HomeMy WebLinkAboutOrdinance 18027-03-2008ORDINANCE NO. 18027-03-2008
AN ORDINANCE AMENDING CHAPTER 6 "ANIMALS AND FOWL,"
ARTICLE VHI, SECTION 6-61 "UNLAWFUL ACTS ENUMERATED" OF
THE CITY CODE TO PROHIBIT CERTAIN SPECIFIC BEHAVIOR
THAT CONSTITUTES ANIMAL CRUELTY; AUTHORIZING PUBLIC
SAFETY OFFICERS TO SEIZE SUCH ANIMALS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVHING FOR PUBLICATION;
AND PROVIDING AN EFFECTPVE DATE.
WHEREAS one purpose of Chapter 6 of the City Code governing "ANIMALS
AND FOWL" is to encourage responsible pet ownership; and
WHEREAS state law prohibits cruelty to nonlivestock animals, including
unreasonably failing to provide necessary water for an animal and confining an animal in a cruel
manner; and
WHEREAS the Public Health Department determined that the City Code
provisions dealing with the care and humane treatment of animals should be strengthened
pursuant to state law; and
WHEREAS it is advisable to amend Chapter 6, Article VIII of the City Code to
prohibit certain particular behavior that is deemed to constitute cruelty to animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Section 6-61 "Unlawful acts enumerated." of Chapter 6 of The Code of the City of
Fort Worth, Texas, is hereby amended to renumber and amend subsection (h) and to add new
subsections (h), (i), and (j) to read as follows:
(h) It shall be unlawful for a person to confine an animal in a parked or standing vehicle
in such a way as to endanger the animal's health, safety, or welfare. It is presumed that
an animal's health, safety, or welfare is endangered when the animal is confined in a
parked or standing vehicle for a period of five or more minutes when the ambient outside
air temperature measures above eighty-five degrees Fahrenheit or below tllil~ty-five
degrees Fahrenheit.
(i) The actions prohibited by this section are in addition to any prohibitions existing
elsewhere in this code or any applicable state or federal law. Nothing in this section shall
be construed to limit any duty imposed on an owner by any other provision of this code
or any applicable state or federal law.
(j)(1) Public safety officers, including officers in the city public health, fire, and police
departments, shall have the authority to seize any animal that is the subject of any
violation of this section if doing so is believed to be necessary to protect the animal's
health, safety, or welfare.
(2) If an officer personally witnesses a violation of any provision of this section
occurring in plain view from or on public property, the officer may seize the animal
without seeking issuance of a warrant even if doing so requires entering onto or into
private property.
(3) If an animal is seized without a warrant under subsection (j)(2), a timely post-
seizure hearing shall be held to satisfy the constitutional requirements of due process.
(k) Nothing in this section shall be construed to prevent public safety officers, including
officers in the city public health, fire, and police departments from euthanizing animals
when authorized to do so by any statute, ordinance, or law, or when such action is in the
interest of the public health and safety.
SECTION 2.
This ordinance shall be cumulative of ali 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 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 ordnance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
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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 4.
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 exists shall constitute a separate offense.
SECTION 5.
A11 rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended herein, 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 fmal disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause 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.
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SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO,FO~NI AND LEGALITY:
Assistant
ADOPTED: March 25 2008 p~
EFFECTIVE:--~~~Q/1~~ ~~U
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Cif ®f Fart I~®~h, ~°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/25/2008 -Ord. No. # 18027-03-2008
DATE: Tuesday, March 25, 2008
LOG NAME: 50ANIMALRESCUE
REFERENCE NO.: G-16086
SUBJECT:
Adopt Ordinance Amending City Code, Chapter 6, Animals and Fowl, Article VIII, Section 6-61
Expanding Authority to Rescue Animals Left Unattended in Vehicles
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 6,
Animals and Fowl, Article VIII, Section 6-61 expanding Animal Control Officers' and other public safety
officers' authority to rescue animals left unattended in vehicles.
DISCUSSION:
In order to more clearly authorize an Animal Control Officer to rescue an animal left in an unattended
vehicle during periods of time when temperatures pose a threat to the health and safety of the animal, this
ordinance amendment is proposed.
Key elements of this ordinance revision include:
• Definition of an unlawful act to include when a person confines an animal in a parked or standing vehicle
in such a way that endangers the animal's health, safety, or welfare.
• Clear authority for public health officers and other public safety officers to seize any animal that is the
subject of a violation type noted above.
• Clear authority to seize the animal without seeking issuance of a warrant in cases in which the animal's
health, safety, or welfare is in danger even if seizing the animal requires entering onto or into private
property.
• A requirement for a timely post-seizure hearing to satisfy the constitutional requirements of due process.
Staff and the Animal Shelter Advisory Committee recommend the approval of this ordinance revision.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~ Joe Paniagua (392.6140)
Originating Department Head: Daniel Reimer (871.7201)
Additional Information Contact: James Agyemang (392.3743)
Logname: SOANIMALRESCUE Page 1 of 1