(A) Authority to Impound Animals. The animal control officer shall have authority to impound any animal being kept within the city in violation of any of the provisions of this chapter or any law relating to animals, protection of animals or the keeping of dangerous animals.
(B) Reclaim Procedure.
(1) Notice. When an animal is impounded the animal control officer shall send notice of that fact to the person in possession of the animal. The notice shall be sent in accordance with § 91.31 of this code.
(2) Conditions for Reclaiming an Animal. Unless the animal control officer has reason to believe and does believe that the impounded animal is a dangerous animal as defined by state law or that the impounded animal has been cruelly treated and should be forfeited, the person previously in possession of an animal may reclaim the animal by complying with the following conditions within seven days of the date notice of impoundment is sent to such person:
(a) Payment of Fines and Fees. Payment of all applicable fines, penalties and expenses of impoundment, including, without limitation, those fees specified in § 91.29 of this code; and
(b) Compliance with Law. Compliance by such person with any applicable provision of this chapter or any other law relating to the manner in which the animal is to be kept or the conditions under which the animal is kept; and
(c) License for a Dog or cat. If the animal is a dog or cat for which a license is required under this chapter, such person obtains a license for such dog or cat.
(3) Release of the Animal. The animal control officer shall determine, from the foregoing list of conditions, which conditions apply as prerequisites to the reclaim or release of an impounded animal. The animal control officer shall not release an impounded animal until all conditions determined to be applicable to the impounded animal have been fully satisfied.
(4) Cruelly Treated Animal or Dangerous Animal. If the animal control officer has reason to believe and does believe that the impounded animal is being cruelly treated (pursuant to Chapter 821 of the Texas Health and Safety Code) or is a dangerous animal (pursuant to Chapter 822 of the Texas Health and Safety Code) or any other law permitting the seizure and disposition of such animals, the animal control officer shall not release the impounded animal but shall pursue the remedies under such laws provided for officers responsible for animal control or the animal control authority.
(C) Disposition of an Animal.
(1) If Animal Not Reclaimed. If the person previously in possession of an animal does not reclaim the impounded animal within the time period set forth below, the animal control officer or his or her designee may dispose of the animal in accordance with § 91.32 of this code without further notice to such person. The time period for reclaiming an animal is as follows:
(a) For any animal having a current license issued in accordance with this chapter at the time the animal control officer takes possession of the animal, the reclaim period shall be five working days.
(b) For any animal that is not licensed under this chapter or any animal that does not have a current license in accordance with chapter at the time the animal control officer takes possession of the animal, the reclaim period shall be three working days.
(c) For purposes of this division, a “working day” shall be any Monday through Friday on which the Burkburnett City Hall is open for business. This section shall not apply to an animal that has been cruelly treated or that is the subject of a proceeding to determine if it is a dangerous animal; such animals will be disposed of in accordance with the law applicable to such situation.
(2) Emergency Disposition. Notwithstanding the provisions of division (C)(1) above, an impounded animal shall be destroyed immediately if, in the opinion of the animal control officer, any police officer of the city or a veterinarian: (i) it is injured or is sick and is in such a state that its recovery is seriously in doubt or (ii) it is sick and endangers the health of other animals or persons.
(D) Record of Impounded Animals. The animal control officer shall keep a record of all animals impounded. Such record shall include a description of animal, the date of impoundment, the location and time of impoundment, the name of owner or person in possession of the animal (if known), and disposition of the animal.
(E) Animal Reclaim Center. The Board of Commissioners shall erect or establish a suitable animal reclaim center for impounding animals running at large or otherwise in violation of the provisions of this chapter or applicable law.
(F) Citation in Lieu of Impoundment. In lieu of impounding an animal that is at large or being kept in violation of this chapter, the animal control officer may issue the person in possession thereof a citation for any violations of this chapter or applicable law.
(G) Private Property-Right to Enter. In the event an animal is observed at large on private property, the animal control officer may enter the property in accordance with applicable law for the purpose of emergency impoundment, seizure of the animal or issuance of a citation or both.
(Ord. 562, passed 9-21-98; Am. Ord. 607, passed 12-18-00; Am. Ord. 762, passed 7-20-09)