§ 4-103. Establishment and designation of authority; duties and enforcement.

(a)

The chief of police is hereby designated and established as the animal control authority for the city.

(b)

The chief of police is hereby designated and shall act as the local rabies control authority for purposes of enforcement of animal health and animal control laws of the state.

(c)

The provisions of this chapter may be enforced by animal control officers, animal control technicians, animal control veterinary technicians, peace officers and any such persons as may be duly designated by the police chief. Nothing herein is intended to nor shall be considered to preempt or otherwise negate any statutory duty or authority of any federal, state, or other entity or official charged with animal control, animal health issues, estray, impoundment or other animal related issues.

(d)

Persons authorized to enforce the provisions of this chapter are hereby authorized to issue citations for violations of this chapter. The power and authority to issue citations shall exist regardless of whether the animal made the subject of the citation has been impounded.

(e)

In the exercise of authority to enforce this chapter, animal control officers, animal control technicians, animal control veterinary technicians, peace officers and any such persons as may be duly designated by the police chief shall have the authority to impound animals as provided in this chapter.

(f)

In the exercise of authority to enforce this chapter, animal control officers, animal control technicians, animal control veterinary technicians, peace officers and any such persons as may be duly designated by the police chief shall have the authority to utilize firearms to kill or otherwise disable an animal in order to protect themselves, a third person or another animal from attack or threat of imminent injury or to prevent an animal from enduring further pain or suffering as a result of injury or disease. The said officers and duly designated personnel shall also have the authority to tranquilize or trap any animal, fowl, livestock or wildlife in a humane manner.

(g)

In the exercise of authority to enforce this chapter, animal control officers, animal control technicians, animal control veterinary technicians, peace officers and any such persons as may be duly designated by the police chief shall have the authority to humanely euthanize an animal under the following circumstances:

(1)

If an impounded animal is suffering from injury, disease or illness without reasonable hope of recovery;

(2)

If an animal is suspected of having rabies or manifests an apparent disposition to bite or attack and the animal control authority has made reasonable, but unsuccessful efforts to capture the animal;

(3)

If an animal had been determined to be a dangerous animal as provided in this chapter and there is no reason to believe the animal has an owner, the animal may be humanely euthanized immediately upon impoundment;

(4)

If an animal is a wild animal, as defined in this chapter or by other law, the animal may be humanely euthanized immediately upon impoundment so long as such act does not violate any state or federal law specifically pertaining to such type of wild animal;

(5)

If a nursing baby animal has been impounded either with or without the mother or under circumstances where the mother cannot or refuses to provide nutrition to the baby animal and euthanization is necessary to prevent suffering of the baby animal; or

(6)

In accordance with the provisions of section 4-504 regarding disposition of unclaimed animals after impoundment.

Nothing herein shall be construed to limit or negate the authority of the animal control authority to transfer ownership of the animal to an animal welfare organization, as defined herein, when, in the sole discretion of the animal control authority, circumstances render such transfer appropriate and in the best interest of the animal.

(h)

To aid in the efficient administration of this chapter, the police chief shall be authorized to adopt administrative policies and operational procedures consistent with the purpose and intent of this chapter.

(Ord. No. 021209-01, § 1.103, 2-12-2009)

State law reference

Rabies, V.T.C.A., Health and Safety Code ch. 826; authority of municipalities, V.T.C.A., Health and Safety Code § 826.015.