HomeMy WebLinkAboutOrdinance 18028-03-2008ORDINANCE NO. 18028-03-2008
AN ORDINANCE AMENDING CHAPTER 6 "ANIMALS AND FOWL,"
ARTICLE I TO ADD SECTION 6-121 "PARENTAL RESPONSIBILITY"
TO IMPOSE RESPONSIBILITY ON PARENTS AND GUARDIANS FOR
ANIMALS OWNED BY MINOR CHILDREN; PROVIDING LIMITATION
ON LIABILITY; PROVIDING FOR AFFIRMATIVE DEFENSE;
PROVH)ING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE 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 allows for imposing liability on parents and guardians for
actions of minor children; and
WHEREAS the Public Health Department determined that the City Code
provisions should be strengthened in compliance with state law; and
WHEREAS it is advisable to amend Article I of Chapter 6 of the City Code to
impose responsibility on parents and guardians for animals owned or alleged to be owned by
minor children.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Article I of Chapter 6 of The Code of the City of Fort Worth, Texas, is hereby
amended by adding the following provision:
Sec. 6-121. Parental responsibility.
(a) If an animal is owned or purported to be owned by an individual who is younger
than seventeen years of age, responsibility and liability for compliance with this chapter
with respect to such an animal shall be imposed on the parent, legal guardian, or other
person who has the duty of control and reasonable discipline of the minor individual,
regardless of whether the parent, legal guardian, or other person otherwise meets the
definition of "owner" with respect to the animal at issue.
(b) Financial liability imposed under subsection (a) of this provision shall not exceed
limits imposed by state law.
(c) It shall be an affnmative defense to imposition of responsibility and liability
under subsection (a) that the parent, legal guardian, or other person establishes by a
preponderance of the evidence that he or she made a reasonable good faith effort to
ensure compliance with this chapter.
SECTION 2.
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 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, 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.
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SECTION 5.
All 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 maybe 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.
SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS T~ 1FCbRM AND LEGALITY:
Assistant City Attorney
ADOPTED: March 25 2008
EFFECTIVE: ~ ~ ~~,~~
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Cif of Fort Worth, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/25/2008 -Ord. No. # 18028-03-2008
DATE: Tuesday, March 25, 2008
LOG NAME: 50CHILDOWNEDPET
REFERENCE NO.: G-16087
SUBJECT:
Adopt Ordinance Amending City Code, Chapter 6, Animals and Fowl, Article I, to Add Section 6-121
Clarifying Parental Responsibilities for Child-Owned Pets
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 6,
Animals and Fowl, Article I, to add section 6-121 clarifying parental responsibilities for child-owned pets.
DISCUSSION:
During the course of enforcing city laws specific to animals, Animal Care and Control Officers have, upon
occasion, been told by a parent that an ordinance violation is not applicable to them because the animal
involved in the violation is owned by their child. While this situation does not often hamper the prosecution
of the offending parent through our municipal court system, the lack of an ordinance provision speaking
specifically to parental responsibilities of child-owned pets has resulted in protracted field encounters
and challenges to citations.
An ordinance amendment that can be easily referenced and shared in the field, and that clearly indicates
parents are responsible parties for pets owned by their children, will provide field officers with another tool
to engage in more effective and less volatile customer interactions.
Key elements of this ordinance revision include the following new language: "If an animal is owned or
purported to be owned by an individual who is younger than seventeen years of age, responsibility and
liability for compliance with this chapter with respect to such an animal shall be imposed on the parent, legal
guardian, or other person who has the duty of control and reasonable discipline of the minor individual,
regardless of whether the parent or legal guardian, or other person otherwise meets the definition of `owner'
with respect to the animal at issue."
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/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Joe Paniagua (392.6140)
Daniel Reimer (871.7201)
James Agyemang (392.3743)
Logname: SOCHILDOWNEDPET Page 1 of 1