HomeMy WebLinkAboutOrdinance 18099-05-2008ORDINANCE NO. 18099-OS-2008
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 6 "ANIMALS
AND FOWL" SECTION 6-1 "DEFINITIONS" OF THE CITY CODE TO
AMEND DEFINITION OF "ANIMAL ESTABLISHMENT" AND
AMENDING CHAPTER 6, ARTICLE IX TO ADD SECTION 6-79
"PROHIBITED SALES"; PROVIDING 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, the Department of Public Health is charged with promoting and
protecting the public health of the community; and
WHEREAS, diseases transmitted from animals to humans (zoonotic diseases)
including rabies virus, salmonellosis, roundworms, cat scratch fever, strep throat, ringworm, and
scabies, pose a threat to the public health of the community; and
WHEREAS, the purposes of Chapter 6 of the City Code governing "ANIMALS
AND FOWL" include encouraging responsible pet ownership and protecting the public health,
safety, and welfare of the city; and
WHEREAS, sale of untraceable and possibly ill animals poses a threat to public
health and to animal health in the form of possible epidemics of animal-borne illness; and
WHEREAS, the responsibilities of the Police Department include enforcing all
municipal ordinances with which it is charged; and
W]EIEREAS, the responsibilities of the Code Compliance Department include
enforcement of the City's health ordinances; and
WI~REAS, it is advisable to amend Chapter 6, Article IX of the City Code to
prohibit unregistered and untraceable sales of animals and to authorize officers in the City's
Public Health, Code Compliance, and Police Departments to enforce this prohibition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Article I, Section 6-1 "Definitions." of Chapter 6 of The Code of the City of Fort Worth,
Texas, is hereby amended to read as follows:
Animal establishment: Any pet shop, kennel, grooming shop, auction, performing animal
exhibition, or other facility engaged in the handling of domestic animals, excluding veterinary
clinics, hospitals, animal shelters and individuals caring for animals in their private residence in
compliance with the terms of this chapter.
That Article IX of Chapter 6 of The Code of the City of Fort Worth, Texas, is hereby
amended by adding the following provision:
Sec. 6-79. Prohibited sales.
(a) It shall be ,unlawful for any person to sell, exchange, trade, barter, lease, rent, give
away, or display for a commercial purpose any live animal on any roadside, public right-of--way,
parkway, median, park, playground, swimming pool, other recreation area, flea market, or
commercial or retail parking lot that is generally accessible by the public, regardless of whether
such access is authorized.
(b) A person commits an offense if the person fails to comply with this section.
(c) It is an affirmative defense to prosecution under subsection (a) that the person is a:
veterinary clinic; animal hospital; animal shelter; animal welfare, rescue, and/or adoption agency
that is a registered non-profit entity in compliance with section 501(c)(3) of the Internal Revenue
Code; bona fide zoological park; circus; educational institution; museum; licensed laboratory;
publicly owned nature center; bona fide member of an educational or scientific association or
society approved by the director of health; persons holding permits from an agency of the state or
the United States for the care and keeping of animals for rehabilitative purposes; animal
establishment in compliance with the terms of this chapter; or individual caring for animals in his
private residence in compliance with the terms of this chapter.
(d) Officers in the city's public health, code compliance, and police departments are
authorized to investigate alleged violations of this section and to issue citations for such
violations.
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.
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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.
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 may be prosecuted until final 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
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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. TC~ FORM AND LEGALITY:
Assistant
ADOPTED: May 20, 2008
i
EFFECTIVE: ~~ ~C~`J'~~ r~~
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City ®f F®r~ ~/®rth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/20/2008 -Ord. No. 18099-05-2008
DATE: Tuesday, May 20, 2008
LOG NAME: 50ANIMALSALES
REFERENCE NO.: G-16149
SUBJECT:
Adopt Ordinance Amending City Code, Chapter 6, Animals and Fowl, Article I, Section 6-1, and
Article IX, to add Section 6-79 Prohibiting the Roadside Sale of Animals
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 6,
Animals and Fowl, Article I, Section 6-1, and Article IX, to add Section 6-79 prohibiting the roadside sale of
animals.
DISCUSSION:
The sale of animals by unregulated itinerant vendors operating at roadsides or at other temporary outdoor
venues poses public health risks and nuisance issues. This practice has resulted in diseased animals being
purchased with no mechanism for tracing the origin of the animal or notifying persons potentially exposed to
the diseased animal. Additionally, many complaints are received annually from customers who purchased
an animal sold as a specific breed or pedigree only to learn that the information provided was not factual
and with no way to contact the seller of the animal. Lastly, traffic and other roadway hazards result from
roadside vendors.
For all of these reasons, the proposed ordinance revision makes it "unlawful for any person to sell,
exchange, trade, barter, lease, rent, give away, or display for a commercial purpose any live animal on any
roadside, public right-of-way, parkway, median, park, playground, swimming pool, other recreation area,
flea market, or commercial or retail parking lot that is generally accessible by the public, regardless of
whether such access is authorized." Exceptions are provided for animal rescue organizations, licensed
animal establishments (pet stores), and other scientific, educational and entertainment entities that display
but do not sell or give away animals. The ordinance revision also provides specific authority for Animal
Control, Code Compliance, and Police Officers to investigate alleged violations and issue citations.
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/AccountlCenters
FROM Fund/Account/Centers
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: SOANIMALSALES Page 1 of 1