(a)
City
enforcement agents are hereby authorized to enter upon any fenced
or unfenced lot, tract or parcel of land, to the extent allowed by
law, for the purpose of capturing, impounding and/or quarantining
any animal upon having probable cause to believe said animal to: have
bitten, injured or otherwise attacked a human being or other animal;
to have, or have been exposed to, rabies or another communicable disease
posing a danger to the public health, safety or welfare; or otherwise
posing a clear and present danger to human beings or other animals.
This authorization is granted due to the emergency created by the
potential rabies hazard or danger of injury to persons or other animals,
and in recognition of the likelihood that such animal will otherwise
escape capture. As a matter of policy, city enforcement agents shall
not enter upon private property to capture and/or impound any animal
known to belong to the owner of said property without probable cause.
An animal control agent may enter upon a person’s property if
it is believed that said animal poses a threat or danger to property,
human beings or other animals, or is in violation of the restraint
law.
(b)
Furthermore,
should the city enforcement agent have probable cause to believe an
animal has been, or is being, cruelly treated or has rabies or another
communicable disease, the city animal control may, pursuant to section
821.022 of the Texas Health and Safety Code, as amended, obtain a
seizure warrant and impound such animal, even if it is enclosed on
private property.
(c)
The
city enforcement agents may seek all available remedies allowed by
law to gain entry onto property, including but not limited to search
and seizure warrants.
(Ordinance 695-01 adopted 3/5/01)
It shall be unlawful, and a violation of this chapter, for any
person to fail to deliver an animal to the city enforcement agent,
upon demand for impoundment, when an animal must be quarantined for
legitimate medical reasons or for other health and safety reasons
stated in this chapter.
(Ordinance 695-01 adopted 3/5/01)
