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VeraCaUSA

Definition of Peace Officer

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Is an Animal Control Officer considered a peace officer by virtue of their employment as a ACO?   If not, can they represent to the public that they are?

 

CHAPTER 829. ANIMAL CONTROL OFFICER TRAINING

Sec. 829.001. DEFINITIONS. In this chapter:

(1) "Animal control officer" means a person who:

(A) is employed, appointed, or otherwise engaged primarily to enforce laws relating to animal control; and

(B) is not a peace officer.

 

 

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10 minutes ago, RetiredinVA said:

I read your question and read sub-section (B)  and I'm trying to figure out what you are driving at.  What is the context of your question?

 

Can a individual claim to be a peace officer simply because they are employed as a Animal Control Officer?

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40 minutes ago, VeraCaUSA said:

Can a individual claim to be a peace officer simply because they are employed as a Animal Control Officer?

I suppose a person can "claim to be" anything they want.  The statute says they are not.

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1 hour ago, VeraCaUSA said:

 

My bad, I thought I had tagged Texas.   It is a home-rule municipality.

 

But which municipality.  I'm asking for a reason.

 

25 minutes ago, RetiredinVA said:

I suppose a person can "claim to be" anything they want.  The statute says they are not.

An ACO isn't a peace officer if that is all there are. But there may well be ACOs, especially in smaller jurisdictions that are also peace officers.

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2 hours ago, VeraCaUSA said:

Is an Animal Control Officer considered a peace officer by virtue of their employment as a ACO?

 

The law you quoted (which I assume is from one of the Texas codes, but it's not clear which one) expressly says that an animal control officer "means a person who . . . is not a peace officer."  That said, I agree with "PayrollHRGuy" that "there may well be ACOs, especially in smaller jurisdictions that are also peace officers" (although it would not be unreasonable to interpret the quoted law to preclude a person from being both).

 

 

2 hours ago, VeraCaUSA said:

If not, can they represent to the public that they are?

 

Anyone with the ability to communicate can represent anything.  If your intent was to ask whether such a representation would be illegal or unlawful, it depends on the specific facts and circumstances and the intent behind the making of the representation.

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And a later chapter of the section. Hence my request to know the jurisdiction.

 

Sec. 829.0015 
Applicability of Chapter

The commissioners court of a county that has a population of 75,000 or less may adopt an order exempting the county from the application of this chapter. This chapter does not apply within the boundaries of a county for which an order is adopted under this section.

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5 hours ago, VeraCaUSA said:

 

Can a individual claim to be a peace officer simply because they are employed as a Animal Control Officer?

 

Why are you asking?

 

What happened to YOU that gives rise to the question?

 

 

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