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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(1) On public property, in all cases; (2) On private property, if: a. The consent of the resident or property owner is obtained; b. The officer reasonably believes there is immediate and imminent danger or peril to the public if the animal in question is not impounded:or C. Authorized by appropriate courts of law. (3) The officer has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter. (b) Any animal observed by an animal control officer or peace officer to be in immediate danger, in the officer's opinion, may be removed from such situation by the quickest and most reasonable means available. It shall be the responsibility of the animal's owner to repair any damage caused by the removal of the animal from the dangerous situation by the animal control officer or peace officer. (c) The health director,animal services manager,or assigned designee, may order the abatement of the conditions which are not in accordance with this chapter, other applicable state or federal regulations or laws, or which otherwise constitute a nuisance. Failure to comply with the written notice constitutes mounds for the city to obtain any relief available by law, including, but not limited to relief by injunction.Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.013. Defecation by dogs on public and private property. (a) An owner, harborer, or other person in possession of a dog commits an offense if he knowingly permits,or by insufficient control allows,the dog to defecate in the city on private or public property and fails to remove and dispose of any excreta the dog deposits. (b) An owner, harborer,or other person in possession of a dog commits an offense if he: (1) Knowingly permits the dog to enter or be present on private property located in a public place;and (2) Fails to have in his possession materials or implements that, either alone or in combination with each other,can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property. (c) It is an affirmative defense to prosecution under subsection(a)or(b)that: (1) The property was owned, leased, or controlled by the owner, harborer, or person in possession of the dog at the time it defecated; (2) The dog was specifically and individually trained to do work or perform tasks for a person with a disability and was in possession of that disabled person at the time it defecated or was otherwise present on the property; (3) The owner of the property or person in control of the property had given prior consent for the dog to defecate on the property;or (4) The dog is a police canine being used in official law enforcement activities. (Ord. No. 2008-62, §3, 12-18-08) Created: 2022-03-03 11:27:11 [EST] (Supp.No.34,Update 4) Page 14 of 40