HomeMy WebLinkAboutOrdinance 16022s~
M&C G-14408
ORDINANCE NO ~~~
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF FORT WORTH, ANIMALS AND FOWL SECTION 6-1
DEFINING THE TERMS ASSISTANCE AND SERVICE ANIMALS
SECTION 6-23, EXEMPTING THE LICENSE FEE FOR ASSISTANCE
AND SERVICE ANIMALS SECTION 6-62, ALLOWING PROHIBITED
ANIMALS AS ASSISTANCE AND SERVICE ANIMALS UPON
REGISTRATION 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, 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 Crty Code is to
encourage responsible pet ownership and to protect the public health, safety and welfare of the
Crty
WHEREAS state and federal laws and regulations such as the Americans with
Disabihhes Act and the Texas Human Resources Code have recognized and provided for the
utility of assistance and service animals for certain individuals
WHEREAS, certain prohibited animals such as chimpanzees are more commonly being
trained and used as service and assistance animals,
WHEREAS, federal laws and regulations prohibit the City from imposing a fee on an
individual with a disability as a condition to allowing a service or assistance animal to
accompany the individual with a disability even if those fees are usually required for other
animals,
WHEREAS, the Animal Shelter Advisory Committee agreed with these findings and
C RP200406.28v6asst&servi ceonly
recommend the following ordinance,
WHEREAS, on Apri127 2004 the City Council s Public Safety Committee agreed with
the Animal Shelter Advisory Committee s 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 6-1
`Definitions" shall be amended to include the following alphabetically
Assistance Animal An animal that is specially trained or equipped to help a person with a
disability and that:
(a) is used by a person with a disability who has satisfactorily completed a
specific course of training m the use of the animal, and
(b) has been trained by an organization generally recognized by agencies involved
m the rehabilitation of persons with disabilities as reputable and competent to
provide animals with training of this type
Service Animal An animal that is individually trained to do work or perform tasks for the
benefit of an individual with a disability or by the virtue of a natural aptitude or acquired
ability is able to provide therapeutic treatment, mitigation, safety or rescue.
SECTION 2.
Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-22.
`License required" subsection (a) shall be amended to include (4) as follows.
(4) 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 6-62(c)(2)
CRP200406.28v6asst&serviceonly 2
SECTION 3.
Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-23
`License application, fee" subsection (a) shall be amended to include (4) as follows
(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 pursuant to Section 6-62, presented to the Animal Care and Control
Manager no fee shall be charged for animals trained and certified by recognized
professional authorities as assistance or service animals.
SECTION 4
Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-62.
`Keeping of certain animals prohibited" subsection (b) shall be amended to be as follows and
shall now include subsection (c) to read as follows
It shall be unlawful for a person to sell, offer for sale, barter trade, keep own, maintain,
use or have m 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 6-16 pursuant to a final
determination that an animal is dangerous, or
(b) Any prohibited animal.
(c) A prohibited animal is exempt from this section if•
(1) the animal(s) belongs to a bona fide zoological: park, circus, educational
institution, museum, licensed laboratory publicly owned nature center or
animals kept by bona fide members of an educational or scientific association
or society approved by the director of health, or persons holding permits from
an agency of the state or the United States for the care and keeping of animals
for rehabilitative purposes. If a person holds a permit from the Texas State
Department of Parks and Wildlife to operate a wildcare center in the city the
permit holder must also comply with the city comprehensive zoning
ordinance, as amended, and must keep any and all animals or reptiles m cages
of sufficient size, construction and strength to restrain the animal or reptile at
all times, or
(2) the animal is an assistance or service animal as defined herein, that has been
registered with the City and has provided to the Animal Care and Control
Manager
(i) records of vaccination appropriate for the species of animal,
CRP200406.28v6asst&serviceonly 3
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(ii) documentation from a veterinarian that the animal is healthy
(iii) proof of proper restraint for the animal, and
(iv) proof that the animal has been or is being trained to perform tasks
of an assistance or service animal.
SECTION 5.
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 Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
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 m this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
All rights and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the Crty 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 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.
CRP200406.28v6asst&serviceonly 4
SECTION 8.
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 is permitted to exist constitutes a separate offense.
SECTION 9
The Crty Secretary of the Crty 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 Crty 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
~P
Assistant Ci Attorlney flo,~r Da ' Yett, ,I City Attorney
ADOPTED. ~~~1\~, lU ~`'-F-
CRP200406.28v6asst&serviceonly 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/6/2004 Ordinance No. 16022
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday June 29 2004
LOG NAME. 50SERV/ASST/MIC REFERENCE NO G-14408
SUBJECT
Adoption of an Ordinance Amending Chapter 6 of the City Code Animals and Fowl" Recognizing
Assistance and Service Animals
RECOMMENDATION
It is recommended that the City Council
Approve the attached ordinance amending Chapter 6 Animals and Fowl" of the City Code to include.
a. A definition for assistance and service animals,
b An exemption from the prohibited animals list for registered assistance and service animals; and
An exemption from registration fees for assistance and service animals; and
2. Approve the attached fee schedule.
DISCUSSION
On April 27 2004 Staff made a presentation to the Public Safety Committee on assistance and service
animals. In that presentation Staff and the Animal Shelter Advisory Committee recommended amending
the municipal code to include a provision that would recognize assistance and service animals and waive
the pet registration fees for such animals. State law defines assistance animals as animals that are
specially trained or equipped to help persons with disabilities. Current City Code recognizes only guide
dogs for the blind and hearing-impaired Recent health advances have proven that animals can provide
support for persons with other health conditions or disabilities. Although canines are the most common
species used for assistance work, primates and other species are also used The City Code currently
prohibits residents from keeping primates and some other species. This ordinance amendment will allow
residents to keep a prohibited species if that individual animal is documented as an assistance animal.
Service animals are animals, primarily dogs owned by agencies or individuals who train the animals to
provide support services to law enforcement or emergency response units Awareness and ownership of
service animals has increased since the tragic incident of September 11 Besides government agencies
and security companies private citizens own trained search and rescue dogs and other service animals that
assist the community in times of need
Owners of assistance and service animals will be required to register their animals with the Animal Care
and Control Division Registration requirements for these animals will include.
Proof of required vaccinations appropriate to the species and
Documentation from a licensed veterinarian that the animal is healthy and
Lo~name• SOSERV/ASST/MIC Page 1 ~f 2
Documentation that the animal is trained or is in training as an assistance or service animal; and
An indication that the animal will be properly restrained at all times by a leash or harness
It is the recommendation of Staff and the Animal Shelter Advisory Committee that the City waive the
registration fee for assistance and service animals This waiver may result in a loss of registration fees of $7
per animal or about $210 annually
Council is being asked to approve the attached revised fee schedule that has been adjusted to include a
waiver from registration fees for assistance and service animals.
City Staff the Animal Shelter Advisory Committee and the Public Safety Committee recommend approval of
the recommendation
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the Public Health Department, Animal Care and Control Division will be
responsible for the collection of funds due to the City as a result of this action.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 464884 0504002 9 600.00.
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head Daniel Reimer (7201)
Additional Information Contact: Daniel Reimer (7201)
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