HomeMy WebLinkAboutOrdinance 18751-08-2009ORDINANCE NO 18751-08-2009
AN ORDINANCE AMENDING VARIOUS PROVISIONS OF
CHAPTER SIX OF THE FORT WORTH CITY CODE, ANIMALS
AND FOWL, TO DEFINE AGGRESSIVE DOG" TO PROVIDE
ADDITIONAL REQUIREMENTS FOR ANIMAL ENCLOSURES
TO PROHIBIT TRANSPORT OF UNSECURED ANIMALS IN
OPEN VEHICLES TO REVISE REGISTRATION FEES FOR
DANGEROUS ANIMALS TO DECLARE OWNERSHIP OF
CERTAIN DANGEROUS DOGS A PUBLIC NUISANCE, TO
PROHIBIT OWNERSHIP OF UNALTERED ANIMALS UNLESS
OWNER HAS INTACT PET PERMIT TO REGULATE
APPLICATION ISSUANCE, AND REVOCATION OF INTACT
PET PERMITS TO PROVIDE FOR LATE FEES TO
AUTHORIZE CODE COMPLIANCE DIRECTOR TO OFFER
PERIODIC FEE REDUCTIONS TO ALLOW FOR THREE-YEAR
ANIMAL LICENSES TO REVISE CHARGES ASSOCIATED
WITH ANIMAL IMPOUND AND BOARDING TO CLARIFY
REQUIREMENTS REGARDING STERILIZATION AND
VACCINATION OF ADOPTED AND RECLAIMED ANIMALS TO
REQUIRE FORFEITABLE DEPOSITS FOR RELEASE OF
ANIMALS SUBJECT TO A STERILIZATION AGREEMENT TO
REPEAL SECTION 6-49 AFFIRMATIVE DEFENSE TO
REPEAL SECTION 6-50, `MANDATORY SPAY/NEUTER OF
UNRESTRAINED DOGS AND CATS TO REVISE LIST OF
ENUMERATED UNLAWFUL ACTS AND SPECIFY MINIMUM
AREA REQUIREMENTS FOR ENCLOSURES IN WHICH
ANIMALS SPEND A SUBSTANTIAL PORTION OF THE DAY
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE PROVIDING A SEVERABILITY CLAUSE,
PROVIDING FOR A PENALTY CLAUSE PROVIDING A
SAVINGS CLAUSE PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Fort Worth is committed to ensunng public
health, welfare, and safety by encouraging individuals to be responsible pet owners, and
WHEREAS, the presence of aggressive, unrestrained, and unaltered
animals within the City poses a danger to the public health, welfare, and safety and leads
to animal bites, attacks, and overpopulation, which increases such danger and places a
strain on public resources, and
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WHEREAS staff proposed a number of changes to Chapter 6 Animals
and Fowl, intended to promote responsible pet ownership and to address factors that
contribute to aggressive dogs, stray animals, and the unwanted dog and cat population,
and
WHEREAS a senes of meetings was held to receive public input
regarding proposed ordinance changes, and
WHEREAS after taking into account public feedback and professional
practices, staff has revised its recommendations, and
WHEREAS the Fort Worth City Council finds rt advisable to adopt
staff s recommendations as revised.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
That Section 6-1 `Definitions, of the Code of the City of Fort Worth, Texas, is hereby
amended to define the terms Adequate enclosure, Aggressive Dog, and `Director" to
revise the definition of `Restraint" and to remove the term `Securely enclosed or
confined" and the associated definition. Section 6-1 shall read m pertinent part as follows
Adequate enclosure
(1) Means an enclosure or structure that complies with all of the
requirements of Section 6-13(a) of this Code.
(2) Adequate enclosure does not mean enclosure or confinement by an
invisible or electronic fence.
Aggressive Dog•
Means any dog that the Director determines has, without provocation.
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(1) Repeatedly attacked and inured other domestic animals within
its own enclosure, provided, however that basic interaction and
play among animals of the same species does not constitute an
`attack" for purposes of this provision, or
(2) Repeatedly bitten one or more persons who are lawfully inside
the animal s enclosure; or
(3) Repeatedly attempted to climb over dig under chew through,
break, or otherwise escape from its enclosure in an attempt to
attack, chase, or harass a person or another domestic animal as
observed by a person charged with enforcing this ordinance.
Director The director of the City of Fort Worth Code Compliance Department or
that individual s designee.
Restraint: An animal is under restraint under the following conditions
(1) It is kept m an adequate enclosure; or
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All portions of Section 6-1 `Definitions, not specifically amended shall remain m
effect.
Page 3 of 20
SECTION 2.
That Section 6-13 `Restraint of animals, of the Code of the City of Fort Worth, Texas,
is hereby amended to revise and expand subsection (a) to provide specifics regarding
what constitutes an adequate enclosure; to insert a new subsection (g) to prohibit
transportation of an unrestrained animal m an open vehicle; and to re-designate the
remaining subsections. Section 6-13 shall read m pertinent part as follows.
(a) It shall be unlawful for an owner or person m control of an animal to fail to
keep the animal m an adequate enclosure, which is one that complies with all of
the requirements of this subsection.
(1) Subject to the further requirements of this subsection, an enclosure
shall be an area that. is completely surrounded by a substantial fence or
other structure of sufficient strength, height, construction, materials, and
design as to prevent any domestic animal from escaping from the area and
to isolate the animal from the public and from other animals not under the
control of the same owner
(2) For all dogs, an enclosure shall have an outside-perimeter barrier that
is a minimum height of forty-eight inches (48") when measured from the
ground. For aggressive dogs, an enclosure shall have an outside perimeter
barrier that is a minimum height of seventy-two inches (72") when
measured from the ground. Any portion of a building that is intended to
form part of an enclosure must have a continuous wall (inclusive of
windows and doors) that meets the applicable height requirement.
(3) All non-building portions of an enclosure, including gates, shall be
constructed of chain link, welded wire, wrought iron, brick, mortared
stone, concrete block, wood stockade, or other similar fencing-type
material approved by the Director
(4) Where a building forms a part of an enclosure, there shall be minimal
separation between the building and the remaining parts of the enclosure
to prevent escape of the animal or animals intended to be contained.
(5) An enclosure shall be designed, erected, and maintained m accordance
with all applicable zoning and building regulations of this Code.
(6) When not in use, all gates shall be closed and secured m a manner that
prevents an animal from leaving the enclosure.
(7) Broken or damaged portions of an enclosure shall be repaired with
like material and provide a seamless barrier that reasonably inhibits or
prevents escape.
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(8) If petitioned by an owner the Director may modify or waive the
requirements of subsections (2), (3), and (7), provided that the Director
determines that proposed alternate measures will adequately contain the
animal(s) m question. In considering a petition, the Director may take into
account factors that include, but are not limited to zoning requirements,
deed restrictions and covenants, and the size and physical characteristics
of the animal or animals to be enclosed. The decision of the Director shall
be final and un-appealable
(g) It shall be unlawful for an owner or person in control of an animal to
carry or transport the animal on any public roadway m an unenclosed
vehicle (such as a pick up or flatbed truck, deep or similar vehicle) unless
the animal is
(1) contained m a closed, vented animal carver that is secured m
such a manner as to prevent the carrier from being thrown from the
vehicle m the event of a collision, or
(2) secured by a leash or other device that is cross-connected to
prevent the animal from falling, dumping, or being thrown from the
motor vehicle and from strangling on a single lead.
(h) A person commits an offense if the person fails to comply with this
section.
(1) An offense under this section is a Class C misdemeanor If a
person fails to comply with this section with respect to more than
one (1) dog, the person's conduct with respect to each dog
constitutes a separate offense.
(2) An offense under this section is punishable by a fine not to
exceed two thousand dollars ($2,000 00)
(i) This section does not prohibit a person from walking a dog with a
hand-held leash.
All portions of Section 6-13 `Restraint of animals, not specifically amended shall
remain m effect.
SECTION 3
That Section 6-17 `Registration of a dangerous animal other than a dog, of the Code of
the City of Fort Worth, Texas, is hereby amended to increase the dangerous animal
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registration fee relating to an animal declared dangerous as the result of an incident that
occurs on or after September 1 2009 Section 6-17 shall read m pertinent part as follows
(a) The animal control authority shall annually register a dangerous animal if the
owner presents proof of•
(4) Payment of an annual registration fee to the animal care and control
division of (i) fifty dollars ($50 00) if the animal was declared dangerous
as the result of an incident that occurred before September 1 2009 or (ii)
five hundred dollars ($500 00) if the animal was declared dangerous as the
result of an incident that occurred on or after September 1 2009
All portions of Section 6-17 `Registration of a dangerous animal other than a dog, not
specifically amended shall remain m effect.
SECTION 4.
That Section 6-20 1 `Nuisance declared, of the Code of the City of Fort Worth, Texas,
is hereby amended to declare rt a public nuisance to keep or bung to the City a dog that
was declared dangerous pursuant to law in another ~unsdiction. Section 6-20 1 shall read
as follows
It is hereby declared to be a public nuisance that an owner or other person
harbors, keeps, or maintains a dangerous dog m the city unless the owner
complies with the requirements of this article and state statutes regulating
dangerous dogs. It is hereby declared to be a public nuisance that an owner or
other person harbors, keeps, or maintains m the city or bungs to the city a dog that
has been declared dangerous outside of the city under one or more of the
following: (i) Chapter 822 of the Texas Health and Safety Code; (ii) a local law
or ordinance adopted m accordance with Chapter 822, or (iii) a statute or
ordinance that is substantially similar to Chapter 822 and that was adopted by a
political subdivision outside of the State of Texas.
SECTION 5
That Section 6-20 7 `Requirements for owners of a dangerous dog, of the Code of the
City of Fort Worth, Texas, is hereby amended to increase the dangerous dog registration
fee relating to a dog declared dangerous as the result of an incident that occurs on or after
September 1 2009 Section 6-20 7 shall read in pertinent part as follows.
(a) Not later than the fifteenth day after a person learns that the person is the
owner of a dangerous dog, the person shall.
(1) Register the dangerous dog with the animal control authority and pay
an annual registration fee of (i) fifty dollars ($50 00) if the animal was
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declared dangerous as the result of an incident that occurred before
September 1 2009 or (ii) five hundred dollars ($500 00) if the animal was
declared dangerous as the result of an incident that occurred on or after
September 1 2009•
All portions of Section 6-20 7 `Requirements for owners of a dangerous dog, not
specifically amended shall remain m effect.
SECTION 6.
That Section 6-22, `License required, of the Code of the City of Fort Worth, Texas, is
hereby amended to revise the age at which a dog or cat must be licensed. Section 6-22
shall read m pertinent part as follows.
(a) Offenses.
(1) A person commits an offense if the person owns, keeps, harbors, or
has custody of any dog or cat over four (4) months of age without having
such dog or cat currently licensed by the city
All portions of Section 6-22, `License required, not specifically amended shall remain m
effect.
SECTION 7
That the Code of the City of Fort Worth, Texas is hereby amended to add Section 6-22 1
to be titled `Intact Pet Permit" to prohibit keeping of an unaltered animal unless an intact
pet permit is obtained, to establish a system for application, consideration, issuance,
maintenance, and revocation of an intact pet permit; and to provide defenses. Section 6-
22 1 shall read as follows
6-22.1 Intact Pet Permit
(a) Offenses.
(1) A person commits an offense if the person owns, keeps, harbors, or
has custody of any female dog or cat over six (6) months of age or of any
male dog or cat over eight (8) months of age that is unaltered unless such
person has a valid intact pet permit issued m accordance with this section.
(2) A person commits an offense if the person owns, harbors, or has
custody of an unaltered dog or cat and fails to display on such dog or cat at
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all times a valid city combined license/rabies tag indicating that the animal
is subject to an unaltered pet permit.
(3) A person commits an offense if the person owns, harbors, or has
custody of a dog or cat and displays on such animal a tag indicating that
the animal is subject to an unaltered pet permit issued to another person.
(4) A person commits an offense if the person owns, harbors, or has
custody of an intact animal at the residence or business property of an
individual who has had a permit revoked under subsection (e), regardless
of whether another person at the same property holds a valid perrnrt.
(5) A person commits an offense if the person advertises for sale within
the City or Fort Worth an unaltered dog or cat and fails to include m such
advertisement the identification number of the owner's City-issued intact
pet permit.
(b) Application.
(1) An application for an intact pet permit must be made on the form
prescribed by the Director and shall include the following information.
(i) the name, telephone number and physical address of the
applicant;
(ii) the total number of animals sought to be included under the
permit and the species, breed, gender and age of each animal,
(iii) the current, valid city license number for each animal listed m
the application.
(iv) a statement affirming that the applicant is familiar with the
provisions of this chapter and a promise to maintain all animals m
accordance with applicable legal requirements.
(2) An application must be accompanied by either (i) payment of an
application fee m the amount adopted annually by the city council or (ii)
documentation evidencing that the applicant has completed a responsible
pet-owner class approved by the Director This application fee shall be in
addition to all other applicable license and registration fees required under
this chapter An application fee is not refundable.
(3) An application must be accompanied by photographic evidence, in
digital or punted form, showing the enclosure or enclosures where the
unaltered animals are to be kept.
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(4) The animal care and control division may require such additional
information and documentation deemed necessary to determine whether to
issue the permit.
(c) Consideration of application.
(1) An application for permit maybe denied if the applicant:
(i) fails or refuses to submit a complete application,
(ii) fails or refuses to submit any information or supporting
documentation required under this Section or pursuant to a request
of the animal care and control division,
(iii) fails or refuses to submit the fee or documentation required
under subsection (b)(2)
(iv) provides false information on or m connection with the
application,
(v) has, wrthm the preceding twenty four (24) months, been
convicted, received deferred adjudication, or pleaded guilty or no
contest with respect to one or more violations of this chapter of
any state law relating to the care and humane treatment of animals,
or both,
(vi) has, wrthm the preceding twenty four (24) months failed to
appear in court to respond to a citation relating to an alleged
violation of any provision of this chapter or of any state law
relating to the care and humane treatment of animals,
(vii) has, within the preceding sixty (60) months, been convicted,
received deferred adjudication, or pleaded guilty or no contest with
respect to one or more violations of any provision of this chapter or
of any state law relating to animal cruelty
(viii) has previously had a permit revoked pursuant to subsection
(e) or
(ix) resides at the same physical address as another individual
whose permit has been revoked pursuant to subsection (e)
(2) Notwithstanding subsection (c)(1), an application for permit may also
be denied if the animal care and control division determines that specific
circumstances exist indicating that issuance of the permit would not be m
the best interest of the animals involved or of the health and safety of the
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public. If a permit is denied pursuant to this subsection, the animal care
and control division shall issue a written statement citing the specific
reason or reasons for the denial
(3) If a permit application is denied by the animal care and control
division, the applicant may appeal to the Director Such appeal must be
made m writing and received within thirty (30) days of the date the
application was originally rejected. The decision of the Director shall be
final and un-appealable.
(d) Issuance and maintenance of permit.
(1) A permit is issued to an individual owner A permit is not transferable
to another person.
(2) A permit is valid unless and until revoked.
(3) To maintain a permit, the permit holder must keep the animal care and
control division apprised of current contact information for holder and
identifying, licensing, and registration information for all animals included
under a permit. In particular a permit holder must notify the animal care
and control division of any change of address or telephone number no later
ninety (90) days after the new address or phone number is effective. In
addition, within ninety (90) days of obtaining an animal that was not
included m the original permit application, the permit holder must provide
the animal control division with the species, breed, gender age, and
current, valid city license number of each such animal.
(e) Revocation of permit.
(1) The animal care and control division may revoke a permit if the
holder
(i) is convicted, receives deferred adjudication, or pleads guilty or
no contest with respect to one or more violation of this chapter of
any state law relating to the care and humane treatment of animals,
or both,
(ii) fails to appear m court to respond to a citation relating to an
alleged violation of any provision of this chapter or of any state
law relating to the care and humane treatment of animals,
(iii) is convicted, receives deferred adjudication, or pleads guilty
or no contest with respect to a single violation of any provision of
this chapter or of any state law relating to animal cruelty
Page 10 of 20
(iv) is discovered to have provided false or inaccurate information
on or m connection with the original permit application,
(v) fails to license or vaccinate any animal in accordance with the
requirements of state law and this chapter or
(vi) fails to comply with the requirements of subsection (d)(3)
(2) If a permit is revoked by the animal care and control division, the
applicant may appeal to the Director Such appeal must be made in
writing and received within thirty (30) days of the date the application was
originally rejected. The Director may• (i) reinstate the permit pursuant to
its original terms, (ii) reinstate the permit subject to the holder meeting
additional specified conditions, or (iii) affirm the revocation. The decision
of the Director shall be final and un-appealable.
(f) Defenses
(1) It is a defense to a prosecution under subsection (a)(1) or (a)(2) if an
owner produces a signed, written opinion from a licensed veterinarian that
the animal in question should not be spayed or neutered due to health
concerns.
(2) It is a defense to a prosecution under subsection (a)(1) or (a)(2) that
the animal was owned, kept or harbored by or in the custody of, an animal
establishment or releasing agency was kept under restraint on the
premises of the animal establishment or releasing agency and was being
offered for sale or adoption.
(3) It is a defense to prosecution urider subsection (a)(1) or (a)(2) that the
person who owned the animal was not a permanent resident of the city and
was keeping the animal within the city for less than sixty (60) days.
(4) It is a defense to prosecution under subsection (a)(1) or (a)(2) above
that, at the time of the offense, the person was using the animal in a
research program at an institution of higher education that is accredited by
the American Association for the Accreditation of Laboratory Animal
Care.
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SECTION 8.
That Section 6-23 `License application, fee, of the Code of the City of Fort Worth,
Texas, is hereby amended to allow for imposition of a late fee; to authorize the Director
of Code Compliance to periodically offer reduced fees, and to authonze issuance of
three-year licenses under certain circumstances. Section 6-23 shall read m pertinent part
as follows
(a) Written application for a license and payment of the applicable license fee
shall be made to the animal care and control division, to the Humane Society of
North Texas, or to a designated veterinarian.
(d) Upon acceptance of a license application, a Crty of Fort Worth combined
license/rabies tag shall be issued, which shall bear an identifying number for the
animal and the year of issuance. The animal care and control division is
authorized to have the name, address, and phone number of the issuing designated
vetennanan or Humane Society of North Texas imprinted on one (1) side of the
tag.
(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 division.
The schedule of fees may include late fees relating to licenses, registrations, or
other actions required under this article that are not accomplished voluntarily and
within the time hm~ts prescribed, such fees shall serve to off-set costs associated
with staff time required to bung about compliance. Upon proof pursuant to
section 6-62, presented to the animal care and control division, no fee shall be
charged for animals trained and certified by recognized professional authorities as
assistance or service animals. The Director may m his or her discretion,
periodically reduce the license fees adopted by the city council m order to
encourage adoption m conjunction with special events.
(fj Unless sooner revoked, licenses shall be valid for their period of issuance m
accordance with this subsection. Licenses for animals that are implanted with a
microchip currently registered with a national animal-identification database may
be issued for a period of up to three years, provided that the animal m question
has been immunized against rabies with a vaccine that is effective for the entire
three-year period. Licenses for animals that are not implanted with a microchip
currently registered with a national animal identification database may be issued
for a period of up to one year provided that the animal m question has been
immunized against rabies with a vaccine that is effective for the entire one-year
period. Under no circumstances shall a license be issued for a period that extends
beyond the time period for which the animal s most recent rabies vaccination
remains m effect.
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(h) A license is not transferable between animals or between owners.
All portions of Section 6-23 `License apphcarion, fee, not specifically amended shall
remain m effect.
SECTION 9
That Section 6-44 `Time; fees impoundment; bite; boarding; vaccination or license, of
the Code of the City of Fort Worth, Texas, is hereby amended to revise and clarify the
factors considered m setting impound and boarding fees, and to require payment of a
deposit to ensure released animals are sterilized and vaccinated. Section 6-44 shall read
m pertinent part as follows
(a) 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 impoundment,
disposition will be m accordance with this chapter The animal may be disposed
of prior to the expiration of such time if m the professional opinion of the animal
control authority disposition is necessary to avoid the unnecessary suffering of a
sick or m~ured animal.
(c) Impounded and quarantine animals, except for prohibited animals, shall be
available for immediate redemption to their owner upon presenting photo
identification to the city (of which the city shall keep a copy) and paying all
applicable fees. Impounded prohibited animals shall be available for immediate
redemption by the owner after presenting photo identification (of which the city
shall keep a copy) and paying all applicable fees. In addition, the owner of a
prohibited animal must sign an agreement with the city stipulating that the owner
1) shall lawfully and immediately remove from the city limits the prohibited
animal and shall not allow the prohibited animal to return to the city and 2) shall
consent to the city humanely destroying the prohibited animal if the animal
returns and is found within the city limits. If the owner of a prohibited animal
fails to comply with this subsection, the prohibited animal may be either
euthamzed or removed from the city as determined by the animal care and control
division. The owner of a prohibited animal shall pay to the city the applicable
fees and costs of impoundment and handling.
(d) Amounts of the `applicable fees" are established by the city council. Types
of `applicable fees" which must be paid by the animal owner to reclaim
impounded or quarantined animals shall be determined m accordance with this
subsection.
Page 13 of 20
(1) An impoundment and boarding charge will be charged for all
reclaimed animals. This charge shall take into account and reflect the
species of the animal m question, the amount of staff lime required to
capture the animal, and whether such animal is (i) a prohibited animal,
(u) currently vaccinated against rabies, (iii) validly licensed, (iv)
microchipped, and (v) spayed or neutered. The impoundment and
boarding charge shall also reflect whether the animal required quarantine.
This charge will also reflect, apart from any quarantine issue, whether the
animal could be housed with one or more others or required its own cage
due to size or temperament. This charge shall also take into account and
reflect the number of times that any dog or cat belonging to the same
owner has been impounded at the animal care and control center within
the preceding twelve (12) months, for whatever reason. In each instance,
the factors affecting the amount of the impoundment and boarding charge
shall be itemized in the invoice provided to an owner at the time the
animal is reclaimed.
(3) For any animal released pursuant to a sterilization and vaccination
agreement, a deposit will be charged m an amount established annually by
the city council. If an owner fails to provide proof to the animal care and
control division from a vetennanan that each animal subject to such
agreement was sterilized and vaccinated within thirty (30) days from the
date the animal was reclaimed, the amount of such deposit shall be
forfeited and used to defray costs associated with additional staff time
required to ensure that each animal m question was stenhzed and
vaccinated.
(4) An impoundment and boarding charge will be made for every day and
any part of a day that the animal is in the custody of the animal care and
control center
(5) Where an owner cannot provide proof to the animal care and control
division at the time of release from impoundment that the impounded
animal is currently vaccinated against rabies and validly licensed, then a
charge for the legally required vaccination and/or licensing will be made
and a voucher provided to the owner to receive vaccination services from
a vetennanan.
All portions of Section 6-44 `Time; fees. impoundment; bite; boarding; vaccination or
license, not specifically amended shall remain m effect.
Page 14 of 20
SECTION 10.
That Section 6-46 `Requirements for adoption, of the Code of the City of Fort Worth,
Texas, is hereby re-titled and amended to clarify the requirements for release of animals
pursuant to a sterilization and vaccination agreement; and to provide for forfeiture of
deposit if owner fails to submit required proof of sterilization and vaccination. Section 6-
46 shall read.
Sec. 6-46. Requirements for adoption and reclamation.
(a) The animal care and control center may not release a dog or cat for adoption
unless the animal (1) has a microchip implanted (2) has been sterilized and (3)
has received rabies vaccination according to section 6-41 Vaccination and
sterilization are not required if the release is made to an owner who has signed an
agreement to have the animal sterilized and vaccinated by a pnvate veterinarian
and who has paid the deposit required by Section 6-44(d)(3)
(b) The animal care and control center may not release a dog or cat for
reclamation unless the animal (1) has a valid, current city license; (2) has been
sterilized, and (3) has received rabies vaccination according to section 6-41
Vaccination is not required if.the release is made to an owner who provides proof
that the animal is current on its vaccinations or has signed an agreement to have
the animal vaccinated by a pnvate veterinarian and has paid the deposit required
by Section 6-44(d)(3) Sterilization is not required if the release is made to an
owner who has signed an agreement to have the animal sterilized by a pnvate
veterinarian and has paid the deposit required by Section 6-44(d)(3) or to an
owner who provides proof that (i) the animal been previously sterilized, (ii) a
vetennanan has issued a signed, written opinion that sterilization would
jeopardize the animal s health, or (iii) the animal is the subject of a valid intact pet
permit and has not been previously impounded m the city
(c) The sterilization and vaccination agreement must contain.
(1) A sterilization completion date, which is
(i) The thirtieth (30th) day after the date of adoption or
reclamation in the case of an adult animal, or
(ii) The thirtieth (30th) day after a specific date estimated to be the
date an infant female animal becomes six (6) months old or an
infant male becomes eight (8) months old, and
(2) A statement, panted m conspicuous, bold pent, that sterilization and
vaccination of the animal are required, and that if the animal is not
stenhzed on or before the appropriate date or is not vaccinated within a
reasonable time, the owner commits a criminal offense punishable as a
Page 15 of 20
Class C misdemeanor and forfeits the deposit paid under Section 6-
44(d)(3)
(d) Except as provided by this subsection, an owner who signs a sterilization and
vaccination agreement under this section shall have the animal sterilized on or
before the sterilization completion date stated m the agreement. If the
sterilization completion date falls on a Saturday Sunday or legal holiday the
deadline is extended to the first day that is not a Saturday Sunday or legal
holiday The animal care and control center may extend the deadline for thirty
(30) days on presentation of a written report from a licensed veterinarian stating
that the life or health of the animal may be jeopardized by surgery There is no
limit of the number of extensions that maybe granted for this reason.
(e) When adopting or reclaiming an animal from the city's animal care and
control center an owner must sign an adoption or reclamation agreement and
must present government issued photo identification to the city so that the city
can make a copy of it.
(f) It shall be unlawful for a person who adopted or reclaimed a dog or cat from
the animal care and control center and executed a sterilization and vaccination
agreement for the subject animal (i) to fail or refuse to have the subject animal
vaccinated within a reasonable time or (ii) to fail or refuse to have the subject
animal sterilized by the date specified m the agreement or m subsequent
extension(s) of the deadline as may be granted by the animal care and control
center pursuant to section 6-46(d)
SECTION 11
That Section 6-47 `Confirmation of sterilization, death or lost or stolen animal, of the
Code of the City of Fort Worth, Texas, is hereby re-titled and amended to clarify proof
required to demonstrate that a released animal has been sterilized and vaccinated.
Section 6-47 shall read.
Sec. 6-47 Confirmation of sterilization and vaccination, death or lost or
stolen animal.
(a) Except as provided by subsection (b) and (c) of this section, every owner who
signs a sterilization and vaccination agreement under section 6-46 of this article
shall provide the animal care and control center from which the owner adopted a
dog or cat, a certificate of sterilization and/or vaccination signed by the
vetennanan who performed the surgery and/or vaccination, this certificate must
include a beef description of the animal and provide the date of sterilization
and/or vaccination. It shall be unlawful for a person who adopts or reclaims a dog
or cat from the animal care and control center and who has executed a sterilization
and vaccination agreement for the subject animal to fail or refuse to provide a
certificate of sterilization andlor vaccination for the animal to the animal care and
Page 16 of 20
control center by seven (7) days from the date the animal is stenhzed and/or
vaccinated.
(b) If the adopted or reclaimed animal dies on or before the deadline provided by
section 6-46 of this article, the owner shall provide to the animal care and 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 subsection is m lieu of the
letter required by subsection (a) of this section.
(c) If an adopted or reclaimed animal is lost or stolen before the stenhzation
completion date, the owner shall deliver to the animal care and control center a
signed letter stating that the animal is lost or stolen. The letter must be delivered
not later than the seventh day after the date of the animal's disappearance and
must described the circumstances surrounding the disappearance and provide the
approximate date of the disappearance. The letter required by this subsection is m
lieu of the letter required by subsection (a) of this section.
SECTION 12.
That Section 6-49 Affirmative defense, of the Code of the City of Fort Worth, Texas,
is hereby repealed.
SECTION 13
That Section 6-50 `Mandatory spay/neuter of unrestrained dogs and cats, of the Code of
the City of Fort Worth, Texas, is hereby repealed.
SECTION 14
That Section 6-61 `Unlawful acts enumerated, of the Code of the Crty of Fort Worth,
Texas, is hereby amended to add a new subsection (i) to clanfy the status of tethering as
an unlawful, cruel act; to add a new subsection ~) to prohibit confining an animal to an
enclosure for a substantial portion of the day unless a specified minimum per-animal size
requirement is met; and to re-designate the remaining subsections. Section 6-61 shall
read in pertinent part as follows
(i) It shall be unlawful for a person to use a chain, rope, tether leash, cable, or
other device to attach a dog to a stationary object or trolley system. Restraint
under such conditions is presumed to be cruel confinement for purposes of this
chapter
(j) Except as otherwise provided in this paragraph, it shall be unlawful for a
person to confine an animal for a substantial portion of the day in an outdoor
Page 17 of 20
enclosure that provides less than forty-eight (48) square feet of space for each
animal that it contains that is at least six months old. It is presumed that an
animal is being confined for a substantial portion of the day if a police officer
animal care and control officer code enforcement officer or the person charged
with enforcing this ordinance witnesses the animal m said enclosure at least twice
on the same day at two separate times that are at least five hours apart.
The prohibition m this paragraph (j) shall not apply to (i) registered non-profit
agencies that keep animals for purposes of rescue, rehabilrtahon, or adoption so
long as such animals are otherwise maintained m accordance with the
requirements of this chapter or (ii) situations m which animals are being boarded
for a period of less than thirty (30) days so long as such animals are otherwise
maintained m accordance with the requirements of this chapter
(k) The actions prohibited by this section are m addition to any prohibitions
existing elsewhere m this code or any applicable state or federal law Nothing in
this section shall be construed to limit any duty imposed on an owner by any other
provision of this Code or any applicable state or federal law
(1) (1) Public safety officers, including officers m the city code compliance,
public health, fire, and police departments, shall have the authority to seize any
animal that is the subject of any violation of this section if doing so is believed to
be necessary to protect the animal s health, safety or welfare.
(m) Nothing m this section shall be construed to prevent public safety officers,
including officers in the city code compliance, public health, fire, and police
departments from euthamzing animals when authorized to do so by any statute,
ordinance, or law or when such action is deemed necessary to spare the animal
unreasonable pain and suffering or in the interest of the public health and safety
All portions of Section 6-61 `Unlawful acts enumerated, not specifically amended shall
remain in effect.
SECTION 15.
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 m direct conflict with the provisions of such ordinances and such
Page 18 of 20
Code, m which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 16.
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
Crty Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 17
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 18.
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 m court or
Page 19 of 20
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 19
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 m 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 20
The Crty Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013
Texas Local Government Code.
SECTION 21
This ordinance shall take effect on October 1 2009 following publication as
required bylaw
AND LEGALITY
Assistant Crty A
ADOPTED "August 11, 2009
EFFECTIVE ®~ ~ ~0
Page 20 of 20
City of Fort Worth, Texas
3. ~
DATE Tuesday August 11 2009
LOG NAME 23ANIMALWELFARE
~_ ~ ~ ~~ ~~
REFERENCE NO G-16653
SUBJECT
Adopt an Ordinance Amending Chapter 6 of the City Code (Animals and Fowl) to Promote Responsible Pet
Ownership by Clarifying and Enhancing Animal Enclosure Standards, Providing Incentives to Spay/Neuter
Animals Providing Incentives to Microchip Animals Creating a System for Issuance of Intact Pet Permits
Increasing Certain Dangerous Animal Registration Fees and Declaring Certain Dangerous Dogs to be
Public Nuisances Prohibiting Transport of Unsecured Animals in Open Vehicles and Making Other Minor
Amendments to Promote Animal Welfare
RECOMMENDATION
It is recommended that City Council adopt amendments to Chapter 6 of the City Code (Animals and Fowl)
to promote responsible pet ownership by clarifying and enhancing animal enclosure standards providing
incentives to spay/neuter animals providing incentives to microchip animals creating a system for
issuance of intact pet permits increasing certain dangerous animal registration fees and declaring certain
dangerous dogs to be public nuisances prohibiting transport of unsecured animals in open vehicles and
making other minor amendments to promote animal welfare
DISCUSSION
Earlier this year the City Council directed staff to develop strategies to more proactively address the
growing number of stray and aggressive animals being reported in Fort Worth neighborhoods The Code
Compliance Department (Department) developed several draft ordinance changes as part of a multi-
faceted plan of action These draft concepts were introduced to the City Council in April The Department
then promoted and facilitated seven public meetings to discuss staffs proposals Additionally staff met
with stakeholder groups in the community including the Fort Worth Kennel Club the American Society for
the Prevention of Cruelty to Animals the Humane Society of the United States and others
Following these meetings staff revised its original proposals to take into account feedback from these
various sources The revised proposals were presented to the City Council on July 14 2009 The attached
ordinance reflects staffs revised proposals and includes the following ordinance revisions
Dangerous Dogs 1 Aggressive Dogs /Enclosure Standards
Mayor and Council Communication
~.
COUNCIL ACTION Approved on 8/11/2009 -Ord. No. 18751-08-2009
Currently the City Code provides no minimum pen size for dogs placed in dog runs even if the dog
spends the majority of its time in the enclosure The proposed ordinance amendment requires a
minimum of 48 square feet of space for each animal that is six months old or older and that spends
a substantial portion of the day in the enclosure
The City Code broadly defines an enclosure as one preventing escape without giving further
guidance on height or materials This outcome-defined standard has allowed for makeshift
enclosures cobbled together from an assortment of objects and materials that are neither attractive
nor effective The proposed ordinance amendment includes a minimum height (four foot) and
Logname. 23ANIMALWELFARE Page 1 of 3
specifies acceptable materials (chain link, welded wire wrought iron brick, block, wood stockade or
other material approved by the Director) In addition the proposed ordinance would require a
greater minimum height (six foot) for the enclosure of a dog that repeatedly commits certain defined
unprovoked aggressive acts
The City Code allows dogs declared dangerous in other jurisdictions to relocate to Fort Worth with
required notifications and safeguards The proposed ordinance amendment would prohibit dogs
declared dangerous in other jurisdictions from relocating to Fort Worth by declaring such animals
to be public nuisances In addition the ordinance would increase from $50 00 to $500 00 the fee for
registration of animals that are declared dangerous going forward The increased fee more
accurately reflects the actual associated staff costs
Spay/Neuter Requirements
The City Code has no requirement for spay/neuter until an animal is captured at-large with no
identification or captured at-large more than once The proposed ordinance requires all dogs and
cats of a certain age to be spayed or neutered unless a veterinarian certifies that such a procedure
would jeopardize an animal's health or the owner obtains an intact pet permit with a waiveable one
time fee per owner Waiver of the fee is conditioned on the applicant completing a responsible pet
ownership class facilitated through Animal Care and Control Intact pet permits can be revoked if the
owner does not consistently comply with animal ordinance provisions
The City Code allows owners to re-claim unaltered pets if they agree to have the animals
spayed/neutered within 30 days at the clinic of their choice Although owners agree to submit proof
of completion the current ordinance provides little incentive for an owner to do so The proposed
ordinance would add a requirement of a deposit for owners who want to take their animals to
another veterinarian for spay/neuter The deposit would be forfeited if the owner fails to provide
proof that the pet was spayed/neutered at another veterinary clinic within 30 days
Microchips and Licensing
Under the current City Code the City Council adopts licensing fees once a year but no provision is
included to allow such fees to vary depending on the circumstances under which a license is
obtained Many people do not license their animals until they are compelled to do so by the threat of
a citation The proposed ordinance amendment would allow for imposition of a late fee in those
instances where an owner does not comply with the ordinance requirements voluntarily and in a
timely manner Staff believes the additional financial incentive for timely voluntary compliance will
increase the number of voluntary registrations, which will in turn make it easier to return lost or
escaped animals and free up staff time to address more pressing animal issues The ordinance
would also allow the Code Compliance Director to periodically offer lower licensing fees in order to
encourage adoptions in connection with special events The flexibility to offer reduced fees would
provide the Director with additional options for addressing situations in which the shelter population
is unusually high
The City Code now requires that animals released from the animal care and control center be
microchipped but does not otherwise require or promote microchipping of animals In addition all
animal licenses are issued for a period of no more than one year even if the animal has received a
three year rabies vaccination In staffs experience microchipping makes it much easier to locate an
owner and annual re-licensing of animals that have been given along-term vaccine serves no
greater purpose and reduces staff resources for addressing more pressing issues The proposed
ordinance would create an incentive to get an animal microchipped by allowing a properly
vaccinated microchipped animal to be licensed for up to three years A license would never extend
beyond the period of the vaccine Staff intends to propose a reduced per year license fee fora multi-
Logname• 23ANIMALWELFARE Page 2 of 3
year license when staff presents its overall fee schedule in the budget process
Animal Welfare Considerations
At present, the City Code does not restrict animals from riding unsecured in open vehicles such as
the beds of pick-up trucks. The proposed ordinance establishes requirements for securing animals
in open vehicles to prevent the animals from jumping or falling out.
The City Code currently allows for citations to be issued to owners of tethered animals The
proposed ordinance adds clearer authority to seize a tethered animal if circumstances warrant.
Fee and Fine Incentives
With the exception of dangerous animals animal related fees are not explicitly set by ordinance and are
instead adopted annually by the City Council The attached ordinance sets the new fees for dangerous
animals and addresses some general fee-related issues but it does not otherwise include fees. As part of
staffs recommended comprehensive approach to dealing with animal issues, staff will be bringing forward
specific proposed revisions to the Animal Care and Control fee schedule as part of the Fiscal Year 2010
budget process Overall the recommended fee revisions are intended to provide further incentives for
individuals to be responsible pet owners by providing lower fees and fines on the front-end and providing
higher fees and fines after owners are found to be in violation of animal ordinances The purpose of the
fee differentials will be to create additional monetary incentives for voluntary compliance
The proposed fee amendments would include variable reclaim fees that more accurately reflect the
resources required to capture and shelter each particular animal reduced fees for pet adoption by
senior citizens reduced fees for adoption of an older adoptable animal and an increased 'window
fine for violations of animal ordinances to match those imposed for other health-and-safety
violations
Staff recommends that the ordinance have an effective date of October 1 2009 to coincide with the
implementation of the new fee schedule
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action wiN have no material effect on City
funds
FUND CENTERS
TO FundlAccount/Centers
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for Cit~Manager's Office bv:
Originating Department Head.
Additional Information Contact:
Logname: 23 ANIMALWELFARE
Charles Daniels (6199)
Brandon Bennett (6322)
Brandon Bennett (6322)
Page 3 of 3