§ 6-6. Unauthorized impoundment of animals.

(a)

It is unlawful for any person, other than a police officer, an animal control officer, a member or employee of a humane organization approved by the director, or a licensed employee of a licensed pest control service to engage in the catching or impounding of animals.

(b)

It is a defense to prosecution under this section that:

(1)

The animal was unlawfully running at large upon property under the possession or control of the person catching it;

(2)

The animal was caught and held in a humane manner; and

(3)

The capture of the animal was promptly reported to BARC for the pick-up and disposition of the animal as BARC deems appropriate; provided, however, if the captured animal is a domestic animal, the animal was brought to BARC for disposition as BARC deems appropriate.

(c)

The provisions of this section shall not apply to 'estrays' as defined in § 142.001 of the Texas Agriculture Code.

(d)

Notwithstanding anything to the contrary in this section, it is unlawful for anyone other than a police officer, an animal control officer, a member or employee of a humane organization approved by the director, or a licensed employee of a licensed pest control service to engage in the use of a trap to capture animals under extreme weather conditions.

(Ord. No. 2014-244, § 2(Exh. A), 3-26-2014)