Chapter 6 Animal Care and Control

Provides the dog protection from inclement weather and with dimensions;

Allows the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position;

Allows the dog to avoid standing water;

Allows the dog to avoid exposure to excessive waste, feces, or excrement; and

ADVERSE WEATHER CONDITIONS

Provides shade from direct sunlight.

ADULT DOG/CAT

Any dog or cat four months of age or older.

Includes rain, hail, sleet, snow, high winds, extreme low temperatures, or extreme high temperatures.

ANIMAL

Any living creature, including but not limited to, dogs, cats, pigs, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding humans.

ANIMAL CONTROL AUTHORITY

The animal services division of the city or its designee as determined by the City Council of the City of Burleson, which is authorized to represent and act for Burleson to receive reports of animal nuisances, animals at large, animal bites, and other animal matters, and to investigate bite reports, ensure quarantine of possibly rabid animals, carry out provisions of Texas law pertaining to control and eradication of rabies and otherwise enforce the provisions of this chapter.

ANIMAL SHELTER

Any facility designated and/or operated by the City of Burleson for the purpose of impounding and caring for animals held under authority of this chapter.

APIARY

A place where honey bee colonies are kept.

AT LARGE

Any animal of any family or breed, other than a cat, which is:

On premises of owner and not confined to premises of owner by a building, wall, or substantial fence of sufficient strength, height and construction to prevent the animal from escaping therefrom, or secured on the premises, as described in section 6-9(d) of this chapter, by a chain or leash sufficient in strength to prevent the animal from escaping the premises and so arranged that the animal will remain on the premises when the leash or chain is stretched to full length.

Off premises of owner and is not either:

Confined within the animal owner or handler's vehicle in such a manner as to preclude the animal from making any unsolicited contact with any person or their property, provided such confinement is in accordance with section 6-9(j) of this chapter, or

Otherwise restrained by means of a leash or chain, as described in section 6-9(d) of this chapter, or by other physical apparatus of sufficient strength and length to preclude the animal from making any unsolicited contact with any person or their property.

AT LARGE CAT

Any cat which is off the premises of its owner and not secured within a vehicle and/or restrained by means of a crate, carrier, leash, or other physical apparatus to preclude the animal from making any unsolicited contact with any person, their clothing, their property, and/or their premises. Any cat intruding upon the property of any person other than the cat's owner shall be deemed at large.

BEEKEEPER

A person who owns, leases, or manages one or more colonies of honey bees, whether for private or commercial purposes.

BODILY INJURY

Physical pain, illness, or any impairment of physical condition.

CAT

A domesticated member of the Family Felidae (felis catus).

CITY

The City of Burleson Municipal Government.

CITY LIMITS

The corporate city limits of Burleson, Texas.

COLLAR

Any collar constructed of nylon, leather, or similar material, specifically designed to be used for the type of animal wearing or being restrained by it.

COLONY

A hive and its equipment and appurtenances including honey bees, comb, honey, pollen and brood.

CRUELLY TREATED

Includes tortured; seriously overworked; unreasonably abandoned; unreasonably deprived of necessary food, care, or shelter; cruelly confined; caused to fight with another animal; or subjected to conduct prohibited by Texas Penal Code, Section 21.09, as amended.

CURRENTLY VACCINATED

Vaccinated for rabies and satisfying the following criteria: The owner of each dog or cat shall have such animal vaccinated against rabies before four months of age and shall obtain a booster for the dog or cat within 12 month of the initial vaccination. After the dog or cat has received its booster, the dog or cat shall be revaccinated:

No longer than 12 months thereafter for one-year-dose vaccinations; or,

No longer than every 36 months thereafter for three-year-dose vaccinations.

DANGEROUS ANIMAL

An animal that:

Makes an unprovoked attack on a person or other domestic animal that causes serious bodily injury or death; or

Is not in a secure enclosure or safely restrained as described in section 6-9(d) of this chapter, and acts, unprovoked, in such a way as to cause a person to reasonably believe that the animal will attack and cause bodily injury, serious bodily injury, or death to that person or another domestic animal.

DANGEROUS WILD ANIMAL

An animal of a species, other than a common domestic species, that poses a potential physical or disease threat to the public regardless of state and duration of captivity, including but not limited to the following:

CLASS REPTILIA

Family Helodermatidae (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cotton mouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas and other Elapid); the following listed species of Family Colubridae - Dispholidus typos (Bloom slang), Hydrodynastes gigas (water cobra), Boiga (mangrove snake) and Thelotornis (African twig snake) only; Order Phidia, Family Doidae (racers, boas, water snakes and pythons) and Order Crocodilia (crocodiles, alligators, caimans and gavials);

CLASS AVES

Order Falconiforms (such as hawks, eagles and vultures); Subdivision Ratitae (such as rheas, and cassowaines); and Order Sting forms (such as owls);

CLASS MAMMALIA

Order Carnivora, Family Felidae (such as lions, cheetahs, bobcats, lynxes, servals, caracals, ocelots, margays, tigers, jaguars, binturongs, leopards and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, dingoes, hyenas, coyotes, jackals or hybrids thereof), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, mink and badgers), except ferrets; Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); Order Edentata (such as sloths, anteaters and armadillos); Order Proboscidae (elephants); Order Primata (such as monkeys, chimpanzees, orangutans, and gorillas); and Order Ungulata (such as antelope, deer, bison and camels, except where harbored on property which is zoned for agricultural use and is at least five acres); and

OTHER DANGEROUS ANIMALS NOT LISTED

The animal control authority may declare any species of animal not listed in this definition as prohibited if the confinement of the animal within Burleson can be shown to constitute a threat to public health and/or safety.

DEEP BOX

Structure for housing bees that has a depth not large than 9⅝ inch deep.

DOG

Any domesticated member of the family Canidae, but shall not include a wolf, jackal, coyote, fox or other dangerous wild animal of this family or hybrid thereof.

FOWL

Chickens, turkeys, pheasant, quail, geese, ducks, ostriches, emus, pigeons, or similar feathered animals regardless of age, sex or breed.

FOWL SHELTER

A farm building or structure specifically designed and constructed to constrain fowl within its confines that provides adequate space for movement and exercise; adequate ventilation, and shelter from sun, wind, cold, and moisture; provides sufficient shade to protect the animal from the direct rays of the sun at all times; and which is cleaned and sanitized. Fowl shelter may include, but is not limited to, a pen, coop or hutch.

HARNESS

A set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control an animal.

HIVE

A structure intended for the housing of a honey bee colony.

HONEY BEE

Any stage of the common honey bee, Apis mellifera species.

HYBRID

The product of mating two different species of animal regardless of the number of generations born since that original mating.

KENNEL

Any premises where any person engages in the business of boarding, breeding, buying, letting for hire, or selling dogs, cats, or other animals and that is located within the corporate limits of the City of Burleson on property zoned to allow such use as outlined in the city's zoning regulations.

LIVESTOCK

Horses, mules, donkeys, cattle, goats, sheep, emus, and ostriches, and any member of the order Ungulata (such as antelope, deer, bison and camels) regardless of age, sex, size or breed.

MEDIUM BOX

Structure for housing bees that has a depth not larger than 6⅝ inch deep.

MICROCHIP

An identification chip implanted under the skin of an animal for the purpose of identifying its owner.

NUISANCE ANIMAL

Any animal which negatively impacts the health, safety, property, or environment of another animal or person, including, but not limited to, any animal which:

Molests passersby or passing vehicles;

Attacks other domestic animals;

Trespasses on school grounds;

Is repeatedly at large;

Climbs upon a motor vehicle belonging to another;

PERFORMING ANIMAL EXHIBITION

Damages private or public property not belonging to the animal's owner;

(7)

Barks, whines, or howls in an excessive, continuous, or untimely fashion;

(8)

Tears, punctures, or otherwise opens refuse containers, causing their contents to be emptied or exposed to the elements;

(9)

Causes fouling of the air by odor, thereby creating an unreasonable annoyance or discomfort to a person of ordinary sensibilities in close proximity to the premises where the animal is kept or harbored, or

(10)

Defecates on any property except that belonging to the animal's owner

(11)

Interferes with refuse collection or other service personnel.

OWNER

Any person, firm or corporation that has a right of property in an animal or that has care, control, custody or possession of an animal or that provides a premise to which the animal returns for food, shelter or care for a period of three consecutive days.

Any spectacle, display, or act or event other than circuses in which animals perform tricks, feats, or other exhibitions of training.

PERSON

Any individual, firm, association, syndicate, partnership, corporation, or other entity.

PET SHOP

An establishment offering small animals such as dogs, cats, birds, fish, ferrets, and similar animals which are not dangerous wild animals or livestock, for sale, and that is located within the corporate limits of the City of Burleson on property zoned to allow such use as outlined in the city's zoning regulations.

PROPERLY FITTED

With respect to a collar or harness, a collar or harness that is appropriately sized for the dog or cat based the measurements and body weight of the dog or cat and does not choke the dog or cat or impede the dog's or cat's normal breathing or swallowing and does not cause pain or injury to an animal.

REGISTRATION

The requirement for all dogs and cats and any animal declared to be dangerous to be registered annually with the City of Burleson, for all relevant fees to be paid, and for all animals to be wearing appropriate city-issued registration tag(s).

RESTRAINT

A chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system.

SECURE ENCLOSURE

A fenced area that is locked; capable of preventing the entry of the general public, including children; capable of preventing the escape or release of an animal; and, if applicable, clearly marked as containing a dangerous dog.

SERIOUS BODILY INJURY

An injury characterized by bite wounds or ripping and tearing of muscle and/or bodily tissues that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.

SERVICE PERSONNEL

Any person providing legitimate, authorized service to a property including, but not limited to, public safety personnel; utility technicians; letter carriers, couriers, or delivery personnel; plumbers, electricians, lawn maintenance workers, pest control professionals, or contractors; and others in comparable service professions.

SHALLOW BOX

Structure for housing bees that has a depth not larger than 5⅞ inch deep.

SPAY OR NEUTER

A medical procedure removing the reproductive organs or otherwise rendering a dog or cat unable to reproduce.

STERILIZATION

The surgical removal of the reproductive organs of a dog or cat or the use of nonsurgical methods or technologies approved by the United States Food and Drug Administration or the United States Department of Agricultural to permanently render the animal unable to reproduce.

SWINE

Pigs, hogs, potbellied pigs, or any member of the family Suidae.

UNPROVOKED

The animal was not hit, kicked, struck, pulled, pinched, squeezed, etc. by a person or an object, and the animal was not provoked or taunted in a manner that an ordinary person would find unreasonable or objectionable.

VACCINATED

Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the State of Texas.

§ 6-2 Rabies control.

(Ord. No. B-749-06, § 1(3-2), 4-13-2006)

Vaccinations.

An owner of a dog, cat, or other animal for which a rabies vaccination is commonly given shall keep the animal currently vaccinated against rabies. Any person moving into Burleson from a location outside of Burleson shall comply with this section within ten days after moving into Burleson, except when the animal has inflicted a bite on a human within the previous ten days. In such case, the owner of the animal shall report the bite to the veterinarian and the Burleson Animal Control Authority within 24 hours of the animal's arrival in the Burleson city limits. No rabies vaccine shall be administered until after the ten-day observation period.

Certificate of vaccination.

Upon vaccination, the veterinarian shall execute and furnish to the owner of the animal as evidence thereof a vaccination certificate on a form furnished by the veterinarian. The veterinarian shall retain a duplicate copy. The certificate shall contain the following information:

The name, address and telephone number of the owner of the vaccinated animal;

The date of vaccination;

The year and number of the rabies tag; and

The breed, age, color and sex of the vaccinated animal.

Rabies tags.

Concurrent with the issuance and delivery of the certificate of vaccination referred to in subsection (b) above, the owner of the animal shall:

Outfit the animal with a collar or harness, and

Affix a metal tag, serially numbered to correspond with the vaccination certificate number, bearing the year of issuance and the name and address of the issuing veterinarian to the collar or harness, and

Require the animal to wear the collar or harness with the attached metal tag at all times.

Duplicate tags. In the event of loss or destruction of the original tag provided in subsection (c), the owner of the animal shall obtain a duplicate tag from the veterinarian who administered the vaccination. Vaccination certificates and tags shall be valid only for the animal for which they were originally issued.

Animals exposed to rabies.

Any person having knowledge of the existence of any animal known to have been, or suspected of being, exposed to rabies shall report such knowledge to the animal control authority within 24 hours, giving any information which may be required. Any animal that has been, or is suspected of having been, exposed to rabies shall be quarantined in accordance with Texas Health and Safety Code, Chapter 826.

§ 6-3 Animal bites to humans.

(Ord. No. B-749-06, § 1(3-3), 4-13-2006)

Reporting animal bites.

A person having knowledge of an animal bite to a human, except bites by rodents, rabbits, fowl, or reptiles, shall report the incident to the animal control authority as soon as possible, but no later than 24 hours after the time of the incident. The animal control authority will investigate each bite incident.

Any person moving into Burleson from a location outside the city limits and owning an animal which has inflicted a bite on any person in the last ten days, shall report such fact to the veterinarian and the Burleson Animal Control Authority within 24 hours of the animal's arrival in the Burleson city limits.

§ 6-4 Procedures for animal quarantine.

Owner responsibility.

If the biting animal is owned, the owner shall place that animal in quarantine, as prescribed in section 6-4 below, under the supervision of the animal control authority or a licensed veterinarian.

(Ord. No. B-749-06, § 1(3-4), 4-13-2006)

Disposition of biting animals.

The owner of an animal subject to quarantine pursuant to this chapter is required to quarantine the animal for a period of not less than ten days confinement from the date of the bite, at the owner's expense. The quarantine may be accomplished by:

Quarantine in the animal shelter, supervised by the local animal control authority;

Quarantine at a veterinary clinic, supervised by a licensed veterinarian; or

Home quarantine. The owner of the animal may request permission from the animal control authority for home quarantine, which may be granted if the animal control authority determines that:

Secure facilities are available at the home of the animal's owner and the animal control authority has approved them;

The animal is currently vaccinated against rabies as required by state law;

The nature of the bite is not severe;

A quarantine fee as specified in the fee schedule is paid to the city;

The animal has not been running at large at the time the bite occurred;

The animal has not been quarantined for a previous bite incident; and

The bite victim agrees to the home quarantine.

Observation of the animal.

The animal control authority or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the person having possession of the animal shall notify the animal control authority as soon as the animal presents with symptoms of any illness.

Destruction of animal.

If the biting animal cannot be maintained in secure quarantine, it shall be humanely destroyed and the brain submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis. The owner of the animal may be requested to reimburse the expense of shipping the brain of the animal.

Interruption.

A person commits an offense if the person interrupts the observation period by removing an animal from the quarantine facility approved by the animal control authority. Any interruption of the quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the animal control authority.

Release.

An animal that has been quarantined may be released by the local rabies control authority under the following conditions:

At the end of the observation period, if the owner can provide proof that the animal is currently vaccinated,

When all applicable fees have been paid; and

If the animal is not being impounded for legal proceedings.

If, by the end of the observation period, the owner cannot provide proof that the animal is currently vaccinated, the animal control authority will conditionally release the animal with a voucher for rabies vaccination paid for by the animal's owner. The owner commits an offense if (s)he does not provide proof of vaccination to the animal control authority within one business day of the animal's release from quarantine.

Dangerous wild animals.

No dangerous wild animal will be placed in quarantine. Any dangerous wild animal involved in a biting incident will be humanely euthanized and the brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis.

Disposition of unclaimed, quarantined animal.

If the owner of a quarantined animal does not take possession of the animal, it may be disposed of in accordance with section 6-11, and Texas Code § 826.043(d).

§ 6-5 Animals in city athletic fields.

(Ord. No. B-749-06(A0413), § 2, 4-15-2013)

Dogs are prohibited from entering through the entryway gates and into the spectator and playing field areas at Chisenhall Fields. Dogs are permitted in the parking lot, pedestrian trail and other undeveloped areas of the park.

This section does not apply to a service animal if the service animal is under the control of its disabled owner and the animal does not pose a direct threat to the health or safety of others.

§ 6-6 Maximum number of dogs and cats.

(Ord. No. B-749-06, § 1(3-6), 4-13-2006)

[Number of dogs and cats.]

Except as provided by this section, no residence within the city shall harbor more than four adult dogs, four adult cats, or four adult dogs and cats in any combination. No residence within the city shall harbor more than one litter of puppies or one litter of kittens at any given time.

Multi-pet permit.

Any person desiring to keep more than four adult dogs and/or cats or more than one litter of puppies or kittens at a residence may apply with the animal control authority for a multi-pet permit. The applicant shall pay an application fee at the time of filing.

The animal control authority is authorized to issue such a permit if the following conditions are met:

An applicant provides the animal control authority with information concerning the maximum number of animals to be kept at any one time at such premises and a record search indicates that no enforcement action for violations of this chapter dealing with nuisances has been necessary within the preceding 12 months, and

The animal control authority inspects the property; inspection to include interviews with occupants of all immediately adjacent properties, and deems it appropriate for housing multiple pets based on criteria including, but not limited to:

Facilities shall be of sufficient size as to allow each animal to move about freely. Size of the facility shall be in proportion to the size of the individual animal's height and weight.

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.

The said 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.

The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities.

The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals.

The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining or adjacent premises.

All animals must be vaccinated and must wear current tags at all times in accordance with this chapter.

Fees for the issuance of a multi-pet permit shall be set by city council.

Such permit may be revoked by the animal control authority for cause, including but not limited to, violations of the provisions of this chapter or the inability of the permit holder to keep the animals in a healthy or sanitary environment.

Multi-pet permits must be renewed annually and each renewal will require inspection and approval by the animal control authority or its designee.

Any person either denied a multi-pet permit, or who has had their permit revoked, may file an appeal with the city manager. Such appeal must be made in writing within ten days of receiving written notice from the animal control authority of the permit denial or revocation. If no appeal request is filed within the ten-day period, the denial or revocation of the permit becomes final. Upon receiving an appeal, the city manager or his/her designee shall hold a hearing at a time and place of his/her designation. Based upon the recorded evidence of such hearing, the city manager or his/her designee shall make a final finding.

Changes in residence or ownership. Multi-pet permits are issued for specific owners of a specific property. Application for a new multi-pet permit will be required if:

The original permit holder moves to a new residence within the city limits and wishes to keep more than four adult dogs/cats or more than one litter of puppies/kittens on the new property, or if

Ownership of the property for which a permit was originally issued changes and the new owners desire to keep more than four adult dogs/cats or more than one litter of puppies/kittens.

§ 6-7 Kennel/pet shop requirements.

(Ord. No. B-749-06, § 1(3-7), 4-13-2006)

Kennels and pet shops shall be located and operated in accordance with the city's zoning regulations.

Kennel permits.

Kennels may only be operated within the city limits of Burleson if permitted by the city. The animal control authority is allowed to issue such a permit if:

The property and facility are inspected by the animal control authority or its designee and are determined to meet the requirements of this chapter as regards the care and treatment of animals, nuisance, and the prevention of zoonotic disease.

The owner/operator of the kennel has paid the kennel permit fees established by city council.

Kennel permits must be renewed annually and each renewal will require inspection and approval by the animal control authority or its designee.

A kennel permit may be revoked by the animal control authority for cause, including but not limited to, violations of the provisions of this chapter or the inability of the permit holder to keep the animals in a healthy or sanitary environment.

Kennels and pet shops must be operated and all animals must be cared for in accordance with the Texas Health and Safety Code and this chapter.

§ 6-8 Prohibited animals.

(Ord. No. B-749-06, § 1(3-8), 4-13-2006; Ord. No. B-749-06(A0413), § 3, 4-15-2013; Ord. No. CSO#559-01-2017, §§ 1, 2, 1-3-2017; Ord. No. CSO#732-11-2017, § 1, 11-13-2017)

Dangerous wild animals.

A person commits an offense if the person keeps a dangerous wild animal. It is an affirmative defense to prosecution for this violation that the dangerous wild animal is kept as part of a circus, performing animal exhibition, zoological park, or to individuals keeping wild animals as properly permitted wildlife rehabilitators, as required by state and federal regulations.

Swine.

A person commits an offense if the person keeps swine on any property within Burleson's corporate limits.

Livestock and fowl.

Livestock and fowl, that are kept, owned or harbored within a land use zoning classification allowing same shall constitute a nuisance if any such animal is kept, fenced, stabled, or pastured within 100 feet of an occupied building. The term "occupied building" as used herein shall mean a building occupied by any person, other than buildings and structures owned or controlled by the owner of the animals involved. This subsection does not apply to "occupied buildings" constructed after the keeping of any livestock and/or fowl is in place, or if the land upon which the animals are maintained is zoned "A-Agriculture."

Any animal of the order Ungulata (such as antelope, deer, bison and camels) may not be kept on parcels of land of less than five acres and which are not zoned for agricultural use.

The keeping of livestock and fowl within the zoning classification "SFE-Single Family Estate" is prohibited, except horses and mules.

Tracts or parcels of land of less than ten acres that are zoned as "SFE-Single Family Estate" may maintain horses and/or mules at a rate of two head for the first full acre under fence and an additional one head per fenced acre thereafter. Pasture fencing must be a minimum of five feet in height at its lowest point and cannot extend into the front yard between the main building structure and the street.

Horses and/or mules kept on land zoned as "SFE-Single Family Estate" shall be provided with a minimum of a three-sided roofed shelter, approved by the city, with a minimum of 300 square feet per animal.

Pigeons kept for purposes of competition and registered with a recognized association of pigeon fanciers shall be an exception to this section, provided that:

A person may not keep more than 100 pigeons at one location.

The enclosure for such birds is maintained in a sanitary and odor-free condition, and is located no less than 50 feet from an adjacent residential or commercial structure, excluding the residence or business of the owner.

Exceptions for keeping of certain fowl.

For the purposes of this subsection, fowl shall be limited to female chickens, hens. This subsection does not apply if the land upon which the animals are maintained is zoned "A—agricultural." A person commits an offense if the person knowingly:

Keeps or maintains more than four fowl;

Keeps or maintains fowl in an adequate fowl shelter, including the fenced run, at a distance closer than 25 feet of an "occupied building" as defined in subsection 6-8(c);

Fails to provide an adequate fowl shelter as defined in section 6-1;

Keeps or maintains fowl in the front yard area;

Fails to provide fowl with fresh, clean water and food;

Fails to store fowl feed in secure containers protected from rodents, insects and other animals;

(7)

Keeps or maintains roosters;

(8)

Slaughters fowl;

(9)

Fails to keep or maintain fowl within a fowl shelter, pen, coop or hutch as defined in section 6-1. A fenced yard shall not qualify as a pen, coop or hutch;

(10)

Keeps or maintains fowl in a manner that creates offensive odors, fly breeding, or any other nuisance or condition that is injurious to the public safety, or welfare;

(11)

Sells eggs for profit. Any eggs produced by fowl permitted under this section shall be for personal use only;

(12)

Fails to allow an animal control officer to inspect the fowl shelter, pen, coop, or hutch and related premises.

Variance request for keeping certain fowl.

Any person who cannot fully meet all requirements set forth in subsection 6-8(d) for the keeping of certain fowl may file a request for a variance.

A request for a variance shall be made in writing and shall clearly state the nature and reason for the requested variance.

The applicant must file his or her request with the city manager or his or her designee.

Public hearing and written notice required.

The city council shall hold a public hearing within 30 days after the variance request is filed.

Notice of the public hearing shall be given the 15th day before the date of the hearing by:

Publication in the official newspaper of the city; and

By written notice to the owners of lots that are within 200 feet of the lot(s) to requesting the variance as indicated on the city's most recently approved tax roll or appraisal district records.

The city council may approve or deny the requested variance as it deems appropriate. The city council may place conditions on approval of any variance granted under this section.

The decision made by the city council shall be final.

Exception for keeping swine and certain animals for bona fide or accredited educational purposes at a high school agricultural facility.

It is an exception to the application of this section 6-8 that otherwise prohibited animals, including swine and other livestock and farm animals including, sheep, swine, goats, horses and cattle may be housed, pastured and fed within the city limits for certain educational purposes at a high school agricultural facility. The exemption extended above to high school agricultural facilities shall apply only to facilities situated upon property that is owned and maintained by a public school district or a private school. The exception described herein does not include declared dangerous animals as defined herein or state law.

Eligibility to keep certain animals.

In order to keep any of the animals listed in subsection 6-8(f) of this article for educational purposes, the person responsible for the care and feeding of the animal or animals shall be enrolled as a student in a vocational agriculture course sanctioned by the state education agency, and such animals must be maintained by the student as a vocational agriculture project the maintenance of which will affect that student's grade.

Immunizations.

All animals maintained for educational purposes shall be given any immunizations ordinarily required for the responsible maintenance of that particular breed and species. Certification of such immunization shall be provided by the vocational agriculture instructor upon request by a city inspector.

Certification to be provided on request.

Certification of any animal as a vocational agriculture project shall be provided at the request of a city inspector by the vocational agriculture instructor.

Applicability of other ordinances.

The organization, district, or person in charge of animals exempt under this subsection from the other requirements and provisions of section 6-8 shall not be relieved of the operation of any of the other applicable provisions of this Code, including, without limitation, those governing sanitary conditions, nuisances, and noises.

Animals used for educational purposes must be kept within enclosures which may include fences, corrals, barns, pens, etc., and be sufficient to meet the sanitary standards stated herein.

Property owners keeping swine, livestock or other animals for educational purposes must maintain such animals in a manner that does not cause a nuisance and create an adverse impact to neighboring properties. Potential negative impacts on adjacent properties include odors, noise, drainage, erosion, insects and rodents.

Variance request for keeping swine and certain animals for educational purposes.

Any person who cannot fully meet all requirements set forth in subsection 6-8(f) for the keeping of swine and certain animals for educational purposes may file a request for a variance.

A request for a variance shall be made in writing and shall clearly state the nature and reason for the requested variance.

The applicant must file his or her request with the city manager or his or her designee.

Public hearing and written notice required.

The city council shall hold a public hearing within 30 days after the request is filed.

Notice of the hearing shall be given before the 15th day before the date of the hearing by:

Publication in the official newspaper of the city; and

By written notice to the owners of lots that are within 200 feet of the lot(s) requesting the variance as indicated on the city's most recently approved tax roll or appraisal district records.

The city council may approve or deny the requested variance as it deems appropriate. The city council may place conditions on approval of any variance granted under this section.

§ 6-9 Care and humane treatment of animals.

The decision made by the city council shall be final.

(Ord. No. B-749-06, § 1(3-9), 4-13-2006; Ord. No. C-635-07, § 2, 9-27-2007; Ord. No. CSO#302-09-2015, § 2, 9-8-2015; Ord. No. 3024-08-2022, 8-1-2022)

Owner's duty to provide food, shelter, and care.

The owner or person who has custody or control of any animal shall:

Keep the animal in clean, sanitary, and healthy condition; and

Provide the animal sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal's good health; and

Provide the animal constant and adequate supply of fresh, clean, potable water served from a clean container that keeps the animal hydrated for environmental conditions; and

Provide the animal care and veterinarian medical treatment for injuries, parasites, and disease that is sufficient to maintain the animal in good health and minimize and prevent suffering; and

Maintain the animal's shelter (pens, kennels, coops, fenced areas and enclosures of any kind) in sanitary condition, including, but not limited to, disposing all animal waste promptly, and all pens and enclosures shall be cleaned as needed to prevent odors and not attract insects or other vermin or create a nuisance; and

Provide the animal with adequate shelter that:

Is large enough for the animal to enter, stand, turn around, and lie down in a natural manner; and

Keeps the animal dry; and

Provides the animal natural or artificial shade from direct sunlight, and

Protects the animal from excessive heat and cold and other adverse weather conditions; and

Is adequately ventilated.

Abuse of animals prohibited.

No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dog fight, cock fight, or other combat between animals or between animals and humans.

Abandoning an animal.

It shall be unlawful for an owner or other person having custody or control of any animal to abandon such animal, including the abandonment of any animal at the animal control facility.

Cropping, docking, or castrating.

It shall be unlawful for a person other than a licensed veterinarian to crop a dog's ears, dock an animal's tail; or castrate an animal; provided, however, that this subsection shall not apply to normal livestock operations occurring within the city.

Striking animal with vehicle.

The operator of any motor vehicle which strikes or injures a domesticated animal shall stop and immediately render aid and report such incident to the animal control authority or the police.

Tying dogs and other animals.

A person commits an offense if the person ties or tethers a dog or other animal in an unenclosed front or back yard, or by a fixed point, chain, or tether, so as to create, as determined by the animal control authority, an unhealthy situation for the animal or a potentially dangerous situation for a person or another animal. A person restraining a dog with a tether shall attach the tether to a properly fitted collar, not wrap a tether directly around the animal's neck.

An owner may not leave an animal outside and unattended by use of a restraint that unreasonably limits the animal's movement:

Between the hours of 10:00 p.m. and 6:00 a.m.;

Within 500 feet of the premises of a school; or

In the case of extreme weather conditions, including conditions in which:

The actual or effective outdoor temperature is below 32° F.;

A heat advisory has been issued by a local or state authority or jurisdiction; or

A hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service.

A restrained animal must have access to potable water and adequate shelter from the elements, have a restraint that does not become entangled, and stay within the owner's property.

Penalty.

A peace officer or animal control officer who has probable cause to believe that an owner is violating this section shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.

A person commits an offense if the person is provided a statement as described in subsection a and fails to comply with this section within 24 hours of the time the owner is provided the statement. An offense under this section is a Class C misdemeanor.

A person commits an offense if the person violates this section and has previously been convicted of an offense under this section. An offense under this subsection is a Class B misdemeanor as provided in V.T.C.A., Health and Safety Code § 821.079.

If a person fails to comply with this subsection with respect to more than one animal, the person's conduct with respect to each animal constitutes a separate offense.

If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Hand-held leashes.

This section does not prohibit a person from walking an animal with a hand-held leash.

Fences/enclosures.

A person commits an offense if the person keeps a dog or other animal within a fence/enclosure which is in such a state of disrepair that the animal may escape or be injured or may pose a threat to passers by.

Young rabbits and fowl.

A person commits an offense if the person sells, offers for sale, barters or gives away as toys, premiums or novelties, baby chickens, ducklings or other fowl under three weeks old and rabbits under two months old, unless the manner or method of display is first approved by the animal control authority.

Dyed animals.

A person commits an offense if the person colors, dyes, stains or otherwise changes the natural color of any chickens, ducklings, other fowl or rabbits, or possesses, for the purpose of sale or to be given away, any of the above-mentioned animals which have been so colored.

(j)

Animals not to be used as prizes or inducements.

A person commits an offense if the person gives away or auctions any animal as a prize for, or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade.

(k)

Hunting and trapping.

No person may hunt, trap, wound, kill, maim, torture or otherwise threaten the health and safety of any indigenous wild animal in the city limits of Burleson, excluding the trapping of nuisance wildlife under the authorization and supervision of the animal control authority; also excluding any person who holds a seasonal hunting license for a species for which there exists a hunting season, and that person's hunting activities occur on property which is properly zoned, and property owner's permission has been granted for such activity; or a person holds proper permits issued by the animal control authority or Texas Parks and Wildlife.

(l)

Animals in parked vehicles.

A person commits an offense if the person leaves any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare. The animal control authority or peace officer is authorized to use reasonable force to remove an animal from a vehicle whenever it appears the animal's health, safety or welfare is or soon will be endangered, and said animal shall be impounded.

(m)

Seizure.

The animal control authority shall liberally utilize the authority granted by V.T.C.A., Health and Safety Code § 821.022 to seize and impound any animal, if the animal control authority has reason to believe that an animal has been or is being cruelly treated, pending a hearing before the municipal court on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such delay endangers the life of or would unreasonably prolong the suffering of the subject animal.

(n)

Displaying for commercial purposes.

A person commits an offense if the person displays any live animal for a commercial purpose on any roadside, public right-of-way, or commercial parking lot. Commercial purpose shall include, but not be limited to, intent to sell, trade, barter, lease, rent, or give away, any live animal.

A person commits an offense if the person receives any live animal through sale, trade, barter, lease, rent, or give away conducted on any roadside, public right-of-way, or commercial parking lot.

(o)

Class A misdemeanors.

A person commits a class A misdemeanor offense if that person violates V.T.C.A., Penal Code §§ 42.09, 42.091, or 42.092, as currently written or as may be amended.

(p)

Class C misdemeanors.

The animal control authority shall determine whether to file a violation of this section as a class C misdemeanor or class A misdemeanor depending on the degree of abuse or neglect.

(q)

Other law.

The actions prohibited by this section are in addition to any prohibitions existing elsewhere in this Code or any applicable state or federal law. Nothing in this section shall be construed to limit any duty imposed on an owner by any other provisions of this Code or any applicable state or federal law.

§ 6-10 Animals at large.

(Ord. No. B-749-06, § 1(3-10), 4-13-2006)

Generally.

An owner of any animal commits an offense if the animal is at large. For purposes of this section, an offense occurs without regard to any culpable mental state of the owner and there shall be an irrebuttable presumption that any animal which is at large shall have become so by the permission of its owner or harborer.

Confinement during estrus.

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 such enclosure shall be so constructed that no other dog or cat from outside such enclosure may gain access to the confined animal, other than as intended for planned breeding. Owners not complying may be ordered by the animal control authority to remove the animal in heat to a boarding kennel, veterinary hospital, or animal shelter for the duration of estrus. All expenses incurred as a result of such confinement shall be the responsibility of the owner. Failure to comply with the removal order of the animal control authority shall be a violation of this chapter and the dog or cat may be impounded.

Impoundment.

The animal control authority is authorized to impound any animal at large.

§ 6-11 Impoundment.

(Ord. No. B-749-06, § 1(3-11), 4-13-2006; Ord. No. CSO#033-06-2014, § 1, 6-16-2014; Ord. No. CSO#302-09-2015, §§ 3, 4, 9-8-2015)

Generally.

Any animal violating any provisions of this chapter may be impounded by the animal control authority.

Complainant.

If any animal named in this chapter is found at large upon the premises belonging to any person other than the animal's owner, the owner or occupant of the premises may confine such animal in a humane manner until he can notify the animal control authority to impound such animal. When so notified, it shall be the duty of the animal control authority to have such animal impounded, as soon as possible, as herein provided.

Impoundment period.

An impounded animal, including those released from quarantine, shall be kept for three days excluding the date of impoundment, except that any animal wearing a current tag or microchip shall be kept for five days excluding the date of impoundment. In calculating the length of time, the first day after impoundment shall be day one. If the owner of such impounded animal does not timely claim it, disposition will be in accordance with this subsection (e) below.

Redemption.

All impounded animals, including those released from quarantine, other than dangerous wild animals, shall be available for immediate redemption by the owner once the owner has presented the city with his/her photo identification and has paid all applicable fees or has complied with all of the animal control authority's directives and is eligible for waiver of certain fees.

All animals reclaimed, except dangerous wild animals, shall be, at the owner's expense, microchipped and registered with the microchip company before leaving the animal shelter.

An impounded dangerous wild animal shall be available for immediate redemption by the owner or a person designated by the owner, if such owner or person holds a certificate of registration issued by an animal registration agency, as provided in § 822.103 of the Texas Health and Safety Code, after the owner pays all applicable fees and signs an agreement with the city to immediately transport the dangerous wild animal outside the city limits, not to keep the dangerous wild animal at any time within the city limits, and authorizing the city to humanely destroy the dangerous wild animal if it comes inside the city limits again.

Adoption of animals.

The animal control authority or the contracted veterinarian shall be the sole judge as to whether a cat or dog is healthy enough for adoption, and its health and age adequate for vaccination. However, such decision by the animal control authority shall not constitute a warranty of the health or age of the animal.

All dogs and cats which are adopted through the city animal shelter shall be sterilized/altered to prevent reproduction in that animal provided the animal is eight weeks or older or two pounds or more in body weight.

All dogs and cats which are adopted through the city animal shelter and are over four months of age shall be vaccinated for rabies.

If an animal is already sterilized (spayed or neutered), the animal can be released from the shelter the same day of the adoption.

A person adopting an animal from the animal control authority does not have legal ownership of the animal until the animal is sterilized (spayed or neutered) and claimed by adopter from the contracted veterinarian.

If the animal is rejected for sterilization and a person is approved to take the animal home on a spay/neuter waiver, that person will be required to return when the animal is healthy and have the surgery completed, as indicated in the signed contract at the time of adoption, have the surgery completed.

The animal control authority personnel will schedule the animal(s) for the sterilization and vaccination.

The animal control authority will transport the animal(s) to an available contracted veterinarian. The person adopting the animal(s) will be required to pick up the animal at the contracted veterinarian office.

If an animal is not eligible for sterilization before leaving the shelter due to age or medical condition, the animal shelter authority shall accept verification from a licensed veterinarian.

Failure of an adopter to comply with the terms outlined in this section will result in the refusal by the animal control authority to release the adopted animal still in the possession of the animal shelter.

The animal control authority reserves the right to refuse to adopt any animal if it is believed that the adoption may create a risk to the animal's health and safety.

Failing to comply with the terms of the adoption contract will constitute violation of this section.

The fee for the adoption(s) will be collected in accordance to the fee schedule.

Disposition of unclaimed animals.

Any animal that is not timely claimed by its owner may be adopted, transferred to a nonprofit humane organization, humanely euthanized, or sold, as determined by the animal control authority.

All dogs and cats adopted from the Burleson Animal Shelter shall be microchipped and/or registered with the microchip company at the adoptive owner's expense.

Disposal of dangerous wild animals.

Any dangerous wild animal may be immediately, humanely disposed of as deemed appropriate by the animal control authority if the dangerous wild animal cannot be safely impounded.

Baby animals.

Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide adequate nutrition and the baby animal is suffering may be immediately euthanized or given to a nonprofit humane organization for the purpose of veterinary care, as determined by the animal control authority.

Owner relinquishing responsibility.

An owner who no longer wishes responsibility for an animal may sign a written waiver supplied by the animal control authority allowing the animal to be immediately euthanized in a humane manner, adopted, sold, or care and custody may be transferred to a nonprofit animal welfare organization approved by the animal control authority.

Injured animals.

Any impounded animal that appears to be suffering from injury or illness may be immediately euthanized in a humane manner or care and custody may be transferred to a nonprofit animal welfare organization, approved by the animal control authority, for the purpose of veterinary medical care, as determined by the animal control authority.

(j)

Animals of prisoners.

Any person who is taken into the custody of the Burleson Police Department or other law enforcement personnel and having in his/her possession an animal shall be notified that the animal will be transferred to the animal control authority shelter.

During confinement of said person, the animal will be taken care of by the animal control authority. The animal must be redeemed from impoundment within five business days from the time of the incarceration of the owner, at no charge to the owner. If the animal has not been redeemed within the five-day period, then the animal becomes the property of the City of Burleson and may euthanized in a humane manner, adopted, sold, or transferred to a nonprofit animal welfare organization approved by the animal control authority.

No person shall be able to redeem an animal taken possession of pursuant to this section, except the owner or owner's duly authorized designee.

An animal may be kept at the animal control authority shelter for a period of time exceeding five business days if, in the discretion of the animal control authority, there is a possibility of reuniting the animal with its owner within a reasonable amount of time.

§ 6-12 Nuisance.

(Ord. No. B-749-06, § 1(3-12), 4-13-2006; Ord. No. CSO#927-11-2018, § 2, 11-12-2018)

Offensive odors.

A person commits an offense if the person keeps any animal in such a manner as to endanger the public health, or to annoy a person of ordinary sensibilities by the accumulation of animal wastes which cause foul or offensive odors or are considered to be a hazard to any other animal or human.

Animals defecating.

An owner of an animal commits an offense if the person permits, either willfully or through failure to exercise proper care and control, any animal to defecate upon the sidewalk or parkway or any public street, or upon the floor of any common hall in any entrance way, stairway or wall of any public place or building or any private property except the owner's. It shall be an affirmative defense to prosecution under this section if the owner immediately removes any excreta deposited by the owner's animal or the animals are performing in a parade or circus.

Noise.

A person commits an offense by keeping any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort of a person of ordinary sensibilities in the immediate vicinity.

Bees.

Notwithstanding the provisions of section 6-18, a beekeeper shall not keep honey bees in such a manner as to deny any person the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the city.

Removal for non-compliance.

Complaint.

Upon receipt of a sworn complaint by any person, including the city attorney, a peace officer or animal control authority to the municipal court that honey bees are being kept in a manner that denies the reasonable use and enjoyment of adjacent property or endangers the personal health and welfare of the inhabitants of the city, the municipal court shall set a time for a hearing to determine whether the honey bees are being kept in violation of this section. The hearing shall be held not later than the fifteenth day after the judge of the municipal court receives and reviews the complaint.

Notice.

The municipal court shall give written notice of the time and place of the hearing to the beekeeper, and the person who made the sworn complaint.

Presentation of evidence.

Any interested party, including the city attorney, may present evidence at the hearing.

Order for removal.

If the municipal court determines that the honey bees deny to any person the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the city, the municipal court shall order the honey bees removed from the property. Upon receipt of such order, the beekeeper shall remove the bees within ten calendar days of the order. Failure to comply with the municipal court order shall constitute a separate violation of this Code for each day of non-compliance, and in addition, the city may contract for the removal of the bees and charge the beekeeper for such removal.

Nuisance complaints.

Generally.

The presence of nuisance animals should be reported to the animal control authority.

Humane traps.

If a person shall report a nuisance animal, the animal control authority may provide the person a trap to set for the animal. The animal control authority may, upon capture, impound the animal.

Nuisance barking or other animal noise.

Animal noise nuisances should be reported to the animal control authority or police department.

In order for someone other than the animal control authority or a peace officer to file a formal complaint regarding an animal-related noise nuisance, that person must:

In the presence of either an animal control officer or a clerk of the Burleson Municipal Court, complete and sign an official, notarized complaint form, alleging that the animal's owner has committed the crime of violating the city's nuisance code.

If called, appear in municipal court as a witness on the date specified by the court.

§ 6-13 Dangerous animals.

(Ord. No. B-749-06, § 1(3-13), 4-13-2006; Ord. No. C-635-07, § 3, 9-27-2007; Ord. No. CSO#422-05-2016, §§ 1, 2, 5-2-2016)

Nuisance declared.

It is hereby declared to be a public nuisance for an owner to keep a dangerous animal within the city limits unless the owner complies with the requirements of this section and with Chapter 822, Title 10, Health and Safety of Animals, of the Texas Health and Safety Code, as amended.

Dangerous animal investigation.

The animal control authority shall investigate all reports of an attack or unprovoked act by an animal.

Reporting of incident.

A person shall report to the animal control authority within 24 hours any incident in which an animal:

Makes an unprovoked attack on a person or another domestic animal that causes bodily injury, serious bodily injury, or death; or

Is not in a secure enclosure or safely restrained as described in section 6-9(b) of this chapter, and acts, unprovoked, in such a way as to cause a person to reasonably believe that the animal will attack and cause bodily injury, serious bodily injury, or death to that person or another domestic animal.

The animal control authority shall require sworn statements from all victims and witnesses of the unprovoked attack or act.

No animal shall be considered dangerous because it causes bodily injury to another animal if both animals are running at large when the injury occurs or if the injured animal is running at large when the injury occurs.

Determination and delivery or seizure of dangerous animal.

If the animal control authority determines that the animal is a dangerous animal, the animal control officer shall give the owner written notification of this determination.

The animal control authority shall require the owner to deliver the dangerous animal to the animal control authority not later than five days after the date on which the owner receives the notice that the animal is a dangerous animal. If the owner fails to deliver the animal, the municipal court judge shall order the animal control authority to seize the animal, and the municipal court shall issue a warrant authorizing the seizure.

Appeal of animal control authority's determination.

The owner may appeal the animal control authority's determination that the animal is a dangerous animal by making a written appeal to the Burleson Municipal Court of Record not later than ten days after the owner receives notice from the animal control authority of the determination that the animal is a dangerous animal.

The municipal court of record, upon receiving a written appeal as provided in subsection (e)(1) above, shall set a time for a hearing. The hearing must be not later than 15 days after the owner receives notice from the animal control authority of the determination that the animal is a dangerous animal.

The municipal court of record shall give written notice of the time and place of the hearing to:

The owner of the animal;

The person who made the complaint;

All witnesses.

Any interested party, including the city attorney, is entitled to present evidence at the hearing.

The municipal court of record shall issue its written decision within ten days after the hearing.

The court shall determine the estimated costs to house and care for the impounded animal during the appeal process and shall set the amount of bond for an appeal adequate to cover those costs.

(7)

An owner or person filing the action may appeal the decision of the municipal court in the manner described by V.T.C.A., Health and Safety Code § 822.0424.

Impoundment of animal pending final determination.

Any animal that the animal control authority determines is a dangerous animal shall be impounded in secure and humane conditions by the animal control authority pending final notice, as defined in subsection (g)(2) below, regarding whether the animal is a dangerous animal.

Regardless of whether the animal is ultimately determined to be a dangerous animal, the owner shall pay all costs incurred in seizing and impounding the animal. The owner of a dangerous animal shall pay all costs incurred, if any, in euthanizing the dangerous animal.

Requirements for owner of a dangerous animal.

Not later than ten days after the owner receives final notice that the animal is a dangerous animal, the owner shall:

Obtain a registration certificate and identification tag, numbered and clearly marked with the text "dangerous animal", from the dangerous animal from the animal control authority; said dangerous animal to wear such identification tag at all times;

At the owner's expense, have the animal microchipped and registered with the microchip company, either through the animal control authority or a licensed veterinarian;

Restrain the dangerous animal at all times on a leash in the immediate control of a person over the age of 18 or in a secure enclosure that has secure sides and a secure top attached to the sides. Additionally:

If the pen or structure has no bottom secured to the sides, the ground beneath of the gate shall be secured by embedded posts and the sides must be embedded into the ground no less than one foot, unless such pen has a concrete bottom.

If the pen or structure has a concrete bottom, the sides need only be embedded two inches deep into the concrete.

All such pens or structures must be adequately lighted and kept in a clean or sanitary condition.

Any sanitary enclosure or pen shall be at least two square feet per pound, per animal so confined.

The structure must be species-appropriate.

At all times when the dangerous animal is taken off the property of the owner for any reason, secure the dangerous animal with a muzzle in a manner that will not cause injury to the animal nor interfere with its vision or respiration but that will prevent it from biting any person or animal;

Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority; and

Spay or neuter the dangerous animal within 30 days of final determination and provide proof of the alteration to the animal control authority within one business day after the surgery is performed, or

sell, convey or relocate the animal to a person who can comply with the requirements of this section.

For purposes of subsection (d)(1), a person receives final notice that the animal is a dangerous animal upon the latest of:

Witnessing or otherwise knowing of an attack described in subsection 6-13(c)(1)a. or b.;

Receiving notice that the animal control authority has determined that the animal is a dangerous animal;

Receiving a written decision from the municipal court of record that the animal is a dangerous animal; or

Receiving a final order from an appellate court that the animal is a dangerous animal.

If the owner of a dangerous animal does not comply with subsection (g)(1), the animal control authority shall humanely destroy the dangerous animal, except that, notwithstanding any other law or local regulation, the court may not order the destruction of an animal during the pendency of an appeal.

Registration of a dangerous animal.

The animal control authority shall annually register a dangerous animal if the owner presents proof of:

Liability insurance or financial responsibility as required in subsection (g);

Current rabies vaccination of the dangerous animal;

The security of the enclosure in which the dangerous animal will be kept; and

Payment of an annual registration fee, as established by city council, to the city animal control authority.

Notifications.

The owner of a dangerous animal shall notify the animal control authority within 24 hours if the dangerous animal is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. If ownership of the dangerous animal changes, the former owner shall provide the animal control authority with the name, address, and telephone number of the new owner. If the new owner's address is within the city limits or if the dangerous animal is kept within the city limits, the animal control authority shall notify the new owner by certified mail, return receipt requested, or in person that the animal has been determined to be a dangerous animal and provide the new owner a copy of the requirements contained in this section. It shall be unlawful for new owners to fail to comply with any requirements of this section. The same reporting and registration requirements are imposed on any and all subsequent owners of the dangerous animal.

(j)

Violations and defenses.

A person who owns a dangerous animal commits an offense if:

The person fails to comply with any provision of this section;

The dangerous animal makes an unprovoked attack on another person or domestic animal outside the animal's enclosure and causes bodily injury to the other person or domestic animal.

An offense under this section is a class C misdemeanor, unless it is an attack by a dangerous dog, under subsection (j)(1)b. above, that causes serious bodily injury or death to a person, in which event such attack by a dangerous dog is a felony as provided by § 822.005 of the Health and Safety Code.

If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

It is a defense to prosecution under this section that:

The person is a veterinarian, a veterinary clinic employee, a peace officer, or a person employed by the state, city, or a recognized animal shelter for the purpose of handling stray animals; or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the animal; and is acting within the course and scope of the person's official duties;

The person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency; trains or uses animals for law enforcement or corrections purposes; and is acting within the course and scope of the person's official duties;

The person is a dog trainer or an employee of a guard dog company under chapter 1702, Occupations Code, and has temporary ownership, custody, or control of the dog in connection with that position;

The animal at issue is a trained working dog, recognized by the Texas Board of Private Investigators or an official law enforcement agency, in the performance of official duties while confined or under the control of its handler.

The person is disabled and uses the dog to provide assistance, the dog is trained to provide assistance to a person with a disability, and the person is using the dog to provide assistance in connection with the person's disability; or

The person attacked by a dog was, at the time of the attack, engaged in conduct prohibited by chapters 19, 20, 21, 22, 28, 29, and 30 of the Texas Penal Code.

It is an affirmative defense to prosecution under this section that, at the time of the conduct charged:

The person and the animal are participating in an organized search and rescue effort at the request of law enforcement;

The person and the animal are participating in an organized dog show or event sponsored by a nationally recognized or state-recognized kennel club;

The person and the animal are engaged in a lawful hunting activity, or a farming or ranching activity, including herding livestock, typically performed by a working animal on a farm or ranch;

The person's animal was on a leash and the person was in immediate control of the animal, or the person was not in control of the animal, but was making immediate and reasonable attempts to regain control of the animal.

§ 6-14 Fees.

(Ord. No. B-749-06, § 1(3-14), 4-13-2006)

Generally.

The city council shall establish fees for all animal-related services provided by Burleson's animal control authority, including those for adoption, immunization, and multi-pet permits.

Impoundment and boarding.

The owner must pay all fees for impoundment, quarantine, and boarding, as well as veterinary bills and other fees that are due to the designated animal shelter.

§ 6-15 Interference with city agents.

(Ord. No. B-749-06, § 1(3-15), 4-13-2006)

A person commits an offence if the person interferes with or hinders any agent of the city in the performance of any duty pursuant to this chapter, or seeks to release any animal in the custody of the city or its agents, except as provided in this chapter.

A person commits an offense if the person fails to comply with any lawful order of the animal control authority in the performance of any duty pursuant to this chapter.

§ 6-16 Animal shelter advisory committee.

A person commits a class B misdemeanor offense under Texas Penal Code § 38.15 if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with an officer with responsibility for animal control while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822 of the Texas Health and Safety Code.

(Ord. No. B-749-06, § 1(3-16), 4-13-2006; Ord. No. 4089-01-2023 adopted 1-23-2023; Ord. No. 5559-09-2024 adopted 9/9/2024; Ord. No. 5889-09-2025 adopted 9/2/2025)

Creation.

There is hereby created, pursuant to the Texas Health and Safety Code, § 823.005, an animal shelter advisory committee.

Purpose.

The purpose of the committee shall be to assist animal shelters located within the city limits regarding compliance with chapter 823 of the Health and Safety Code. Additionally, upon request of the city council, the committee may:

Provide recommendations to the city regarding its compliance with the Texas Rabies Control Act; and

Recommend ways to improve the efficiency and cost effectiveness of the city's animal control program.

Number of members; terms.

The committee shall be in compliance with chapter 2, article II, section 2-31(e) for number of members and each member shall serve terms in compliance with chapter 2, article II, section 2-31(d). Notwithstanding the above, term limits shall not apply to the committee seats reserved for the one licensed veterinarian, the one municipal official, and the one person whose duties include the daily operation of an animal shelter.

Members.

The composition of the committee shall include at least one licensed veterinarian, at least one municipal official, at least one person whose duties include the daily operation of an animal shelter, and at least one representative from an animal welfare organization. The same person shall not be appointed to fulfill more than one of these requirements. It shall not be required for the representative of the animal welfare organization to reside within the city limits or for the agency (s)he represents to be chartered in the city. It shall not be required for the licensed veterinarian to reside within the city limits if his/her primary veterinary practice is located with the city limits.

Vacancies.

Members of the committee shall be subject to removal at any time by the city council. Any vacancy in the membership of the committee shall be filled by the city council for the unexpired term of the member whose place has, by removal or otherwise, become vacant. Vacancies shall be filled within 60 days after the city council removes the member or within 60 days after the city council receives notice of the member's resignation.

Meetings.

The committee shall meet a minimum of three times per calendar year, as outlined in Texas Health and Safety Code, § 823.005.

Quorum.

A quorum for the conduct of business shall be at least three members of the committee. The presence of a quorum of the committee shall be required prior to a meeting being called to order.

Voting.

Approval of all items before the committee shall require a majority vote of those in attendance.

Rules.

The committee may adopt rules, subject to city council approval, for conduct of its meetings.

§ 6-17 Penalty.

(Ord. No. CSO#302-09-2015, § 5, 9-8-2015)

Except as provided herein, any person who shall violate the provisions of this chapter shall, for each violation, be deemed guilty of a misdemeanor and shall be fined not more than $500.00, and each violation shall be construed to constitute a separate offense.

§ 6-18 Beekeeping.

(Ord. No. CSO#927-11-2018, § 3, 11-12-2018)

Purpose.

The purpose of this section is to establish certain requirements of sound beekeeping practice that are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

Keeping of honey bees.

Honey bees may be kept if all of the following conditions are met:

Beekeeping permit.

Any person desiring to keep bees on their property must first obtain a permit from the animal control authority.

The animal control authority shall have the right to inspect any property with a beekeeping permit at any time for the purpose of ensuring compliance with this section.

Beekeeping permits must be renewed annually and each renewal will require inspection and approval by the animal control authority or designee.

Beekeeping permits are issued for specific owners of a specific property. Application for a new beekeeping permit will be required if:

The original beekeeping permit holder moves to a new residence within the city limits and wishes to keep honey bees on the new property; or if

Ownership of the property for which a beekeeping permit was originally issued changes and the new owners desire to keep honey bees.

Standards of care and practice.

Any person with a beekeeping permit shall comply with the following standards of practice.

In each instance in which a colony is situated within ten feet of a private or public property line, including schools, of the tract upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyaway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation, or a combination thereof so that the honey bees will fly over rather than through the material to reach the colony.

Each beekeeper shall ensure that a convenient source of water is available to the bees at all times.

All honey bee colonies shall be kept in hives with removable frames or bars, which shall be kept in sound and useable condition.

Beekeepers shall diligently "re-queen" hives known to be aggressive.

Any hive contaminated with or known to have Africanized bees shall be destroyed by a qualified beekeeper at the owner's expense.

Colony densities.

It shall be unlawful to keep more than the following number of colonies on any lot, in an area zoned residential within the city, based upon the size of the lot which the apiary is situated:

One-half acre or less of lot size: maximum of two colonies. Each colony can be built up to a maximum of three boxes of which only one may be a deep box.

One-half acre to one acre of lot size: maximum of four colonies. Each colony can be built up to a maximum of three boxes of which only one may be a deep box.

Larger than one acres: maximum of six colonies. Each colony can be built up to a maximum of three boxes of which only one may be a deep box.

Inspections.

A person commits an offense if he owns, harbors, or possesses honey bees and refuses, upon request by the animal control authority, to make his honey bees, premises, facilities, or equipment available for inspection during reasonable hours.