Tarrant City workers cutting an overgrown lawn at a vacant house were surprised to learn that the home was not completely abandoned, when they discovered a dog in the basement garage.

The presence of a pit bull and what to do with it is the latest source of division among city officials, this time putting Mayor Wayman Newton at odds with Police Chief Wendell Major.

Newton called the impasse “particularly alarming” because it deviates from what is normally done in municipalities during similar circumstances where the police aid in animal rescues.

Newton, along with animal welfare advocates, wants to enter the basement and take custody of the dog, which they say is in need of assistance. The garage has evidence of some food and water. But the floor is littered with excrement.

Newton slammed the chief for refusing to open the door to let the dog out.

“I, as an elected official, can’t direct him to do something that they’re saying is illegal,” Newton said. “This is just atypical, but I think it speaks volumes on the chief and his current state.”

Major counters, saying he cannot legally enter private property unless a warrant is issued or if the animal is in imminent danger. Neither is the case, Major said.

“There is no evidence that the dog is not being fed. Somebody’s coming in to take care of the dog at night apparently,” Major said. “If there was evidence of mistreatment of the animal, we could use reasonable force to acquire it, but we can’t just break in somebody house and take their property because we say we don’t think they are treating them right.”

The Greater Birmingham Humane Society, which is contracted to provide animal control services in Jefferson County, observed the dog through a smudged side window and placed a 24-hour notice on the property.

Typically, when there is no response to the notice, local police open the door to retrieve the animal, explained GBHS animal control officer Madison York Curtis when she returned to the house on Friday.

“After 24 hours, we are normally able to take the animal,” she said. “Normally, they open the door for me, and I go in.”

The humane society’s website also notes the policy for taking animals.

“While we desire to resolve the public’s concerns in these cities, we have no authority to pick up animals without a signed agreement from the police department located in that city.”

For now, the chocolate-colored pit bull appears stable.

“He’s alive right now,” York Curtis said. “He seems very friendly, just laying down chilling in the sun through one of the windows where the sun comes in. He’s on the skinny side for sure but he does not seem to be in any distress.”

On the police side, Major said he would step in if the legal process is followed, but not based on observations and opinions on the treatment of the dog.

“If the mayor wants the dog seized, we’re happy to do it, but somebody has to allege a crime and we will apply for a search warrant. Nobody’s willing to do that,” he said. “That’s basic Fourth Amendment and every police officer knows this. You can’t seize people’s property without due process of law, and you cannot force entry into a person’s home without a search warrant or an exception to the search warrant rule.”

Relations between Newton and Major are frosty. Newton, who hired Major as chief in 2021, attempted to fire him in April over a dispute. The council unanimously reversed Newton and reinstated the chief. Major was previously a captain with the Jefferson County Sheriff’s Office.