SAN ANTONIO – Several city departments are working to review options under state laws regarding dangerous dog handling and city ordinances.
Deputy City Manager David McCary confirmed this back in June, but we are learning more and more about what this review will entail and what it could potentially lead to.
McCary served as interim director of Animal Care Services at the time, but that position has since been passed to Michael Shannon.
We spoke with McCary about a proposal that would require the city to spay or neuter lost animals picked up by city responders. There would also be a “pseudonym program” where people could write affidavits about dangerous dogs. You could keep your name out of the affidavits that trigger dangerous and aggressive investigations. But under the current proposal, if the pet owner ultimately appeals the ruling, your name would be included in the file.
“Our staff initially thought we didn’t have the authority to do this,” McCary told us.
State lawmakers have encountered obstacles in creating anonymous affidavits, but McCary says city leaders have realized they could potentially implement this pseudonym program under state law.
He says there were also doubts in the city about its authority to create a registry of dangerous dogs, which went into effect three weeks after our news team published a map showing where these dogs lived.
The Attorney General ruled that the city had to release these documents to us.
At the time, ACS representatives said it was a decision by the Attorney General that allowed them to create a registry.
“We would have liked to have announced this earlier, but we didn’t know the agency,” McCary said in June.
We have been informed that ACS, the City Manager’s Office, the City Courts and the City Attorney’s Office are collaborating on this review.
The City Attorney’s Office has provided us with further insight into how this cross-departmental review works.
According to officials, the city’s animal protection ordinance has been updated several times since 2010. It states that the law firm provides legal advice and ensures that all measures comply with the law.
State law dictates what actions the city may take regarding the care and control of the animals.
During the last legislative session, the CAO worked closely with ACS on HB 4759 to increase penalties for irresponsible dog owners and protect witnesses’ personal information. The bill passed but was later vetoed by Governor Greg Abbott.
Will this review have an impact on local policy? Possibly.
The prosecutor explains that factors such as “availability of resources and council guidance may determine the scope and objectives of a policy,” but its primary responsibility is to ensure that any new or existing policy complies with the law.
We will keep you updated on the results of the review.
