My question involves criminal law for the state of: TX
After talking with our neighbor about her cat using our front flowerbed as litter box tearing up her plants and flowers basically told us that we would just have to hope the cat decided to find another place to go otherwise we might as well get use to it.
So wife calls animal control to ask about picking up a cat trap, animal control officer said she would get one out to my wife in a couple of days. Couple days later we didn't receive a cat trap, but a picture of our dog taking dump in the our fenced in back yard and a $500 ticket for a city code for the violation of City Code 16-8:
Sec. 6-18. - Dogs defecating on public and private property.
(a) An owner, harborer, or other person having care, custody, or control of a dog commits an offense if he knowingly permits, or by insufficient control allows, the dog to defecate in the city on private property or on property located in a public place.
and a $500 ticket for violation for creating noxious odors in violation of City Code 6-3.
Sec. 6-3 Keeping not to be nuisance.
(A)No person shall willfully or knowingly keep or harbor on his premises or elsewhere any animal, livestock, or fowl or any kind that makes or creates an unreasonable disturbance to the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof. This includes, but is not limited to, animals making or creating noises by howling, barking, bawling, or creating noxious odors. A person shall be deemed to have violated terms of this section if such person shall have been notified by the animal control officer or any police officer of such disturbance and shall have failed or refused to correct such disturbance and prevent its recurrence. Such a continued disturbance is hereby prohibited and declared to be a nuisance.
Called DA about the situation and basically told if we contest tickets, we he stated we were free to do, he would have consider that a refusal to correct the disturbance and would have to have the animal picked up by Animal Control stating "and we both know what that means".
Since this getting ridiculous can we sue in Federal Court for the City violating our dogs privacy, and maybe get Odor of Protection or maybe into the our dog a Federal s.hitless protection program?

