Whats different between an ACO and LEO??
- Thread starter N A Rush
- Start date
Cant speak for everyone but here most ACO's arent and dont have to be POST certified
Are you referring to an "Animal Control Officer?"
Yeah...
In NC ACO can make arrest, issue citations and enforce any NC laws. They are sworn LEO. HOWEVER, actually doing the "normal" leo job is not common by any means.
I have noticed some of their trucks now have yellow lights instead of blue.
I have noticed some of their trucks now have yellow lights instead of blue.
The ACO's I work with are not sworn or P.O.S.T. certified, but they are hard working officers with a heavy workload. I work Mids so some nights there is only one or two ACO's covering the whole City, and it can make things interesting when things go sour.
Anyway, the authority of the ACO's here is citing under our Municipal codes and animal wranglers. I salute them, as it is not really a job I would want to do...
EDIT: For an actual look inside what they do here, you can probably find videos for "Animal Cops: San Francisco" to give a "Cops" style view of the officers of the San Francisco Animal Care and Control (ACC).
Anyway, the authority of the ACO's here is citing under our Municipal codes and animal wranglers. I salute them, as it is not really a job I would want to do...
EDIT: For an actual look inside what they do here, you can probably find videos for "Animal Cops: San Francisco" to give a "Cops" style view of the officers of the San Francisco Animal Care and Control (ACC).
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The reason I am asking is because it has come up in discussion at the office. We are a office of 4 (all prior military so we are a bunch of know it alls). We are evenly split on the topic.
The details are:
A co-worker had his dog get loose while he was at work. The dog was impounded. He was a able to get the dog back but there was an issue with the rabies shot (not sure of all details there).
Apparently, the ACO came to his house for a follow up visit because of the rabies issue. This visit was made during working hours and he wasn’t home. The ACO entered his backyard and left a Citation for inadequate shelter.
My co-worker believes that the ACO entering his property without a court order (as required by local code) was illegal.
Two of my fellow co-workers feel its within the official duties of the ACO to enter private property to inspect and investigate.
I happen to believe its illegal as well most because the ACO here isn’t POST certified.
So its a 2 - 2 split here... wanted to see if there was a better way to determine who was more correct.
Suggestions???
The details are:
A co-worker had his dog get loose while he was at work. The dog was impounded. He was a able to get the dog back but there was an issue with the rabies shot (not sure of all details there).
Apparently, the ACO came to his house for a follow up visit because of the rabies issue. This visit was made during working hours and he wasn’t home. The ACO entered his backyard and left a Citation for inadequate shelter.
My co-worker believes that the ACO entering his property without a court order (as required by local code) was illegal.
Two of my fellow co-workers feel its within the official duties of the ACO to enter private property to inspect and investigate.
I happen to believe its illegal as well most because the ACO here isn’t POST certified.
So its a 2 - 2 split here... wanted to see if there was a better way to determine who was more correct.
Suggestions???
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Read the statute that he was cited under. Im guessing there a provision in it, or near it that states they can enforce violations they can see when the animal is in danger. Im assuming he probably looked in the backyard and then observed the violation and then took action.
And kick your friend in the a$$ for not giving the pooch proper shelter. No reason for that what so ever.
Sec. 4-30. Animal care.
(a) No owner shall fail to provide his animals with sufficient wholesome and nutritious food and water in sufficient quantities, proper air, shelter space and protection from the weather; veterinary care when needed to prevent suffering; and humane care and treatment.
(b) No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals and humans.
(c) No owner of an animal shall abandon such animal.
(d) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter a place of amusement, or as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.
(e) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; however, in the event the owner can not be ascertained and located, such operator shall at once report the accident to the police department.
(f) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it may be lawful for a person to expose on his own property common rat poison mixed only with vegetable substance.
(Ord. of 10-25-93, § 5)
Sec. 4-35. Enforcement.
The civil and criminal provisions of this article shall be enforced by those persons or agencies designated by the city. It shall be a violation of this article to interfere with a humane officer, animal control officer or police officer in the performance of his duties under the provisions of this article.
(Ord. of 10-25-93, § 10)
He stated the crate was on his patio and having been over to his house before its impossible to see the patio from anywhere from the fence line. He stated that the only way the ACO could even have seen the crate was to enter the backyard.
BTW, I got these off the city's website. They seem awful generic to me...
I would, HOWEVER I dont think he did. On this topic we are split 3 - 1 (3 thought this was good enough and 1 does not) in the office. The dog was placed in wire portable crate with a sheet of plywood over it.
The differences between an Animal Control Officer and a L.E.O. can be night and day depending on the jurisdiction. In some areas ACOs are not sworn L.E.O.s and can only write civil citations. In other, but much fewer areas, they are sworn L.E.O.s with limited powers of arrest, but carry guns, etc.
I don't believe they are sworn officers here. The ACO's truck even has yellow lights vice the standard blue of our local LEO's.
If the ACO isn't sworn, can they enter someone property without permission or a court oder?
Pretty sure the lights on the vehicles don't necessarily determine whether someone is sworn or not- that sounds more like wishful thinking on you and your friends parts. Also depending on weather conditions and if the porch itself is covered or not may have weighed in the decision to site. IOW's if the crate is exposed to direct sunlight on a day where temps exceed 90 degrees it's very likely that the shelter was indeed inadequate. I'd suggest in most jurisdictions the shelter you described would be deemed inadequate regardless of the INTENT on your friends part on providing adequate shelter or not.
Are you sure? Why is it that the CSO's (Community Service Officers) are also yellow and they are NOT sworn officers. This is fact I know for 100%.
I'm not saying you are wrong..... however (this is just a suggestion) you may want to actually look up the applicable state and local statute instead of relying solely on what you and your friends are "sure of." You MAY be correct but don't you want to know for sure? You can ask do a google search just as easily as you can ask SVTP donut shop- just sayin. OR- you could call your local ACO and ASK them what their quals and certs are...... you may even be able to find that info at the county seat since ACO's are part of the gov't.
GL
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