HomeMy WebLinkAboutOrdinance 20501-11-2012 ORDINANCE NO. 20501.-11-2012
AN ORDINANCE AMENDING CHAPTER 6 "ANIMALS AND FOWL"
OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986) AS
AMENDED, BY AMENDING ARTICLE I "IN GENERAL", SECTION 6-1
"DEFINITIONS" TO ADD DEFINITIONS FOR "FERAL CAT" AND
"TRAP, NEUTER, AND RETURN (TNR) PROGRAM"; BY AMENDING
SECTION 6-11(a) TO PROVIDE AN AFFIRMATIVE DEFENSE FOR
KEEPING MORE THAN THREE CATS AT A RESIDENCE; AND BY
ADDING A NEW SECTION 6-12.2 "FERAL CAT TRAP NEUTER, AND
RETURN (TNR) PROGRAM" TO DIRECT THE CODE COMPLIANCE
DIRECTOR TO DEVELOP AND ADMINISTER A PROGRAM
DESIGNED TO REDUCE THE NUMBER OF FERAL CATS WHICH ARE
EUTHANIZED, TO ESTABLISH STANDARDS FOR THE
MANAGEMENT OF FERAL CATS, AND TO PROVIDE FOR THE
MINIMIZATION AND ABATEMENT OF NUISANCES CAUSED BY
FERAL CATS; BY AMENDING ARTICLE 11 "RESTRAINT OF
ANIMALS", SECTION 6-13 "RESTRAINT OF ANIMALS", TO PROVIDE
AN AFFIRMATIVE DEFENSE FOR FAILING TO KEEP A FERAL CAT
FROM ROAMING BEYOND THE BOUNDARIES OF A PERSON'S
PREMISES; BY AMENDING ARTICLE IV"DOG AND CAT LICENSES",
SECTION 6-22(c) "LICENSE REQUIRED", TO PROVIDE AN
AFFIRMATIVE DEFENSE FOR FAILING TO LICENSE OR DISPLAY A
LICENSE FOR A FERAL CAT; BY AMENDING ARTICLE VI "ANIMAL
CONTROL IMPOUNDMENT; FEES", SEC. 6-43(a)(10)
"IMPOUNDMENT; NOTICE; DISPOSITION" TO PROVIDE THAT A
FERAL CAT THAT IS OTHERWISE IN ACCORDANCE WITH THE
CITY'S TRAP, NEUTER, AND RELEASE PROGRAM SHALL NOT BE
IMPOUNDED MERELY FOR BEING AT LARGE; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, feral cats currently exist in large numbers and roam free throughout the
City of Port Worth with no effective means of controlling their population; and
WHEREAS, the City currently addresses nuisances caused by feral cats through trapping
and humane euthanasia; and
WHEREAS, approximately 3,000 feral cats are humanely euthanized annually at the
City's shelter; and
WHEREAS, the City recognizes the potential for a well-managed trap-neuter-return
(TNR) program as a mechanism to reduce existing feral cat populations and to reduce the
euthanasia rate of feral cats; and
WHEREAS, City staff facilitated seven public meetings to solicit input on feral cat
policies; and
WHEREAS, the majority of public feedback favored TNR as a means of addressing feral
cats in Fort Worth; and
WHEREAS, public concerns expressed were primarily focused on the unwanted
presence of feral cats in the community and TNR provides a mechanism to manage and control
their populations; and
WHEREAS, in the interest of instituting a successful program for the TNR it is prudent
to develop a program that is designed to reduce the number of feral cats which are euthanized,
establishes standards for the management of feral cats, and provides for the minimization and
abatement of nuisances caused by feral cats; and
WHEREAS, implementation of a TNR program requires amendments to City Code to
avoid conflicts, by providing that a feral cat that is not subject to capture by the City merely for
being at large, and by enacting affirmative defenses to what would otherwise constitute
violations for allowing feral cats to roam beyond an owner's property or for failing to obtain and
display a license for a feral cat;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS:
SEC'T'ION 1.
Chapter 6 "Animals and Fowl", Article I "In General", Section 6-1 "Definitions" of the
Code of the City of Fort Worth is hereby amended to add new definitions for "Feral Cat" and
Trap,Neuter, and Return (TNR) Program to read as follows:
See. 6-1. -Definitions.
Feral cat: Any homeless, wild, or untamed cat.
Trap, neuter, and return (TNR)program: A program authorized by the City pursuant to which
feral cats are trapped, neutered or spayed, vaccinated, eartipped, and returned to an approved
person.
SECTION 2.
Chapter 6 "Animals and Fowl", Article I "Restraint of Animals", Section 6-11(a)
"Number of Dogs and Cats at Residences" of the Code of the City of Fort Worth is hereby
amended to provide an affirmative defense to prosecution for exceeding the allowable number of
cats housed at a residence, to read as follows:
Ordinance No. 20501-11-2012
Page 2 of 5
(a) Except as provided by this section, no residence within the city shall house more
than three (3) dogs and three (3) cats over the age of eight (8) weeks. It shall be an
affirmative defense to prosecution under this Section 6-11(a) that any cats in excess of
three (3) are Feral Cats in the City's Trap Neuter, and Return Program.I -----------......
SECTION 3.
Chapter 6 "Animals and Fowl", Article I "In General", of the Code of the City of Fort
Worth is hereby amended to add a new Section 6-12.2 "Feral Cat Trap, Neuter, and Return
(TNR) 'Program" to read as follows:
Sec. 6-12.2.—Feral Cat Trap, Neuter, and Return Program.
The Director shall develop and administer a Trap, Neuter, and Return (TNR) Program
designed to reduce the number of Feral Cats which are euthanized,to establish standards for the
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management of Feral Cats, and to provide for the minimization and abatement of nuisances
caused by Feral Cats,
SECTION 4.
Chapter 6 "Animals and Fowl", Article 11 "Restraint of Animals", Section 6-13(c)
"Restraint of Animals" of the Code of the City of Fort Worth is hereby amended to provide an
affirmative defense to prosecution for failing to keep a cat from roaming beyond the boundaries
of a person's premises, to read as follows:
(c) It shall be unlawful for a person having charge, care, or ownership of a cat to fail
to keep the cat from roaming beyond the boundaries of the person's premises. It shall be
an affirmative defense to prosecution under this Section 6-13(c) that the cat is a Feral Cat
in the City's Trap, Neuter, and Return Program.
SECTION 5.
Chapter 6 "Animals and Fowl", Article IV "Dog and Cat Licenses", Section 6-22(c)
"License Required" of the Code of the City of Fort Worth is hereby amended to provide an
affirmative defense to prosecution for failing to license a cat or to fail to display a license for a
cat, to read as follows:
(c) Defenses.
(4) It shall be an affirmative defense to prosecution under subsections (a)(1) and
(a)(2) that the Animal is a Feral Cat in the City's Trap, Neuter, and Return Program.
Ordinance No.20501-11-2012
Page 3 of 5
SECTION 6.
Chapter 6 "Animals and Fowl", Article VI "Animal Control Impoundment; Fees", See. 6-
43(a)(10) "Impoundment; notice; disposition" of the Code of the City of Fort Worth is hereby
amended to provide that a Feral Cat that is otherwise in accordance with the City's Trap, Neuter,
and Release Program shall not be subject to capture by the City merely for being at large, to read
as follows:
(a) Animals may be impounded by the animal care and control manager under any of
the following circumstances when:
(10) A cat is roaming beyond the boundaries of the premises of the person having
charge, care, or ownership of the cat. A Feral Cat that is otherwise in the City's Trap,
Neuter, and Return program shall not be subject to capture by the City merely for being
at I arge.
SECTION 7.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 8.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 9.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 10.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
Ordinance No.2050 1-1 1-20 12
Page 4 of 5
caption summarizing the purpose nfthis ordinance and the penalty for violating this ordinance
for two (2) days in the official newspaper of the City ofFort Worth, Tcxuu` as authorized by
\/IC.A. Local Government Code Subsection 53.Ol3.
SECTION 11.
This ordinance shall take effect after adoption and publication as required by law,
APPROVED ASTO FORM AND LEGALITY:
Assistant City Attorney
M&CNo. G-17645
Adopted: November 12, 2012
Effective:'
Ordinance No. 205Ol-ll-28l2
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 11112/2012 - Ordinance, No. 20501-11-2QI
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CONTINUED FROM A PREVIOUS WEEK
DA"rE: Tuesday, August 07, 2012 REFERENCE NO.: G-17645
LOG NAME: 23FERAL CATS TNR
SUBJECT:
Adopt Ordinance Amending Chapter 6 of the City Code to Enact a Program for the Management of Feral
Cats to Allow for the Implementation of a Trap-Neuter-Return Program in Fort Worth (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 6 of the City
Code to allow for the implementation of a feral cat Trap-Neuter-Return program within the City of Fort
Worth and which assigns accountability and responsibility for managing the program as part of a
collaborative effort between the City's Code Compliance Department and community sponsors and
caretakers.
DISCUSSION:
Feral cats are defined as non-socialized cats that live in the wild and have no owner. It is estimated that
there are thousands of feral cats living in Fort Worth. Currently, the Code Compliance Department's
Animal Care and Control Division responds to nuisance reports involving feral cats by loaning traps to
residents. As feral cats are trapped, they currently are brought to the animal shelter. Due to their non-
social nature, there are very limited community resources available for adoption or rescue. As a result,
approximately 3,000 feral cats are euthanized at the animal shelter annually. Additionally, and more
importantly, there are no current mechanisms in place to adequately address the uninterrupted breeding
cycles of feral cats and consequently their numbers continue to grow.
In benchmarking other cities across the country, a large cross-section of cities have adopted Trap-Neuter-
Return (TNR) programs as a way of addressing feral cat populations and the challenges they present.
TNR programs require a coordinated and managed effort to trap, spay/neuter, and vaccinate feral cats
with an expectation that these managed efforts will stabilize or reduce feral cat populations and provide
these animals (and the community who may interact with them) protection from diseases such as rabies.
Beginning in November 2011, Staff facilitated a series of five public meetings to discuss potential solutions
to this issue, including TNR. A brief summary of the outcome of the meetings follows:
• Majority of public feedback favored TNR; and
• Concerns expressed were focused on potential nuisance issues and/or environmental impacts
related to feral cats.
Following the public meetings, Staff created draft code revisions for implementing TNR as a mechanism to
stabilize and/or reduce existing feral cat populations in Fort Worth. In lieu of continuing an ineffective
approach to addressing challenges posed by feral cats, Staff believes TNR is the best model for putting
controls in place to manage feral cat populations. While the concerns expressed are considered
Logname: 23FERAL CATS TNR Page 1 of 2
legitimate, they all speak to an unwanted presence of feral cats in the community. TNR is a mechanism for
reducing feral cat populations and the problems they create.
The draft ordinance was circulated and posted for a 30-day public comment period from May 14, 2012
through June 14, 2012. Following the comment period, Staff facilitated another public meeting to discuss
the specifics of the ordinance proposal. In summary, the ordinance proposal submitted for Council
consideration is the result of community input and research of other practices in other municipalities
across the country.
The proposed ordinance allows for feral cat colonies with regulations and accountability assigned at three
levels: (1) Caretakers, (2) Sponsors, and (3) Code Compliance Department. Caretakers must register with
a sponsor, take appropriate and reasonable steps to spay/neuter, vaccinate and eartip all cats in their
colony, provide sponsors with appropriate verifications and related records, provide food and water for
colony cats and obtain medical attention for cats in their colonies observed to require it.
Sponsors must obtain written permission from the City to serve as a sponsor, review and approve h*r@| cat
colony caretakers, help resolve any complaints received specific to feral cats or their caret@henu, maintain
records specific to the caretakers and cats they sponsor and provide access to records to the City, prevent
colonies in environmentally sensitive areas, and report to the City any unresolved nuisance issues.
The Code Compliance Department will assure compliance with these requirements as well osensure
timely and effective nuisance abatements. The Code Compliance Department may also order the removal
of any feral oat for public hea|th, public oafeh/, nuisance or animal vve|fGrm issues.
In response to nuisance romp|aints, a two-strike policy iswritten into the ordinance proposal. The first
time a feral cat is trapped as a nuisance, it will be returned to the sponsor/caretaker for abatement of the
nuisance within 30 days. After the first incident, the feral cat may be returned to the environment from
which it was trapped. If the same cat is again trapped as a nuisance, the sponsor/caretaker must find
another alternative that does not include returning the cat hu the same environment or releasing itinto
another feral oat colony within the City. If no alternative exists, the City shall take possession of the feral
cat for disposition. The ordinance proposal does not affect a property owner's rights to humanely address
nuisance wildlife on their property.
The City shall maintain the right to suspend and/or remove a caretaker or sponsor's approved status at
any time for failure to follow ordinance provisions.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
CENTERS:FUND TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:Submitted for City Manager's Office by:
Charles Daniels (810Q)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: SooKHan|an (7204)
23FBO�AL CATS INBL Page 2of2