The text
Sec. 14-31. - Identification for animals.#
(a)
Canines and felines. No person shall own, possess or have control over any dog or cat that is four months of age or older unless the dog or cat has been implanted with a microchip. This requirement shall not apply to community cats that have been ear-tipped in accordance with an approved trap-neuter-return (TNR) program.
(b)
Registration required. It is the duty of the owner or custodian of the animal to ensure that the animal's implanted microchip identification number is registered with a nationally registered pet recovery database.
(c)
Changing status. If there is a change in ownership or contact information for the owner or custodian of the microchipped animal, the owner or custodian shall update the contact information with the appropriate nationally registered pet recovery database within 30 days after the date of the change in information.
(d)
Other Animals. Identity requirements for animals, other than dogs and cats, are as follows:
(1)
Requirement. All animals, other than dogs and cats, within the city shall be implanted with a microchip or marked by some type of identifying license, tag, band, tattoo or brand by which the animal's owner can be identified. All Livestock shall be tagged or tattooed.
(2)
Exception. The requirement stated in subsection (d)(1), immediately above, does not apply to domestic mice, rats, rabbits, guineas, hamsters, gerbils, ferrets, fowl, amphibious and aquatic animals or reptiles.
(e)
Defenses. It is a defense to prosecution under this section that:
(1)
The animal owner is a nonresident of this city and is keeping the subject animal in the city for fewer than 30 days;
(2)
The animal owner has been a resident of this city for fewer than 30 days; or
(3)
The animal had been abandoned or lost and the temporary owner has had the dog or cat for fewer than 30 days.
(f)
Administrative rules. The city manager may promulgate forms and administrative rules as required for the orderly administration of this section.
(g)
Penalty. A violation of any provision is unlawful and subject to section 1-6 (entitled "general penalty") of this Code.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2025-36, § 2, 8-26-25)
Sec. 14-32. - Running at large.#
(a)
Responsible party. It shall be unlawful for any person who owns, keeps, harbors or otherwise has control over any animal to allow or permit such animal to run or be at large within the city.
(b)
Cats. The prohibition against an animal running at large shall not apply to a domestic cat which has been vaccinated as required by this chapter and which is wearing the required vaccination tags. The prohibition shall apply to all other cats.
(c)
Restraint required. An animal shall be considered to be at large if it is not under the control of its owner by either a leash, chain, cord or other suitable material attached to a collar or harness, or not restrained on the property of the owner by a leash, chain, cord or fence. An animal inside a vehicle parked in a public place or in the open bed of a moving or parked vehicle in a public place shall be considered to be at large unless it is restrained in such a manner that it cannot exit the vehicle of its own volition.
(d)
Snakes. It shall be unlawful for any person to have a snake in any park or other public place unless it is within some type of cage, pen or enclosure.
(e)
Impoundment. The animal control officer for the city may impound any animal observed to be at large, whether the animal is on public or private property, subject to the applicable provisions of the law. If the animal control officer observes an animal on property which is owned by a person other than the owner of the animal, and observes the animal return to property of its owner, the animal control officer may impound the animal or issue a citation for the animal running at large. In the event the animal is on private property or property of the animal's owner the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the title and law.
(f)
Prima facie evidence. Proof that an animal was found at large in violation of this section, together with proof that the defendant was the owner of such animal at the time, shall constitute prima facie evidence that the defendant allowed or permitted the animal to be at large.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2013-22, § 2, 12-10-13)
State Law reference— Estrays, V.T.C.A., Agriculture Code ch. 142.
Sec. 14-33. - Confinement during estrus.#
(a)
Secured enclosure required. Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure and the area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animals except for controlled breeding permitted by the owner of the female.
(b)
Chaining or tethering. Additionally, the female dog or cat shall not be chained or tethered, except in a secured enclosure, and if chained or tethered within a secured enclosure, the female dog or cat may not be chained or tethered in a manner that prevents her from defending herself or from avoiding a male.
(c)
Removal of the animal. Owners who do not comply shall be ordered to immediately remove the animal in heat to a veterinary hospital or the animal shelter. Failure to comply with the removal order of the animal control officer shall be a violation of this chapter and the dog or cat will then be impounded as prescribed herein. All expenses incurred, as a result of this confinement, shall be paid by the owner.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-34. - Animal defecation prohibited in certain areas.#
(a)
It is unlawful for the owner or person in control of an animal to intentionally, knowingly, recklessly or with criminal negligence allow or permit such animal to defecate on any public property or improved private property other than that of the owner of the animal. That the animal was at large at the time it defecated on any property shall constitute a prima facie evidence that the owner or person in control of the animal allowed or permitted the animal to so act.
(b)
Exception. It is an exception to the application of this section that the owner or person in control of the animal immediately removed and cleaned up such animal's feces from public or private property.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-35. - Wild animals or wildlife.#
(a)
No person shall possess, keep or have care, custody or control of a prohibited animal, wild animal or wildlife within the city except as provided herein.
(b)
All persons shall be prohibited from selling, giving, transferring or importing into the city any wild animal.
(c)
This section shall not apply to approved zoological parks or circuses. Nor shall this section apply to primary and secondary schools, colleges and universities, zoological parks owned or operated by a governmental entity or any animal assisting physically handicapped persons.
(d)
It shall be a defense to prosecution under this section that the animal being kept was an infant or injured animal which was not capable of surviving on its own and that such animal was kept for three days or less, or for such reasonable time as was necessary before giving the animal to a licensed wildlife rehabilitator.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-36. - Nuisance animals.#
(a)
As used in this article, a nuisance animal shall be defined as any animal that commits any of the acts listed herein:
(1)
Molests or chases pedestrians, passersby or passing vehicles, including bicycles, or molests, attacks or interferes with other animals or persons on public property or private property other than the owners;
(2)
Makes unprovoked attacks on other animals of any kind or engages in conduct which establishes such animal as a "dangerous animal";
(3)
Is repeatedly at large; specifically, three or more times per 12-month period (excluding domestic cats);
(4)
Damages, soils or defiles public property or private property, other than property belonging to or under the control of the owner;
(5)
Repeatedly defecates on property not belonging to or under the control of its owner, unless such waste is immediately removed and properly disposed of by the owner of the animal (including domestic cats);
(6)
Barks, whines, howls, crows, crackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities;
(7)
Produce odors or unclean conditions sufficient to annoy persons living in the vicinity; or
(8)
Is unconfined when in heat.
(b)
If an animal control officer or a police officer determines that any animal is a nuisance as defined herein this section, the animal control officer or police officer shall consider whether the situation may be better resolved informally or with a warning or by issuing a citation.
(c)
It shall be unlawful for the owner or harborer, of an animal determined a nuisance under this section, to permit continued or future nuisance behavior or condition(s). Nothing herein precludes the city from seeking other remedies if the owner fails to comply with the remedial requirements stated.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-37. - Honeybees.#
No person shall construct, place or maintain any beehive within 300 feet of any residence other than that of the owner except with the consent of the occupants of all such residences.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-38. - Pens and coops; location.#
(a)
All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop.
(b)
Any person keeping or harboring any animal, other than livestock, shall locate any pen, coop, hutch or other housing at least 50 feet from any residence, excluding the residence of the person keeping or harboring the animals.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-39. - Livestock.#
(a)
It shall be unlawful for any person owning or having care, custody or control over any livestock, except the horses used by the city police department, to:
(1)
Cause or permit any livestock to be pastured, herded, staked or tied in any street, lane, alley, park or other public place; or
(2)
Tie, stake or pasture or permit the tying, staking or pasturing of any animal upon any private property within the city without the consent of the owner or occupant of such property; or in such a way as to permit any livestock to trespass upon any street or other public place or upon any private property; or
(3)
Permit any livestock to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such livestock.
(b)
It shall be unlawful for any person to keep or harbor any livestock within the city in a pen or other enclosure situated at any point closer than 200 feet to any residence, excluding the residence of the person keeping or harboring the livestock.
(c)
It shall be unlawful for any person to keep or harbor any livestock within the city in a pen or other enclosure which has less than 600 square feet of area for each livestock.
(d)
4-H Club members keeping or harboring livestock as a 4-H Club project are exempt from subsections (b) and (c) above, provided that not more than one animal is kept or harbored and the 4-H Club member complies with the applicable regulations for livestock, enclosures, and sanitation set forth in this chapter.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-40. - Storage of feed.#
All feed provided for animals, other than hay, shall be kept in an enclosed building or container except when being used to feed an animal.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-41. - Other restrictions.#
(a)
Hogs. The keeping of hogs or any member of the swine family is prohibited.
(b)
Keeping of animals near city water supply.
(1)
It is unlawful and constitutes an offense for any person, whether for himself or as the agent or servant of another or others, to keep or to participate in keeping any horse, hog, cattle, sheep, goat, other livestock and/or fowl in any pen or lot used to confine any such multiple animal operation within 500 feet of any water supply wells from which the city obtains its principal water supply as specified in the official Texas Administrative Code published under authority of the Secretary of State, Title 31, Natural Resources and Conservation, Section 290.41 (c)(1)(C)(D)(F).
(2)
"Keeping" means the care and control of the livestock or fowl in question for a period of longer than five days.
(c)
Keeping of animals and fowl—Restricted. It is unlawful and constitutes a nuisance to keep any horse, cattle, sheep, goat, rabbit or other livestock, including fowl, at any place within the city, when the place where the same are kept is within 200 feet of any private residence or dwelling place or within 500 feet of any building or establishment open to the public, with the exception of park land, or if the animal or fowl in question is kept in a manner and under conditions wherein by reason of the odors emanating therefrom, the noise made by it or from any other cause pertaining to it or pertaining to the manner or to the place at which it is kept is reasonably calculated to annoy, offend or disturb the reasonable sensibilities of inhabitant of a private residence, or person(s) occupying or visiting an establishment open to the public. The distance provisions do not apply to park land; however, other requirements of this section relating to the manner in which animals are kept shall apply to such park land. Subsection (d) below, which governs the keeping of chickens, shall control to the extent of any conflict with this subsection (c).
(d)
Keeping of chickens. Any person desiring to keep chickens within the city limits shall provide enclosures and housing to adequately accommodate these birds without disturbing adjacent property owners and that comply with subsection (c) above. No person keeping chickens shall permit the same to run or fly at large, or to trespass on the premises of any other person. No person shall keep any grown male chicken or other birds which disturb adjacent property owners by the crowing or making of disturbing noises. No person shall keep, within the city limits, any chickens for commercial purposes where the birds or eggs are sold on the market or to individuals, or where the chickens are used for commercial purposes, gambling, or profit. Enclosures for chickens will include housing which will provide a minimum of four square feet of floor space for each gown chicken and will conform in appearance to the surrounding structures. No chicken house will be closer than 50 feet from any dwelling. Chicken houses will be kept clean and sanitary at all times. Means shall be provided to prevent the accumulation of flies, insects, mites, fleas, or other pests. Means shall be provided to prevent the emission of offensive odors. Sick or dead birds shall be properly disposed of immediately. Enclosures shall be constructed as to restrict soil, feathers, or dust of the area of the enclosure and the same will not be allowed to blow or wash onto other private or public property.
(e)
Keeping of animals and fowl—Proof constitutes prima facie case. Proof that six or more fowl, six or more livestock, or six or more of such animals described in subsection (c) above, or one dozen or more of a combination of such fowl or animals as described in subsection (c) above, are being kept at any one time at a place within the city that is within 200 feet of the private residence of another, or within 500 feet of any building or establishment open to the public, shall be sufficient to make out a prima facie case, and unless such prima facie case is overcome by sufficient evidence, it shall warrant a conviction under the provisions of this section.
(f)
Keeping of animals and fowl—Exceptions to distance restrictions. The distance restrictions and livestock prohibitions of this chapter do not apply to property zoned as Agricultural (A) according to the Zoning Ordinance of the City of Burnet. The distance restrictions of this chapter do not apply to property zoned as Single Family Residential Estate (R1-E) according to the Zoning Ordinance of the City of Burnet, or to property properly zoned or used (as in continuing use) as veterinary clinics or facilities or established kennels that are for the purposes of the care or boarding animals or existing shipping pens utilized for temporary holding before shipment or sale.
(g)
Dead animals and fowl. It is unlawful for any person in the city to cause to be placed or place, or allow to remain in or near his premises or the premises of any other person, or in any of the streets or other public roadways, any dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-42. - Animals held on complaint.#
If a complaint has been filed in municipal court of the city against the owner of an impounded animal for a violation of this title the animal may be held on the order of the municipal judge who may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner immune from the decision of the court nor from the fees and fines which may result from a violation of this chapter.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-43. - Removal of animals from confinement.#
(a)
Removal of animals from confinement. It shall be unlawful for any person to remove or allow to escape from any place of confinement any animal of fowl which has been confined or ordered to be confined by the city, without the consent of the animal control division.
(b)
Release of confined animals. It shall be unlawful for any person to knowingly or intentionally enter upon the property of another person for which the person is not given specific permission to enter for the purpose of releasing a confined, chained or tethered animal.
(c)
Impounding—Interfering with officers. It shall be unlawful for any person to interfere or attempt to interfere with the animal control officer or to interfere or attempt to interfere with any person acting for the city in the taking up and impounding of animals in the city.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-44. - Invisible and electronic containment systems.#
(a)
An electronic pet containment (EPC) is a system or device, including but not limited to, fences, or collars that controls the movement of an animal by emitting an electric shock when the animal nears the boundary of the owner's, keeper's, harborer's or maintainer's (collectively known herein as "owner" property or other defined boundary created by the owner for the purpose of containing the animal.
(b)
EPCs in the city shall adhere to the following criteria:
(1)
Every owner of an existing EPC shall have 90 days from the date of the adoption of the ordinance from which this section is derived to obtain a permit to operate their EPC and to pay any applicable fees.
(2)
Newly installed EPCs must obtain a permit within 30 days of the installation.
(3)
Failure of the owner to obtain a permit for their EPC within the designated time frame shall cause the owner to be in violation of this section.
(4)
All EPCs shall be installed completely on the owner's property, however in no case shall the EPC be installed closer than ten feet of any curb or a public sidewalk.
(5)
Warning signs shall be erected to inform members of the public that an EPC system is in operation on the property. Such signs shall be prominently displayed on all sides of the property that are visible to the public. Said signs shall state the following: "PET CONTAINED BY ELECTRONIC CONTAINMENT SYSTEM". Sign shall be black lettering on a white background with each letter being no smaller than three-fourths-inch in height and shall be of such construction suitable for outdoor use including acrylic, plastic or metal.
(6)
Systems must be active. Active systems are those that are always on, rather than a passive system that initially trains an animal and then is taken down.
(7)
Such active systems must be maintained and continuously operated so as to prevent the animal from escaping from within the boundaries of the EPC.
(8)
It shall be expressly prohibited to use an EPC to control an animal that has been declared a dangerous or vicious animal as provided for in section 14-102.
(9)
In addition to any penalty for non-compliance with this section, a permit may be revoked by the city and the EPC may be required to be discontinued and/or removed upon a showing that the EPC is not being operated or maintained in accordance with the conditions of the permit or in compliance with this section.
(10)
Except as otherwise provided for herein, operating an EPC without a valid permit shall constitute a violation of this section.
(Ord. No. 2016-01, § 2, 2-23-16; Ord. No. 2016-07, § 2, 4-12-16)