HomeMy WebLinkAboutOrdinance 15822,y. ~~-
ORDINANCE NO.: ~~~
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF FORT WORTH, "ANIMALS AND FOWL", SECTION 6-65,
DEALING WITH THE "PROPER CARE OF ANIMALS"; REQUIRING
ADEQUATE SHELTER FOR ANIMALS; 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.
WHEREAS, 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 City Council has determined that more stringent requirements for the
protection of animals from the weather is necessary to prevent the cruel treatment of animals;
WHEREAS, the City Council approved the position of two animal cruelty investigators
in the City's 2003-2004 fiscal budget; and
WHEREAS, the Animal Care and Control Advisory Committee has concurred with the
Council's findings and makes the following recommendation.
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 6-65,
"Proper Care of Animals", requiring "every owner or other person having care and control of any
.~
9
animal" to provide food, water, adequate shelter and veterinary care, shall be amended so that
subsection (c) will set standards for what adequate shelter shall be as follows
(c) Adequate shelter, which shall allow the animal to remain dry and protected from
the elements at all times and which shall provide either natural or artificial shade
for the animal to avoid direct sunlight. If the shelter is provided by enclosure, the
enclosure shall allow for adequate ventilation.
SECTION 2.
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conflicting provisions of such ordinances and such Code are hereby repealed.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 3.
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 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 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 may be prosecuted until final disposition by the courts.
2
ti. ~
' ~ 4t _ C ~~
~1
SECTION 5.
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 6.
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:
R
Assistant rty Attorney for avid Yett, City Attorney
ADOPTED: ~ `
CRP20031205v4
3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/13/2004 -Ordinance No. 15822
DATE: Tuesday, January 13, 2004
LOG NAME: 50ANIMALWELFARE
REFERENCE NO.: G-14224
SUBJECT:
Adoption of an Ordinance Amending Chapter 6 of the City Code, "Animals and Fowl"
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 6 of the Code of
the City of Fort Worth, "Animals and .Fowl", Section 6-3 to allow. for the employment of animal cruelty
investigators, and Section 6-65 to revise "proper care of animals" to include standards for adequate shelter.
DISCUSSION:
On August 19, 2003, staff presented, an Informal Report to the City Council on animal cruelty ordinance
provisions. The City Council directed that a review of the ordinance be referred to the- Animal. Shelter
Advisory Committee. The Animal Shelter Advisory Committee met on August 28 and October 16,
2003, and recommended the attached draft ordinance be submitted to the City Council for
consideration. Staff has reviewed the document and concurs with the recommendations of the Animal
Shelter Advisory Committee.
The City's current ordinance requires that animal owners and other persons having care or control of an
animal provide the animal with food, water, .adequate shelter and veterinary care. The amendment
establishes qualifying standards for adequate shelter. Under the. amended ordinance, an animal owner will
be required to provide shelter that shall allow the animal to remain dry and protected from the elements at
all times, and which shall provide either natural or artificial shade for the animal to avoid direct sunlight. If
shelter is provided for the animal by enclosure, the enclosure shall allow for adequate ventilation.
.... ,
On September 9, 2003, the City Council approved two Animal Cruelty Investigator positions to enforce the
ordinance.' The investigators will investigate animal cruelty and neglect cases. In addition, the investigators
will investigate penal code violations involving animals.
FISCAL. INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers ..
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Libby Watson (6183)
Daniel Reimer (7201)
James Agyemang, Ed.D. (392-3743)
Lo~riame: SOANIMALWELFARE ~ PauP 1 of 1