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HomeMy WebLinkAboutOrdinance 16102ORDINANCE NO. ~ ~~~ AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF FORT WORTH, ANIMALS AND FOWL SECTION 6-15, REQUIRING MICROCHIP IDENTIFICATION FOR DANGEROUS ANIMALS SECTION 6-20.6 AND SECTION 6-20.7 REQUIRING MICROCHIP IDENTIFICATION FOR DANGEROUS DOGS SECTION 6-22, REQUIRING REGISTRATION FOR CERTAIN PROHIBITED ANIMALS SECTION 6-44, REQUIRING MICROCHIP IDENTIFICATION FOR IMPOUNDED AND QUARANTINED ANIMALS 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 City Code is to encourage responsible pet ownership and to protect the public health, safety and welfare of the City• WHEREAS the Animal Shelter Advisory Committee has concluded that microchippmg animals helps identify lost and stray animals and facilitates their return to their owners WHEREAS microchipping animals also help identify dangerous animals and to help elirrunate a health nsk to society WHEREAS, the Animal Shelter Advisory Commttee recommends the following ordinance, WHEREAS, on January 27 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 6-15 `Requirements for owner of dangerous animal other than a dog shall be amended to include subsection (7) which shall be as follows (7) Microchip the dangerous animal for its life with a national registry and present proof to the Animal Care and Control Manager The owner of the dangerous animal shall microchip the animal by implanting a microchip identification device on the animal within (7) calendar days after being notified by the Animal Care and Control Manager or by the Municipal Court that such animal is dangerous. The cost of the service shall be at the owner's expense SECTION 2. Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-20 6 `Requirements for owners of dangerous dog shall be amended to include subsection (a)(7) which shall be as follows (7) Microchip the dangerous dog for its life with a national registry and present proof to the Animal Care and Control Manager Animal Care and Control shall implant a microchip identification device on the dog immediately after a Municipal Court has ruled in a hearing pursuant to Section 6-20.5 that such dog is dangerous. The cost of the service shall be at the owner's expense SECTION 3. Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-20 7 `Dangerous Dog Registration shall be amended to be as follows The Animal Care and Control Authority shall register all dangerous dogs as provided for by state law In addition to the requirements of state law in order to register the dangerous dog, an owner of a dangerous dog must also provide the dog with a fluorescent yellow collar which is to be worn by the dog at all times, said collar to be visible from a distance of fifty (50) feet under daylight conditions and have a microchip implanted on the dangerous dog and register that dog with a national registry at the owner's expense 2 SECTION 4. Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-44 `Time fees impoundment, bite, boarding; vaccination or license shall be amended to be 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 in accordance with this chapter The animal may be disposed of prior to the expiration of such time if in the professional opinion of the Animal Care and Control Manager disposition is necessary to avoid the unnecessary suffering of a sick or inured animal (b) Impounded animals, including those released from quarantine, shall have a microchip implanted in the animal by the Animal Care and Control Center (c) Impounded animals, including those released from quarantine other than prohibited animals, shall be available for immediate redemption by owner or custodian by presenting photo identification so that the city can make a copy of the identification and after paying all applicable fees. Impounded prohibited animals, except for assistance and service prohibited animals shall be available for immediate redemption by the owner of the animal after the owner presents photo identification which the city shall make a copy of and the owner pays all applicable fees and signs an agreement with the city to immediately transport the prohibited animal outside the city to not keep the prohibited animal at any time in the city and authorizing the city to humanely destroy the prohibited animal if it comes inside the city again If the owner of such prohibited animal which has been impounded for three (3) days does not present photo identification for copying and pay all the applicable fees and sign such an agreement, the animal may either be euthanized or removed from the city as determined by the animal care and control manager The owner of such animal shall pay to the city the applicable fees plus the actual costs of the 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 include (1) An impoundment charge for• dogs and cats small animals other than dogs or cats, such as rabbits nonprohibited reptiles fowl livestock; and prohibited animals An impoundment charge for dogs and cats is based on the number of occurrences for which an owner's dog or cat is impounded at the city's animal care and control center within a twelve month period. The impoundment 3 -~ f~ charge will be reduced if proof is shown at the time release of the animal is requested that the dog or cat which is the impounded animal for the particular occurrence, is currently vaccinated against rabies, validly licensed, is microchipped, or has been spayed or neutered. An occurrence is defined as being the number of times that any dog or cat belonging to one (1) owner has been impounded at the animal care and control center within the preceding twelve (12) months, for whatever reason An impoundment charge for animals, other than dogs or cats, is not occurrence based. (2) A microchip implantation fee will be charged if the impounded and/or quarantined animal does not have microchip identification implanted in that animal prior to being impounded or quarantined. (3) An owner may receive a partial reimbursement of the impoundment fee upon providing proof to the Animal Care and Control Center from a vetennanan that the pet owner has stenhzed the reclaimed pet(s) wrthm thirty (30) days from the time the pet owner reclaims the pet(s) (4) A daily charge for boarding services will be based upon whether the impounded animal is a nonquarantined dog, cat or small animal or a nonquarantined animal other than the foregoing; or a quarantined animal of any kind. A 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 Manager 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 veterinarian. (6) A schedule of the current applicable fees for reclaiming impounded or quarantined animals is available for review at the Animal Care and Control Center (7) It is not a defense to prosecution of any citations that applicable impoundment, bite, boarding, vaccination, microchip or license fees have been paid. SECTION 5. Chapter 6 of the Code of the City of Fort Worth, Animals and Fowl Section 6-46 `Requirements for adoption subsection (a) shall be amended to read as follows (a) The Animal Care and Control Center may not release a dog or cat for adoption unless the animal (1) has a microchip implantation (2) has been stenhzed and (3) 4 has received rabies vaccination according to Section 6-41 or the release is made to an owner who has signed an agreement to have the animal sterilized and vaccinated. SECTION 6. 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, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7 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 8. 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 SECTION 9 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to 5 ~ .~ 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 10. 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 October 1 2004 APPROVED AS TO FORM AND LEGALITY ~, Assistant City Attorney ADOPTED. CRP200408.09v 1 newnaicrochip 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 8/31/2004 Ordinance No 16102 DATE Tuesday August 31 2004 LOG NAME 50ACCMICROCHIP REFERENCE. NO G-14480 SUBJECT Adoption of an Ordinance Amending Chapter 6 of the City Code Animals and Fowl" to Provide a Requirement for Microchipping of Animals Reclaimed from the Animal Care and Control Center 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 requirement for the microchipping of all dogs cats and ferrets adopted or reclaimed from the Animal Care and Control Center including quarantined bite animals and b A requirement that all animals declared dangerous under the rules of the ordinance be microchipped and the microchip information kept on file by the Animal Care and Control Division of the Public Health Department; and 2. Approve the attached fee schedule. DISCUSSION On January 27 2004 staff made a presentation to the City Council's Public Safety Committee In the presentation staff recommended that the -City embark on a campaign to encourage pet owners to microchip their animals in addition to the purchase and display of the city registration tag City registration tags can become lost or might never be attached to the pet's collar It is both staffs and the Animal Shelter Advisory Committee s recommendation that a microchip would provide a permanent identification for pets and offer many benefits to the City and to-the pet owner A microchip is a rice-sized device encoded with a unique identification number The microchip is embedded under the animal's skin at the back of the neck by injection The injection is safe, quick and virtually painless.. The microchip identification number can be read when a scanner is passed over the animal It is the policy of the Animal Care and Control Division to scan afl impounded animals at the shelter upon arrival and prior to euthanasia The division makes every effort to return lost pets to their owners. Microchipping adopted animals will insure that the new owners can both prove their ownership and have an extra advantage if the pet should become lost. By microchipping all reclaimed animals staff will be able to identify those animals that have been impounded previously thereby allowing staff to assess the correct impound fee. Owners' whose pets are impounded more than once pay higher fees. Staff will also be able to positively identify animals with a bite history and those deemed dangerous. Furthermore by offering microchipping at low-cost rabies vaccination and registration clinics the division can make permanent pet identification accessible to low-income families. Microchipping adopted animals T.nuname 5(lA(':(`MT('R(1('HTP Pa 1 of 7 would increase the adoption fees by $10 from $60 to $70 for dogs and from $40 to $50 for cats and ferrets. Reclamation fees will be adjusted to include a $10 credit (discount) if the animal is already microchipped or an additional charge of $10 for microchipping The price of the microchip service is based on $6 for the cost of the chip and $4 for administrative costs, which recovers indirect cost incurred by staff time for data processing and microchipping the animal The microchipping program is anticipated to start on October 1 2004 Based on the current rate of adoption and reclamation it is estimated to have 5 000 animals microchipped annually therefore generating additional revenues of $20 000 to the City This amount may be offset somewhat by discounts to the impound fees charged to owners of reclaimed pets that have already been microchipped The City Council is being asked to approve the attached revised fee schedule which has been adjusted to include microchipping discounts and fees. The Animal Shelter Advisory Committee and staff recommend approval of these recommendations FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the Public Health Department, Animal Care and Control Division will be responsible for the deposit of funds due to the City as a result of this action TO Fund/Account/Centers FROM Fund/Account/Centers GG01 464884 0504001 0.00 Submitted for City Manager's Office b~ Libby Watson (6183) Originating Department Head Daniel Reimer (7201) Additional Information Contact: Daniel Reimer (7201) ~~~ T.(lanamP. S(lA('f'TVTT(`R(1(`NTP p„tP ~ „f7