Loading...
HomeMy WebLinkAboutOrdinance 11113g [. ' I a • 4 5 w. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER b, "ANIMALS AND FOWL", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED. BY CHANGING CERTAIN DEFINITIONS IN ARTICLE I, §6-1; BY ADDING SUBSECTIONS (F) AND (G), IN ARTICLE VIII §6-61 AND RE-NUMBERING CURRENT §6-61 ( F ) TO READ §b-bl ( N ); BY ADDING §b-65, (A) - (D) IN ARTICLE VIII: BY REPEALING THE CURRENT ARTICLE III IN ITS ENTIRETY, AND ENACTING ARTICLE III, DIVISIONS 1 AND 2; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE BY THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Chapter 6, "Animals and Fowl", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended by deleting the term and definition "vicious animal" in Section b-i, "Definitions" Sec 6--1 is further amended by adding the following terms and corresponding definitions Animal Control Authority - a municipal or county animal control authority with authority over the area where the dog is kept Dangerous Animal - an animal, other than a dog, that (a) makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, or (b) commits unprovoked acts in a place other than an enclosure .in which the animal was being kept and that was reasonably certain to prevent the animal from ~~ i :Y .. leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person Dangerous Dog - a dog that (a) makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, or (b) commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving. the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person Secure Enclosure - means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which may be taken by the owner Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal(s) from escaping from the enclosure The enclosure shall be posted with signs on all sides in four inch letters warning of the presence of a dangerous animal and shall include a symbol of a dangerous animal understandable by young children SECTION 2 ' That Chapter 6 is further amended by repealing Article III in its entirety (Sections 6-13 5 through 6-20 ), Article III, Divisions 1 and 2, is hereby enacted, the text of which shall read as set forth in Exhibit "A" attached hereto and incorporated herein Page 2 n SECTION 3 That Chapter 6 is further amended by the addition of the following subsections to Sec. 6-61, Article VIII (f) It shall be unlawful for any person to beat, starve, overwork or to otherwise abuse any animal. (g) It shall be unlawful for an owner or other person having care and control of any animal to abandon said animal The current Sec. 6-61 (f) shall be reclassified as Sec b-bi (h) SECTION 4 That Chapter b is further amended by adding the following new sections to Article VIII Section 6-65. Proper care of animals. Every owner or other person having care and control of any animal shall provide the following for each animal under his or her care and control (a) sufficient nutritious and wholesome food, served to the animal in clean containers, to maintain the animal in good health, (b) clean and wholesome water, served to the animal in a clean container, such water to be available to tfie animal at all times, (c) adequate shelter and protection from the weather at all times, and (d) veterinary care as needed to prevent suffering SECTION 5 Repealer Ordinances and any resolutions in conflict herewith are hereby repealed Page 3 SECTION 6 Severability. It is the intention of this jurisdiction that the separate provisions of this ordinance and applicable rules and regulations shall be deemed independent of all other provisions contained herein and it is further intended that if any of the provisions of this ordinance and/or rules be declared invalid, all other provisions shall remain valid and enforceable SECTION 7 The City Secretary is directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 3, 4 and 5 in the minutes of the City Council and by tiling the ordinance in the ordinance records of the City SECTION 8 Effective Date. This ordinance shall be effective upon its adoption APPROVED AS TO FORM AND LEGALITY D~Pv~t CITY ATTORNEY f DATE 6/-"~ " ~ ~-Q °J ADOPTED / ~a ° ~'~ l ®`1 EFFECTIVE ~~ Page 4 EXHIBIT A ARTICLE III DIVISION 1 - DANGEROUS ANIMALS Sec, b-13.5. NUISANCE DECLARED. It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous animal in the city unless the owner complies with the requirements of this article. Sec. 6-14. FINDING OF AN ANIMAL AS "DANGEROUS". (a) A person learns that the person is the owner of a dangerous animal when- (1) the owner knows of an attack as described in Sec. 6-1 "Definition of Dangerous Animal", or (2) the owner is informed by the animal control authority that the animal is a dangerous animal (b) If a person reports an incident described in Sec b-1• Definition of "Dangerous Animal", the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines that the animal is a dangerous animal, it shall notify the owner of that fact (c) An owner, not later than the 30th day after the date the owner is notified that an animal owned by the owner is a dangerous animal, may appeal the determination of the EXHIBIT A Page 1 ~J r „.. , , animal control authority to municipal court An owner may appeal the decision of municipal court in the same manner as other appeals from municipal court r Sec. 6-15. REQUIREMENTS FOR OWNER OF QANGEROUS ANIMAL. Not later than the 30th day after a person learns that the person is the owner of a dangerous animal, the person shall (1) register the dangerous animal with the city animal control authority, (2) restrain the animal at all times on a leash in the immediate control of a person or in a secure enclosure as described in Sec 6-1 "Secure Enclosure", (3) further secure the animal with a muzzle in a manner that w,i11 not cause injury to the animal nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous animal is taken off the property of the owner for any reason, (4) obtain liability insurance coverage or show financial " responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person.; (5) provide the dangerous animal with a fluorescent yellow collar visible at SO feet in normal day light so that the animal can be identified, and (6) spay or neuter the dangerous animal EXHIBIT A Page 2 Sec. 6-ib. FAILURE TO COMPLY WITH REnUIREMENTS. If the owner of an animal determined to be dangerous under this article fails or refuses to comply with the requirements specified in section 6-15, the animal shall be seized by the animal control authority and euthanized by the animal control authority or its authorized agent or a licensed veterinarian Sec 6-17. REGISTRATION. (a) The city animal's control authority shall annually register a dangerous animal if the owner presents proof of (i) liability insurance or financial responsibility as required in Sec 6-15, (2) current rabies vaccination of the dangerous animal if such vaccination is available for the species, (3) the secure enclosure in which the animal will be kept, and (4) pays an annual registration fee of $50 (b) The animal control authority shall provide to the owner registering a dangerous animal a registration tag The owner must place and maintain the tag on the animal's collar (c) The owner of a dangerous animal shall notify the animal control authority within 2d hours if the dangerous animal is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away If the animal has been sold or given away, the former owner shall provide the animal control office with the name, address, and telephone number of the new owner. If the new owner's address is in the city or if the animal is kept in the city, the animal control authority shall notify the new owner by certified mail, return receipt EXHIBIT A Page 3 requested, or in person that a determination has been made the animal is dangerous and provide the new owner a copy of the requirements contained in Article III The new owner must be given notice to comply with the requirements for owners of dangerous animals, if the animal is physically located for any time within the city It shall be unlawful for new owners to fail to comply with any requirement of sections 6-15 and b-16 The same reporting requirements are imposed on any and all subsequent owners of the dangerous animal Sec. 6-18. ATTACK BY DANGEROUS ANIMAL. (a) A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on a person or another animal outside the animal's enclosure and causes bodily damage to the person or other animal (b) An offense under this section is a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a Class A misdemeanor (c) If a person is found guilty of an offense under this section, the court which hears the case may order the dangerous animal destroyed by an animal control authority or licensed veterinarian. (d) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000 The City Attorney may file suit in a court of competent jurisdiction to collect the penalty Penalties collected under this subsection shall be retained by the city EXHIBIT A Page 4 G .~v : .fJ ~ F• w *" Sec. 6-19. VIOLATIONS. (a ) A person who owns or dangerous animal commits comply with Section b-15 (b) Violation of any posi division is punishable Thousand Dollars ($2,000 Sec 6-20. DEFENSE. keeps custody or control of a an offense if the person fails to lion of an offense under this by a fine not to exceed Two 00 ) It is a defense to prosecution under Sec b-18 or Sec b-19 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals, and that the person has temporary ownership, custody or control of the animal, provided, however, that for any person to claim under any defense in this section, that person must be acting within the course and scope of their official duties as regards the dangerous animal d I V I S I O N 2 - Q A N G E R O U S D O G S Sec. b-20.1 NUISANCE DECLARED. It is hereby declared to be a public nuisance that an owner harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this section, and state statutes regulating dangerous dogs EXHIBIT A Page 5 ;; ~~ Sec. 6-20..2 DANGEROUS DOG INVESTIGATION AND DETERMINATION (a) The Animal Control Authority shall investigate all reports of attacks by dogs The Animal Control Authority shall accept sworn statements from witnesses to the attack The authority may determine that a dog is a dangerous dog upon the receipt of one (1) or more sworn affidavits The owner of the dangerous dog shall be notified of the determination by the Animal Control Authority. (b) An owner may appeal a determination of dangerous dog status of his or her dog to Municipal Court, if the appeal is made no later than the 30th day after notification If the appeal is not made within 30 days of notification, the determination of the Animal Control Authority is final Appeal may be made from the holding in Municipal Court in the normal fashion provided for by law Sec. 6-20.3 DANGEROUS DOG REGISTRATION. The Animal Control Authority shall register all dangerous dogs as provided for by state law In addition to the requirements of state law, however, an owner of a dangerous dog must provide the dog with a fluorescent yellow collar which is to be worn by the dog at all times, said collar to be visible from a distance of fifty (50) feet under daylight conditions, in order for the owner to be able to register the dog Sec 6-20.4 FAILURE TO COMPLY WITN THE REQUIREMENTS. If the owner of an animal determined to be dangerous under this article or under state law fails or refuses to comply with the requirements specified in Section 6-20 1, the animal shall be delivered to the Animal Control Authority by the owner and euthanized by the Animal Control Authority or by a licensed veterinarian A person commits an offense if that person fails EXHIBIT A Page b CJ ~ ~ ~ ' ,, , ~, ~y . G"- to comply with the requirements in 6-20.1, and then fails to deliver the dog to the Animal Control Authority or to a licensed veterinarian for euthanization. Sec 6-20 5 DEFENSES (a) It is a defense to prosecution under Sec. 6-18 or Sec. b-19 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or apolitical subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog; provided, however, that for any person to claim under any defense in this section, that person must be acting within the course and scope of his official duties as regards the dangerous dog (b) It is a defense to prosecution under Sec. b-18 or Sec 6-19 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim under any defense in this section, that person must be acting within the course and scope of his official duties as regards the dangerous dog. (c) It is a defense to prosecution under Sec. 6-18 or Sec 6-19 that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler Sec. 6-20.6 VIOLATIONS Violation of any provision of this division is punishable by a fine not to exceed Two Thousand Dollars ($2,000) EXHIBIT A Page 7 ~J r ,~ h PUHLIC HEALTH'DEPAR~MENT ANIMAL CONTROL DIVISION 1800 UNIVERSITY DR FORT WORTH, TEXAS 76107 (817) 871-7345 DANGEROUS DOG PROCEDURE For an animal to be declared dangerous, a sworn affidavit must be presented to the Animal Control Division. Tire request s~rould include the following: 1. Nature of Cornplairit 2 . Date of tyre act (s ) 3. Location of tyre event(s) ~~. Name of the owner of tyre animal considered to be dangerous. 5 Address of tyre owner of tale animal. 6. Name, address and phone number(s) of witnesses. Upon receipt of a written request, the Animal Control Division Manager or designee s~rall apprise the defendant of tyre nature of tyre complaint acid advise tyre defendant to securely confine tyre animal while tyre call is being investigated. This notification will be sent by certified mail, return receipt requested If tyre Animal Control Manager or designee determines that the animal is dangerous, he s~iall notify the owner of t~rat fact by certified rnaii return receipt requested. FINDING AN ANIMAL AS "DANGEROUS" In order for tote Animal Control Division Manager or designee to determine if a dog is dangerous, one or more of the following events must gave occurred: a. Tire animal must make an unprovoked attack on a person or other animal t~rat causes bodily injury and occurs in a place other tYrarr an enclosure in w~ric~r tare animal was being kept and tYrat was reasonably certain to prevent tyre animal from leaving tyre enclosure on its own; or b The animal must commit an unprovoked act in a place ot~rer than an enclosure in w~ricYr tyre animal was being kept and that was reasonably .certain to prevent tyre animal from leaving tyre enclosure or1 its owrl and t7rose acts cause a person to reason- ably believe t~rat tyre animal will attack and cause bodily injury to that person. ., ~: REQUIREMENTS FOR OWNER'OF I3ANGER0US ANIMAL Not later than the 30th day after a person learns t~rat the person is tyre owner of a dangerous anirnal, tyre person sl~rall: (1) register tyre dangerous anirnal wit~r tie city animal control aut~rority; (2) restrain the animal at all times on a leash in tl~le immediate control of a person or in a secure enclosure as described in Sec. 6-1 "Secure Enclosure"; (3) further secure the animal wit~r a muzzle in a manner t~rat will not cause injury to tyre animal nor interfere wit~r its vision or respiration but shall prevent it from biting any person or animal wYteri the dangerous animal is taken off the property of the owner for any reason; (4) obtain liability insurarrc.e coverage or show financial re- sponsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person; (5) provide the dangerous animal wit~r a fluorescent yellow col- lar visible at 50 feet in normal day light so tYrat the ani- rnal can be identified; (6) spay or neuter tyre dangerous animal FAILURE TO COMPLY WITH REQUIREMENTS If tyre owner of an anirnal determined to be dangerous under this article fails or refuses to comply wit~r the rec;uirements speci- fied in section 6-15, tyre animal shall be seized by the animal control authority acid euthanized by tyre animal control authority or a licensed veterinarian. APPEAL Tire owner of an animal determined to be dangerous may appeal to the municipal court. An owner may appeal the decision of tyre municipal court in tyre same mariner as ot~rer appeals from tyre municipal court.