ARTICLE VII. - COMMERCIAL ANIMAL ENTERPRISES AND MULTIPLE ANIMAL OWNERSHIP
Part of the Code of Ordinances of Burnet, TX.
The text
Sec. 14-181. - Permit required.#
(a)
Permits shall be required for all commercial animal enterprises and multi-animal owners. Commercial animal enterprises shall include but not be limited to enterprises such as kennels, pet shops, riding stables, animal auctions, performing animal exhibition, animal training services, grooming shops, petting zoos, aviaries or any similar entrepreneurial relationships regarding animals. Five or more animals maintained on any one lot shall be considered a multi-animal owner. No person shall maintain, harbor or care for more than five animals of any species without having obtained a multi-animal owner permit, excluding fish.
(b)
All such permits shall be considered commercial except multi-animal owner. Multi-animal owner permits shall be considered as relative only to private multiple animal ownership, with no relationship to any commercial animal enterprise. Multiple animal ownership permits shall not be required for residences with common household pets having "litters" which remain at such residences for a period of time not exceeding three months. The requirement for a multiple animal ownership permit shall be in addition to the license required under section 14-164.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-182. - Permits.#
(a)
Permits shall be valid for one year from date of issuance. The permit fee shall be according to the schedule established in the fee schedule found in Appendix B of this Code.
(b)
The animal control officer upon an inspection finding inconsistent with the permit inspection requirements of this article, may deny the issuance of such permit and prescribe corrections for the applicant to meet the requirements of this article. Applicants shall be given a reasonable amount of time to make such corrections and submit to a re-inspection for compliance. Applicants contesting original denial or subsequent re-inspection denial shall have a right to appeal. Appeal of such denial of permit shall be in writing to the chief of police within ten days from the receipt of the denial notification. If no written appeal is received within the prescribed period the denial is final. Instances of a timely appeal, the chief of police shall conduct a hearing to determine the validity of the denial. At such hearings the formal rules of evidence do not apply and the chief shall make determinations based on a preponderance of evidence presented. The chief shall render a decision within 30 days from receipt of the appeal and the decision of the chief shall be subject to appeal to the city manager, in writing within five days of the ruling being delivered. The city manager may elect to hear the appeal by review or a de novo informal preponderance of evidence hearing. The city manager's decision is final.
(c)
The animal control officer, as a part of random inspections of permitted facilities or upon complaint of noncompliance, finds inconsistencies in permitted facilities' adequately maintaining the requirements set-out in section 14-183 herein this article, the officer may prescribe corrections for compliance. Such corrections shall be made in a reasonable time by the permit holder followed by a re-inspection for compliance. Any permitted facility refusing corrections or failing, after re-inspection, shall be temporarily suspended, pending a hearing to consider revocation of permit. Such a hearing shall be conducted by the chief of police within ten days of the suspension. Proper notice of such a hearing shall be sent, in person or via certified mail (return receipt requested), to the permit holder. The formal rules of evidence do not apply to such hearings and the chief shall make decisions based on a preponderance of evidence presented. The chief may order an inspection/re-inspection by a different officer, make a personal inspection/re-inspection of the permitted premises in addition to other evidence that may be heard. The chief's decision will be rendered within ten days of the hearing and the chief may; 1) uphold the suspension and formally revoke the permit; or 2) vacate the suspension and reinstate the permit to valid status. A default judgment may be entered if the permit holder fails to appear for the hearing after receiving proper notice. Permit holder subject to permit revocation may appeal the chief's ruling to the city manager, in writing within five days of the ruling being delivered. The city manager may elect to hear the appeal by review or a de novo informal preponderance of evidence hearing. The city manager's decision is final.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06; Ord. No. 2024-08, § 5, 3-12-24)
Sec. 14-183. - Facility requirements for permits to board, house or otherwise keep animals.#
Upon inspection of the premises by the animal control officer, the permit shall be issued if the following conditions are met: (1)
The facility must be adequate for the number and type of animals to be kept.
a.
Facility must be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of facility shall be in proportion to the size of the individual animal's height and weight.
b.
Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration.
c.
The premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public.
(2)
The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities.
(3)
The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or to adjacent animals.
(4)
The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring premises.
(5)
The applicant or holder of the permit shall not have been issued citations for violation of this chapter on two separate occasions, or animals covered by or to be covered by the permit have not been impounded on two separate occasions.
(6)
The chief of police shall adopt standard operational procedures for the animal control division consistent with this article in providing guidelines and standards for the inspection of such facilities for permitting and for the periodic monitoring of such facilities. Such permitted facilities may be randomly inspected for compliance with the basic requirements stated herein at any reasonable time for multiple animal owner permitted residence or during regular business hours for commercial animal enterprise permitted facility. Refusal to allow such inspections shall be grounds for permit revocation.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)
Sec. 14-184. - Revocation or suspension of commercial animal enterprise or multi-pet ownership permits.#
Any commercial animal enterprise or multi-pet owner permit may be revoked if the owner's facility is found to be in violation of this chapter, any zoning law, health law or any other applicable ordinance of the city or of the State of Texas, or the facility is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity.
(Ord. No. 2006-09, §§ 2, 3, 3-14-06)