HomeMy WebLinkAboutOrdinance 15178w
ORDINANCE NO.• !~~ 1
AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE
CITY OF FORT WORTH, "ANIMALS AND FOWL", CHANGING THE
DEFINTION OF RESTRAINT; ADDING THE DEFINITION OF
SECURELY ENCLOSED OR CONFINED; AMENDING SECTION 6-13
RESTRAINT OF 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 Control Section of
the Department of Public Health,
WHEREAS, the purpose of Chapter 6, "Animals and Fowl" of the Crty Code is to
encourage responsible pet ownership and to protect the pubic health, safety and welfare of the
city;
WHEREAS, the restraint of animals m the Crty has become a senous issue for the health
and safety of citizens,
WHEREAS, the definition of restraint needs to be clearly defined so as to promote
compliance with the City's Code;
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~''~YNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 6 of the Code of the Crty of Fort Worth, "Animals and Fowl", Section 6-1,
"Definitions" shall. be amended so that the definition of Restraint, subsection (1) shall now read
as follows
It is securely enclosed or confined to its owner's yard by a physical fence in a
manner that will isolate the animal from the public and from other animals except
for animals o~~ ned or under the' contro of the owner.
Subsection (3) shall also be amended by the deletion of the last sentence and shall now read.
It is secured by a leash of at least five (5) and not more than ten (10) feet in length
and of sufficient strength to control the animal while the animal is being walked.
SECTION 2.
Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-1,
"Definitions" shall be amended by adding the definition of "Securely Enclosed or Confined" to
read as follows
Securely Enclosed or Confined.
(1) means an area that is completely surrounded by a substantial fence or enclosure
of sufficient strength, height, construction, materials, and design as to prevent
any animal from escaping from the area, and in manner that _will isolate the
animal from the public and other animals except foranimals owned or under: the
control of the owner,
(2) Securely Enclosed or Confined does not mean enclosure or confinement by an
invisible or electronic fence.
(3)' Such fence. or enclosure shall comply with the=appropriate zoning reg`ulationsin
Article 3 section 5.304'' of this Code.
SECTION 3.
Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-13,
"Restraint of Animals" subsection (a) is amended to read as follows
(a) It shall be unlawful for an owner or person in control of an animal to fail to keep
the animal under restraint in a securely enclosed or confined area and in a
manner that will- isolate the animal from the public and other animals excepf for
animals owned or under the control of he owner.
Subsection (d) shall be added to Section 6-13 and shall read as follows
(d) It shall be unlawful for an owner or person in control of a dog or puppy to
restrain the dog or puppy by leash, tether or chain unattended in the yard of a
residence or business unless the area is securely enclosed or confined as defined
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in Section 6-1.
SECTION 4.
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 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 shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstrtutionahty 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 Crty Council without the incorporation m this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
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 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 7.
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
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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 8.
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
m 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 on (,t,97~' I `-f' ao~
APPrI~OVED AS TO FORM~ND LEGALITY
Assistant City
ADOPTED. ~~Q
EFFECTIVE ~ ~ I ~ l O
CRL20020627v5
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