§ 5-2. 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 sections of the Health and Safety Code of the State of Texas.

(3)

The city may employ animal services officers to assist him in the carrying out of his/her duties.

(b)

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

(1)

Administer and enforce all laws and regulations of the state 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 board of health in the enforcement of area quarantines.

(c)

The animal services manager and any 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 his/her duties.

(e)

It shall be unlawful for any person to fail to comply with any lawful order of the local rabies control authority officer or any animal services officer of the city.

(f)

The local rabies control authority officer, any animal services officer, or any peace officer is authorized to, including but not limited to:

(1)

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

(2)

Impound an animal which is diseased or endangers the health of a person or another animal.

(3)

Impound any animal hereinafter designated found to be running at large or to be astray within the city.

(4)

Destroy an impounded animal if the animal is suffering from injury, disease, or illness.

(5)

Destroy any animal suspected of having rabies, or which animal manifests a disposition to bite, when such animal(s) is found at large or found astray after having made a reasonable, but unsuccessful, effort to capture the animal.

(6)

Destroy any impounded dangerous animal, unless there is reason to believe that it has an owner, immediately upon impoundment.

(7)

Destroy any wild animal immediately upon impoundment.

(8)

Destroy any nursing baby animal, excluding livestock impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, to prevent further suffering.

(9)

Destroy an animal when an owner no longer wishes responsibility for an animal or believes the animal to be in an ill or injured condition upon the owner signing a waiver, supplied by the animal shelter, allowing the animal to be immediately euthanized in a humane manner. An owner may also authorize the adoption of an unwanted animal prior to the expiration of the seventy-two-hour impoundment period by signing a waiver.

(10)

Destroy or give to a nonprofit humane organization any impounded animal that is to be destroyed as a result of the animal being impounded for more than seventy-two (72) hours.

(g)

The animal services manager and any animal services officer of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing the provisions of this chapter.

(Ord. No. 9729-2014, § 1, 6-17-14)