§ 91.31 NOTICES.
   (A)   Form of Notice. The notices required by § 91.24 (notice of intention to revoke a license) and § 91.28 (notice of impoundment) shall be substantially in the following forms:
   (1)   For license revocation:
CITY OF BURKBURNETT
ANIMAL CONTROL
208 East Fourth Street
Burkburnett, Texas 76354
Telephone: 940-569-2231
                    ,20  
   (date notice is sent)
To: (name and address of the person listed on the subject license or the person in possession of the animal the subject of the notice)
Description of the dog or cat the subject of the notice:
License No.:
PLEASE TAKE NOTICE THAT: The Animal Control Officer of the City of Burkburnett, Texas has reason to believe, and does believe, that the following grounds exist to revoke the license for the above described dog or cat:
   Those grounds which are marked or checked apply:
      (a)   The person to whom the license was issued refuses or has failed to comply with provisions of the Code of Ordinances of the City of Burkburnett, Texas or a law governing the protection of animals or any law governing dangerous animals; regardless of whether any such acts or omissions have resulted in a final conviction. A brief description of the facts which form the basis for this allegation are as follows:
      (b)   The dog or cat in question has been impounded by the city three or more times during a consecutive twelve month period within three years from the date of this notice.
      (c)   The Licensee has two or more final convictions within three years from the date of this notice of an offense under Chapter 91 of the Code of Ordinances of the City of Burkburnett, Texas or a law relating to animals, protection of animals or the keeping of dangerous animals.
      (d)   A final determination has been made, in accordance with state law, that the dog or cat is a dangerous animal.
An administrative hearing will be held before the Chief of Police on the following date and time and at the following location to determine if grounds exist to revoke the license for the dog or cat referred to above:
Date of Hearing:                  
Time of Hearing:                  
Place of Hearing:    Municipal Courtroom
         208 East Fourth Street
         Burkburnett, Texas.
If a determination is made that grounds exist to terminate this license the license will be revoked and you will be required to either surrender the dog or cat to the animal control officer or remove it from the city and provide proof that you have done so within 24 hours from the time the hearing adjourns unless another person obtains a license for the dog or cat within that 24 hour time period. If your license is revoked you will not be eligible for a new license for a period of one year.
                                  
            Animal Control Officer,
            City of Burkburnett, Texas
      (2)   If for impoundment:
CITY OF BURKBURNETT
ANIMAL CONTROL
208 East Fourth Street
Burkburnett, Texas 76354
Telephone: 940-569-2231
                      ,20  
   (date notice is sent)
To: [name and address of the person listed on the subject license or the person in possession of the animal the subject of the notice]
Description of the animal the subject of the notice:
License No. (if a dog or a cat with a license):
PLEASE TAKE NOTICE THAT: The above described animal has been impounded by the City of Burkburnett, Texas. You may reclaim this animal by: (i) paying of all applicable fines, penalties and expenses of impoundment, (ii) compliance with any applicable provision of the Code of Ordinances of the City of, Burkburnett, Texas 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 (iii) if the animal is a dog or cat for which a license is required, obtaining a license.
If you do not reclaim the animal by complying with these conditions within seven (7) days of the date of this notice, the City will dispose of the animal without further notice by one of the following methods: by transfer to the Humane Society of Wichita County or a similar charitable organization or destruction of the animal.
                                  
            Animal Control Officer,
            City of Burkburnett, Texas
   (B)   Manner of Providing Notice. The notices described in this section shall be provided by the animal control officer: (i) posting the appropriate notice at the City Police Department on a bulletin board provided for posting notices to the public and (ii) mailing the notice to the person named in the notice by certified mail, return receipt requested. The address to be used for mailing a notice will be determined as follows:
      (1)   If the animal is a dog or cat which has a current license, notice shall be mailed to the address shown for the licensee according to the license records of the city.   
      (2)   If the animal is a dog or a cat which does not have a current license or is an animal for which a license is not required under this chapter, notice shall be sent to the address for the person entitled to notice according to the utility records of the city unless no address is shown in the utility records of the city for such person in which case the notice will be sent to the address for such person according to the ad valorem tax rolls of the city.
      (3)   If no address can be found by one of the methods described in division (B)(1) or (2) above, address of the premises where the animal was previously kept (if known) or if such location is not known to any address for the person in a current phone or address directory or any other publically accessible record of addresses.
   (C)   Delivery of Notice. The animal control officer may deliver a notice directly to the person named in the notice in lieu of mailing it; or the animal control officer may deliver a notice directly to the person named in the notice in addition to mailing it.
   (D)   If Person in Possession is Unknown or Address is Unknown. If, in the exercise of reasonable diligence, the animal control officer is unable to ascertain the person in possession of an animal or is unable to obtain an address for the person by any of the means specified in division (B) above, the posting of the notice shall be sufficient notice.
   (E)   Calculation of Time Periods. For purposes of this chapter, a notice shall be considered "sent" or "delivered" on the latter of:
      (1)   The date it is posted; or
      (2)   The date it is mailed; or, if the notice is mailed and delivered on the date it is mailed; but if the notice is delivered but not mailed, on the date it is delivered.
Any time period required by this chapter shall exclude the date the notice is mailed or posted.
(Ord. 607, passed 12-18-00)