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HomeMy WebLinkAboutOrdinance 10586 Attachment "B" .,. ., ORDINANCE N0. /©~~~Y AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY PROVIDING REGULATIONS CONCERNING ANIMALS; RELEASING IMPOUNDED ANIMALS FOR MEDICAL PURPOSES; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PRO- VIDING FOR PUBLICATION IN PAMPHLET FORM; 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 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 repealing existing Section 6-45(c) and replacing it with new Section 6-45(c) below and by adding thereof new Subsections 6-45(d), 6-45(d)(1), 6-45(d)(2), 6-45(d)(3), 6-45(d)(4), and 6-45(d)(5), to read as follows: "Section 6-45. (c) Except where otherwise provided in this chapter, animals not redeemed within three (3) calendar days following impoundment or release from quaran- tine shall become the property of the City and shall at the direction of the Animal Control Manager be placed for adoption in a suitable home, transferred to a bonafide humane society, kept for city purposes, be humanely disposed of or destroyed, or be disposed of for medical purposes in compliance with Section 6-45(d) of this chap- ter. 'Medical purposes' is defined as those uses of an animal made by a medical school by which personnel authorized by the medical school, including but not limited to, students, physicians, and employees, perform procedures or surgery upon animals in order to acquire or enhance their skills or knowledge. Attachment "B" 'A medical school' is defined as higher education which provides and training of students in medicine and which is accredite Association for accreditation of Care. an institution of for the teaching the practice of d by the American Laboratory Animal (d) Impounded animals not redeemed within three (3) calendar days following impoundment or release from quarantine may be sold or otherwise disposed of for medical purposes to a medical school located within the City, subject to the following conditions: 1. An animal sold, or otherwise disposed of, from the Animal Control Center for medical purposes may be used only for non-survival surgery or non-survival experiments. The animal must be anesthetized before the begin- ning of any surgical or experimental proced- ure on the animal and euthanized before the animal regains consciousness. 2. A medical school which purchases or receives an animal from the Animal Control Center for medical purposes shall, upon request and at reasonable hours, make available to the Animal Control Manager any and all records necessary for verification that the animal was used only for acute non-survival surgery. 3. Before selling an animal for medical pur- poses, the Animal Control Manager shall hold the animal at the Animal Control Center for 24 hours longer than the redemption period required for the animal under Section 6-43(b) of this chapter, to allow for pet identifica- tion. The medical school purchasing or receiving the animal shall pay all costs incurred by the Animal Control Center for the additional period of impoundment. 4. No animal impounded at the Animal Control Center with a collar or other applied identi- fication markings may be sold, or otherwise disposed of, for medical purposes. 5 Sterilization requirements of Article VII of this chapter do not apply to a medical school which obtains impounded animals from the Animal Control Center for medical purposes." 2 { Attachment "B" d SECTION 2. 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 3. 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- 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, sen- tence, paragraph or section. SECTION 4. 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 ordi- nances 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 3 "' Attachment "B" r and criminal, whether pending in court or not, under such ordi- nances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby 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 thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion which summarizes the purpose of the ordinance and effective date in the minutes of the City Council and by filing the ordi- nance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption which summarizes the pur- pose of the ordinance 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. 4 .-` A A ~S .. ~ Attachment "B" :. . <, SECTION 8. 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: ~: City Attorney Date: 5-~5'- 7~ ADOPTED • ~ ~~ EFFECTIVE: ~_ I~QO 5 MASTER FIt,E+.1 ACCOUNTING 2 TRAIlSPORTAT-OR(PUBIt W , gKp,~~~ n®~ ~~~ ~®~,•,I•' ~~ // ~®~~~~~~~~~®~ WAVER AOMINIGTRATIIYN { (~ /~//// '~"W I//v LAW~1 C~~ANA DATE NUMBER CE SUBJECT Ordinance Amending Chapter 6, PAGE 6Q~-IS-9~ G-8615 "Animals and Fowl", of the Code of the 1 of 1 RECOMMENDATION It is recommended that the City Council approve either Attachment "A" or Attachment "B" (Ordinances Amending Chapter 6, "Animals and Fowl", of the Code of the City of Fort. Worth, Texas) in order to pro~.•ide policy dire ction to the staff on the issue of the disposa:!. of animals fro m the City's Animal Control Center. DISCUSSION During the period of t ime the City Council was considering the revision of the Chapter 6 "Animals and Fowl" of the Citp Code, Council received input from citizens regarding the disposal of animals from the City Animal Control Center Currently, staff disposes of animals whi ch are not redeemed by their owners within three days by one of the following methods (1) placed for adoption in a suitabl e home, (2) transferred to a bona fide humane society, (3) kept for City purposes, or (4) humanely disposed of or destroye d Attachment "A" of this M&C is an ordinance amending. Chapter 6, "Animals and Fowl", of the Code of the City of Fort Worth which would prohibit the Cit y from providing animals from the Animal Control Center for use in research purposes Attachment "B" of this M&C i.s an ordinance amending Chapter 6, "Animals and Fowl", of the Code of the City of Fort Worth allowing the City to provide animals for medical purposes in compliance with new Sec tion 6-45 (d) of Chapter 6 as contained in this attachment APPROVED Bl~~ CITY COUNCIL RG saw MAY z5 1990 K~~W. 4~~w~.*~_ City Secretazy of the City of Fort Worth. TexaM SUBMITTED FOR THE CITY MANAGER'S Ramon Gua'ardo OFFICE BY 6191 DISPOSITIO Y COUNCIL. APPROVED PROCESSED BY ORIGINATING DEPARTMENT HEAD: R G OT ER ~ CR BE) \ / amon UalardO 6191 O CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Ramon Guojordo 6191 Adopted Ordinance No• DAT E 0