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HomeMy WebLinkAboutOrdinance 14874ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF FORT WORTH, "ANIMALS AND FOWL", CHANGING THE NAME OF THE ANIMAL CONTROL DIVISION TO THE ANIMAL CARE AND CONTROL DIVISION; REFLECTING THE CHANGE IN NAME IN THE TITLE OF ANIMAL CONTROL MANAGER AND ANIMAL CONTROL ADMINISTRATOR; ELIMINATING THE FEE DIFFERENTIAL FOR THE LICENSING OF PETS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; 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, Animal Control is committed to the care of pets m the community; 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 Control Shelter is known throughout the community as the Animal Care and Control Center; WHEREAS, rt is advisable to change the name of the Animal Control Division to the Animal Care and Control Division to reflect rts purpose, WHEREAS, the City Code requires dogs and cats reclaimed from the Animal Care and Control Center to be spayed or neutered, WHEREAS, pet owners have not only failed to purchase higher pnced licenses for unspayed or unneutered pets but have also refused to vaccinate their pets against rabies, WHEREAS, only seven (7) percent of the impounded animals m the FY 2001 at the Animal Care and Control Center were reclaimed, WHEREAS, a greater impoundment fee is charged to pet owners reclaiming their unsterlized pets than those whose pets are sterilized, WHEREAS, it is recommended that pet owners be reimbursed part of their impoundment fee when a pet owner sterilizes their pet within thirty (30) days after reclaiming rt to provide an incentive for pet owners to reclaim their pets and to spay and/or neuter them. 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", is amended to reflect the change from "animal control" to "animal care and control" m the definitions of "Animal control officer" and "Designated veterinarian" SECTION 2. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-3, "Animal control section, animal control" establishing the Animal Control Division of the Department of Public Health shall be amended to be as follows Sec 6-3 Animal Care and Control Section, Animal Care and Control (a) The animal care and control section shall be a unit of the department of public health and shall be m the charge of a person having suitable qualifications and designated by the city as the animal care and control manager (b) In addition to the duties specifically prescribed m this chapter, rt shall be the responsibility of the animal care and control manager to execute such other duties under the jurisdiction of the department of public health as the director may delegate. (c) The animal care and control manager shall manage the operation of the city animal care and control center 2 SECTION 3. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-11, "Number of dogs and cats at residences" subsection (b)(1) is amended to read as follows The application shall be filed with the animal care and control division of the health department on a form provided by the city health officer SECTION 4. 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 change "animal control manager" to "animal care and control manager" Subsection (e) shall be amended to change "animal control" to "animal care and control" SECTION 5. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-24, "Revocation", subsections (a), (c), (g) and (h) are amended to change "animal control manager" and "animal control administrator" to "animal care and control manager" SECTION 6. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-25, "Collection of license fees and issuance of tags by designated vetennanans" is amended to change "animal control manager" and "animal control administrator" to "animal care and control manager" m subsections (a), (b) and (e) SECTION 7. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-26, "Supplies accounting procedure" is amended to change "animal control administrator" to "animal care and control manager" 3 SECTION 8. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-41, "Rabies vaccination" subsection (e) is amended to change "animal control section" to "animal care and control section" and subsection (f) is amended to change "animal control administrator" to "animal care and cor_trol manager" SECTION 9. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-42, "Domestic animals that exhibit rabies symptoms or reasonably indicate rabies symptoms", subsection (b)(2) is amended to change "animal control division" to "animal care and control division" SECTION 10. Chapter 6 of the Code of the Crty of Fort Worth, "Animals and Fowl", Section 6-43, "Impooundment; notice; disposition", subsections (a) and (b) are amended to change "animal control manager" to "animal care and control manager" SECTION 11 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", subsections (b) and (c)(4) are amended to change "animal control manager" to "animal care and control manager" Subsection (c)(2) as amended to be subsection (3) and subsections (3) through (6) shall be renumbered accordingly Subsection (c)(2) shall now be as follows (2) 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) SECTION 12. 4 Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-45, "Release from impoundment", subsection (a) is amended to change "animal control manager" to "animal care and control manager" SECTION 13 Chapter 6 of the Code of the Crty of Fort Worth, "Animals and Fowl", Section 6-50, "Mandatory spay/neuter of unrestrained dogs and cats", subsections (b) and (c) are amended to change "animal control manager' to "animal care and control manager" SECTION 14. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-63, "Guard Dogs", subsection (a) is amended to change "animal control manager" and "animal control administrator" to "animal care and control manager" Subsection (b) is amended to change "animal control center" to "amoral care and control center" SECTION 15. Chapter 6 of the Code of the Crty of Fort Worth, "Animals and Fowl", Section 6-77, "Compliance", subsection (b) is amended to change "animal control manager" to "animal care and control manager" SECTION 16. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Article X, Section 6-81, "Vaccination requirements" is amended to change "animal control division" to "animal care and control division" SECTION 17. Chapter 6 of the Code of the City of Fort Worth, "Animals and Fowl", Section 6-82, "Registration requirements", subsection (a) is amended to change "animal control division" to 5 "animal care and control division" SECTION 18. 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 19. It is hereby declared to be the mtenhon 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 20. 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 cnmmal, whether pending m court or not, under such ordinances, same shall riot be affected by this ordinance but may be prosecuted until final disposition by the courts. 6 This ordinance shall take effect on January 1, 2002 AS TOI AND LEGALITY Assistant City ADOPTED EFFECTIVE ~~ CRL2001126v4 City of Fort Worth, Texas ~-~A~cr~ Anil ~,aunc~l C,a1r11r1un1cAtlan DATE REFERENCE NUMBER LOG NAME PAGE 12/4/01 **G-13449 50AN I MAL 1 of 2 SUBJECT CHANGE THE NAME OF THE ANIMAL CONTROL DIVISION TO THE ANIMAL CARE AND CONTROL DIVISION, ADOPTION OF ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE "ANIMALS OF FOWL", AND ELIMINATE A FEE DIFFERENTIAL RECOMMENDATION It is recommended that the City Council 1 Approve the attached ordinance amending Chapter 6 of the City Code "Animals of Fowl" as follows • Change the name of the Animal Control Division to Animal Care and Control Division, and • Amend the ordinance by including a provision that would provide for a reimbursement of $25 to pet owners who spay or neuter their pet within the time limit defined in the reclamation contract; and 2 Approve elimination of the fee differential for licensing of sterilized and unsterilized pets, and establish one licensing fee of $7 dollars for all dogs, cats, and ferrets, and 3 Approve elimination of the fee differential for sterilized and unsterilized reclaimed pets, and establish a licensing fee of $10 00 for all reclaimed dogs, cats, and ferrets DISCUSSION The Safety and Community Development Committee reviewed the animal licensing program and approved steps to be taken to increase the number of pets licensed The fee reduction and refund are expected to assist in this effort. The committee will review the results achieved a year following implementation Name Change Staff is requesting to change the name of the Animal Control Division to the Animal Care and Control Division This name better reflects the City's commitment to the care of pets both at the animal shelter and in the community through the promotion of responsible pet ownership The City's animal shelter at 4900 Martin Street, which houses the division, is known within the City of Fort Worth as the Animal Care and Control Center Reclamation Fee The City ordinance requires dogs and cats reclaimed from the Animal Care and Control Center to be spayed or neutered, with some exceptions Pet owners reclaiming animals sign an agreement with the City promising to have the animal spayed or neutered within 30 days In FY2001, the Animal Control Division impounded 17,598 dogs and cats Of this number, 1,167 (7%) were reclaimed by their owners To reward prompt compliance with the reclaim agreement and to encourage more owners to reclaim their pets, staff is recommending that. pet owners be reimbursed $25 of the $65 impound fee This amount is equal to the $25 discount applied against the impound fee for those pet owners reclaiming already sterilized pets The pet owner will be required to provide veterinary proof of the sterilization within the 30-day period in order to receive the reimbursement. An extension of the deadline will be allowed for owners of sick or juvenile animals, upon presentation of a written request for extension from a licensed veterinarian Staff estimates that about 500 pet owners may take advantage of this program This new provision may result in a $12,500 reduction in revenue Cit3v of Fort T~'orth, Texacs n~ ~ C DATE REFERENCE NUMBER LOG NAME PAGE 12/4/01 **G-13449 50ANIMAL 2 of 2 SUBJECT CHANGE THE NAME OF THE ANIMAL CONTROL DIVISION TO THE ANIMAL CARE AND CONTROL DIVISION, ADOPTION OF ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE "ANIMALS OF FOWL", AND ELIMINATE A FEE DIFFERENTIAL Differential Licensing Fee In 1997, the City introduced a differential fee pet licensing program Dogs, cats, and ferrets that were sterilized were licensed for $7 The license fee for unsterilized dogs, cats, and ferrets was $12 Pet owners who reclaimed their lost pets were required to purchase licenses for $10 for altered pets, and $15 for unaltered pets The differential licensing program was introduced to encourage pet owners to alter their pets Unfortunately, not only have pet owners failed to purchase the higher priced licenses, it appears that some have refused to vaccinate their pets against rabies because of the higher license fees The City's bite investigation records for FY2001 indicate that only 81 (7%) of the 1,116 bites investigated involved animals that were currently vaccinated against rabies. In addition, the two-fee schedule has proved to be administratively problematic for the veterinary clinics who voluntarily sell most of the license tags The elimination of the differential licensing fee should have a positive effect on the veterinary clinics, thus encouraging the clinics to sell more City license tags Additional license sales may result in an increase in revenue of $10,000 Staff hopes that by reverting to a single licensing fee of $7, more animals will be vaccinated and licensed Additionally, staff recommends eliminating the differential licensing fee for reclaimed pets, and establishing a license fee of $10 for all reclaimed pets This fee change may result in a $500 decrease in revenue A reduction of fees, combined with the spay/neuter refund, may result in an increase in the number of animals reclaimed at the animal shelter City staff and the Animal Shelter Advisory Committee recommend the approval of the recommendations listed above FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the Public Health Department, Animal Control Division will be responsible for the collection of funds due to the City as a result of this action LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 ~' r ~, "' ~ I~ i ~~ ` ~ ~~~ ~ ~ Originating Departmentllead: . M I "'` ~ c ~ X069 Daniel Reimer 7201 (from) ~% ~ ) Additional Information Contact: ~r~`'"` c'..~St f '`•.•"~.:'Z~ti3~~ 45 $.'t43' Daniel Reimer 7201 fj: i.l is ~: ,rU sl"~ui1~f}K,:~~ ~: RYU „a~~~m,m