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HomeMy WebLinkAboutIR 7428 ' INFORMAL. REPORT TO CITY COUNCIL. MEMBERS No. 7428 10er46N To the Mayor and Members of the City Council November 14, 1989 v � r;Y�`�'• Subject: Proposed Revis ang of Chapter b, Animals and Fowl , of the For`f' Dort h City Code Historical Through the years, animals and the need for animal control has been a very visible problem in the community. Free roaming dogs and cats, owned or unowned, have often posed a threat to the health and safety of the residents of Fort Worth. Historically, it has been the Animal Control Division that has been looked upon as having sole responsibility for resolving these problems. Comments Animal control is not just an animal problem, it is also a people problem. Approximately WX of the bites occurring in Fort Worth, are the result of an owned dog or cat . The number of animals wearing a chain or collar ( without a registration tag attached ) that are captured by staff would also support the fact that many animals roaming the neighborhoods belong to an owner. Staff believes the proposed revised ordinance is a needed im- provement because the proposed revisions will address the concerns of owner responsibility: and accountability that are associated with the animals, actions. in addition, it would serve to strengthen working relationships between the Animal Control Unit and various segments of the community, make obtaining a city registration tag easier , and assist in reducing the free roaming dog and cat population. Attached are a summary of the proposed revisions, and the revised ordinance. A copy of this ordinance was given to several veterinarians for their review and comments. After discussing the proposed revisions with the City Council , staff proposes to present to the Council an M&C recommending approval of the revisions of Chapter b of the Fort Worth City Code. r 'DAVID IVORY CITY MANS Attachment ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS �-- SUMMARY OF PROPOSED REVISIONS op" 8rticle i General *Section 6-4 exempts city officials and/or employees from all liability while acting on behalf of the city in enforcing the articles of Chapter 6. *Section 6-5 has raised the maximum possible fine for violation of the provision of Chapter 6 . *Section 6-6 allows for incorporation of other laws, statutes and rules , both present and future amendments. by reference . *Section 6-7 defines specific actions for what constitutes interference of an officers duty . *Section 6-12 allows the City Health Officer to determine and declare a nuisance; and the nuisance to be unlawful . Article 11 Restraint of Animal *Section 6-13 has included a provision that requires animals to be restrained in a manner so they can not go on the street , trespass on the property of another . Article LU Vicious Animals *Section 6-14 concerns finding that an animal is possibly vicious and notification to the owner of the right to a determination hearing. *Section 6-15 provides for the determination hearing. *Section 6-16 provides for the right of an appeal to the determi- nation. *Section 6-17 specifies actions that would be a defense in declaring an animal vicious. *Section 6-18 provides specific compliance requirements for animals declared to be vicious . *Section 6-19 requires owners of vicious animals to notify the Animal Control Division of charges in the status of the animal . *Section 6-20 provides for penalties for violation of vicious animal requirements . Article IV QQq &pd Cal License *Section 6-21 pertains to the required license. license fee, tag and records. Changes in this section include: - the license being valid for I year from the date of the most recent rabies vaccination - require cats to be licensed - increase registration fees from $2.00 - $5.00 - issuance of a permanent city registration tag for $35.00 with conditions poll, C *Section 6-22 pertains to revocation a dog and/or cat license, and the requirements for reinstatement. *Section 6-23 allows for veterinarians to voluntarily participate in issuing city registration tags, and collecting the required fees. *Section 6-24 provides for veterinarians to receive a service charge for their participation. *Section 6-25 establishes the accounting procedure for monthly reporting and supplies required. Article V Rabies Control *Section 6-41 references Article 4477-6a of the Rabies Control Act of 1981 restricting the sale, distribution, and administer ing of the rabies vaccine. *Section 6-42 explains the actions required when an animal has created a condition which may expose or transmit the rabies virus to a human being or another animal . Changes of this section include : - the quarantine period is ten ( 10) days from the date of the possible exposure. - the owner of the animal has 24 hours upon notification to quarantine the animal . - high risk animals, whether owned or unowned will be euthanized and submitted for testing. - an animal that inflicted multiple wounds to the head, face or neck may be euthanized and submitted for testing. Article V1 Impoundment Fees *Section 6-43 specifies the reasons animals can be impounded which now includes dogs and cats that do not have a valid cur rent rabies vaccination. *Section 6-44 pertains to the fee charged for impoundment and boarding of an animal . Changes to this section include : - escalating impoundment fees, based on owner' s occurrences. - broader fee range of $20 - $210. 00 which provides incentives for owners having animals that are vaccinated, licensed and altered. -increase in boarding fees from $3.00 per day to $5. 00 and $10.00 per day . Article V11 Q9S and Cat Sterilization *Section 6-46 requires dogs and cats adopted from the Animal Control facility to be spayed or neutered. *Section 6-47 requires the owner verify the spaying or neutering of the adopted dog or cat. *Section 6-48 provides the right of Animal Control to reclaim the animal in the event the owner fails to have the dog or cat alt- ered. *Section 6-49 provides an affirmative defense to Sections 6-46 and 6-47 stated above. Article VIII Care and Humane Treatment of Animals *Section 6-64 increases the rate for dead animal pick-up. Article IX Animal Establishments *Section 6-77 makes it unlawful for animal establishments to release dogs and cats without the animal being vaccinated against rabies. Also, animal establishments and animals can be inspected at any reasonable business hour . *Section 6-78 provides minimum standards of sanitation. Chapter 6 r A*% ANIMALS AND FOWL Article I . General A. Sect. 6-1 Definitions B. Sect. 6-2 Scope C. Sect. 6-3 Animal Control Section D. Sect. 6-4 Exemption of City Officials from Liability E. Sect. 6-5 Violations, Penalties F. Sect. 6-6 Incorporation by Reference G. Sect. 6-7 Interference with Animal Control Officer H. Sect. 6-6 Sanitary Standards I . Sect. 6-9 Inspection of Animals and Premises J. Sect. 6-10 Non-Complying Premises K. Sect. 6-11 Duty of Police as Enforcement of Chapter L. Sect. 6-12 Nuisances Declared Article II . Restraint of Animals A. Sect. 6-13 Restraint of Animals Article II1 . Vicious Animals A. Sect. 6-14 Findings Am% B. Sect. 6-15 Determination Hearing C. Sect. 6-16 Appeal D. Sect. 6-17 Defense to Determination E. Sect. 6-18 Compliance Requirements F. Sect. 6-19 Notification of Change G. Sect. 6-20 Penalties for Violation Article IV. Dog and Cat Licenses A. Sect. 6-21 Required; Application; (fee; tag; records) B. Sect. 6-22 Revocation C. Sect. 6-23 Collection of License Fees and Issuance of License Tag by Designated Veterinarians D. Sect. 6-24 Service Charge E. Sect. 6-25 Supplies Accounting Procedure Article V. Rabies Control A. Sect. 6-41 Rabies Vaccination B. Sect. 6-42 Animals that Exhibit Rabies Symptoms, Bite, Scratch or Quarantine Article VI . Animal Control ; Impoundment ; Fees A. Sect. 6-43 Impoundment B. Sect. 6-44 Time; Fees C. Sect. 6-45 Release from Impoundment Article V11 . Dog and Cat Sterilization A. Sect. 6-46 Requirements for Adoption B. Sect. 6-47 Confirmation of Sterilization C. Sect. 6-48 Non-Compliance with Sterilization D. Sect. 6-49 Affirmation Defense Article VIII . Care and Humane Treatment of Animals A. Sect. 6-61 Unlawful Acts B. Sect. 6-62 Keeping of Certain Animals C. Sect. 6-63 Guard Dogs D. Sect. 6-64 Dead Animal Pick-Up Article IX. Animal Establishments A. Sect. 6-67 Compliance by Animal Establishments B. Sect. 6-78 Minimum Standards ell f ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, (1986) , AS AMENDED, BY PROVIDING REGULATIONS CONCERNING ANIMALS, ANIMAL SANITATION STANDARDS, INSPECTIONS, ENFORCEMENT AND REMEDIES, RESTRAINT OF ANIMALS, PURSUIT OF ANIMALS, VICIOUS ANIMALS, DOG AND CAT LICENSES AND FEES, RABIES CONTROL, IMPOUNDMENT AND QUARANTINE, DOG AND CAT STERIL- IZATION AND ADOPTION, CARE AND HUMANE TREATMENT OF ANIMALS, PROHIBITED ANIMALS, GUARD DOGS, DEAD ANIMAL PICKUP, AND ANIMAL ESTABLISHMENTS; PROVIDING PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PRO- VIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 6, "Animals and Fowl" of the Code of the City A4% of Fort Worth, Texas, ( 1986 ) , as amended, be and is hereby amended to read as follows: CHAPTER 6 ANIMALS AND FOWL ARTICLE I. GENERAL Sec. 6-1. Definitions As used in this chapter, the following words shall have the meanings ascribed to them in this section: "AGGRESSIVE AIrTIXAL Any animal which, when unprovoked chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack such that a reasonable person would believe the animal would cause physical injury to the person. "ANIMAL ESTABLISHMENT" : Any pet shop, kennel, grooming shop, auction, performing animal exhibition, flea market, or other facility engaged in the handling of domestic animals , excluding veterinary clinics, hospitals and individuals caring ..�� for animals in their private residence in compliance with the terms of this chapter. "ANIMAL" : Any living, vertebrate creature, domestic or wild, other than homo sapiens. "ANIMAL CONTROL CENTER": Any facility operated or desig- nated by the city for the purpose of impounding and caring for animals as prescribed by law. 'ANIMAL CONTROL OFFICER" : The animal control manager, his/her authorized agents or employees of the animal control section. "AT LARGE OR RUNNING AT LARGE* : Any animal not kept under restraint. *CAT" : A commonly domesticated member of the Felidae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited animal. "CAT LICENSE": A legally granted privilege, upon compli- ance with the terms of this chapter, to own, keep, harbor, or have custody or control of a cat within the city. *CAT LICENSE TAG*: A metal tag authorized by the city for attachment to a cat collar which displays a serial number corresponding to the number of cat license for such animal, and which shows the year the license was issued by the city or a designated veterinarian. *CIRCUS" : A commercial variety show featuring animal acts for public entertainment. "CITY": The City of Fort Worth. "CITY HEALTH OFFICER" : The Director of Public Health for the city, or his/her designated representatives. *DRSIGNATED VETERINARIAN* : A licensed veterinarian who has been approved by the City Animal Control Manager to collect fees for and issue cat license tags or dog license tags for animals upon proff of an owner's current rabies vaccination for that animal. "DOG" : A commonly domesticated member of the Canidae (canine) family, other than a wolf, jackel, fox, dingo, coyote, or other prohibited canines. *DOG LICENSE": A legally granted privilege, upon compli- ance with the terms of this chapter, to own, keep, harbor or have custody or control of a dog within the city. '' -2- *DOG LICENSE TAG" : A metal tag authorized by the city for attachment to a dog collar which displays a serial number corresponding to the number of dog license for such animal, and which shows the year the license was issued by the city or a designated veterinarian. *FOWL*: Any bird. *GUARD DOG" : Any dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Art. 4413(29bb) , V.T.C.S. , as amended from time to time. "HEARING OFFICER* : The individual designated by the City Health Officer to hold determination hearings for vicious animals. The hearing officer shall have a working knowledge of animal behavior. "HIGH RISK ANIMUS": Animals which have a high probabil- ity of transmitting rabies; including but not limited to skunks, bats, foxes, and raccoons. "IMPOUND": To take an animal into custody by the city; impoundment shall begin at the time any animal control officer or police officer takes control of an animal either by hand, rope, trap, projectile or confinement to a vehicle. "KENNEL" : Any premises in which four (4 ) or more dogs four (4) months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted. Does not include veterinary hospitals or humane societies. "LICENSED VETERINARIAN- : A human being authorized to practice veterinary medicine who is currently licensed by the Texas State Board of Veterinary Medical Examiners. *LIVESTOCK* : A horse, stallion, mare, gelding, filly, colt, mule, hinny, Jack, jennet, hog, sheep, goat, or a head of any species of cattle. *LOW RISK ANIMALS": Animals which have a low probabil- ity of transmitting rabies; including but not limited to all animals of the orders Marsupialia,, Insectivora, Rodentia, Lagomorpha and Xenarthra. "OWNER" : Any person who owns, keeps, shelters, main- tains, feeds, harbors or has temporary or permanent custody of an animal, or who knowingly permits an animal to remain on or about -3- .. any premises occupied by that person over which that person has control. *PERSON*: An individual, corporation, or association. *PET" : Any animal kept for pleasure rather than utility. "PET SHOP*: A commercial enterprise regularly engaged in the buying, selling, grooming, breeding or boarding of animals. "PRICES OF PUBLIC ASSEXBLY" : Any place where people congregate, such as public buildings, parks, schools, flea mar- kets and recreations areas; does not include a private residence, residential or commercial street. *PROHIBITED ANIMAL*: (1) Any animal not normally born and raised in captivity, includ- ing but not limited to the following: (a) Class Reptilia: Family Helodermatidae (The Venomous Lizards) and Varanidae (Monitor) ; Order Ophidia, Family Biodae (Boas, Pythons, Anacondas) ; Family Hydrophiidae (Marine Snakes) ; Family Viperidae (Rattlesnakes, Pit o""` Vipers and True Vipers) ; Family Elapidae (Coral Snakes, Cobras , and Mambas ) ; Family Colubridae-Dispholidus Typus (Boomslang) , Bioga dendrophila (Mangrove Snake) and Rirtlandii (Twig Snake) only; Order Crocodilia (such as Crocodiles and Alligators) ; (b) Class Iives : Order Falconiforms ( such as hawks , eagles, falcons and vultures) and subdivision Raptae (such as ostriches, rheas, cassowaries and emus) ; (c) Class Xammalia: Order Carnivores, the Family Felidea (such as lions, tigers, bobcats, jaguars, leopards and cougars) , except commonly domesticated cats: the Family Canidae (such as wolves, dingos, coyotes, foxes and jackals) , except commonly domesticated dogs; the Family Mustelidae (such as weasels, skunks, martins, ferrets, minks, badgers; Family Procyonidae (raccoon) ; Family Ursidae (such as bears) ; and Order Marsupialia (such as kangaroos, oppossums, koala bears, wallabys, bandi- coots, and wombats) ; Order Chiroperta (bats) ; Order Edentata (such as sloths, anteaters, and armadillo) , Order Proboscidea (elephants) ; Order Primata (such as monkeys, chimpanzees, orangutans, and gorillas) ; Order or", -4- Rodentia (such as beavers, porcupines) ; and Order Ungulata (such as antelope, deer, bison and camels; (d) Class Amphibia: Poisonous Frogs. (2) Does not include livestock, fowl or normal household pets, such as but not limited to, dogs, cats, cockatiel, hamster, guinea pig, gerbil, rabbit, fish or small, nonpoisonous reptiles, or nonpoisonous snakes of a species which does not reach a length greater than six (6) feet. PUBLIC NUISANCE* : Whatever is declared by the City Health Officer to be dangerous to human life, health or welfare, or to threaten to become detrimental to the public health or welfare. *QUARANTINE" : To take into custody and place in confine- ment isolated from human beings and other animals in such a way as to preclude the possibility of disease transmission. The quarantine period of a biting dog or cat in rabies quarantine is ten ( 10) days from the date of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the Texas Department of Health. *RELEASING AGENCY" : An animal pound, animal control center, animal shelter, or non-profit organization engaged in caring for animals. 'e4 *RESTRAINT" : An animal is under restraint under the following conditions: (a) It is securely caged or confined to its owner's home or yard; or (b) It is accompanied by its owner or trainer at a bona fide dog show, field trial or exhibition; or (c) It is secured by a leash of at least f ive (5) and not more than ten ( 10) feet in length and of sufficient strength to control the animal while the animal is being walked. A longer chain or cable device may be used to secure an animal in a yard as long as the ani- mal may not travel out of the yard while so restrained; or (d) A specially trained dog is used by a blind or deaf individual to aid him/her within the city; or (e) A guard dog is in the performance of duty in an en- closed building or securely fenced and locked area which is marked on all sides with signs in four-inch letters stating "Guard Dog" and clearly visible to the public; or (f) A dog is in a place of public assembly and effectively and securely muzzled in order to prevent the dog from biting. "SANITARY": Any condition of good order and cleanliness which discourages and limits disease transmission. *SEVERE INJURY*: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple stitches or cosmetic surgery or that results in death. *STERILIZATION" : Surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce. "STRAY ANIMAL": Any animal at large which is not wear- ing license tags or other means of ready identification or which is unowned. "UNPROVOKED ATTACK BY A DOG*: An incident in which a dog which attacked a human being or an animal was not hit, kicked, or struck by a human being with any object or part of a human being's body, nor was any part of the dog's body pulled, pinched, or squeezed by a human being, nor was the dog taunted or teased by any human being, nor was the human being in the dog's territory on the property of the dog's owner at the time of the attack. "VACCINATED ANIMAL" : Unless otherwise indicated, an animal vaccinated against rabies within the past twelve ( 12) months by a licensed veterinarian. "VACCINATION CERTIFICATE-- The certificate issued by a licensed veterinarian on a for; approved by the Texas Board of Health for presentation to the animal control section as a condi- tion precedent to the granting of a dog or cat license and show- ing on its face that, at the time of such presentation, the dog or cat covered thereby has been vaccinated for rabies. "VETERINARY HOSPITAL": Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries to animals. *VICIOUS ANIMAL" : An animal which meets any of the following criteria: (4) An animal that has bitten two or more human beings within a twelve ( 12) consecutive month period or one -6- human being on two or more occasions within a twelve ( 12) consecutive month period; or (b) An animal that has killed a human being or another animal which was properly restrained; or (p) An animal that has attacked a human being and the nature of the attack or the resulting injury was such as might endanger the life or permanent health of the human being. OWILD AMINAL'O : Any animal except the common domestic species (dogs, cats, horses, livestock and other common farm animals) regardless of the state or duration of captivity. "ZOOLOGICAL PARR" : Any permanent collection of living animals for public display, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of animals. Sec. 6-2. Scope. The provisions of this chapter shall not be construed to authorize the keeping of any animal in violation of any other City ordinance, state statute, or federal law. Sec. 6-3. Animal control section: Animal Control. (a) The Animal Control Section shall be a unit of the Department of Public Health and shall be in the charge of a person having suitable qualifications and designated by the City as the Animal Control Manager. (b) In addition to the duties specifically prescribed in this chapter, it shall be the responsibility of the Animal Control Manager to execute such other duties under the jurisdiction of the Department of Public Health as the Director may delegate. (c) The Animal Control Manager shall manage the operation of the City Animal Control Center. Sec. 6-4. Exemption of city officials from liability. All of the regulations provided in this chapter and the func- tions and duties of all officers, agents, servants or employees of the city in the enforcement of this chapter are declared to be governmental and for the benefit, health and welfare of the general public. Any city official or employee charged with the enforcement of this article, acting for the city in the discharge -7- of his/her duties, shall not thereby render himself/herself personally liable by the performance of any act required or permitted in the discharge of his/her duties. Sec. 6-5. Violations: penalties. (a) Any violation, disobedience, omission, neglect, failure or refusal to comply with the enforcement of any of the provisions of this chapter shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) for each violation. Each day that a violation is permitted to exist shall constitute a separate offense. (b) If any person is found guilty of having violated section 6-61 of this chapter, any license held by such person under this chapter shall be automatically revoked. Sec. 6-6. Incorporation by reference. Any reference made in this chapter to any other law, statute, code, ordinance, rule or regulation is intended to incorporate such material as it presently exists and also any future amendments, changes, revisions, repeals or recodifications of such material, unless otherwise expressly provided. Sec. 6-7. Interference with animal control officer. It shall be unlawful for any person to interfere with an Animal Control Officer while engaged in the performance of his/her duties . A person interferes with an Animal Control Officer if he/she: (a) releases or causes an animal to be released after an Animal Control Officer has impounded the animal; or (b) physically constrains the movement of an Animal Control Officer or his/her vehicle or equipment by: (1) placing any part of the person or person 's property in the way of the Animal Control Officer's progress in the performance of the officer's duties; or (2) taking or moving an officer' s equipment which causes a time delay in the officer's ability to use the equipment. i Sec. 6-8. Sanitary standards. (a) The owner of any animal allowed by this chapter to be kept in the city shall comply with the following stan- dards of sanitation for that animal: ( 1) Remove manure and droppings from pens, stables, yards, cages and other enclosures daily and handle or dispose of the excretions in such manner as to keep the premises free of any nuisance. (2) Place food only in impervious containers or on impervious surfaces. (3) Equip watering troughs or tanks with adequate facilities for draining the overflow. (4 ) Remove all refuse, as defined in Chapter 14 of the City Code, on the premises and dispose of same by a means approved by the City Health Officer. (b) Such standards of sanitation shall be administered by the City Health Officer. Sec. 6-9. Inspection of animals and premises. The City Public Health Department shall have the authority to inspect animals and/or premises. For purposes of discharging the duties imposed by the provisions of this chapter or other applicable laws, an Animal Control Officer may enter upon private property to the full extent permitted by law. Sec. 6-10. Noncomplying premises; remedies. Where premises do not comply with the provisions of this chapter or if any health ordinance or law is not observed, the City Health Officer may, upon written notice to the person owning or controlling the premises, order the correction of the objec- tionable conditions. In addition to any criminal proceeding, failure to comply with such order shall entitle the City to obtain relief by injunction. Sec. 6-11. Doty of police as to enforcement of chapter. It shall be the duty of all police officers of the City to enforce this chapter or to report at once all the facts of any violation to the office of the Animal Control Manager. -9- '��► ow Sec.6-12. Nuisances declared. Whatever the City Health Officer determines to be dangerous to human life or health, or that is offensive to the senses, or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance and shall be unlawful, and the specific acts, conditions and things set forth in this chap- ter are, among others, declared to be nuisances and prohibited and made unlawful. ARTICLE II. RESTRAINT OF ANIMALS Sec. 6-13. Restraint of Animals. (a) It shall be unlawful for an owner or person in control of an animal to fail to keep an animal under restraint at all times as defined in this chapter. (b) It shall be unlawful for an owner to fail or refuse to exercise diligent care and control of his or her animal to prevent such animal from becoming a public nuisance. (c) It shall be unlawful for any person to leash or main- tain an animal so that it can go on any sidewalk or street or trespass on private property belonging to another without the written consent of the private 00111 property owner. ARTICLE III . VICIOUS ANIMALS. It is hereby declared to be a public nuisance that an owner harbors, keeps, or maintains a vicious animal in the city unless the owner complies with the requirements of this article. Sec. 6-14. Finding by Animal Control manager that animal is vicious and notification to owner of right to determi- nation hearing. (a) A written request for a finding of sufficient cause to believe that an animal is vicious may be made upon presentation to the Animal Control Manager of one or more sworn affidavits of complaint signed by a compe- tent individual . Such individual who initiates the request may be an Animal Control Officer or any other competent individual. The sworn affidavit shall set forth the incident(s) complained of, including at the minimum, the nature and the date of the act(s) , the location of the event(s) , the name of owner of the animal, the address of the owner, and the description of the animal doing such act(s) . The Animal Control -10- Manager shall investigate the complaint and may find look there is sufficient cause to believe that the animal is vicious hereunder. The Animal Control Manager shall make written findings of fact that the animal is either vicious or not. (b) Within five (5) working days of finding an animal vicious,, the Animal Control Manager will notify by certified mail, return receipt requested, or in person, the person identified in the investigative process of section 6-14(a) as the owner of the animal of the Animal Control Manager's finding of that animal as vicious, of the section 6-18 requirements for owners of vicious animals as set out herein, of the owner's right to a determination hearing, and of the section 6-15(b) requirements of an owner to securely confine the vicious animal during the pendency of a determination hearing. (c) If the animal is found to be vicious herein, the notice shall inform the owner of the animal that a Determina- tion Hearing may be requested to contest the finding. The request for a Determination Hearing must be in writing and must be received by the Director of the Public Health Department no later than five (5) working days from receipt by the owner or from date of in person notification of the vicious animal finding. Failure to appeal the finding within five (5) working days shall result in such finding becoming final. Sec. 6-15. Determination hearing. (a) Upon the written request for a Determination Hearing by the owner of an animal found vicious herein, the Director of the Fort Worth Public Health Department shall schedule said hearing. The Director of the Public Health Department shall appoint a hearing officer. The Determination Hearing shall be conducted within ten ( 10) working days of receipt of the written request for such hearing. The owner shall be notified of said hearing by certified mail, return receipt requested. Failure of the owner to appear at the Determination Hearing shall result in such finding becoming a final declaration. (b) From the time that an owner makes written request for a determination hearing and throughout the pendency of the determination hearing and any appeal to municipal court, it shall be unlawful for the owner of the sub- ject animal to fail or refuse to securely confine the -11- A"N animal in a humane manner or to keep the animal under restraint at all times. it shall be unlawful for the owner of the subject animal to fail to comply with section 6-18(5) of this article. An owner who fails to comply with all requirements specified in section 6-15(b) shall be subject to a fine of not less than $300 and not more than $2,000. (c) At the determination hearing before the hearing offi- cer, the owner of the subject animal may admit, admit with explanation, or deny that the animal is a vicious animal. (d) No formal or sworn complaint shall be necessary. The hearing officer shall hear or review any testimony or evidence presented by the complaining witness(es ) , witnesses to any incident which may be germane to such a determination, animal control personnel, police or any other person possessing information pertinent to such determination, the affidavit(s) submitted to the Animal Control Manager, and any testimony or evidence presented by the animal owner or his/her witnesses . The burden of proof is upon the party or person alleg- ing that the subject animal is vicious. if the hearing officer determines by the preponderance of the evidence that the subject animal is vicious, he/she shall so determine in writing. Section 6-16. Appeal. (a) The owner of an animal determined to be vicious at the hearing provided in section 6-15 herein has the right to appeal the hearing officer's determination to municipal court. Failure to appeal within the time alloted shall result in the hearing officer's decision becoming final. (b) The appeal must be instituted by filing, not later than five working days from the day the decision was made by the Hearing Officer determining the animal to be vicious, a petition with the clerk of the municipal court along with payment of an administrative appeal filing fee in the amount of twenty-five dollars ($25.00) , as well as payment of any other costs re- quired by law for municipal courts. If the determina- tion is reversed on appeal by the municipal court judge, then only the twenty-five dollars ($25.00) admin- istrative appeal filing fee may be refunded to the owner upon request. -12- (c) After filing a petition for appeal, the municipal clerk shall schedule a hearing and notify all parties of the date, time and place of hearing. (d) The appeal hearing shall be a de novo review. The municipal court judge shall also examine the evidence presented at the hearing before the hearing officer and if the court determines by the preponderance of the evidence that the subject animal is vicious, the court's determination shall be final. Sec. 6-17. Defense to determination that animal is vicious. It is a defense to a determination that an animal is vicious that when the bite, injury, damage or fatality caused by the animal occurred: (a) The person was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or (b) The person was teasing, tormenting, abusing, or assault- ing the animal or had, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal; or (c) The person was committing or attempting to commit a crime; or (d) The animal was a properly restrained domestic animal at the time another animal was bitten, injured, damaged or killed; or (e) The animal was protecting or defending a person within the immediate vicinity of the animal from an attack or assault; or (f) The animal was sick or injured and responding to pain; or (g) The animal was protecting itself, offspring, or its kennelmates; or (h) The animal was being used by a law enforcement agency in the performance of its duties or under the direction of a law enforcement officer, whether on or off-duty. -13- AON Sec. 6-18. Compliance requireaents for owners of vicious ani- nals. Final determination occurs whenever a finding of a vicious animal by the Animal Control Manager or determination of a vicious animal by the hearing officer becomes final through the owner's failure to timely appeal such finding or determination, or upon appeal, when a municipal court judge makes a determina- tion that an animal is vicious. Compliance with these require- ments will be determined by the Animal Control Manager. (a) An owner of an animal determined to be vicious under this article must comply with the following require- ments within thirty (30) days of final determination: (1) The animal must be licensed in accordance with this chapter; and (2) The vicious animal shall at all times wear a collar marked with a fluorescent yellow color visible at fifty (50) feet so that the animal can be identified; and (3) The vicious animal must be kept restrained at all times or in a proper enclosure. A proper enclo- sure shall mean a house, building, or a suitable fence or pen. A fence or pen must form an enclo- sure suitable to prevent entry of young children and must be secured such that a vicious animal cannot climb, dig, jump or otherwise escape of its own volition. The enclosure shall be securely locked at all times. If a need is demonstrated, the City Health Officer may require an owner of a vicious animal to use additional materials to secure the enclosure; and (4) The owner of the vicious animal must secure and present evidence to the Animal Control Manager of public liability insurance in the amount of at least $100,000.00 to cover any damages caused by the vicious animal. The insurance shall be for a twelve ( 12 ) month period and shall not be cancelled unless the animal is no longer kept by the owner; and (5) The vicious animal, when taken outside the enclo- sure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent -14- it from biting any person or animal; and the vicious animal must be restrained by a substantial chain or cable leash not more than six (6) feet in length with a minimum tensile strength of 1,000 pounds; and (6) The owner shall post signs on all sides of his fence,, or on the house if there is no fence, in four-inch letters warning that there is a vicious animal on the property. In addition, the owner shall conspicuously display a sign with a symbol, understandable by small children,, warning of the presence of a vicious animal; and (7) The vicious animal must be spayed or neutered. (b) If the owner of an animal determined to be vicious under this article fails or refuses to comply with the requirements specified in Section 6-18(a) , the animal shall be seized by an Animal Control Officer and eutha- nized by Animal Control or a licensed veterinarian. Sec. 6-19. Notification of change of status. The owner of an animal determined to be vicious shall notify the Animal Control Manager within twenty-four (24) hours if the vicious animal is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. If the animal has been sold or given away, the former owner shall provide the Animal Control Manager with the name, address, and telephone number of the new owner. If the new owner's address is in the city or if the animal is kept in the city.. the Animal Control Manager shall notify the new owner by certified mail,, return receipt requested, or in person that a determination has been made the animal is vicious and provide the new owner a copy of the requirements contained in sections 6-18 and 6-19. The new owner must be given notice to comply with the requirements for owners of vicious animals, if the vicious animal is physically located for any time within the city. it shall be unlawful for new owners to fail to comply with any requirement of sections 6-18 and 6-19. The same reporting requirements are imposed on any and all subsequent owners of the vicious animal. Sec. 6-20. Penalties for violation of vicious animal require- ments. (a) It shall be unlawful for a person who owns an animal determined to be vicious as provided herein to fail or refuse to comply with any requirement provided in section 6-18(a) or 6-19. Any failure or refusal to -15- AO% comply shall subject the person in violation to a f ine of not less than $300 and not more than $2,000. (b) After a final determination is made that an animal is vicious , the Animal Control Manager shall order quarantine of the subject animal in compliance with requirements of this chapter in the event that: (1) the vicious animal kills, wounds, or assists in killing or wounding any properly restrained domestic animal which belongs to another person and was outside the vicious animal's enclosure at the time of the killing or wounding; or (2) the vicious animal attacks, assaults, bites or otherwise injures any human being while out of the enclosure of the owner, whether the vicious animal escaped without fault of the owner, and whether or not the vicious animal was on a leash and securely muzzled. (c) If the Animal Control Manager determines that a vicious animal was involved in a Section 6-20(b) incident and does not need to be tested for rabies, the City Health Officer shall declare the vicious animal to be a public nuisance and order the euthanization of the vicious animal. The Health Officer shall notify the owner of the vicious animal of the declaration and the order by certified mail, return receipt requested, or in person. The owner shall also be notified to surrender the vicious animal to the Animal Control Center for euthani- zation or to furnish proof of euthanization for the animal from a licensed veterinarian within three (3) days of receipt of notice. The owner shall also have the right to appeal the City Health Officer's order to the City Council by submitting to the City Health Officer a written notice of appeal and request for City Council hearing within three (3) days of receipt of notice. It shall be unlawful for an owner of a vicious animal involved in a section 6-20(b) incident to fail or refuse to comply with a final order from the City Health Officer, if timely appeal is not made, or from City Council to have the animal euthanized by the Animal Control Center or a licensed veterinarian. ` -16- ARTICLE IV. DOG AND CAT LICENSES. ,WA ' Sec. 6-21. Required; applications; fee; tag; records. (a) It shall be unlawful for any person to own, keep, harbor or have custody of any dog or cat over four (4) months of age within the City without first obtaining a valid license for each animal as provided in this article. Upon payment of the applicable license fee, the license is valid for one (1) year from the date of the most recent rabies vaccination. (b) Application for license and payment of the applicable license fee shall be made to the Animal Control Manager or to a designated veterinarian. The application shall include the name and address of the applicant, a description of the animal and a current rabies certifi- cate issued by a veterinarian licensed to practice in the jurisdiction in which the animal was vaccinated. (c) Annual license fees for each dog or cat are as follows: (1) If the license is obtained through $10.00 the Animal Control Center, or upon release of an impounded animal through the Animal Control Center A104 (2) If the license is obtained from $ 5.00 a designated veterinarian (3) A duplicate license may be $ 3.00 obtained from the Animal Control Center only (d) Compliance with annual license requirements for each dog or cat may be met by an owner of an animal who obtains a permanent city registration tag for an animal at the Animal Control Center at a cost of thirty-five dollars ($35.00) provided: (1) the owner documents the dog or cat has been spayed/neutered; and (2) the owner provides annual, timely verification to Animal Control that the dog or cat continues to receive the rabies vaccination annually. An owner's failure to timely comply with the annual rabies vaccination will require that the animal be reregistered, either by obtaining a new annual -17- AM% license or permanent registration tag upon payment for same. (e) No fee shall be charged for a license issued for any dog which is utilized as a guide dog and not as a pet by a blind or deaf person. (f) Application for a license must be made within thirty (30) days after obtaining a dog or cat over four (4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat for less than sixty (60) days. (g) Upon acceptance of the dog or cat license application, a license tag having an identifying number and the year of issuance shall be issued by Animal Control or a designated veterinarian. Tags shall be designed so that they may be conveniently fastened or riveted to the animal's collar. (h) It shall be unlawful for the owner of a dog or cat to fail to have a dog or cat wear its license tag at all times affixed in a conspicuous place on its collar. (i) It shall be unlawful for an owner of a dog or cat at any time to have a license tag affixed on the collar of a dog or cat which is not the animal for which the tag was issued. (j) The Animal Control Manager shall maintain a current record of serial numbers of licenses and license tags issued. Sec. 6-22. Revocation. (a) The Animal Control Manager may revoke any license issued for a dog or cat pursuant to this article under the following circumstances: (1) A person has withheld, falsified, or provided incorrect information on the license application. (2) A person has been convicted within the preceding sixty (60) months of cruelty to any animal under any animal cruelty law of this state or other jurisdiction in the United States. (3) A person's payment for the license in draft form has been dishonored. -16- (b) Written notification of revocation shall be accom- plished by depositing a certified letter, return receipt requested, in the United States mail and addres- sed to the last known address of the licensee. (c) Any person whose license for a dog or cat is revoked may, within fifteen (15) days from the date the letter in Section 6-22(b) was deposited in the mail, make a showing of compliance or correction to the Animal Control Manager and have the license reinstated. If a person fails to provide satisfactory proof of compli- ance or correction to the Animal Control Manager within the fifteen (15) days as provided in section 6-22(b) , the owner must humanely divest himself/herself of the animal for which the license was revoked. (d) A licensed revoked pursuant to section 6-22(a) (1) or 6-22(a) (2) above may be reinstated upon a correct appli- cation being made by the owner in compliance with section 6-21. No person whose license has been revoked under section 6-22(a) (2) may reapply for a period of sixty (60) months from the date of his/her cruelty to animals or animal cruelty law conviction. (e) Where a license has been revoked, no fees shall be refunded. Sec. 6-23. Collection of license fees and issuance of license tags by designated veterinarians. (a) Any licensed veterinarian, whether or not his/her office or place of business is located within the city, who treats dogs or cats which are kept, maintained, harbored, or sheltered by owners in the city and which dogs or cats are required to have a city license, may apply to the Animal Control Manager for designation to issue City licenses for dogs and cats. A designated veterinarian shall be authorized, upon an owner' s presentation of a valid, current rabies vaccination certificate for a dog or cat, to collect license fees, remit fees to the city, and report licensure and vaccination information to the Animal Control Section on forms and in a manner prescribed by the Animal Control Manager in section 6-41(e) . Upon designation, a licensed veterinarian is authorized by the city to collect the annual license registration fee of 65 .00 for each dog or cat for which an owner obtains a license from the veterinarian rather than at the Animal Control Center. -19- A"% " (b) An initial application fee of twenty-five dollars ($25.00) must be paid by a veterinarians whose office or place of business is located outside the city who requests to participate in this designation. (c) A designated veterinarian, whether his/her office or place of business is located in or outside the city, is required to submit to the Animal Control Manager the information specified in section 6-41(e) . (d) License registration fees collected by a designated veterinarian must be paid to the City by the tenth (10th) day of the month following the month in which the fees were received. (e) Any designated veterinarian who fails to comply with the established procedures and requirements for the collection and timely payment of license registration fees to the city shall be deemed to be in violation of this designation and shall forfeit his/her designation to participate in license issuance. (f) A designated veterinarian shall be responsible for the proper handling of all registration tags issued to him/her by the Animal Control Manager. 00`` Sec. 6-24. Service charge for collection. For each annual registration fee collected, a designated veterinarian may keep two dollars ($2 .00) of the $5.00 license fee, as a service charge. In no case may a designated veterina- rian charge an owner of an animal more or less than the $5. 00 annual license fee. The designated veterinarian assumes all responsibility for ensuring that full payment is made to the city for each license registration made. Sec. 6-25. Supplies accounting procedure. The Animal Control Manager shall provide the veterinarian(s) with necessary monthly report forms and tags for registration. The Animal Control Manager shall establish a collection procedure for the fees, a format for the tags and shall record the number of dogs and cats registered, name of owner, and other appropriate information. The Animal Control Manager also reserves the right to inspect at reasonable times the license records and tags on hand at the designated veterinarian's office. Sec. 6-26/6-40. Reserved. -20- ARTICLE V. RABIES CONTROL .•, Sec. 6-41. Rabies vaccination. (a) It shall be unlawful for any person to own, keep, harbor or have custody or control of a dog or cat over four (4) months of age unless such animal has been immunized against rabies by injection of anti-rabies vaccine by a licensed veterinarian or by a veterinarian validly licensed in another jurisdiction. Immunization shall be repeated annually so that continuing vaccina- tions are no more than one (1) year apart. (b) Every owner of a dog or cat immunized against rabies shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. (c) The provisions restricting the use and sale of rabies vaccine for animals as set forth in the State statute enacting the "Rabies Control Act of 1981" are hereby adopted by reference, as contained in Art. 4477-6a, V.T.C.S. , a copy of which is on file in the office of the City Secretary, and as amended from time to time. (d) It shall be unlawful for a person to administer, sell, or distribute rabies vaccine for animals in a manner not authorized by section 6-41(c) . A% (e) Every veterinarian whose office or place of business is located within the City and every designated veterina- rian, whose office or place of business is located within or outside the city, shall keep detailed records of animal rabies vaccination and, upon request of the Director of Health, shall provide a listing of rabies vaccinations to the Animal Control Section. The list- ing shall include the owner's name and address, animal species, gender, date of vaccination and whether or not the animal has been altered. Sec. 6-42. Animals that exhibit rabies symptoms, bite, scratch, or quarantine. (a) Any animal that has rabies or symptoms which could reasonably indicate rabies, or that bites, scratches or otherwise creates a condition which may expose or transmit the rabies virus to any human being or other animal shall be impounded immediately as provided in section 6-43 and shall be held in quarantine in the city a minimum period of ten (10) days from the date of bite, scratch or when the condition which may have -21- AWA exposed or transmitted the rabies virus to a human being or other animal occurred, or longer as the Animal Control Manager may deem necessary. Such quarantine will be subject to the following conditions: ( 1) If an Animal Control Officer is able to notify the owner of a subject animal, the owner may exercise the option to quarantine the subject animal within twenty-four hours of notification at any licensed veterinarian's clinic in the city which has facili- ties for isolation cages, the Animal Control Center, or other suitable site designated and approved by the Animal Control Manager. (2) A stray animal may be euthanized and its head examined for rabies by a Texas State Department of Health laboratory at any time during the impound- ment or quarantine period when deemed necessary by the Animal Control Manager. (3) Any quarantined animal showing clinical signs of rabies shall be euthanized immediately and its head submitted to the nearest Texas Department of Health laboratory for rabies diagnosis. (4) Animals bitten by a high risk animal or by a known or suspected rabid animal shall be quarantined or euthanized in accordance with state law. (5) An animal placed in quarantine anywhere in the city shall not be released without the quarantine keeper providing notification of the animal 's release to the Animal Control Manager. (b) If the biting animal, whether owned or unowned, is a high risk animal, excluding dogs and cats, which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to a human being or another animal it shall be euthanized and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (c) If the biting animal is a low risk animal, which was not cage-raised, which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to human being the animal shall be euthanized and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. -22- (d) The Animal Control Manager may require an animal which has inflicted multiple bite wounds , punctures, or lacerations to the face, head, or neck or a human being to be euthanized and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (e) Any animal required to be quarantined under this sec- tion which in the determination of the Animal Control Manager cannot be or is not being maintained in a secure quarantine, shall be euthanized and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (f) The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, or that the owner knows or suspects to be rabid or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, shall submit such animal for quarantine to the Animal Control Manager or any police officer. If the animal dies prior to its quarantine, the owner shall submit the animal to the Animal Control Center for rabies diagnosis. (g) Any person who has knowledge of any animal that exhi- bits symptoms of, or has been exposed to rabies, or of any animal who has bitten, scratched or otherwise created a condition which may have exposed or transmit- ted the rabies virus to any human being or animal, shall immediately report the incident to the Animal Control Center. The report shall include the name and address of the victim and owner of the animal, if known, and any other information he/she has relating to the incident or animal. (h) Every veterinarian or other person who is called to examine or professionally attend any animal with rabies or any other reportable communicable disease shall within twenty-four hours thereafter, report the following in writing to the Animal Control Managers ( 1) Species and description of the animal; (2) Location of such animal; (3) Name and address of the owner thereof; -23- A% (4) Type and character of the disease. (i) Every veterinarian practicing within the City shall keep detailed records of animal rabies vaccination and, upon request of the Animal Control Manager, shall pro- vide a listing of rabies vaccination to the Animal Control Center. The listing shall include the owner's name and address, animal species, gender, date of vacci- nation and whether or not the animal has been altered. (J ) The Animal Control Manager shall investigate and record all cases of rabies and suspected rabies. (k) The body of any animal that has died of rabies or that dies or is destroyed while in quarantine shall not be disposed of except as directed by the Animal Control Manager. (1) The owner of any animal quarantined under this section shall pay all reasonable costs of the quarantine and disposition of the animal, including charges for ship- ment of animal tissues, if required, to the Texas Department of Health laboratory for testing. (m) An animal which has been quarantined may be released by the Animal Control Manager under the following con- ditions: (1) at the end of the observation period upon proof of vaccination or receipt of vaccination prior to release from quarantine; (2) when all applicable fees have been paid; (3) if the animal is not being held for legal proceed- ings; and (4) if appropriate city license registration has been obtained. (n) It shall be unlawful for the owner of an animal that has rabies or symptoms which could reasonably indicate rabies, or that bites, scratches, or otherwise creates a condition which may expose or transmit the rabies virus to any human being or other animal to fail or refuse to comply with any provision of sections 6-42 (a) ( 1 ) , 6-42 (d) , 6-42 (e) , 6-42 ( f) , 6-42 (g) or 6-42 (k) . -24- ARTICLE VI. ANIMAL CONTROL IMPOUNDMENT; FEES. Sec. 6-43. Is un+dment. (a) Animals may be impounded by the Animal Control Manager under any of the following circumstances when: ( 1) an animal is not kept under restraint; (2) a dog or a cat does not wear a valid City license tag affixed to its collar; (3) a dog or a cat does not have a valid city license; (4) an animal is reasonably suspected of having inflic- ted bodily harm on any human being or animal, or poses a threat to public safety or constitutes a public nuisance; (5) a dog or cat does not have a valid current rabies vaccination; (6) a vicious, prohibited or unmuzzled animal is in a place of public assembly; (7) an animal is not cared for in violation of section 6-61; ""�► (8) an animal has rabies or symptoms thereof, or that a person could reasonably suspect as having rabies, or that bites, scratches or otherwise create a condition which may have exposed or transmitted the rabies virus to any human being or animal; (9) an animal is not kept in conformity with this chapter or state law. (b) If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Control Manager shall, as soon as practicable after impound- ment, notify the owner, if reasonably possible, that if the impounded animal is not redeemed within three (3) days after impoundment, disposition of the impounded animal shall occur in accordance with this chapter, and that the owner has a right to a hearing on the validity of the impoundment and applicable fees, and the disposi- tion of the impounded animal in accordance with this chapter. A hearing shall be held as soon as practica- -25- ble if requested by the owner prior to the disposal or destruction of the animal as provided in this chapter. Sec. 6-44. Time; Fees: Impourtc3ment; bite; boarding; vaccination or license. Impounded animals, including those released from quarantine, shall be kept for three (3) days from the date of impoundment. In calculating the length of this time, the first day after impoundment shall be day one. If the owner of such impounded animal does not redeem it within three (3) days after impound- ment, disposition will be made in accordance with this chapter. Impounded animals, including those released from quarantine, other than prohibited animals, shall be available for immediate redemption by owner or custodian after paying applicable fees. Impounded prohibited animals shall be available for immediate redemption by the owner of the animal after the owner pays the applicable fees and signs an agreement with the city to immedi- ately transport the prohibited animal outside the city, to not keep the prohibited animal at any time in the city, and authoriz- ing the city to humanely destroy the prohibited animal if it comes inside the city again. High risk or prohibited animals which have been impounded for three (3) days may either be eutha- nized or removed from the city as determined by the Animal Control Manager. The owner of such an animal shall pay to the City the applicable fees plus the actual costs of the impoundment and handling. "Applicable fees" are those reasonable charges incurred for the care and maintenance provided by the Animal Control Center for impounded animals. Types of "applicable fees" which may be charged for impound- ed or quarantined animals include: (1) An impoundment charge for: dogs and cats; small animals other than dogs or cats, such as rabbits, non- prohibited reptiles, and fowl; livestock; and prohi- bited animals. An impoundment charge for dogs and cats is based on the number of occurrences for which an owner's dog or cat is impounded at the City Animal Control Center within a twelve month period. The impoundment charge will be reduced if proof is shown at the time release of this animal is requested that the dog or cat which is the impounded animal for the partic- ular occurrence, is currently vaccinated against rabies, validly licensed, or has been spayed or neu- tered. An occurrence is defined as being the number of times that any dog or cat belonging to one owner has ` -26- been impounded at the Animal Control Center within the preceding twelve months, for whatever reason. An impoundment charge for small animals, other than dogs or cats, such as rabbits, non-prohibited reptiles, and fowl, is not ~occurrence based. " (2) An additional bite fee will be made for any animal which is impounded because it has bitten a human being or an animal. Bite fees will be assessed on the respec- tive animal 's bite history within the past twelve months and not on the number of bites by all of an owner's animals . (3) A daily charge for boarding services based on whether the impounded animal is a non-quarantined dog or cat; or small animal; or other than the foregoing or, a quarantined animal of any kind. A boarding charge will be made for every day and any part of a day that the animal is in the custody or the Animal Control Center. (4) Where an owner cannot provide proof to the Animal Control Manager at the time of release from impoundment that the impounded animal is currently vaccinated against rabies or validly licensed, then a charge for the legally required vaccination or licensing will be made and a voucher provided to the owner to receive these services from a veterinarian. "Applicable fees" for reclaiming impounded or quaran- tined animals are as follows: (a) Impoundment Fee for a dog or cat: owner's 1st occurrence $ 65.00 owner's 2nd occurrence $ 85.00 owner's 3rd occurrence $105.00 owner's 4th occurrence $150.00 (b) If proof is presented to and accepted by the Animal Control Manager at time release of the impounded animal is requested, the impoundment fee for a dog or cat which is the subject of the numbered owner's occurrence shall be reduced by the following amounts: current rabies vaccination $10.00 valid city license $10.00 if the dog or cat has been spayed or neutered $25.00 -27- "' (e) Impoundment fee for "small animals, " other than a dog " or cat, such as: Rabbits, non-prohibited reptiles or fowl $15.00 (d) Impoundment fee for animals other than dog or cat, or small animal: Livestock $100.00 Prohibited animal $200.00 (e) Hite fee for any animal which has bitten a human being or other animal: Animal's 1st bite $20.00 Animal's 2nd bite $40.00 Animal's 3rd bite $60.00 (f) Daily Boarding fee: Dog, cat, small animal $ 5.00 Animal other than dog, cat or small animal $10.00 Any quarantined animal $10.00 (5) It is not a defense to prosecution of any citations that applicable impoundment, bite, boarding, vaccina- tion or license fees have been paid. Sec. 6-45. Release from impoundment. Conditions for release of impounded animals are as follows: (a) Before releasing any animal to the owner, the Animal Control Manager shall require sufficient proof that reasonable precautions have been taken to prevent further violations of this chapter. If the owner does not submit sufficient proof of such precautions, the animal may continue to be impounded for three (3) addi- tional days. Upon the expiration of that second three day period, the Animal Control Manager shall determine the disposition of the impounded animal in accordance with the provisions of this chapter. (b) No impounded animal suffering from any disease, ailment or injury may be redeemed until the Animal Control Manager is provided with sufficient information to determine that arrangements have been made for proper treatment of the animal by a licensed veterinarian. � -28- (c) Except where otherwise provided in this chapter, ani- mals not redeemed within three ( 3 ) calendar days following impoundment or release from quarantine shall become the property of the city and shall at the direction of the Animal Control Manager be placed for adoption in a suitable home, transferred to a bonafide humane society, used for city purposes, or be humanely disposed of or destroyed. ARTICLE VII. DOG AND CAT STERILIZATION; ADOPTION. Sec. 6-46. Requirements for Adoption. "Adoption" of a dog or cat means the release of the animal from the care, custody, control or ownership of the Animal Control Center to a person who agrees to assume ownership responsibilities for the care of that animal as defined hereunder. (a) Except as provided by section 6-50 of this article, the Animal Control Center may not release a dog or cat for adoption unless the animal has been sterilized or the release is made to an owner who has signed an agreement to have the animal sterilized. (b) The sterilization agreement must contain: -. (1) a sterilization completion date, which is (i) the 30th day after the date of adoption in the case of an adult animal; or (ii) the 30th day after a specific date estimated to be the date an adopted infant female animal becomes six months old or an adopted infant male becomes eight months old; and (2) a statement, printed in conspicuous, bold print, that sterilization of the animal is required, and that if the animal is not sterilized on or before the appropriate date the owner commits an offense under this section which shall be punishable by a fine not less than $50 nor more than $250. (c) Except as provided by this subsection, an owner who signs an agreement under this section shall have the adopted animal sterilized on or before the steriliza- tion completion date stated in the agreement. If the sterilization completion date falls on a Saturday, -29- Sunday, or legal holiday, the deadline is extended to the first day that is not a Saturday, Sunday, or legal holiday. The Animal Control Center may extend the deadline for 30 days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit of the number of extensions that may be granted for this reason. (d) It shall be unlawful for a person who obtained a dog or cat from the Animal Control Center and executed a sterilization agreement for the subject animal to fail or refuse to have the subject animal sterilized by the date specified in the sterilization agreement or in subsequent extension(s) of the deadline as may be granted by the Animal Control Center pursuant to section 6-46(c) . Sec. 6-47. Confirmation of sterilization or death. (a) Except as provided by subsection (b) of this section, every owner who signs an agreement under section 6-46 of this article shall provide the Animal Control Center from which the owner adopted a dog or cat, a certifi- cate of sterilization signed by the veterinarian who performed the surgery and briefly describe the animal 000, and provide the date of sterilization. It shall be unlawful for a person who obtains a dog or cat from the Animal Control Center and who has executed a steriliza- tion agreement for the subject animal to fail or refuse to provide a certificate of sterilization for the animal to the Animal Control Center by seven (7) days from the date the animal is sterilized. (b) If the adopted animal dies on or before the deadline provided by section 6-46 of this article, the owner shall provide to the Animal Control Center, no later than seven (7) days from the date of the animal's death, a signed letter stating that the animal is dead, describing the cause of death, if known, and providing the date of death. The letter required by this subsec- tion is in lieu of the letter required by subsec- tion (a) of this section. Sec. 6-48. Non-compliance with sterilization agreement; Animal Control Center right of reclamation. (a) If the Animal Control Center does not receive a certifi- cate of sterilization or a letter from an owner of a dog or cat obtained from the Animal Control Center -30- complying with either subsection (a) or (b) of this section, the Animal Control Center shall notify the animal owner in person, by phone or mail that the dead- line for sterilizing the animal has expired. The Animal Control Center shall also inform the owner that the Animal Control Center is required by law to reclaim the animal unless the owner timely provides the Animal Control Center with a certificate of sterilization or, in the event the animal has died, a letter which contains information required in section 6-47(b) . The owner shall submit the certificate or letter to the Animal Control Center no later than fourteen ( 14) days from the sterilization completion date as provided in section 6-46(c) . (b) If the Animal Control Center does not timely receive a certificate or letter which complies with section 6-48(a) of this article, the Animal Control Center shall promptly reclaim the animal from the owner. (c) It shall be unlawful for a person to prevent, obstruct, or interfere with a reclamation under this section of a dog or cat adopted from the Animal Control Center where an executed sterilization agreement exists for that animal. (d) The failure or refusal of an owner to comply with any applicable requirements of Article VII is deemed a public nuisance. Sec. 6-49. Affirmative Defense. It shall be an affirmative defense to sections 6-46 and 6-47 that a dog or cat is claimed from the Animal Control Center by a person who is the present owner of the animal, provided; (a) the animal is not determined to be vicious; and (b) the animal has not been determined to be a public nuisance, or threat to the public. ARTICLE VIII. CAM AND SUMS TRSATMM OF ANINAM Sec. 6-61. Unlawful acts enumerated. (a) It shall be unlawful for a person to crop a dog's ears, dock a tail, remove dew claws or perform other surgical procedure on a dog or a cat except as provided by the veterinary licensing act. -31- IN (b) It shall be unlawful for a person to sell or deliver live chickens, ducklings, goslings or rabbits less than eight (8) weeks of age to any person in quantities of less than five (5) . (c) It shall be unlawful for a person to sell, offer for sale, barter or display any living chickens, rabbits, ducks or any other fowl or animal which has been dyed, colored or otherwise treated so as to impart to them an artificial color. (d) It shall be unlawful for a person to give away any live animal as a prize or inducement for the purpose of attracting trade or business. (e) It shall be unlawful for a person to use steel jaw or leg-hold traps except in the case of rat control . (f) Nothing in this section shall be construed to prevent police officers or the Animal Control officers from euthanizing animals when authorized to do so by any statute, ordinance, or law, or when it is in the inter- est of the public health and safety. Sec. 6-62. Keeping of certain animals prohibited. It shall be unlawful for a person to sell, offer for sale, barter, trade, keep, own, maintain, use or have in a person's possession or on premises under such person's control any of the following: (a) Any vicious animal except as provided in section 6-16 pursuant to a final determination that a dog is vicious; or. (b) Any prohibited animal; provided, however, that this section shall not apply to a bonafide zoological park, circus, educational institution, museum, licensed laboratory, publicly owned nature center, or animals kept by bonafide members of an educational or scienti- fic association or society approved by the Director of Health, or persons holding permits from an agency of the state or the United States for the care and keeping of animals for rehabilitative purposes. If a person holds a permit from the Texas State Department of Parks and Wildlife to operate a wildcare center in the city, the permit holder must also comply with the City Comprehensive Zoning ordinance, as amended, and must keep any and all animals or reptiles in cages of suffi- -32- cient size, construction and strength to restrain the animal or reptile at all times. t Sec. 6-63. Guard dogs. (a) All guard dogs shall be registered with the Animal Control Manager prior to being used as guard dogs and thereafter registered annually. The dog license tag for a guard dog issued under section 6-20 shall be of an easily identifiable shape and color and must be worn on the dog at all times. (b) A guard dog that commits an unprovoked bite upon a human being or animal shall be quarantined as required in section 6-44. If a person committing a crime is bitten by a guard dog that is protecting life or prop- erty, the animal may be observed at a kennel, or the Animal Control Center as directed by the City Health Officer or his authorized representative. (c) That portion of the "Private Investigators and Private Security Agencies Act, " article 4413(29bb) , V.T.C.S. , which refers to guard dog companies and restrictions on the use of guard dogs, is hereby adopted by reference. Sec 6-64. Dead animal pickup. (a) If the City is asked to pick up a small dead animal, the owner of the animal shall pay the sum of ten dol- lars ($10.00) for each animal which the city picks up. (b) Owners are responsible for the proper disposition of large dead animals other than a dog or cat. Sec. 6-65/6-76. Reserved. ARTICLE I8. ANIMAL ESTABLISHMENTS Sec. 6-77. Compliance by animal establishments. (a) It shall be unlawful for an animal establishment to sell, trade or give away any dog or cat, over four (4) months of age, unless the dog or cat has been licensed and vaccinated as required by this chapter. (b) The Animal Control Manager shall be permitted to in- spect any animal establishment and all animals and the premises where such animals are kept at any reasonable -33- .•.� time during normal business hours to ensure compliance with all provisions of this chapter. Sec. 6-78. Minimum standards for animal establishments. In addition to the other requirements of this article, animal establishments shall comply with the following minimum standards: (a) Remove manure and droppings from pens, yards, cages, and other enclosures daily and handle or dispose of the excretions in such manner as to keep the premises free of any nuisance. (b) Place food in impervious containers on impervious surfaces. (c) Remove all refuse on the premises and dispose of same by a means approved by the City Health Officer. (d) Such standards of sanitation shall be administered by the City Health Officer. (e) Such establishments will comply with all laws and City ordinances. It shall be unlawful for any animal establishment to fail or refuse to comply with any minimum standard set forth in this section. Sec. 6-7916-95. Reserved. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances 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. $"`' -34- 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, para- graphs 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, sen- tence, paragraph or section. SECTION 4 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Chapter 6 of the Fort Worth City Code or any other ordinances affecting animal regulation and control 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 5. The City Secretary of the City of Fort worth, Texas, is here- by authorized to publish this ordinance in pamphlet form for -35- ON general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6 . The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and Section 1, and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7 . The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption and Section 1, and the effec- tive 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. 001k, -36- SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: -37-