation of this chapter may be apprehended and placed into the animal shelter. Such livestock shall be held for at least 72 hours during which time the owner may redeem or repossess the same upon payment of reclaim fees for impound, trailering fees, and boarding in accordance with the current fee schedule as defined in this chapter. If not reclaimed or redeemed by the owner within such time, the animal will become the property of the shelter and may be designated for disposition by the animal shelter director or their designee. B. Impoundment fees for any livestock confiscated and held pending a court ruling for violations of section 8-4-1 of this section or any violation of State animal cruelty codes (T.C.A. § 39-14-201, et seq.) must be paid within 72 hours of impoundment for the owner to maintain claim to ownership rights for the animal. If the court determine there is probable cause to proceed with the charges at the owner's first appearance in court, a security bond order will be issued by the presiding judge to cover boarding and additional fees in accordance with the current fee schedule as defined in this chapter. The security bond order shall be in an amount sufficient to cover all expenses from the date of impoundment through the date of the trial and shall be paid within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. Should the trial date be reset for a later date, the owner of the animal will be presented with an updated security bond order at the next scheduled court appearance, which will also require payment within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-13 Impoundment, redemption, and disposition of fowl.

Sec. 8-5-13. - Impoundment, redemption, and disposition of fowl. A. Fowl found running at-large in violation of this chapter may be apprehended and placed into the animal shelter. Such fowl shall be held for at least 72 hours during which time the owner may redeem or repossess the same upon payment of reclaim fees for impound and boarding in accordance with the current fee schedule as defined in this chapter. If not reclaimed or redeemed by the owner within such time, the animal will become the property of the shelter and may be designated for disposition by the animal shelter director or their designee. B. Impoundment fees for any animal confiscated and held pending a court ruling for violations of 8-4-1 of this section or any violation of State animal cruelty codes (T.C.A. § 39-14-201, et seq.) must be paid within 72 hours of impoundment for the owner to maintain claim to ownership rights for the animal. If the court determine there is probable cause to proceed with the charges at the owner's first appearance in court, a security bond order will be issued by the presiding judge to cover boarding and additional fees in accordance with the current fee schedule as defined in this chapter. The security bond order shall be in an amount sufficient to cover all expenses from the date of impoundment through the date of the trial and shall be paid within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. Should the trial date be reset for a later date, the owner of the animal will be presented with an updated security bond order at the next scheduled court appearance, which will also require payment within ten days of the issuance of said order or ownership of the pet is forfeited to Memphis Animal Services. C. The director of animal services, or designated staff member, is authorized to waive fees related to reclamation on a case-by-case basis. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-14 Adoption of animals.

Sec. 8-5-14. - Adoption of animals. Once an animal becomes the property of Memphis Animal Services by any method described in this chapter, the animal may be adopted in accordance with current adoption policies as enacted by the director of animal services, and upon payment of an adoption fee, licensing fee and fees for any other service supplied by Memphis Animal Services in connection with such animal. Each unaltered dog and/or cat will be sterilized by the shelter veterinarian prior to leaving the shelter, unless it is determined by the director of animal services that the pet should not be altered. Any individual taking an unaltered dog or cat from the shelter must comply with applicable ordinances and policies relating to unsterilized animals. If it is determined that a former owner of an animal is applying for adoption, such former owner may only regain ownership or possession by payment of redemption fees set forth in the current fee schedule as defined in this chapter. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-15 Euthanasia of abandoned or neglected animals.

Sec. 8-5-15. - Euthanasia of abandoned or neglected animals. The director of animal services, or their designee, may lawfully euthanize immediately, or cause to be euthanized immediately, any animal that is legally the property of the city of Memphis, or that is suffering, and euthanasia will end that suffering. (Ord. No. 5843, § 1, 7-11-2023)

Memphis Code of Ordinances § 8-5-16 Animal services advisory committee.

Sec. 8-5-16. - Animal services advisory committee. There is hereby created the animal services advisory committee, consisting of seven citizens of the city, who shall be appointed by the mayor, subject to approval of the city council, for a term of two years or until their successors are appointed and qualified, and who shall serve without compensation, or oath. The director of animal services shall be an ex officio member of such committee. A. Chairperson and secretary. The chairperson and the secretary of the animal services advisory committee shall be designated by the mayor when making appointments to the committee. B. Rules and regulations. The animal services advisory committee shall have the power to make rules and regulations for the conduct of its business. Such committee shall meet as prescribed by its rules, and upon call of its chairperson. C. Powers and duties. The animal services advisory committee shall: 1. Provide guidance and support to the director of animal services based on each individual committee member's area of expertise. 2. Serve as community liaisons for animal services, helping spread messaging regarding quality pet ownership and how to access resources through MAS. 3. Support and advocate for progressive animal control and sheltering programming to keep Memphis in alignment with national best practices. (Ord. No. 5843, § 1, 7-11-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT8AN_CH8-5MEANSEFetched: 10/28/2026