HomeMy WebLinkAboutOrdinance 21490-10-2014 i
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ORDINANCE NO.21490-10-2014
AN ORDINANCE AMENDING CHAPTER 6 "ANIMALS AND FOWL,"
ARTICLE VI "ANIMAL CONTROL IMPOUNDMENT; FEES" OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED,
BY AMENDING SECTION 6-45, "RELEASE FROM IMPOUNDMENT" TO
CORRECT AN INCORRECT REFERENCE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES
AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. !
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WHEREAS, Section 6-45 of the Code of the City of Fort Worth contains a reference to a �
Subsection (d) and there is no corresponding subsection in the Code; and
WHEREAS, the reference to the missing subsection was discovered as part of a
comprehensive review and "clean-up" of typographical errors and incorrect citations within the
Code that have accumulated over many years;
WHEREAS, it is advisable to amend Section 6-45 to remove the reference to the
missing subsection so that Section 6-45 is internally consistent;
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NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
SECTION 1.
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Chapter 6 "Animals and Fowl", Article VI "Release from impoundment", Section 6-45(c)
of the Code of the City of Fort Worth is hereby amended to remove a reference to a missing
Subsection(d), so as to hereinafter be and read as follows:
(c) Except where otherwise provided in this chapter, animals 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 care and control manager be placed for adoption
in a suitable home, transferred to a qualified rescue or humane group, kept for city purposes, or j
be humanely euthanized.
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SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances 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of such ordinances and such Code are hereby repealed. This ordinance shall be cumulative of all
Ordinance No.21490-10-2014
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provisions of ordinances of the Code of the City of Fort Worth, Texas, (1986), as amended, except
where the provisions of this ordinance are in direct
SECTION 3. i
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It is hereby declared to be the intention of the City Council that the phrases, clauses, I
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 I
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. j
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SECTION 4. i
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, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil 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.
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All other provisions of Section 6-45 of the Code of the City of Fort Worth, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
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SECTION 6.
This ordinance shall take effect upon adoption and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Arthur N. Bashor M J. Ka e
Assistant City Attorney City Secretary
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ADOPTED: October 14,2014
EFFECTIVE: October 14, 2014
Ordinance No.21490-10-2014 I
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City of Fort Worth, Texas
Mayor and Council Communication
F >. = ,. COUNCIL ACTION A roved on 10/14/201'4 =- Ordinance No 21490-10-2014 � `� �
DATE: Tuesday, October 14, 2014 REFERENCE NO.: **G-18330 4
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LOG NAME: 23AMENDING CHAPTER 6 ANIMALS AND FOWL j
SUBJECT:
Adopt Ordinance Amending Chapter 6, Animals and Fowl, Article VI, Animal Control Impoundment: Fees,
of the City Code by Amending Section 6-45, Release from Impoundment, to Correct an Incorrect
Reference and to Clarify the Entities to Which Animals May be Released (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
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It is recommended that City Council adopt the attached ordinance amending Chapter 6, Animals and
Fowl, Article VI, Animal Control Impoundment: Fees, of the City Code by amending Section 6-45,
Release from Impoundment, to (1) correct an incorrect reference discovered during a comprehensive
review of the City Code and (2) clarify the entities to which animals may be released.
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DISCUSSION:
Staff proposes to amend Section 6-45 of the City Code which contains a reference to a Subsection (d) and
there is no corresponding subsection in the Code. The reference to the missing subsection was
discovered as part of a comprehensive review and clean-up of typographical errors and incorrect citations
within the City Code that have accumulated over many years. The ordinance will remove the reference to
Subsection (d) and will condense the language related to euthanization. Further, Staff proposed to clarify
that the entities to which an animal may be released after impoundment are a "qualified rescue or humane
group" rather than a "bona fide humane society." This change reflects the intent that rescue groups are
considered a humane group even if they are not a "society." j
By granting this amendment to remove the reference to the missing subsection, Section 6-45 will be j
internally consistent.
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FISCAL INFORMATION /CERTIFICATION: j
The Financial Management Services Director certifies that this action will have no material effect on City !
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
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CERTIFICATIONS:
Submitted for Cily Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: Shannon Elder (6326)
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Logname: 23AMENDING CHAPTER 6 ANIMALS AND FOWL Page I of I j