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HomeMy WebLinkAboutOrdinance 27577-04-2025ORDINANCE NO.27577-04-2025 AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS AND FOWL," ARTICLE XH, "ANIMAL SHELTER ADVISORY COMMITTEE," SECTION 6-75, "CREATION" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, TO INCREASE THE NUMBER OF MEMBERS ON THE ANIMAL CONTROL ADVISORY COMMITTEE FROM SEVEN MEMBERS TO NINE MEMBERS; PROVIDING THAT THE CITY MAY ESTABLISH QUALIFICATIONS FOR POSITIONS ON THE COMMITTEE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 823.005 of the Texas Health and Safety Code requires a municipality in which an animal shelter is located to have an advisory committee consisting of a minimum of four members; and WHEREAS, the Fort Worth Animal Shelter Advisory Committee currently consists of seven members; and WHEREAS, the City Council finds it is necessary to increase the membership of the Committee to nine members; and WHEREAS, Section 823.005 of the Texas Health and Safety Code requires that the advisory committee membership be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization; and -WHEREAS, the City Council finds it is necessary to allow for the establishment of qualifications. for positions on the Committee, other than the four positions required by state law, to promote an engaged and effective committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 6, "Animals and Fowl," Article XII, "Animal Shelter Advisory Committee," Section 6-75, "Creation," of the Code of the City of Fort Worth (2015), as amended, is hereby amended by amending subsections (c), (d), and (e) to be and read as follows: Ordinance No. 27577-04-2025 Page I of 3 (c) The committee shall consist of nine members appointed by a majority vote of the City Council. Committee members shall serve two-year terms except as provided in subsection (d) below. (d) Appointments shall be as follows: (1) Places 1, 3, 5, 7, and 9. Terms expire on October 1 of each odd -numbered year. (2) Places 2, 4, 6, and 8. Terms expire on October 1 of each even -numbered year. (e) The composition of the committee shall include at least one licensed veterinarian, at Ieast one municipal official, at least one person whose duties include the daily operation of an animal shelter, and at least one representative from an animal welfare organization. The same person shall not be appointed to fulfill more than one of these requirements. The City may establish qualifications for other positions on the committee. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 27577-04-2025 Page 2 of 3 SECTION 5. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Amama Muhammad Assistant City Attorney ADOPTED. April 22, 2025 EFFECTIVE: April 22 2025 Ordinance No. 27577-04-2025 Page 3 of 3 ATTEST: WU4"-t-, �, Azgz� Jannette S. Goodall City Secretary ARTICLE XII: ANIMAL SHELTER ADVISORY COMMITTEE § 6-75 CREATION (a) There is hereby created, pursuant to Tex. Health & Safety- Code § 823.005, an Animal Shelter Advisory Committee. (b) The purpose of the committee shall be to assist animal shelters located in the City with compliance with Tex. Health & Safety Code Ch. 823. Additionally, the committee may provide recommendations to the City regarding its compliance with the Rabies Control Act of 1981, being Tex. Health & Safety Code Ch. 826, and may recommend ways to improve the efficiency and cost effectiveness of the city's animal care and control program. (c) The committee shall consist of nine members appointed by a majority vote of the City Council. Committee members shall serve two-year terms except as provided in subsection (d) below. (d) Appointments shall be as follows: (1) Places 1, 3, 5, and 7 az,nd 9. Terms expire on ea£# October 1 fast; of each odd -numbered year. (2) Places 2, 4, end-6�and 8. Terms expire on eaek October 1 f of each even -numbered year. (e) The composition of the committee shall include at Ieast one licensed veterinarian, at least one municipal official, at least one person whose duties include the daily operation of an animal shelter, and at least one representative from an animal welfare organization. The same person shall not be appointed to fulfill more than one of these requirements. The City may establish qualifications for other positions on the committee. (f) Members of the committee shall be subject to removal at any time by the city council. Any vacancy in the membership of the committee shall be filled by the city council for the unexpired term of the member whose place has, by removal or otherwise, become vacant. Vacancies shall be filled within 60 days after the city council removes the member or within 60 days after the city council receives notice of the member's resignation. Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication DATE: 04122125 M&C FILE NUMBER: M&C 25-0337 LOG NAME: 23ANIMAL SHELTER ADVISORY COMMITTEE ORDINANCE SUBJECT (ALL) Adopt Ordinance Amending Chapter 6, "Animals and Fowl," Article XII, "Animal Shelter Advisory Committee", of the Fort Worth City Code to Increase the Membership of the Committee from Seven to Nine Members and Allow for the Establishment of Qualifications for Positions on the Committee, Other Than the Four Positions Required by State Law RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 6, "Animals and Fowl," Article XII, "Animal Shelter Advisory Committee", of the Fort Worth City Code to increase the membership of the Committee from seven to nine members and allow for the establishment of qualifications for positions on the Committee, other than the four positions required by State law. DISCUSSION: On April 19, 1994, the Fort Worth City Council adopted Ordinance No. 11547, establishing the Animal Shelter Advisory Committee (ASAC) as required by Texas Health & Safety Code Section 823.005. The purpose of the Committee is to assist City animal shelters with compliance with Chapter 823 and provide recommendations related to the Rabies Control Act and other animal care operations. The Committee is currently composed of seven members, four of which are specifically required by State law. These positions include a licensed veterinarian, a municipal official, a shelter operations representative, and a member of an animal welfare organization. The attached ordinance amends the City Code to reflect the evolving needs and operational scope of Fort Worth Animal Care & Control. These updates include: • Expanding the Committee from seven to nine members; and • Allowing the City to establish additional qualifications for positions an the Committee other than the four specific positions required by state law. The amendment is intended to ensure broader representation, maintain operational consistency, and enhance the Committee's ability to advise on policies that support both public health and animal welfare. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that approval of this recommendation vAll have no material effect on City funds. Submitted for C11y Manager's -Office by: Dana Burghdoff 8018 Originating Business Unit Head: Brian Daugherty 6322 Additional Information Contact: David B. Carson 6336