Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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Sec. 6.003. Office of animal services manager—Duties and enforcement. (a) The director of the department overseeing animal services will select an animal services manager.The animal services manager will select the animal services staff members including animal control officers. (b) The animal services manager shall act as the local rabies control authority for the purpose of enforcing animal health and control laws in the State of Texas. (c) It shall be the duty of the animal services manager and designees to: (1) Administer and enforce all state and federal laws pertaining to animals which authorize the local rabies control authority or animal control officers to enforce the same; (2) Administer and enforce the animal ordinances of the city; (3) Supervise the animal services operations of the city;and, (4) Aid the state health department in the enforcement of area quarantines. (d) The animal services manager,a licensed peace officer,or any animal control 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 control 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. (e) It shall be unlawful for any person to knowingly prevent, interfere with,or obstruct the animal services manager or an animal control officer in the performance of their duties. 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 control officer of the city. (f) The local rabies control authority,any animal control officer,or any peace officer is authorized to, including but not limited to: (1) Humanely euthanize an animal which poses an imminent danger to a person or property or when a real or apparent immediate necessity exists for the destruction of the animal; (2) Impound an animal which is diseased or endangers the health of a person or another animal; (3) Impound any animal found to be running at large within the city,with the exception of cats who are not ill, injured,or part of an enforcement case; (4) Humanely euthanize an impounded animal if the animal is suffering from injury, disease,or illness; (5) Humanely euthanize any animal suspected of having rabies, or which animal manifests a disposition to bite,when such animal(s)is found at large after having made a reasonable, but unsuccessful effort to capture the animal; (6) Humanely euthanize any impounded dangerous animal immediately upon impoundment, unless there is reason to believe that it has an owner; (7) Humanely euthanize any wild animal immediately upon impoundment,so long as such act does not violate state or federal laws; (8) Humanely euthanize any nursing baby animal impounded without the mother and no qualified foster volunteers are available,or where the mother cannot or refuses to provide nutritious milk,to prevent further suffering; Created: 2022-03-03 11:27:11 [EST] (Supp.No.34,Update 4) Page 9 of 40