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HomeMy WebLinkAboutOrdinance 17831-10-2007ORDINANCE NO.:~'17831-10-2007 AN ORDINANCE AMENDING ARTICLE II1, SECTION 6, DIVISION 2. OF THE CODE OF THE CITY OF FORT WORTH, "ANIMALS AND FOWL," TO PROVIDE ADDITIONAL REQUIREMENTS AND REGULATIONS FOR DANGEROUS DOGS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of Section 6, "Animals and Fowl" of the City Code is to encourage responsible pet ownership and to protect the public health, safety and welfare of the City; WHEREAS, in 2006 the City Council directed the Public Health Department to explore mechanisms to strengthen the regulation of dangerous dogs owned within the City; WHEREAS, the Public Health Department determined that the City Code provisions dealing with the regulations could be strengthened pursuant to state law; WHEREAS, the Texas Health and Safety Code also allows municipalities to place additional and more stringent requirements on dangerous dogs, provided such requirements are not breed specific; WHEREAS, mandating the immediate seizure and impounding of a reported dangerous dog until final determination and if necessary, increasing the requirements of a citizen owning a dangerous dog provides enhanced protection to the City's citizens; WHEREAS, it is advisable to amend Article III, Section 6 of the City Code to provide additional requirements on dangerous dogs to insure the health and safety of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FORT WORTH, TEXAS, AS FOL.L.OWS: SECTION 1. Article III, Section 6 of the Code of the City of Fort Worth (1986), as amended, "Animals and Fowl," Division 2. shall be amended as follows: DIVISION 2. DANGEROUS DOGS Sec. 6-20.1. Nuisance declared. It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this section, and state statutes regulating dangerous dogs. Sec. 6-20.2. Dangerous dog incident. A dangerous dog incident means an incident in which the dog: (1) Makes an unprovoked attack on a person or other animal that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. 6-20.3. Dangerous dog investigation. The Animal Care and Control Authority or his or her designee may investigate all reports of dangerous dog incidents. The Animal Care and Control Authority may accept sworn statements from all victims and witnesses to the attack. 6-20.4. Reporting of incident. (1) A person may report an incident described in Section 6-20.2 of the City Code to the Animal Care and Control Authority. (2) The Animal Care and Control Authority shall provide a sworn report describing the dangerous dog incident to the City Prosecutor's Office. (3) The City Prosecutor's Office shall evaluate the case and determine whether to file a dangerous dog incident report with the Municipal Court (Court). If such a report is filed, the Court shall order the Animal Care and Control Authority or his designee to seize the dog and the Court shall issue a warrant authorizing the seizure. The Animal Care and Control Authority shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions until the Court determines one of the following: (a) that the dog is not a dangerous dog pursuant to Section 6-20.5 of the Code; (b) that the dog is a dangerous dog and the Court or Animal Care and Control Authority finds the owner has complied with the ownership of a dangerous dog pursuant to Sec.6-20.7; or (c) that the dog should be humanely destroyed or is deceased. (4) The Animal Care and Control Authority shall furnish written notice to the owner of the dog identified in the report to inform the owner that a dangerous dog report has been filed with the Court. Notice shall be by hand delivery to the owner of the dog. If the owner cannot be located, notice shall be delivered to any adult at the dog owner's last known physical address or to any adult at the residence where the dog is believed to be kept, if at a location different than, the owner's physical address. The notice shall also include a statement that the owner will be notified by the Court of the date and time for a hearing pursuant to Section 6-20.5. (5) If the Court determines the dog to be a dangerous dog, the owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure, City license and rabies vaccination, and the cost of euthanasia of the dog if ordered by the Court. Sec. 6-20.5. Hearing for dangerous dog determination. (a) The court, on receiving a report of an incident under section 6-20.4 shall set a time for a hearing to determine whether the dog is a dangerous dog. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered. (b) The court shall give written notice of the time and place of the hearing to: (i) The owner of the dog or the person from whom the dog was seized; (ii) The person who made the complaint; and (iii) Any witnesses. (c) Any interested party, including the city attorney, is entitled to present evidence at the hearing. (d) The Court shall issue its ruling within twenty-four (24) hours from the conclusion of the hearing. (e) Appeals from convictions under this statute shall be handled like other appeals from convictions in Municipal Court. Sec. 6-20.6. Failure to surrender dog It shall be a separate violation of this Ordinance for any person to refuse or fail to surrender a dog subject to this article, or harbor, hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment. Sec. 6-20.7. Requirements for owners of a dangerous dog. (a) Not later than the 15th day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) Register the dangerous dog with the Animal Care and Control Authority and pay an annual registration fee of $50.00 to the Animal Care and Control Authority; (2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure as defined in Sec. 6-1 with the requirement that the enclosure be posted with signs on all sides in four-inch letters warning of the presence of dangerous dogs and shall include a symbol of dangerous dogs understandable by young children; (3) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the Animal Care and Control Authority. (4) Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason; (5) Provide the dangerous dog with a fluorescent yellow collar to be worn by the dog at all times and to be visible at fifty (50) feet in normal day light so that the dog can be identified; (6) Spay or neuter the dangerous dog; and (7) The Animal Care and Control Authority shall implant a microchip identification device on the dog immediately after the Court has ruled in a hearing pursuant to Section 6-20.5 that such dog is dangerous. The dog's Microchip shall be registered with a national registry. The cost of the service shall be at the owner's expense. (b) The Court, after determining that the dog is a dangerous dog, shall order the Animal Care and Control Authority to continue to impound the dangerous dog in secure and humane conditions until such time as: (i) the Court orders disposition of the dog and the dog is returned to the owner, (ii) the Court orders disposition of the dog and the dog is thereby humanely destroyed, or (iii) the dog is deceased. (c) The court shall order the Animal Care and Control Authority to humanely destroy the dog if the Court determines after notice and hearing that the owner has not complied with subsection (a). The Court shall order the Authority to return the dog to the owner if the owner has fully complied with subsection (a) either after a hearing or without a hearing based on the recommendation of the Animal Care and Control Authority that the owner has complied with subsection (a). (d) The owner may appeal the decision of the Court by following the appropriate procedures for appeal of a decision of Municipal Court. During the appeal period, the dog shall remain in the custody, care and control of the Animal Care and Control Authority. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed. (e) Animal Care and Control may, at their option, request the owner of a dangerous dog to show proof, on a quarterly basis, of compliance with this Ordinance. If Animal Care and Control determines that the owner of a dangerous dog has failed to comply with any requirement listed in subsection (a) above, Animal Care and Control Authority shall issue notice of non-compliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the Animal Care and Control Authority. (f) If Animal Care and Control is not in receipt of the dog within forty- eight (48) hours after delivery of the notice, then the Court shall order the Animal Care and Control Authority or his designee to seize the dog and the Court shall issue a warrant authorizing the seizure. The Animal Care and Control Authority shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions. After the expiration of three (3) days, if the owner of the dangerous dog has not sufficiently presented proof to the Animal Care and Control Authority that he or she is in compliance with subsection (a), the Animal Care and Control Authority shall refer the case to the Municipal Court for notice and hearing. (g) Upon proof to the Court of the dangerous dog owner's non- compliance, the Court shall enter, no later than the day of the hearing, a final order for the humane destruction of the dog. (h) The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure, City license and rabies vaccination, and the cost of euthanasia of the dog if ordered by the Court. Sec. 6-20.8. Dangerous dog registration. (a) The owner of a dangerous dog shall notify the Animal Care and Control Authority within twenty-four (24) hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. (b) If an owner of a registered dangerous dog sells or moves the dog to anew address, that owner, not later than the 14t" day after the date of the sale or move, shall notify the Animal Control Authority for the area in which the new address is located. Upon selling or moving the registered dangerous dog, that owner must notify the new owner or person who has care and control of the dog that he or she is keeping or owning a dog that has been declared dangerous. On presentation by the new owner of the dangerous dog's prior registration tag and payment of a fee of $25.00, the Animal Control Authority shall issue a new registration tag to be placed on the dangerous dog's collar. (c) The owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or other animals. Sec. 6-20.9. Defenses (a) It is a defense to prosecution under this division that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog. (b) It is a defense to prosecution under this division that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog. (c) It is a defense to prosecution under this division that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler. Sec. 6-20.10 Violations (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this division; (b) An offense under this section is punishable by a fine not to exceed two thousand dollars ($2,000.00). SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort VVVorth, 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. 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 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 TO FORM AND LEGALITY: Assistant City A rney ADOPTED: October 9, 2007 Y' EFFECTIVE: ~~~~~ C®~r of Foes V~/or-f~i, `texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/9/2007 -Ordinance No. 17831-10-2007 DATE: Tuesday, October 09, 2,007 LOG NAME: 50DANGERDOG08 REFERENCE NO.: G-15921 SUBJECT: Adopt Ordinance Amending City Code, Chapter 6, Animals and Fowl, Article III, Division 2, Dangerous Dogs to Amend the Definition of a Dangerous Dog, Add Requirements for Owners of Dangerous Dogs and Provide On-going Oversight of Owner Compliance RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the City Code, Chapter 6, Animals and Fowl, Article III, Division 2, Dangerous Dogs, matching the current State definition of a dangerous dog, changing impoundment procedures, adding requirements for owners of dangerous dogs, and providing for on-going oversight of owner compliance. DISCUSSION: In 2006, Council requested information from staff specific to the regulation of dangerous dogs in Fort Worth. An informal report was provided to Council summarizing the City's current dangerous dog ordinance, legal constraints, breed-specific bans, City-wide dog bite data, and regulatory options. Council recommended and endorsed review of the existing dangerous dog ordinance to consider strengthening enforcement parameters. On July 10, 2007, an informal report was provided to Council that outlined dangerous dog ordinance revision recommendations. Key elements of this ordinance revision include: • An amendment to the definition of a dangerous dog incident to match the current State definition of a dangerous dog, thereby including unprovoked attacks on other animals. This change will allow for more aggressive enforcement of cases where a pet being walked on a leash is attacked by afree-roaming dog. • A revision that upon receipt of an aggressive dog incident being filed with the Municipal Court, a seizure warrant be issued immediately. After the Animal Control Authority seizes the dog, the dog is impounded at the animal shelter until the Court determines whether the dog is deemed to be dangerous. • A revised ordinance reduces the 30 day time period following court declaration of a dog as dangerous to 15 days for an owner to comply with the requirements of owning a dangerous dog. The dog will remain in Animal Care and Control's custody until compliance is verified or if any appeal processes are pursued by the owner. The owner will pay all applicable sheltering fees during this time period. • An addition to the requirements of owning a dangerous dog to include a $50 annual registration fee and that the dog's microchip be registered with a national registry. • A revised ordinance allowing for periodic compliance checks with penalties for failure to sustain compliance, up to and including seizure and destruction of the dog. In summary, the intent of the proposed revised ordinance is to expedite dangerous dog seizure and Logname: SODANGERDOG08 Page 1 of 2 compliance processes, allowing for more aggressive enforcement and removing windows of time that the dog can remain in custody of the owner in the same environment in which an attack occurred. Staff and the Animal Shelter Advisory Committee recommend the approval of this ordinance revision. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bX: Originating Department Head: Additional Information Contact: Joe Paniagua (6140) Daniel Reimer (7201) James Agyemang (3743) Logname: SODANGERDOG08 Page 2 of 2