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Sec. 14-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuse shall mean to mistreat through intent to abuse or reckless neglect of any animal in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.
Animal shall mean any living creature other than hominids. Unless indicated otherwise, the term shall include livestock, fowl, reptiles, amphibians, and wildlife, as well as dogs, cats and other creatures commonly owned as pets. The term shall exclude a fish and other small aquarium maintained creatures, not herein prohibited or restricted, where the owner only maintains no more than three aquariums having a total capacity of 90 gallons.
Animal control division, animal control authority, or animal control officer shall mean the animal control division of the city's police department, its animal control officers and/or peace officers.
Animal shelter or city kennel shall mean a facility designated by the city council to be used for the impoundment of animals taken up by the animal control officers or other similar facility that may be temporarily contracted or designated by the chief of police for animal impoundment under the provisions of this act.
Animal welfare group shall mean an association or nonprofit corporation who has as one of its purposes the providing for the welfare and/or protection of animals of any kind.
Authority shall mean the local rabies control authority as defined in this section.
Brand shall mean a mark made on the skin of any animal which indicates the ownership of the animal; typically used with livestock.
Cat shall mean the male and the female of any domesticated member of the feline species of animals.
Chief of police shall mean the chief of police or the chief of police's designee responsible for the administration of this act.
Circus shall mean a commercial variety show featuring animal acts for the public at a fee or a part of a charity.
Commercial animal enterprise shall include but not be limited to enterprises such as kennels, pet shops, riding stables, animal auctions, performing animal exhibitions, animal training services, grooming shops, petting zoos, aviaries or any similar entrepreneurial relationship regarding animals.
Day shall mean a workday including Saturday and excluding, Sunday and city holidays.
Dangerous wild animal shall have the same meaning as defined in Chapter 822, Texas Health and Safety Code, Subchapter E.
Distance between structures where a minimum setback or distance between any enclosure for an animal from a residence is required, shall mean the most direct line distance between the two structures, unless otherwise provided.
Dog shall mean the male and the female of any domesticated member of the canine species of animal.
Domestic animal means any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild; any animal which can be vaccinated against rabies with an approved rabies vaccine; and any animal which has an established rabies quarantine observation period.
Estray has the same meaning as defined in Chapter 142, Texas Agricultural Code, defining estray as stray livestock, stray exotic livestock, and stray exotic fowl.
Exotic species means any animal or reptile, fish, or bird, born or whose natural habitat is considered to be outside the continental United States, including nonvenomous reptiles and fish.
Fish shall mean any of the cold-blooded animals that extract oxygen from water through the use of gills.
Fowl shall include all birds, e.g., chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl and other domestic feathered creatures and nondomestic feathered creatures, regardless of age or sex.
Governmental entity shall mean an agency or political subdivision of the state or an agency or department of the federal government.
Harbor means to possess while in the act of keeping and caring for an animal; or of providing a premises to which the animal returns for food, shelter or care for a period of three days or longer.
Habitual offender or habitually means or refers to, an owner who has received two or more final convictions of this chapter or the owner of an animal who has been the subject of impoundment in the animal shelter three or more times during a 12-month period or any combination of convictions and impoundment totaling three incidents.
Kennel means an establishment designed or used for the selling, breeding, or overnight boarding of animals where more than three dogs and two cats or three cats and two dogs or a combination of five other animals are to be boarded, sold, or bred.
Livestock shall include, regardless of age, sex or breed, horses and all equine species, including mules, donkeys and jackasses; cows and all bovine species; sheep and all ovine species; llamas; goats and all caprine species; and pigs and all swine species.
Local rabies control authority shall mean the city manager, chief of police, the health officer, the mayor, and city council members. The local rabies control authority may delegate its duties under this chapter to the animal control officer.
Marine animal shall mean any animal, other than a mammal or bird, that lives in a marine environment.
Microchip means a permanent method of electronic identification that is implanted subcutaneously (just under the skin) between the shoulder blades at the back of an animal's neck. A microchip has a unique number that is detected using a microchip scanning device.
Microchipped means an animal that has a microchip implanted and registered through a national microchip registry with the current owner's name and contact information.
Microchip reader or scanner device means an electronic scanner with an operating frequency that is able to detect a microchip that has been implanted in an animal and display the number of the microchip to its operator. The microchip reader shall be of a type that activates and displays the number of a microchip manufactured by multiple vendors.
Multi-pet owner means a person who keeps or harbors more than five cats or dogs or any combination of five cats and dogs. Puppies and kittens under four months of age shall not be counted for purposes of this definition.
Neutered shall mean any animal, male or female, rendered incapable of breeding or being bred, i.e., castration in the male and spaying or ovariectomy in the female.
Nonregisterable dangerous dog means any dog which: (1)
When unprovoked, severely attacked or inflicted serious injury or death to a person, whether on public or private property; or
(2)
Has been deemed nonregisterable by the animal control officer and upheld or unchallenged by any court of jurisdiction.
Owner or presumed owner shall mean any person who has purchased or who owns, keeps, maintains, harbors or has care, custody or control of one or more animals. Ownership may be determined by identifying an adult resident of the premises upon which the animal is kept, maintained, harbored or otherwise resides and such adult shall constitute the owner of the animal upon such premise. Each actual resident of the premises shall be the owner or presumed owner and charged with responsibility for the animals thereon maintained or harbored.
Performing animals shall mean any spectacle, display, act or event in which animals perform.
Person shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
Policy or policies shall mean the policies and procedures adopted consistent with this act and applicable to the animal control division of the city's police department.
Poison shall mean a substance having an inherent harmful property which renders it, when taken into the system, capable of destroying animal life.
Premise shall mean a definite portion of a legal lot of real estate or land, together with any appurtenances or buildings.
Prohibited animals means any animal prohibited by state or federal law and including any individual species and/or subspecies of the following animals: antelope, lions, tigers, ocelots, bobcats, lynx, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, ferrets born in natural habitats, binturong, ostriches, emus, elephants, Vietnamese pot belly pigs, miniature pigs, apes or such other nondomestic species of animal not common to this area.
Proper enclosure means a house or a building, or in the case of a fence or structure/pen, the fence or structure/pen must be at least four feet in height. The structure/pen must also have minimum dimensions of five feet by ten feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times and have secured sides to prevent a dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The animal control officer may require a fence higher than four feet or require a secure top and/or a secure bottom to the structure/pen if the need is demonstrated. Invisible fences or similar technology shall not constitute "proper enclosure."
Quarantine means a period of ten days used for observation of a domestic or pet animal to determine the health status of that animal in relation to the rabies virus.
Quarantine by owner means an animal owner who quarantines with animal control officer's permission under the following conditions: (1)
Animal must have current rabies vaccination and be registered with animal control;
(2)
Animal must be inside an enclosed structure, i.e., house or garage, and must remain there for ten days;
(3)
If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. The length of the chain must prevent the animal from making contact with the fence in which it is kept;
(4)
Animal must be kept away from other animals and people except those in the immediate household;
(5)
Animal may not be removed from corporate city limits of Burnet while under quarantine;
(6)
Owner shall notify animal control officer immediately if animal becomes sick or displays any behavioral changes;
(7)
Owner shall not subject the animal to any medical procedure, without first notifying the animal control officer. This includes any vaccination;
(8)
Animal must be examined by the local rabies control authority or designee by the first day of home quarantine and again on the final day of quarantine. Upon final examination the authority may declare the animal to be free of the rabies virus or under questionable circumstance differ such examinations to a licensed veterinarian. In such instances, owner shall be responsible all associated costs and when required produce proof of such veterinarian examinations;
(9)
Owners who are deemed habitual offenders as defined herein, shall not be allowed home quarantine;
(10)
Owner must allow animal control, during reasonable hours to view and confirm the health of the animal during the rabies quarantine period.
Rabies vaccination means the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the Texas Department of Health and administered by a veterinarian licensed by the State of Texas.
Registered dangerous dog means any dog registered with the city in compliance with Chapter 822, Texas Health and Safety Code, Subchapter D, and with the section of this title addressing registered dangerous dogs.
Residence shall mean any place of human habitation at any time, day or night, including, but not limited to, any single or multi-family dwelling, church, school, convalescent center or nursing home.
Restrained shall mean secured by a leash, rope, chain, cord or other suitable material attached to the collar or harness of the animal that is capable of restraining the animal or confined through fencing or otherwise within the property limits of its owner.
Restricted animals means any individual species and/or subspecies defined herein as prohibited animals that have been registered and permitted in compliance with the procedures set out in section 14-125 herein.
Running at large (animals at large). (1)
Off-premises:
a.
Any animal, except pet cats, which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off-premises;
b.
Any cat which is creating a nuisance off the owner's property.
(2)
On-premises:
a.
Any animal, except pet cats, not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length;
b.
An animal intruding upon the property of another person other than the owner's shall be termed "at large";
c.
Any animal within a vehicle in a manner that would prevent that animal's escape or contact with other persons or animals shall not be deemed "at large."
Serious injury means bodily injury resulting from severe attack or severe bite from an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal.
Severe attack means an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack.
Severe bite means a puncture or laceration made by an animal's teeth which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, without considerations of rabies prevention alone.
Stray animal (including estray) means any animal, of which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city.
Tag shall mean a vaccination tag attached to a collar as required by this chapter or some other permanent identifying device attached to a collar or to an animal.
Tattoo shall mean a permanent mark which is made on the skin of an animal by puncturing the skin and inserting indelible color, and which is used to show ownership.
Unprovoked attack means that the animal was not hit, kicked, teased, molested or struck by a person with an object or part of a person's body, nor was any part of the animal's body pulled, pinched or squeezed by a person.
Vaccination shall mean an injection of a rabies vaccine which is approved by the U.S. Department of Agriculture, Veterinary Biologics Division, state veterinarian and administered by a licensed veterinarian or at an approved antirabies clinic.
Veterinarian shall mean any person duly licensed to practice veterinary medicine by the state board of veterinary examiners, or who is exempt from such licensing.
Workday shall mean a day from Monday through Friday, excluding city holidays, with each respective day's work hours beginning at 8:00 a.m. and continuously operating until 4:00 p.m.; defining the public's routine access to administrative fee(s) and impound release transactions authorized by this chapter. If the city has contracted with another entity for the provision of shelter, impound, adoption, or surrender services, the hours and days of operation of such entity shall apply.
Wild animal or wildlife shall mean any nondomestic creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a wild state, and which is not naturally tame or gentle, or which, because of its size, vicious nature and other characteristics, constitutes a threat or danger to human life or property including all animals identified herein as prohibited.
Zoological park or zoo shall mean any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of animals, operated by a person or under the auspices of a governmental entity.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2025-36, § 1, 8-26-25)
Sec. 14-2. - Purpose.#
It is the intent and purpose of this chapter to provide a safe and healthy environment within the city for both animals and people. While a person may own and keep animals within the city, the conduct of those animals and the conditions that the animals are kept in should be safe and healthy and should not infringe on the surrounding homes and their inhabitants.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-3. - Enforcement and policy.#
(a)
The provisions of this chapter may be enforced by animal control officers, police offices, code enforcement officers, and such other persons as are designated by the city. Nothing herein is intended to or shall preempt any statutory duty or authority of any federal, state, or local entity or official charged with animal control, estray, control or impoundment, or other animal related matters.
(b)
It shall be unlawful for any person to interfere with, obstruct, resist or oppose any animal control officer or other person authorized to enforce the provisions of this chapter while such person is apprehending an animal or performing any other duties or investigation. It shall be unlawful to take or attempt to take any animal from any animal control officer or from any vehicle used by the officer to transport any animal or to take or attempt to take any animal from the animal shelter or other kennel or confinement area used to impound an animal. It shall be unlawful to conceal an animal or to fail to surrender an animal to an animal control officer who has a warrant or order issued by a judge authorizing the animal control officer to take possession of the animal.
(c)
In all instances of a violation of any provision of this chapter, whether the animal is impounded or not, the owner or keeper of such animal may be cited by an officer who has the authority to enforce this chapter for any violation of this chapter. The animal control division may also by policy establish a conditional written warning procedure relating to registrations, displaying of tags, and general "at large" violations. The receipt of such written warnings does not preclude the animal control division from citing the recipient if the conditions of the written warning are not met in a timely fashion.
(d)
In the enforcement of this chapter, animal control officers and police officers shall have the authority to utilize firearms to kill or otherwise disable any animal to protect themselves, to protect a third person or to protect another animal from attack or threat of imminent injury or to prevent such animal from enduring further pain or suffering as a result of disease or injury. They shall also have the authority to tranquilize or trap any animal, fowl, livestock or wildlife consistent with humane policies adopted by the animal control division.
(e)
Unless specifically provided in this chapter, an offense under this chapter shall not require a culpable mental state. It is the intent of this chapter to impose strict liability for violation of the requirements of this chapter.
(f)
To aid in the administration of this chapter, the animal control division shall by policy making authority of the chief of police, adopt administrative policies and operational procedures consistent with the purpose and intent of this act.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-4. - Powers and duties of citizens.#
Any person who finds an animal which he does not own on property that he owns or exercises control over or on public property may take control of said animal if it is running at large (as provided in section 14-32) and may deliver the animal to an animal control officer, the animal shelter, or an animal emergency medical facility. If the animal is not delivered to an animal control officer, the animal shelter, or an animal emergency medical facility, the person must report that he had taken control of the animal to an animal control officer or the animal shelter within 72 hours. If animal is wearing a tag of any kind or has a tattoo, brand, or other identifying mark, that information shall be included in the report to the animal control officer or animal shelter.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-5. - Penalty.#
(a)
Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. A person who is deemed guilty of violating subsection 14-102(d) herein this chapter shall be liable for a fine no less than $200.00 or more than $500.00. A person who is deemed guilty of violating subsection 14-103(e) herein this chapter shall be liable for a fine no less than $100.00 or more than $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all other remedies provided herein.
(b)
A person commits an offense if, with intent to deceive, he knowingly makes a false report or statement, either verbal or written, that is material to an investigation of an alleged violation of this chapter to an animal control officer or other person authorized to enforce provision of this chapter.
(c)
A person commits an offense if he reports, either verbally or in writing, to a person authorized to enforce provisions of this chapter an offense or incident within that person's concern knowing that the offense or incident did not occur.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-6. - Prima facie evidence.#
In any prosecution charging a violation of this chapter, governing the abuse, neglect or ownership of an animal or failure to license an animal as herein required, proof that the particular property described in the complaint was the premises upon which the animal resided, was harbored or maintained and a violation of any section of this chapter occurred involving said animal, together with proof that the defendant named in the complaint was, at the time of such complaint or at the time when the animal was in violation of this chapter, the registered owner of such animal or the person with legal rights to reside on said property, shall constitute in evidence a prima facie presumption that the registered owner of such animal or the person with legal rights to reside on said property was the owner of the animal and the person who failed to comply with the chapter.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-7. - Abatement of conditions not complying with this chapter.#
Whenever any premises where animals are kept in an unsanitary conditions, or the facilities are not in keeping with provisions of this chapter or any other regulations herein, the animal control division, by written notice on a form provided by police department policy clearly stating the intent of this section, to the person responsible for the condition of the premises, may order the abatement of the conditions which are not in accordance with the chapter or other regulations, or conditions which constitute a nuisance. Failure to comply with such order shall, in addition to any criminal or administrative proceedings, be grounds for and entitle the city to obtain relief by injunction. Nothing herein precludes the city's use of any public health ordinance or law in lieu of nuisance abatement or injunctive relief herein provided.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-8. - Compliance with this chapter not relief from compliance with other regulations.#
The keeping of any animal in accordance with provisions of this chapter shall not be construed to authorize the keeping of the same in violation of the zoning ordinance or any other ordinance of the city.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-9. - Fees.#
The fee schedule found in Appendix B of this Code shall apply to all animals within the city limit. It shall not be construed that the city be required to bear the costs of any animal that has an owner. The owner shall reimburse the city for any actual expenses and shall be responsible for all fees set forth in the fee schedule found in Appendix B of this Code. The City may recover all fees, costs, and damages incurred as a result of the animal as restitution in a criminal proceeding under the provisions of this chapter or the state statute in addition to a fine being charged. In extraordinary circumstances, certain fees related to redemption of impounded animals may be administratively waived for owners with supervisory approval and approval of the entity providing contract impound services, if any; or pay agreements reached between owners and animal control supervisor(s). Such administrative actions shall be guided by animal control's adopted policies and procedures.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2024-08, § 5, 3-12-24)