HomeMy WebLinkAboutOrdinance 11139~~
} ORDINANCE N0. ~ ~ ~ 3
AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL", OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (1.986), AS
AMENDED, BY CHANGING CERTAIN DEFINITIONS IN SECTION 6-1;
BY ADDING ARTICLE X, "MINIATURE SWINE"; BY AMENDING
ARTICLE VI, "ANIMAL CONTROL IMPOUNDMENT; FEES"; BY
AMENDING APPENDIX B, "DEPARTMENT OF CITY SERVICES", BY
CHANGING SECTION 11A-19; PROVIDING FOR REPEAL OF CON-
, FLICTING ORDINANCES AND CODES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; 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 adding the following definition to Section 6-1, "Definitions":
Miniature Swine: any member of the swine family which
has, through selective breeding, been genetically manip-
ulated so as to attain a maximum height of eighteen
inches at the shoulder and a maximum weight of sixty
(60) pounds.
SECTION 2.
That Chapter 6 is further amended by adding Article X,
"Miniature Swine", which shall read as follows:
Sec. 6-80. Miniature Swine.
Miniature swine, as defined in Section 6-1, may be
kept as pets in the City of Fort Worth. The following
requirements shall apply to the keeping of miniature
swine within the City of Fort Worth:
(a) There may be a maximum of two (2) swine per house-
hold or business. The swine may be of any age.
Under no circumstances may a person keep more than
two (2) miniature swine per household or business.
(b) All swine must be either spayed or neutered.
Under no circumstances may a person engage in the
propagation or breeding of miniature swine within
the city limits of the City of Fort Worth.
(c) It shall be unlawful for any person to keep or
maintain miniature swine outdoors. A person may
permit miniature swine outdoors for brief periods
(but not to exceed one hour per occurrence), as
necessary for exercise or for the elimination of
waste. The outdoor area used for exercise and
waste elimination must be a secure area from which
the swine may not escape. Miniature swine are
subject to all other sections of this chapter,
including sections on restraint of animals.
Sec. 6-81. Vaccination requirements.
It shall be unlawful for any person to keep or
maintain miniature swine unless the swine have received
annual vaccinations against erysipelas, parvo virus and
leptospirosis. The first inoculations for such diseases
must be received before the animal is four (4) months of
age. The owners of all miniature swine must forward to
the Fort Worth Animal Control Division a health certifi-
cate from a licensed veterinarian, within fourteen (24)
days of vaccination. Such certificate shall contain the
following information:
(a) Name, address, driver's license number and tele-
phone number of the owner;
(b) Name, address and telephone number of the licensed
veterinarian providing the vaccinations and cer-
tificate;
(c) Name, recent photograph and description of the
animal, giving the age, weight and height;
(d) The types and dates of the vaccinations;
(e) A statement of the general health of the animal;
and
(f) Certification that the animal has been either
spayed or neutered.
Sec.6-82. Registration requirements.
(a) All miniature swine kept within the City of Fort
Worth shall be registered with the Animal Control
Division within fourteen (14) days from the time
the animal is taken to its place of residence.
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The following requirements shall apply to regis-
tration of all miniature swine:
(1) Filing of a Health Certificate as described
above;
(2) Payment of an annual fifty dollar ($50.00)
registration fee; and
(3) Obtaining a registration tag from the Animal
Control Division.
(b) The owner or keeper of miniature swine must inform
the Animal Control Division within fourteen (14)
days of the death, change in ownership or care-
taker, or change in residence location of a minia-
ture swine.
Sec. 6-83. Conditions.
All locations where miniature swine are kept shall
be kept in a clean and sanitary condition. Exercise
areas shall be cleaned of swine excrement on a daily
basis.
Sec. 6-84. Violations; penalties.
(a) Any violation, disobedience, omission, neglect or
failure or refusal to comply with the enforcement
of any of the provisions of this article shall be
punishable by a fine not to exceed Two Thousand
Dollars ($2,000.00) for each violation. Each .day
that a violation is permitted to exist shall con-
stitute a separate offense.
(b) If any person is found guilty of having violated
any provision of this article, such violation may
result in revocation of such person's authoriza-
tion to keep or maintain miniature swine.
SECTION 3.
That Chapter 6 is further amended by changing Para-
graph (a)(2) in Section 6-43 to read as follows and by adding a
new Paragraph (a)(5.1) to Section 6-43 to read as follows:
"(2) A dog, cat or miniature swine does not wear or
have a valid city license tag affixed to its
collar and said animal is not being currently used
in a research program at the owner's institute of
3
SECTION 5.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of this ordinance
are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such ordi-
nances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sen-
tence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption and Sections 1, 2, 3, 4 and
8 of this ordinance for two (2) days in the official newspaper of
the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
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higher education which
American Association for
tory Animal Care;
is accredited by the
Accreditation of labora-
(5.1) A miniature swine does not have valid, current vaccina-
tions for erysipelas, parvo virus and leptospirosis."
SECTION 4.
That Appendix B of the Code of the City of Fort Worth, Texas
(1986), as amended, is hereby further amended by changing Section
11A-19, "Pigpens, lots, stables, etc., restricted; exceptions", to
read as follows:
"(a) It shall be unlawful to keep or permit to be kept
swine in any pen, lot, stable, yard, shed, sty, or
any other place within the City; providing, how-
ever, that this section shall not prohibit the
operation of slaughter houses or the keeping of
swine for processing by slaughter houses in the
City, nor prohibit the keeping of swine for the
exhibition of swine for a period not to exceed
twenty-one (21) days in connection with agri-
cultural exhibitions or fairs, nor prohibit the
temporary keeping of swine for sale within the
boundaries of the Fort Worth Stockyards located at
131 East Exchange Street. The keeping of any
individual swine shall be deemed temporary if the
individual swine are not kept for more than 14
days.
(b) It shall be unlawful to keep or permit to be kept
any pig pen, lot, stable, yard, shed, sty or other
place in which swine are kept within the City
which, by odor or noise, causes material distress,
discomfort or injury to persons of ordinary sensi-
bilities in the immediate vicinity thereof, or
which substantially interferes with the com-
fortable enjoyment of private homes by persons of
ordinary sensibilities.
(c) It shall be an affirmative defense to Section
11A-19 (a) above if the swine being kept is a
miniature swine, as defined in Chapter 6,
Section 6-1, of this Code, and the swine is kept
in conformity with Article X of Chapter 6 of this
Code."
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SECTION 8.
This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and 'it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : ~ _ ~$ `
ADOPTED : ~ ' ~ 4 ~ 1
EFFECTIVE:
6
ANIMALS
There are several sections of the Fort Worth City Code that regulate the
care and keeping of animals, fowl and livestock, because there are so
many species and the problems that accompany them. The responsibilty for
the enforcement of regulations are shared by the Code Enforcement
Division and the Animal Control Division. In general terms, the
categories are domestic animals, prohibited animals, too many animals,
licensing, vaccination, dangerous animals, kennels, unsanitary conditions
and large and small dead animals. The following information will provide
an easy reference for you.
ANIMALS. DEAD, SMALL - Responsibility assigned to the Animal Control
Division.
ANIMALS, DEAD, LARGE - Animal owners are responsible for the removal
of large dead animals.
ANIMALS, DOMESTIC - The animals permitted to be kept in Fort Worth
for example are dogs, cats, horses, bulls,
cows, donkeys, mules, sheep, rabbits, guinea
pigs, hamsters, gerbils, goats, hamsters, emus,
ostriches and rheas. Applicable licensing,
registration or vaccination requirements
assigned to the Animal Control Division.
Distance requirements, number of animals and
unsanitary conditions are assigned to the Code
Enforcement Division.
ANIMALS, PROHIBITED - The animals not permitted to be kept in Fort
Worth for example are lions, tigers, bobcats,
jaguars,`leopards, cougars, wolves, dingos,
coyotes, foxes, jackals, weasels, skunks,
martins, ferrets, minks, badgers, raccoons,
bears, kangaroos, opossums, koala bears,
wallabys, bandicoots, wombats, bats, sloths,
anteaters, armadillos, elephants, monkeys,
chimpanzees, orangutans, gorillas, beavers,
porcupines, antelope, deer, bison and camels.
Additionally, the list includes hawks, eagles,
falcons vultures, poisonous frogs, certain
snakes and reptiles, alligators and crocodiles.
Enforcement responsibility is assigned solely
to the Animal Control Division.
_ANIMALS, SPECIFIC - Miniature swine (60 pounds or less etc.) such
as "pot-bellied pigs" are permitted in Fort
Worth if kept in accordance with specific code
requirements. Enforcement responsibility is
assigned to the Animal Control Division.
ANIMALS,. SPECIFIC -
Hogs, swine and pigs are are not permitted to
be kept in Fort Worth, unless certain
requirements are met relative to livestock
shows or slaughter houses. Enforcement
responsibility is assigned to the Code
Enforcement Division.
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TEXAS
COUNCIL PROPOSAL
Date File Number Subject Ordinance Regulating Miniature
rj_23_92 CP- 174 Swine (Pot-Bellied Pigs)
Proposed by City Manager's Re
Councilmember AA
f!1,»e+lr C i 1 rn~r ~ /1 n _ Page ~_Of ~
Proposal:
It is proposed that the City council adopt the attached ordinance which would regulate
miniature swine (pot-bellied pigs) in the City of Fort Worth.
BackRround•
Several individuals have appeared before the City Council concerning ordinances which
prohibit the keeping of swine in the City of Fort Worth. They have asked the Council to
amend these ordinances to permit the keeping of miniature swine (pot-bellied pigs) as pets
iii th'e -=City .
The attached ordinance was prepared by the Department of Law in cooperation with the
Department of Public Health and the Code Enforcement Division.
The ordinance contains the following provisions:
1. "Miniature swine" are swine that have been bred to attain a maximum shoulder height
of 18 inches and a maximum weight of 60 pounds.
2. Miniature swine may be kept in the City under the following conditions:
(a) A maximum of two animals may be kept per household or business;
(b) All animals must be spayed or neutered and no propagation or breeding is
permitted; and
(c) The animals must be kept indoors except for temporary brief periods; outdoor
areas used for exercise and waste elimination must be secure and kept clean;
and the animals must be restrained
3. All animals must be vaccinated and have a health certificate from a licensed
veterinarian.
4. All animals must be registered with the Animal Control Division, have a tag, and an
annual registration fee must be paid.
5. Violation of thQ ordinance is punishable by a fine up to $2,000 and may result in
revocation of authorization to keep an animal. 2
Adopted Ordinance No.~~
6. All animals must wear a tag and collar APPROVED
CITY COUNCIL
JUL 2~ 1992
^ LEGALITY ~~ ~~~
^ FISCAL NOTE
^ CITY MANAGER'S COMMENTS City Secretarq of the
City of Fort Worth, Texan
^ CITY POLICIES MANUAL
PAGE,~OF_Z
POLICY PRUPO•SAL (cont'd)
7. Swine of any size and variety may be temporarily kept for sale within the boundaries
of the Fort Worth Stockyards at 131 East Exchange Street.
Adoption of the ordinance would permit miniature swine (pot-bellied pigs) to be kept
pets under conditions that adequately protect the public health, safety, and welfare.
Legality:
The City Attorney has reviewed this proposal and finds no legal impediments to adopt
of the attached ordinance.
Fiscal Note:
This proposal does not require the expenditure of any additional City funds.
Citg Manager's Comments:
The City Manager has reviewed this proposal and has no objection to adoption of
attached ordinance.
Chuck Silcox, Councilmember
District No. 3
~.
[ITY AF FD~T W~~TH