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Home My WebLink AboutOrdinance 10563;~,. ~• ~ .~ ORDINANCE NO. / D~ AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND BOWL" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING REGULATIONS CONCERNING ANIMALS, VIOLATIONS AND PENALTIES, DOG AND CAT LICENSES AND FEES, AND DEAD ANIMAL PICKUP; PROVIDING PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Article IV of Chapter 6, "Animals and Fowl", of the Code of the City of Fort Worth, Texas ( 1986) , as amended, be and is hereby amended by adding to Section 6-21 thereof new subsections (a)(1) and (a)(2), to read as follows: "Sec. 6-21. Required; applications; fee; tag; records. (a)(1) It shall be unlawful for any person to own, keep, harbor or have custody of any dog or cat over four (4) months of age within the City without first obtaining a valid license for said animal as provided in this article. Upon payment of the applicable license fee, the license is valid for one (1) year from the date Hof the most recent rabies vaccination. (a)(2) It is a defense to prosecution under Section 6-21 (a}(1) for an animal establishment or a releasing agency located within the City to own, keep, harbor or have custody of a dog or cat over four (4) months of age without first obtaining a valid license for said animal if the animal establishment or releasing agency is offering the said animal for sale or adop- tion and said animal is being kept under restraint on the premises of the animal establishment or releasing agency." SECTION 2. That Article VIII of Chapter 6, "Animals and Fowl", of the Code of the City of Fort Worth (1986), as amended, be and is hereby amended by adding Section 6-64 to it, to read as follows: "Section 6-64. Dead Animal Pickup. (a) If the City is asked to pick up a small dead animal from premises which are used for non- residential purposes, the owner of the animal or the person in control of the premises on which the animal is located shall pay the sum established by City Council for each animal which the City picks up. (b} Owners are responsible for the proper disposition of large dead animals other than a dog or cat." SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of the ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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, sentence, 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, para- 2 graphs 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 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are. expressly saved as to any and all violations of the provi- sions of Chapter 6 of the Fort Worth City Code or any other ordinances affecting animal regulation and control which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this, ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is here- by authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production 3 e~^ _ c~ ~ thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 8. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption which summarizes the purpose of the ordinance and the penalty clause (Section 5) and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption which summarizes the purpose of the ordinance and the penalty clause (Section 5) and effective date 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. SECTION 10. This ordinance shall be in full force and effect from and after June 1, 1990, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Cit Attorney Date ADOPTED• 90 EFFECTIVE: June 1, 1990 ~. 4 MASI"ER ftLE 1 pity ~f' 1F®rt `~®~°~~, ~"e.~~s ACCOUNTING 2 1 .7RANSPORTATION~PUBLIC~~YI/li~~®~ ~~ -// 1' .®IVIV~~IVIV ~®U U lV~((/(~/~~~1/'l.~Y~~®~ HATER ADMINISlRATiOH~•~/1111 I~LI)/V `L./ u~i•x 1{EALTN DEI ~/ ~7"~ GATE REFERENCE NUMBER SUBJECT REVISION OF CHAPTER 6 "ANIMALS PAGE 3-27-90 G-8526 AND FOWL" OF THE FORT WORTH CITY CODE lof 1_ T RECOMMENDATION 1. It is recommended that the City Council adopt the attached ordinance revising Chapter 6, "Animals and Fowl", of the Fort Worth City Code, 2. Approve the attached schedule of fees for the Animal Control Unit, and 3. Approve an effective date of June 1, 1990 for the above cited ordinance revision and fee schedule. DISCUSSION: The Animal Control Unit has drafted revisions to Chapter 6 "Animals and Fowl", to address the concerns of public health and safety, and the humane treatment of animals. The proposed changes include clarity to vague definitions, address the vicious animal issue, and increase the issuance of city registration tags through cooperation of participating veterinarians. The original proposed changes are before you in the attached ordinance. The fee schedule is submitted as a separate item for approval. The Health Department is proposing the removal of fee schedules from all health-related ordinances so that in the future, fees may be changed by approval of M&C Communications rather than the ordinance revision process. FINANCING• Revenues generated through new fees assessed or increased fees will be applied to the General Fund O1 in various revenue index codes. ,, APP~4~E0 ~Y cis couNC~~ APR ~U 1990 /ugh ~~... Citq ~eat®t~sy ~ tkte City al Y6~t4 W~xt7b, Tax:as SUBMITTED FOR IHt CITY MANAGER'S OFFICE BY Ramon Guajardo 6191 DISPOSITION BY COUNCIL. O APPROVED PROCESSED BY ORIGINATING C OTHER (DESCRIBE) DEPARTMENT HEAD: NICk CUrry 7201 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Nick Curr 7201 ,,~~,,..~~ // y Ado ted Ortl~n / / / '~ ATE S J~ - anc (