HomeMy WebLinkAboutOrdinance 9227
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ORDINANCE NO. 9~
REPEALING CHAPTER 7, ANIMALS AND FOWL, ARTICLES I, II,
AND III, CODE OF ORDINANCES, CITY OF FORT WORTH, AND
SUBSTITUTING THEREFORE A NEW CHAPTER 7 ANIMAL CONTROL,
ARTICLES I, II, III, AND IV, THE ANIMAL CONTROL SEC-
TION, ANIMAL CONTROL SUPERVISOR AND ANIMAL CONTROL
OFFICERS, AND PROVIDING FOR THE REGULATION OF ANIMALS
AND THEIR KEEPING WITHIN THE CITY, INCLUDING REQUIRING
DOGS TO BE LICENSED, PROVIDING FOR REVOCATION OF
LICENSES SAND PERMITS FOR VIOLATIONS OF THIS CHAPTER,
REQUIRING RABIES VACCINATIONS FOR CATS AND DOGS, PRO-
VIDING FOR SPECIAL REGISTRATION OF GUARD DOGS, REQUIR-
ING THE HUMANE KEEPING AND TREATMENT OF ANIMALS,
REQUIRING CERTAIN ANIMALS TO BE KEPT UNDER RESTRAINT
AND NOT RUN AT LARGE, PROVIDING FOR THE IMPOUNDMENT OF
ANIMALS, PROVIDING FOR REDEMPTION FEES AND DEPOSITS,
REQUIRING THE REPORTING OF, IMPOUNDMENT AND QUARANTINE
OF ANIMALS SUSPECTED OF HAVING RABIES, PROHIBITING THE
KEEPING OF CERTAIN ANIMALS WITHIN THE CITY, INCLUDING
WILD ANIMALS AS PETS, AND PRESCRIBING PENALTIES FOR
VIOLATION OF THIS CHAPTER; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Animal Population in Fort Worth is significant
and increasing; and
WHEREAS, animals may cause injury, illness and create
public nuisance; and
WHEREAS, the North Central Texas area animal populations
harbor and are capable of harboring the rabies virus; and
WHEREAS, the above factors pose serious and immediate
health hazards to the inhabitants of this City; and
WHEREAS, animals .are subject to abuse by owners and the
public; and
WHEREAS, public welfare and the quality of both human and
animal life can be improved through effective animal control;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Chapter 7, Animals and Fowl, Code of Ordinances, City
of Fort Worth, be and is hereby repealed and is replaced by a
~~ new Chapter 7, Animal Control, which shall read as follows:
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Chapter 7 - ANIMAL CONTROL
Art. I. In General, Secs. 7-1 - 7-8
Art. II. Licenses, Secs. 7-9 - 7-10
Art. III. Animal and Rabies Control, Secs. 7-11 - 7-15
Art. IV. Care and Humane Treatment of Animals, Secs. 7-16 -
7-20
ARTICLE I. IN GENERAL
Sec. 7-1. Penalties.
It shall be unlawful for any person to violate any provi-
sion of this chapter. Such violation shall be a misdemeanor and,
except where a different penalty is specifically provided, shall
be punishable by a fine of not less than twenty-five dollars
($25.00) nor more than two hundred dollars ($200:00).
Each day's violation shall be deemed a separate offense. If
any person is found guilty of violating Section 7-16 of this
chapter, any license held by such person under this chapter
shall be automatically revoked.
Section 7-2. Definitions.
As used in this chapter, the following words shall have the
meanings herein ascribed to them:
Animal: Any living, vertebrate creature, domestic or wild,
other than homo sapiens.
Animal Control Officer: The Animal Control Supervisor or
his/her authorized agents or employees of the Animal Control
Section.
At Large, or Running at Lar e: Any animal not kept under
restraint.
Cat: A commonly domesticated member of the Felidae
(feline) family, other than a lion, tiger, bobcat, jaguar,
panther, leopard, cougar, or other prohibited animal.
Circus: A commercial variety show featuring animal acts
for public entertainment.
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City Health Officer: The director of the Department of
Public Health for the City, or his/her authorized agents or
employees designated as representative.
City Animal Shelter: A place operated by or for the City,
whether or not a City facility, for the detention of animals as
prescribed by law.
Dec.: A commonly domesticated member of the Canidae
(canine) family, other than a wolf, jackel, fox, dingo, coyote,
or other prohibited canines.
Dog License: A privilege granted, on compliance with the
terms of this chapter, to own, keep, harbor, or have custody or
control of a dog legally.
Dog License Tag: A metal tag for attachment to a dog
collar, carrying a serial number corresponding to the number of
dog license for such animal, and showing the year the license
was issued.
Fowl: Any bird.
Guard Dog: Any dog used for security purposes and trained
to protect life or property.
Impound: To take into custody. Impoundment shall begin at
the time an Animal Control Officer takes control of an animal.
Kennel: Any premises in which four (4) or more dogs, four
(4) months of age or older, are kept; or where the business of
buying, selling, breeding, grooming, training or boarding of
dogs is conducted. Does not include veterinary hospitals or
humane societies.
Licensed Veterinarian:
A veterinarian currently licensed
by the Board of Veterinary Medical Examiners in any state of the
United States or the District of Columbia.
Livestock: Horses, ponies, mules, donkeys, cattle, goats,
sheep, and swine, and other farm animals kept for use and/or
profit.
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Owner: Any person owning, keeping, or harboring one or
more animals. An animal shall be deemed to be owned by a person
who harbored it, fed it or sheltered it for more than three
consecutive days.
Pet: Any animal kept for pleasure rather than utility.
Pet Shop: A commercial enterprise regularly engaged in the
buying, selling, grooming, breeding, or boarding of animals.
Places of Public Assembly: Any place where people congre-
gate, other than a private residence, such as public buildings,
parks, schools, flea markets and recreations areas.
Prohibited Animal: Any animal not normally born and raised
in captivity, including but not limited to the following: (A)
Class Reptilia: Family Helodermatidae (The Venomous Lizards)
and all Varanidae (Monitor); Order Ophidia, Family Biodae (Boas,
Pythons, Anacondas); Family Hydrophiidae (Marine Snakes); Family
Viperidae (Rattlesnakes, Pit Vipers and True Vipers); Family
Elapidae (Coral Snakes, Cobras, and Mambas); Family Colubridae -
Dispholidus Typus (Boomslang), Bioga dendrophila (Mangrove
Snake) and Kirtlandii (Twig Snake) only; Order Crocodilia (such
as Crocodiles and Alligators); (B) Class Aves: Order Falconi-
forms (such as hawks, eagles, falcons and vultures) and Subdivi-
sion Raptae (such as ostriches, rheas, cassowaries and emus);
(C) Class Mammalia: Order Carnivores, the Family Felidae (such
as lions, tigers, bobcats, jaguars, leopards, and. cougars),
except commonly domesticated cats; the Family Canidae (such as
wolves, Bingos, coyotes, foxes and jackals), except commonly
domesticated dogs; the Family Mustelidae (such as weasels,
skunks, martins, minks, badgers); Family Procyonidae (raccoon);
Family Ursidae (such as bears); and Order Marsupialia (such as
kangaroos, oppossums, koalabears, wallabys, bandicoots, and
wombats); Order Chiroptera (bats); Order Edentata (such as
sloths, anteaters, and armadillos) Order Proboscidea (ele-
phants); Order Primata (such as monkeys, chimpanzees, orangutans
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and gorillas); Order Rodentia (such as beavers, porcupines); and
Order Ungulata (such as antelope, deer, bison, and camels); (D)
Class Amphibia: Poisonous Frogs.
Prohibited Animal does not include livestock, fowl, or
normal household pets, such as but not limited to, dogs, cats,
cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or
small, nonpoisonous reptiles, or nonpoisonous snakes of a
species which does not reach a length greater than six feet.
Public Nuisance: Any animal which: (1) molests, attacks
or threatens to attack passers-by or passing vehicles; (2)
attacks other animals or human beings; (3) is repeatedly at
large; or (4) damages private or public property.
4uarantine: To take into custody and place in confinement
isolated from human beings and other animals in such a way as to
preclude the possibility of disease transmission. The quarantine
period of a biting dog in rabies quarantine is ten (10) days
from the date of the bite, or as recommended by the Regional
Veterinarian from the Texas Department of Health.
Restraint: An animal is under restraint under the follow-
ing circumstances:
(1) It is securely caged or confined to its owner's
home or yard which is fully enclosed by a good, secure and
substantial fence.
(2) It is accompanied by its owner or trainer at a
bona fide dog show, field trial or exhibition.
(3) It is secured by a leash of at least five (5)
feet and not more than ten (10) feet in length and of
sufficient strength to control the dog.
(4) It is used by a blind or deaf person to aid
him/her within the City.
(5 ) A guard dog is in the performance of duty in an
enclosed building or securely fenced and locked area which
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is marked on all sides with signs in four-inch letters
stating "GUARD DOG" and clearly visible to the public.
(6) A dog is in a place of public assembly and effec-
tively and securely muzzled in order to prevent the dog
from biting.
Sanitary: Any condition of good order and cleanliness
which discourages and limits disease transmission.
Stray (Unowned) Animal: Any animal at large which is not
wearing license tags or other means of ready identification.
Vaccinated Animal: Unless otherwise indicated, refers to
an animal vaccinated against rabies within the past twelve (12)
months by a licensed veterinarian.
Vaccination Certificate: The certificate issued by a
licensed veterinarian on a form approved by the Texas Board of
Health for presentation to the Animal Control Section as a con-
dition precedent to the granting of a dog license and showing on
its face that, at the time of such presentation, the dog covered
thereby has been vaccinated for rabies.
Veterinary Hospital: Any establishment maintained and
operated by a licensed veterinarian for surgery, diagnosis and
treatment of disease and injuries to animals.
Vicious Animal: Any animal that bites or otherwise attacks
any human being or animal without provocation.
Wild Animal: Any animal except the common domestic species
(dogs, cats, horses, livestock, and other common farm animals)
regardless of the state or duration of captivity.
Zoological Park: Any permanent collection of living
animals for public display, other than a pet shop or kennel,
displaying or exhibiting one or more species of animals.
Sec. 7-3. Animal Control Section and Supervisor.
(A) The Animal Control Section shall be a unit of the
Department of Public Health and shall be in the charge of a per-
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son having suitable qualifications and designated by the City as
the Animal Control Supervisor.
(B) In addition to the duties specifically prescribed in
this chapter, it shall be the responsibility of the Animal
Control Supervisor to execute such other duties under the juris-
diction of the Department of Public Health as the director may
delegate.
(C) The Animal Control Supervisor shall supervise the
operation of the City Animal Shelter.
Sec. 7-4. Interference with Animal Control Officer.
It shall be unlawful for any person to interfere with an
Animal Control Officer while engaged in the performance of his/
her duties. Conviction of an offense under Sec. 7-4 of this
Chapter shall be punishable by a fine of not less than $100 nor
more than $200.00.
Sec. 7-5. Compliance with Sanitation Standards Reauired for
Keepina Animals.
The owner of any animal permitted by this chapter shall
comply with the following standards of sanitation:
(A) Remove manure and droppings from pens, stables, yards,
cages and other enclosures daily and handle or dis-
pose of the excretions in such manner as to keep the
premises free of any nuisance.
(B) Place food only in impervious containers or on imper-
vious surfaces.
(C) Equip watering troughs or tanks with adequate facili-
ties for draining the overflow.
(D) Remove all refuse on the premise and dispose of same
by a means approved by the City Health Officer.
Such standards of sanitation shall be administered by the
City Health Officer.
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Sec. 7-6. Compliance with Chapter Not Relief from Compliance
with Other Regulations.
The provisions of this chapter shall not be construed to
authorize the keeping of any animal in violation of any other
City ordinance or State statute.
Sec. 7-7. Inspection of Animals and Premises.
The Health Department shall have the authority to inspect
animals and/or premises.
Sec. 7-8. Correction of Conditions Not Complvina with Chapter.
Where premises do not comply with the .provisions of this
chapter or if any health ordinance or law is not observed, the
City Health Officer may, upon written notice to the person
owning or controlling the premises, order the correction of the
objectionable conditions. In addition to any criminal proceed-
ing, failure to comply with such order shall entitle the City to
obtain relief by injunction.
ARTICLE II. LICENSES
Sec. 7-9. Licensing.
(A) It shall be unlawful for any person to own, keep, har-
bor, or have custody or control of any dog over four (4) months
of age within the City without first obtaining a valid license
for each such animal as herein provided.
(B) Application for license and payment of the applicable
license fees shall be made to the City Health Officer. The
application shall include the name and address of the applicant,
a description of the animal, and a currently valid rabies
certificate is;
(C) Fees
(1)
(2)
(3)
(4)
sued by a licensed veterinarian.
are as follows:
Documented neutered dog $ 2.00
Non-neutered dog $10.00
Duplicate tags $ 2.00
Reapplication fee (non-refundable) $10.00
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(D) No fee shall be charged for a license issued for any
dog actually used by a blind or deaf person.
(E) Such license shall expire on December 31st of the year
in which issued unless revoked earlier.
(F) Application for a license must be made within thirty
(30) days after obtaining a dog over four (4) months of age,
except that this requirement will not apply to a non-resident
individual keeping a dog for less than sixty (60) days.
(G) Upon acceptance of the dog license application, a
durable license tag, stamped with an identifying number and the
year of issuance shall be issued. Tags shall be designed so that
they may be conveniently fastened or riveted to the animal's
collar.
(H) Dogs must wear license tags at all times in a conspic-
uous place on the collar.
(I) The license tag must be used only on an animal for
which it was issued.
(J) The Animal Control Supervisor shall maintain a current
record of serial numbers of dog licenses and license tags
issued, and the names and addresses of persons to whom they are
issued.
(K) A license shall not be issued if the applicant has
withheld or falsified any information on the application or if
the applicant has been convicted within the preceeding 60 months
of cruelty to animals under this Chapter or any other animal
cruelty law of this or any other jurisdiction in the United
States.
Sec. 7-10. License Revocation.
(A) The City Health Officer may revoke any license issued
pursuant to Section 7-9 under the following circumstances:
(1) A person has withheld or falsified any informa-
tion on the application.
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(2) A person has been convicted within the preceding '
sixty (60) months of cruelty to animals under this chapter
or any other animal cruelty law of this state or any other
jurisdiction in the United States.
(B) Written notification of revocation shall be accom-
plished by depositing a certified letter return receipt request-
ed, in the United States mail and addressed to the last known
address.
(C) Any person whose license is revoked shall within ten
(10) days thereafter and in a manner indicated in the notice of
revocation, humanely divest himself/herself of all dogs owned,
kept, or harbored by such person by authority of such license.
(D) Where a license has been revoked, no fees shall be
refunded.
(E) No person whose license has been revoked under Section
(A)(1) above may reapply for a period of thirty (30) days after
such revocation.
(F) No person whose license has been revoked under Section
(A)(2) above may reapply for a period of sixty (60) months from
the date of his/her cruelty to animals or animal cruelty law
conviction.
ARTICLE III. ANIMAL AND RABIES CONTROL
Sec. 7-11. Restraint.
(A) It shall be unlawful to fail to keep animals under
restraint at all times as defined in this chapter.
(B) Owners shall exercise diligent care and control of
their animals to prevent them from becoming public nuisances.
Sec. 7-12. Pursuit of Animals.
For purposes of discharging the duties imposed by the pro-
visions of this chapter, or other applicable laws, and to en-
force same, representatives or employees of the Animal Control
Section may enter upon private property to the full extent per-
muted by law, including, but not be limited to, entry upon
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private property (except dwellings located thereon) when in pur-
suit of any animal which has been observed running at large.
Sec. 7-13. Rabies Vaccination.
(A) It shall be unlawful for any person to own, keep, har-
bor, or have custody or control of a dog or cat over four (4)
months of age, unless such animal has been immunized against
rabies by the injection of anti-rabies vaccine by a licensed
veterinarian. Immunization shall be repeated annually so that
continuing vaccinations are no more than one year apart.
(B) Every owner of a dog or cat immunized against rabies
shall procure a rabies vaccination certificate from the veterin-
arian administering the vaccine.
(C) Every veterinarian practicing within the City limits
shall keep detailed records of animal rabies vaccination and,
upon request of the City Health Officer, shall provide a listing
of rabies vaccination to the Animal Control Section. The listing
shall include the owner's name and address, animal species, gen-
der, date of vaccination, and whether or not the animal has been
neutered.
Sec. 7-14. Animals Which Exhibit Rabies Symptoms, Bite or
Attack.
(A) Any animal that has rabies or symptoms which could
reasonably indicate rabies, or that bites, or otherwise attacks
any person or other animal shall be impounded at once as provid-
ed in Section 7-15 hereof and, except for wild animals, shall be
held in quarantine at the City Shelter or other place designated
by the City Health Officer for such period of time as the City
Health Officer may deem necessary; provided, however, that such
period of time shall not be fewer than ten (10) days. Such quar-
antine shall be subject to the following conditions:
(1) A stray animal may be destroyed and its head
examined for rabies by a Texas Department of Health
certified laboratory at any time during the impoundment
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period when deemed necessary by the City Health Officer.
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(2) Any quarantined animal showing clinical signs of
rabies shall be humanely killed immediately and its head
sent to a Texas Department of Health certified laboratory
for rabies diagnosis.
(3) Animals bitten by a known or suspected rabid
animal shall be quarantined or disposed of in accordance
with State law.
(4) An animal placed in quarantine shall not be re-
leased without the written permission of the Animal Control
Supervisor.
(B) Any wild animal which bites or attacks a person will
not be quarantined, but will be impounded, if possible, and dis-
posed of in accordance with the following procedures:
(1) If the wild animal shows clinical signs of
rabies, it shall be humanely killed immediately and
examined for rabies in accordance with Department of Health
rules.
(2) If a wild animal does not have clinical signs of
rabies and has an owner or custodian who can be identified,
the Animal Control Officer shall, as soon as practicable,
if reasonably possible, notify the owner or custodian of
his right to a hearing concerning disposition of the
animal. A hearing shall be held as soon as practicable if
requested by the owner or custodian. At the hearing a deci-
sion will be made as to the disposition of the animal. If a
hearing cannot be held within 48 hours of a bite or attack,
the wild animal shall be humanely killed and examined for
rabies in accordance with Texas Department of Health rules.
(C) The owner of any animal that is reported to have
rabies or symptoms thereof, or to have been exposed to rabies,
or to have bitten, or otherwise attacked any person or animal,
or that the owner knows or suspects to be rabid or to have
attacked any person or animal, shall submit such animal for
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quarantine to the Animal Control Supervisor or any police
officer. If the animal dies prior to its quarantine, the owner
shall submit the animal for rabies diagnosis. In the event the
owner of such animal refuses to surrender such animal or its
body on demand, such action shall constitute a misdemeanor and
upon conviction be punishable by a fine of not less than one
hundred dollars ($100.00) nor more than two hundred dollars
($200.00).
(D) Any person who has knowledge of any animal that
exhibits symptoms of, or has been exposed to, rabies, or of any
animal who has been bitten or otherwise attacked any person or
animal, shall immediately report the incident to the Animal
Control Section. The report shall include the name and address
of the victim and owner of the animal, if known, and any other
information he/she has relating to the incident or animal.
(E) Every veterinarian or other person who is called to
examine or professionally attend any animal with rabies, tuber-
culosis or any other reportable communicable aisease snarl,
within twenty-four (24) hours thereafter, report the following
in writing to the City Health Officer and the Animal Control
Supervisor:
1. Species and description.
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2. Location of such animal.
3. Name and address of the owner thereof.
4. Type and character of the disease.
(F) Every veterinarian practicing within the City limits
shall keep detailed records of animal rabies vaccination and,
upon request of the City Health Officer, shall provide a listing
of rabies vaccination to the Animal Control Section. The listing
shall include the owner's name and address, animal species,
gender, date of vaccination, and whether or not the animal has
been neutered.
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(G) The City Health Officer shall investigate and record
all cases of rabies and suspected rabies.
(H) The body of any animal that has died of rabies or that
dies or is destroyed while in quarantine shall not be disposed
of except as directed by the City Health Officer.
(I) The owner of an animal quarantined under this section
shall pay all reasonable costs of the quarantine and disposition
of the animal, including charges for shipment of animal tissues,
if required, to the Texas Department of Health Laboratory for
testing.
(J) An animal put under quarantine may be redeemed when
found to be free from rabies.
Sec. 7-15. Impoundment.
(A) Animals may be impounded by the Animal Control Super-
visor under any of the following circumstances:
(1) Animal not kept under restraint.
(2) Dog without a valid City license tag affixed to
its collar.
(3) Dog without a valid current City license.
(4) Animal which has inflicted bodily harm on any
person or animal, poses a threat to public safety, or con-
stitutes a public nuisance.
(5) Any vicious, prohibited or unmuzzled animal in a
place of public assembly.
(6) An animal not cared for in compliance with
Section 7-16.
(7) Animals having rabies or symptoms thereof, or
that a person could reasonably suspect as having rabies, or
that bites or otherwise attacks any person or animal.
(8) Any prohibited animal.
(9) Any animal not kept in conformity with this chap-
ter or state law.
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(B) If, by a license tag or other means, the owner or cus-
todian of an impounded animal can be identified, the Animal
Control Officer shall as soon as practicable after impoundment
notify the owner or custodian by telephone, if reasonably
possible, advising that if the animal involved is not redeemed
within three (3) days after impoundment, disposition will be
made in accordance with this chapter., and advising him of his
right to a hearing on the validity of the impoundment and
impoundment fees, and the disposition of the impounded animal in
accordance with this chapter. A hearing shall be held as soon as
practicable if requested by the owner or custodian prior to the
sale, disposal or destruction of the animal as herein provided.
(C) Impounded animals, including those released from quar-
antine, other than wild or prohibited animals, shall be avail-
able for immediate redemption by anyone entitled to possession
after paying applicable fees as follows:
(1) Small animals (payable upon return of animal):
(a) Impoundment ....................$20.00 per animal
(b) Impoundment (dog
not licensed, dogs only)...•.•.$40.00 per animal
(c) Care and feeding (per day).....$ 3.00 per animal
(d) Neutering (if applicable)......Current cost of
procedure
(e) City dog license
(required annually)....••••••..$10.00 per animal
unless neutered,
in which case fee
is $2.00.
(f) Rabies vaccination .............Current cost of
(if applicable) rabies vaccination
(2) Live stock (payable upon return of animal):
(a) Impoundment ............... ......$50.00 per head
(b) Care and feeding (per day) .....$ 5.00 per head
(c) Advertising for sale
(if applicable) ........... .....$10.00 per head
(d) Sale of animal
(if applicable) ........... .....$10.00 per head
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(D) Disposition of Animals.
(1) Impounded animals, including those released from
quarantine, other than wild or prohibited ani-
mals, shall be kept for three (3) days from the
date of impoundment. In calculating the length of
this time period, the first day after impoundment
shall be day one. If the owner of such an im-
pounded animal does not redeem it within three
(3) days after impoundment, disposition will be
made in accordance with this chapter.
(2) The City Health Officer shall cause wild or pro-
hibited animals which have been impounded for
three (3) days or more to either be humanely
killed or removed from the City. The owner or
custodian of such an animal shall pay City the
applicable fees plus the actual costs of the
impoundment.
(E) Disposition of Unclaimed Livestock.
As an alternative means of disposition, the City Health
Officer may sell impounded unclaimed livestock at public auction
for cash. The City Health Officer shall publish notice of the
time, terms and place of sale for five (5) days in the official
newspaper of the City, describing the animal impounded and
stating that the same will be sold to defray costs if not re-
deemed and costs paid before the sale. At any time before the
sale the owner may redeem the animal by paying the expenses of
obtaining and keeping, together with the costs of sale. If not
redeemed, the City Health Officer, or the person designated by
him shall, between the hours of 10:00 a.m. and 4:00 p.m., on
such day, sell such animal at public auction to the highest
bidder and, after deducting all the expenses of the sale,
obtaining and keeping of such animal, shall return the balance
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of the proceeds, if any, to the owner of the animal. If no owner
shall call for the proceeds within thirty (30) days from day of
sale, such balance shall be paid into the City treasury. At any
time within six (6) months after such sale, the owner may apply
to the City Council, and, upon satisfactory proof of his
ownership, he shall be entitled to receive the balance paid into
the City treasury on account of such sale.
(F) Conditions for release of impounded animals:
(1) Before releasing any animal to the owner (before
sale) or purchaser (after sale), the Animal Control Super-
visor shall require sufficient proof that reasonable
precautions have been taken to prevent further violations
of this article. If the owner does not submit sufficient
proof of such precautions, the animal may continue to be
impounded for three (3) additional days. Upon the expira-
tion of that third day, the City Health Officer shall
determine the disposition of the impounded animal in accor-
dance with the provisions of this chapter.
(2) No impounded animal suffering from any disease,
ailment or injury may be redeemed until the Animal Control
Supervisor is satisfied that arrangements have been made
for its proper treatment by a licensed veterinarian.
(G) Except where otherwise provided in this chapter,
animals not redeemed within three (3) calendar days following
impoundment or release from quarantine shall become the property
of the City and shall, at the direction of the City Health
Officer, be placed for adoption in a suitable home, transferred
to a bona fide humane society for adoption purposes, kept for
use by the City, or humanely disposed of or destroyed.
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ARTICLE IV.
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CARE AND HUMANE TREATMENT OF ANIMALS
Sec. 7-16. Animal Care.
(A) No person shall crop a dog's ears, dock a tail, remove
dew claws or perform other surgical procedure on a dog or cat
except as provided by The Veterinary Licensing Act.
(B) No person shall sell or deliver live chickens, duck-
lings, goslings, or rabbits less than eight (8) weeks of age to
any person in quantities of less than five.
(C) No person shall sell, offer for sale, barter or dis-
play any living chickens, rabbits, ducks or any other fowl or
animal which has been dyed, colored, or otherwise treated so as
to impart to them an artificial color.
(D) No person shall leash or maintain an animal so that it
4
can go on any sidewalk or street or trespass on private proper-
ty, belonging to another without the consent of the owner.
(E) No person shall give away any live animal as a prize
or inducement for the purpose of attracting trade or business.
(F) No person shall use steel jaw or leg-hold traps except
in the case of rat control.
Sec. 7-17. Keeping of Certain Animals Prohibited.
No person shall keep, own, maintain, use or have in such
person's possession or on premises under such person's control
any of the following:
(A) Any vicious animal;
(B) Any prohibited animal, provided, however, that this
section shall not apply to a bona fide zoological park, circus,
educational institution, museum, licensed laboratory, public-
owned nature center, or animals kept by bona fide members of an
educational or scientific association or society approved by the
Director of Public Health, or persons holding permits from an
agency of the State of Texas or the United States for the care
and keeping of animals.
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Sec. 7-18. Guard Dogs.
All dogs shall be registered with the Fort Worth Animal
Control Supervisor prior to being used as guard dogs and there-
after reregistered during the month of January annually. The dog
license tag for a guard dog issued under Article II, Sec. 7-9
shall be of an easily identifiable shape and color and must be
worn on the dog at all times.
An off duty guard dog, which commits an unprovoked bite
upon a person or animal shall be quarantined as required in
Article III, Section 7-14. If a person committing a crime is
bitten by a guard dog that is protecting life or property, the
animal may be observed at the place of business, a kennel or the
animal control facility as directed by the City Health Officer
or his authorized representative.
That portion of the "Private Investigators and Private
Security Agencies Act", Article 4413 (29bb) V.A.C.S., which
refers to guard dogs, is hereby adopted by reference.
Sec. 7-19. Dead Animal Pickup.
(A) In the event that the City of Fort Worth is asked to
pickup a small dead animal, the owner or person responsible for
the animal shall pay the sum of $5.00 for each animal.
(B) Owners are responsible for the proper disposition of
large dead animals.
Sec. 17-20.
Zoological parks, pet shops and kennels must be located
within an appropriately zoned area and have a certificate of
occupancy.
SECTION 2.
That this ordinance shall be cumulative of all provisions
of ordinances and of the Code of the City of Fort Worth, Texas
(1964), as amended, except where the provisions of this ordi-
nance are in direct conflict with the provisions of such ordi-
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nances and such Code, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
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That 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, sen-
tences, paragraphs and sections of this ordinance since the same
would have been enacted by the City Council without the incor-
poration in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
~~nmrnn~ d
That 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
provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the produc-
tion thereof, as provided in Chapter XXV, Section 3, of the
6
Charter of the City of Fort Worth, Texas.
CL~l~T TlIAT ~'.
That the City Secretary of the City of Fort Worth, Texas,
is hereby directed to engross and enroll this ordinance by copy-
ing the caption, Section 1 and effective date of same in the
minutes of the City Council and by filing the ordinance in the
ordinance records of the City.
oc~nmTnnT G
That the City Secretary of the City of Fort Worth, Texas,
is hereby directed to publish the caption, Section 1 and effec-
tive date of this ordinance for two (2) days in the official
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newspaper of the City of Fort Worth, Texas, as authorized by
Art. 1176b-1, Revised Civil Statutes of Texas.
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That this ordinance shall be in full force and effect from
and after the date of passage and publication as above speci-
fied.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : (~ ` ~ - ~
ADOPTED: /(~ - .~ - ~~
EFFECTIVE:
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DATE REFERENCE SUBJECT Animal Control Ordinance Revi- PAGE
NUMBER sion to Chapter 7 of City Code 2
10/2/84 G-6120 lof
Several months ago, the City Council directed the City staff to prepare
amendments to the animal control ordinance to prohil-hit the keeping of exotic
animals in the City limits of Fort Worth. Subsequent to this directive, the
staff encountered another problem with the hearing process for disposing of
animals suspected of rabies.
In addition, the staff wanted to use this opportunity to upgrade Chapter 7 of
the City Ocde in its entirety to conform to State law. The major changes are
listed below:
1. Prohibits keeping wild and exotic animals except by zoos, educational/
scientific organizations, publicly-c7wned nature centers, and those held
under federal or state license.
2. Establishes provisions for special licensing of guard dogs and provides
for signage where guard dogs are used.
3. Requires that a dog be kept under restraint at all times and prohibits
dogs from being taken into places of public assembly unless the dogs are
muzzled.
4. Provides that interference with an Animal Control Officer is a misdemeanor
punishable by a fine of not less than $100.
5. Authorizes the Director of Public Health to inspect animals and premises
where they are kept.
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6. Establishes a license fee of $2 for each neutered dog and $10 for each dog
that is not neutered.
7. Requires a licensed veterinarian to vaccinate all dogs and cats over four
months of age.
8. Provides .for quarantine or laboratory examination of animals that have
bitten or attacked a person. .
9. Requires veterinarians submit to the Director of Public Health a list of
persons whose dogs and cats have been vaccinated for rabies.
10. Provides for~imlioundment of animals not kept under restraint, dogs without
tags or license, animals that pose a threat to public safety or constitute
a public nuisance, and vicious or prohibited animals.
~11. Requires humane care and treatment of all animals.
12. Provides for disposition of unclaimed animals through adoption, transfer
to a humane society, use by the City, or other humane disposition or
destruction.
DATE REFERENCE SUBJECT Animal COritr01 OrdirianCe R2Vi- PAGE
NUMBER
10/2/84 G-6120 sion to Chapter 7 of City Code 2 2
_~__ or
'Staff is of the opinion that the proposed ordinance is consistent with the
~uncil directive and conforms with the requirements of State law. However,
the HLUYiane Society wants to include specific language to prohibit the selling
of impounded an;rnals for research purposes and this idea was rejected by
staff. Since we do not sell animals for research purposes now, staff does not
believe this provision is necessary
Reca~ra~iendation
It i.s recommended that the City Council approve the attached ordinance
regulating the care and keeping of animals.
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APPROVED BY
CITY COUNCIL.
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SUBMITTED FOR THE
CITY MANAGER'S ~J/' DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY //~h,/~ fJ~~~~~~~~~ ^ APPROVED
ORIGINATING / CC.. ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: Dr. Brooks Taylor CITY SECRETARY
FOR ADDITIONAL INFOR ATIO
coNTACr G~ar~es Vaught Ext . 7254 AdOated ~rrlinanro n)„ C> 9.J DATE
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