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Home My WebLink AboutOrdinance 15598ORDINANCE NO.: ~`r~~-' AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF FORT WORTH, "ANIlVIALS AND FOWL", WAIVING THE LICENSE FEE FOR ASSISTANCE ANIMALS UPON PROPER PROOF; AMENDING THE REQUIREMENTS FOR RABIES VACCINATION TO COMPLY WITH THE TEXAS ADMINISTRATIVE CODE; AND SHORTENING THE IMPOUNDMENT TIME FOR ANIMALS THAT ARE UNNECSSARILY SUFFERING, SICK OR INJURED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A FINE OF UP TO $500 FOR EACH OFFENSE IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH, TEXAS AND PROVIDING AN EFFECTIVE DATE. WFI]EREAS, Chapter 6, Article I, Section 6-3 establishes the Animal Care and Control Section of the City's Public Health Department; WHEREAS, the purpose of Chapter 6, "Animals and Fowl" of the City Code is to encourage responsible pet ownership and to protect the public health, safety and welfare of the city; WHEREAS, the Texas Board of Health approved amendments to the Texas Administrative Code on February 27, 2003, changing the requirements for rabies vaccination for dogs and cats; WHEREAS, Animal Care and Control has discovered assistance animals to become a more utilized and necessary tool for disabled individuals; and WHEREAS, there are instances of animals unnecessarily suffering, sick or injured when brought to the Animal Care and Control Center for impoundment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-23, "License application; fee" subsection (c) and subsection (e) shall be amended as follows Subsection (c) shall be: (c) A new owner of a dog or cat over four months of age shall apply for a license within thirty days of acquiring the dog or cat. Subsection (e) shall be: (e) The city council shall adopt a schedule of license fees applicable to this article, which shall be available for review at the Animal Care and Control office. Upon proof presented to the Animal Care and Control Manager, no fee shall be charged for animals trained and certified by recognized professional authorities as assistance animals for the disabled. SECTION 2. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-41, "Rabies Vaccination", subsection (a) shall be amended to read as follows: (a) Vaccine required (1) A person commits an offense if the person owns, keeps, harbors or has custody of a dog or cat over four (4) months of age that has not been immunized against rabies by injection of anti-rabies vaccine by a veterinarian validly licensed in Texas or in another jurisdiction. (2) The same animal must receive a booster within the twelve (12) month interval following the animal's initial vaccination. (3) The same animal must be revaccinated against rabies at a minimum of at least once every three years by a rabies vaccine licensed by the Department of Agriculture. (4) In the prosecution of this subsection, it is an exception that the dog or cat was kept, harbored or in the custody of an animal shelter. SECTION 3. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-44, "Time; fees: impoundment; bite; boarding; vaccination or license", subsection (a) shall be amended by the addition of the following sentence at the end of the subsection: 2 The animal maybe disposed of prior to the expiration of such time if in the professional opinion of the Animal Care and Control Manager disposition is necessary to avoid the unnecessary suffering of a sick or injured animal. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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 Code of the City of Fort Worth which have accrued at the time of the effective date of this ordinance; and as 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 maybe prosecuted until final disposition by the courts. 3 SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist constitutes a separate offense. SECTION S. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, the purpose clause, penalty clause, and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant ity Attorney ADOPTED: `-Y ~ b CRL20030418v1 4 x~ :-~~. City of Tort Worth, Texas ~ ='~ ~='~~~=~._ :. M,'Ayor And C,auncil ~'ammunicA~;o~ v DATE REFERENCE NUMBER LOG NAME PAGE 6/24/03 G-14012 50ACCAMENDOR 1 of 2 SUBJECT ADOPTION OF AN ORDINANCE AMENDING SECTION 6 OF THE CODE OF THE CITY OF FORT WORTH "ANIMAL AND FOWL" DEALING WITH LICENSE FEES, RABIES VACCINATIONS AND IMPOUNDMENT RECOMMENDATION: It is recommended that the City Council adapt the attached ordinance amending Section 6 "Animal and Fowl": Section 6-23, "License application; fee", subsections (c) and (e);' Section 6-41, "Rabies Vaccination" and Section 6-44, "Time; fees: impoundment; bite; boarding; vaccination or license". DISCUSSION: On February 27, 2003, the Texas Board of Health approved a nevv rabies vaccination protocol in the Texas Administrative Code. In response to the new guidelines and to amend the City's ordinance to include standard practices and policies of the Department of Public Health, Animal Care and Control Division, the following amendments are presented for adoption. Additionally, staff submits amendments, which better reflect the needs of the community. as demonstrated at the Care and Control Center: Section 6-23 "License application; fee", Subsection (c) requires a new owner of a dog or cat over four months of age to apply for a license within thirty days of acquiring the animal. The previous age was three months. Section 6-23 "License application; fee", Subsection (e) allows the Animal Care and Control Manager to waive pet license fees for animals trained and certified by recognized professional authorities as assistance animals for the disabled. Section 6-41 "Rabies Vaccination" adopts the current rabies protocol in the Texas Administrative Code. This protocol requires that dogs and cats receive. rabies vaccinations at age four months, a booster twelve months later and boosters at least once every three years thereafter using an approved "three- year" rabies vaccine. The City will continue to require pet owners to license their dogs, cats and ferrets annually. Pet owners will be required to provide proof of current rabies vaccinations to be licensed. Section 6-44 "Time; fee: impoundment; bite; boarding; vaccination or license" allows the Animal Care and Control Manager to order euthanasia prior to expiration of the holding period specified in the Code for any sick or injured animal that. is needlessly suffering. (n cases when the animal's owner can be identified by license tag, ID tag ar microchip, a reasonable effort will be made to locate the owner prior to euthanasia. Staff recommends these amendments be approved. The proposed amendments were reviewed and approved by the Animal Shelter Advisory Committee on April 8, 2003. Y~ 'a`-'f~~~.i - City,of Fort Wo~tlz, Texas - ~°~ ~~=~=y _ ~ ® `~ ~: DATE 6/24/03 REFERENCE NUMBER G-14012 LOG NAME 50ACCAMENDOR PAGE 2 of 2 SUBJECT ADOPTION OF AN ORDINANCE AMENDING SECTION 6 OF THE CODE OF THE CITY. OF FORT WORTH "ANIMAL AND FOWL" DEALING WITH LICENSE FEES, RABIES VACCINATIONS AND IMPOUNDMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. LW:r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: Daniel Reimer 7201 (from) APPROVED 06/2G/03 ORD.# 15598 Additional Information Contact: Daniel Reimer 7201