HomeMy WebLinkAboutOrdinance 8549~:
' ice:
r•
ORDINANCE NO ~ S~q
AN ORDINANCE AMENDING CHAPTER 7, "ANIMALS AND FOWL", OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS
AMED7DED, B Y REVISING SECTIONS 7-2 THROUGH 7-19, PROVID-
ING FOR ENFORCEMENT B Y DIRECTOR OF PUBLIC HEALTH OR HIS
REPRESENTATIVES; PROVIDING FOR HEARINGS; PROVIDING FOR
CAGING AND CONFINING OF CERTAIN ANIMALS; PROVIDING FOR
NOTICE AND HEARING ON IMPOUNDMENT, SALE, DISPOSAL OR
DESTRUCTION OF ANIMALS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILT'I'Y CLAUSE;
PROVIDING A PENALT Y, PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE
N04V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
That Chapter 7, "Animals and Fowl", of the Code of the City
of Fort Worth, Texas (1964), as amended, be amended by revising
Sections 7-2 to read as follows
Sec 7-2 Enforcement of Chapter Provisions
The director of public health is authorized to
enforce all of the provisions of this chapter
When required by this Chapter, the director of public
health shall provide for a hearing to determine the
applicability of this Chapter to certain situations
The director of public health may designate representa-
tives to conduct hearings or enforce any provisions of
this Chapter
SECTION 2
That Chapter 7, "Animals and Fowl", of the Code of the City
of Fort Worth, Texas (1964), as amended, be amended by renumber-
ing Sections 7-2 through 7-6 as Sections 7-3 through 7-7 respec-
tively
SECTION 3.
That Chapter 7, "Animals and Fowl", of the Code of the City
of Fort Worth, Texas (1964), as amended, be amended by renumber-
ing and revising Sections 7-7 through 7-15 to read as follows
"Article II CAGING OF ANIMALS; IMPOUNDMENT AND
DISPOSAL
Sec 7-8 Fowl to be penned
-`.
;~~
.~ ~_
SECTION 6
It is hereby declared to be the intention of the City Coun-
cil that the sections, paragraphs, sentences, clauses and phrases
of this ordinance are severable, and if any phrase, clause, sen-
tence, 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 of this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph
or section
SECTION 7
That any person 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
Hundred and Nof100 Dollars {$200 00) for each offense
SECTION 8
The City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption and penalty clause and
effective date of this ordinance for five (5) days in the offi-
cial newspaper of the City of Fort Worth, Texas, as authorized by
the TEX. REV CIV STATS art 1176b-1
SECTION 9
This ordinance shall be in full force and effect from and
after the date of passage and publication as above specified
APPROVED AS TO FORM AND LEGALIT Y
C llU./ Y~~
City Attorney
ADOPTED : C ~'~~ Co , / 9'g~-
EFFECTIVE ~~ 6, f %od--~
-~
.~t+ "fir
rl
Fr(E,R FILE~li /~\~////////~~-'n ~° /~ /J~///7/J ~ /~ /~ //~/// ~ /~ /~/~ /~(J,.rn
.G,t.T:YNMAfVAGER 11 " • ~ ~•W lLj/ ® O ~{.i1V~LLiIV ~®lL/l4/~~L.I~IY ~®~~ IVW~~R/~LitV(V lV®~
DATE ~ REFERENCE ~ SUBJECT Amendment to Animal Ordinance ~ PAGE
7 ~ c~`d^~~fi'$ 7 I l'i~. PJ 2 71 f ` 1 of ~_
j1Ft~'~+..-iiirz~i'tf..
On October 31, 1981, a pet: cougar escaped captivity and inflicted minor wounds
on a young boy Serious injury did not result and the animal was finally
apprehended caith the assistance of its owner Subsequent review of applicable
_ City ordinances revealed that authority to caputre or impound dangerous animals,
,_,.__ except dogs -t~.hat have already bitten some one and certain livestock, is not
--~- ---~ addressed by- the City Code
'°-~~ Theref®x'e~,_ t,~ deal effectively with future incidents i~luolving dangerous animals,
~._ _.___.~..a.t._~is -i~he: Ci~.y ° s contention that ordinance authority is required
~=-° - An"~37dtTa~nce'amending Chapters of the Fort Worth City Code regarding dangerous
animal~_i~___a~ached for consideration by the City Council A brief description
~,.....s,.. ,....~.._. _.~.._. ... _
~~,,,,~., o.f~herp~-s~p~,ed amendment follows
;,~.~,,..r,.._.~.e~i~~i'~=2 "Enf'o~rcement of Chapter Provisions", is revised to authof~dze
_ en~orcem_ent by the: Director of Public Health and to provide for hearings
~-.~_` ~concerning~snimal control situat;~ons It also provides that a representative
:~~~-~ -~~wmay-~b~.- designated to conduct hearings ane enforce the provisions of this chapter
Section d-3 through 7-8 are renumbered to provide continuity
Sects®n a-9, "Wild Animals and Reptiles to be Caged", requires that wild
animals and reptiles be kept in cages and defines a violator of this section
Section ~-10, "Animals Running ~~ barge", combz.nes previous Sections 7-9,
"Prohibited", and 7-10, "Declared Nuisance"
Section 7-11, "Impoundment of Animals", is revf.sed to provide authority to
impound dangerous animals and impound designated animals that have escapeet
or are running at large
Section 7-12, "Hearing on Impoundment of Animals", requires notification of
the owner or custodian of impounded animals and the owner's right tm a hearing
Aldo requires public notice when the owner cannot be determined
Section 7-13, "Sale of Impounded Animals, Notice", is amended to clarify the
authority of the Director of Public Health to sell animals at public auction
and indicates that such auction may be conducted without notice if notice has
already been given under Section 7-12
Section ~-14, ',conditions for Release of Impounded Animals", directs that the
Director of Public Health require proof that reasonable precautions have been
taken to prevent repeated violations of this ordinance
Section 7-15, "Disposal or Destruction of Animals Not Sold", provides for
disposition of animals not sold and authorizes destruction of animals found at
a hearing to be a threat to public safety or that are required to be destroyed
by State law
r ~~~;
DATE ~ REFERENCE SUBJECT Amendment t0 Animal Ordinance PAGE
NUMBER
2 of 2
4 6 82 G-S2~1
Reoommendation
~t is recommended that the City Council adopt the attached ordinance amending
Chapter 7 (Animal and F'owl), Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14 and 15 of the City Code, and authorize impl.ement.ation of ehanges in the
Animal Control Program
VS plg
aP~PRQ~f~Q Bl~
~~~' ~~~11~C~L
A P R ~ 1982
~' ~.aS-~
aCketary of the
SUBMITTED FOR THE
CITY MANAGER'S IV; Xv~' riv~6 ~ a
DISPOS171ON BY CO NCIL: ~q
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING
T r
A~[~E~R~~ NAB V ~J g
~.~.
~~
DEPAR
MENT HEAD: $ $rOO~C~ Taylor, M D SEC
FOR ADDITIONAL INFORMATION
CONTACT DY Ta for E'}i;t X234 DATE