HomeMy WebLinkAboutOrdinance 16900-04-2006ORDINANCE NO.. 16900-04-2006
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF FORT WORTH, ANIMALS AND FOWL SECTION b-22,
DELETING SUBSECTION (a)(4) IN ITS ENTIRETY AMENDING
SECTION b-44; AMENDING SECTION b-62; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A FINE OF UP TO $2,000 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.
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 City currently prohibits the ownership, harboring, custody and control
of'Prohibited Animals with certain exceptions;
WHEREAS, Section 822 103 of the Health and Safety Code (the `Code") also regulates
the ownership, harboring, custody and control of Prohibited Animals, defined in the Health and
Safety Code as Dangerous Wild Animals; and Section $22 102 provides seven exceptions to the
prohibition of the ownership, harboring, custody and control of Dangerous Wild Animals;
WHEREAS, the City Code s current exceptions for the ownership, harboring, custody
and control of Prohibited Animals (Dangerous Wild Animals) do not comply with Section
822 103 of'the Health and Safety Code,
WHEREAS, the City does not have acertificate-of-r•egistr~ation program that would
allow the keeping of'Prohibited Animals as pets;
WHEREAS, on February 9 2006, the Animal Shelter Advisory Committee found that
the City does not have acertificate-of r~egistratron program that would allow the keeping of
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Prohibited Animals as pets and r~ecornmended that the City Code be amended to avoid any
conflict with the State law
NOW THEREFORE, BE IT ORDAINED SY 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 (1986), as amended, Animals and
Fowl, Section 6-22.. `License required shall be amended by deleting subsection (a) (4} which
reads, A person commits an offense if the person owns, keeps; harbors, or~ has custody of a
Prohibited Animal unless that Prohibited Animal is an assistance or service animal which is
registered with animal care and control and whose owner has complied with section 6-6.2(c)(2)
SECTION 2.
Chapter 6 of the Code of the City of Fort Worth (1986), as amended, Animals and
Fowl, Section 6-44 Lime; fees: impoundment; bite; boarding; vaccination or license shall
be amended by amending Subsection (c) to be•
(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 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 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 Cityy 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 euthanized or~ removed fi•om
the City as determined by the Animal Care and Control Manager The Owner of a
Prohibited Animal shall pay to the City the applicable fees and costs of
impoundment and handling..
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SECTION 3.
Chapter 6 of the Code of the Ciry of Font Worth (1986), as amended, Animals and
Fowl, Section 6-62.. `Keeping of'certain animals prohibited shall be amended to be
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 dangerous animal except as provided in Section 6-15 of Article lII, pursuant
to a final determination that the animal is dangerous; or
(b) Any Prohibited Animal unless that person is a person as exempted by Section
822 102, Subchapter E, Dangerous Wild Animals, of the Texas Health and Safety
Code, as amended
SECTION 4.
Ihis ordinance shall be cumulative of'all ordinances and of'the Code of'the City of Fort
Worth, Texas (1986), as amended, and if the provisions of this ordinance directly conflict with
the provisions of such ordinances and the Code, then the conflicting provisions of such
ordinances and the 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 is declared unconstitutional by court decree or
,judgment, then the unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, because this ordinance would have been
enacted by the City Council without the incorporation of any unconstitutional phrase, clause,
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sentence, paragraph or section
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved for any and
all violations of the provisions of the Code of the City of Fort Worth that have accrued on the
effective date of thrs ordinance; and fnr~ all accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, those violations shall
not be affected by this ordinance but may be prosecuted until final disposition.,
SECTION 7
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any provision of this ordinance shall be fined not
more than Iwo Thousand Dollars {$2,000 00) for each offense Each day that a violation exists
constitutes a separate offense
SECTION S.
The City 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 01.3 Texas Local
Government Code
This ordinance shall take effect upon adoption,
APPROVED AS IO FORM AND LEGALITY
~.
Assistant Cr Attorney
ADOPIED: April 18, 2006
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 411 812 0 0 6 Ordinance No 16900-04-2006
DATE Tuesday April 18 2006
LOG NAME 50PROHIBITEDANI REFERENCE NO G 15160
SUBJECT
Adopt an Ordinance Amending Chapter 6 of the City Code Animals and Fowl" by Revising the
Provisions for Prohibited Animals in Accord with Section 822 102 of the Texas Health and Safety
Code
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 6 of the City
Code Animals and Fowl that amends Chapter 6 so the Code s provisions for Prohibited Animals complies
with Section 822.102 of the Texas Health and Safety Code
DISCUSSION
Subchapter E Chapter 822 of the Texas Health and Safety Code ("the Code') regulates the keeping of
dangerous wild animals within a municipality Dangerous wild animals are defined as Prohibited Animals
under the City of Fort Worth Code of Ordinances. Dangerous wild and Prohibited Animals include lions,
tigers ocelots cougars leopards cheetahs, jaguars bobcats, lynx, servals caracals, hyenas, bears,
coyotes, jackals, baboons chimpanzees orangutans gorillas or any hybrid of the animals. Specifically
the Code prohibits the City from allowing these animals to be owned harbored or to be within the custody
and/or control of or by a citizen within Fort Worth without a registration certificate Section 822.102 of the
State law provides seven exceptions to the prohibition of the keeping of these animals within the City The
City Code however does not accurately reflect these seven exceptions. To avoid any conflict with State
law it is recommended that the City Council adopted the attached ordinance amending the provisions of
Sections 6-22 6-44 and 6-62 of the City Code to prohibit the keeping of dangerous wild and Prohibited
Animals as defined by the City Code and State law
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that adoption of this ordinance will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by• Joe Paniagua (6191)
Originating Department Head Daniel Reimer (7201)
Additional Information Contact: Christa Lopez (8984)
Logname• SOPROHIBITEDANI
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