§ 6-1.1. Office of animal services manager established; duties; enforcement.

(a)

Establishment of the office of animal services manager.

(1)

There shall be and is hereby created the office of animal services manager.

(2)

The animal services manager shall act as the local rabies control authority for the purpose of enforcing animal health and control laws of the State of Texas.

(3)

The city may employ animal services officers to assist the animal services manager in the carrying out of specified duties.

(b)

It shall be the duty of the animal services manager and designated representatives to:

(1)

Administer and enforce all state and federal laws pertaining to animals which authorize the local rabies control authority or animal services officers to enforce the same;

(2)

Administer and enforce the animal ordinances of the city when a nuisance or health problem is caused by one (1) or more animals;

(3)

Supervise the animal services operations of the city; and

(4)

Aid the state health department in the enforcement of area quarantines.

(c)

The animal services manager and animal services officer of the city shall have the authority to issue citations for any violation of this chapter and any other power or duty stated within the terms of this chapter. If the person being cited is not present, the animal services officer may send the citation to the alleged offender by registered or certified mail, return receipt requested, by depositing the same in the U.S. mail, postage prepaid.

(d)

It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct the animal services manager or an animal services officer in the performance of their duties. It shall be unlawful for any person to fail to comply with any lawful order of the animal services manager or any animal services officer of the city.

(e)

The animal services manager and his authorized representatives shall have the authority to adopt, transfer, or humanely euthanize an animal as a result of the animal being impounded for more than seventy-two (72) hours, using the Asilomar Accords Guiding Principles and Definitions.

(f)

In addition to the authority to destroy, impound, or euthanize animals otherwise granted in this chapter, the animal services manager, his authorized representatives, and any peace officer are authorized to:

(1)

Destroy an animal which poses an imminent danger to a person or property or a real or apparent immediate necessity exists for destruction of the animal;

(2)

Impound an animal which is diseased or endangers the health of a person or another animal, or is at large; and

(3)

Destroy any animal suspected of having rabies when such animal is found at large, after having made a reasonable, but unsuccessful effort to capture the animal.

(g)

In any complaint and in an action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter; and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the owner or defendant as an affirmative defense.

(h)

The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of federal, state, or local law.

(Ord. No. 8934, § 3, 4-4-08)

State law reference

Animal control officer training, V.T.C.A., Health and Safety Code ch. 829.