Brackettville Citizens Question Amended Animal Control Ordinance Legality

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

Many City of Brackettville, Texas citizens have received misdemeanor citations from their law enforcement officer or animal control officer for alleged violations of keeping livestock within a certain restricted boundary area of the city limits as a result of the Brackettville City Council unanimous approval to amend its Animal Control Ordinance on December 9, 2014, prohibiting the previously approved practice and custom.

The concerned Brackettville residents have joined forces and formed a non-profit association called Brackettville Animal Lovers Association to protect their animals and livestock rights as well as their legal and constitutional rights.

Concerned residents allege that the Brackettville City Council completely disregarded the overwhelming support of its citizens to retain livestock within the corporate city limits since its founding in 1928. Despite many Brackettville citizens’ participation at City Council meetings and workshops to express their opposition to the City Council’s proposed changes to the Animal Control Ordinance, the City Council proceeded to amend the Animal Control Ordinance to prohibit the possession of livestock such as horses, goats, sheep, rabbits, mules, burros, llamas, fowl, and cattle only within a restricted boundary area of the corporate city limits.

At a meeting held on March 9, 2015, between Mayor Andres Rodriguez and City Administrator Veronica Garcia with concerned citizens, Mayor Rodriguez acknowledged that the majority of the people who attended the City Council meetings and workshops regarding the proposed amendments to the Animal Control Ordinance spoke against the amended ordinance, but that he represented the “silent majority” with whom he speaks with on a daily basis and supported the amended animal control ordinance. Mayor Rodriguez did not provide any names of who are these “silent majority” citizens whom he represents.

Consequently, many Brackettville citizens have begun to receive citations for alleged violations of the amended animal control ordinance approved by Mayor Rodriguez and the City Council.

At an April 1, 2015, Arraignment Court hearing, approximately 25 or more Brackettville residents plead not guilty to their citations, requested a jury trial, and alleged that the amended animal control ordinance is unconstitutional and violates their legal rights.

Attending the April 1, 2015, Court hearing were Mayor Andres Rodriguez, Councilman Joe Garza, and City Administrator Veronica Garcia to learn about their citizens’ discontent and legal challenges to the controversial ordinance. Municipal Court Judge Leopoldo Aviles, Jr. scheduled the defendants’ cases for pre-trial hearing in May and June of 2015.