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Home My WebLink AboutOrdinance 14461ORDINANCE NO / % 7 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY DELETING PART II, "CODE", CHAPTER 6, "ANIMALS AND FOWL", ARTICLE IV, "DOG AND CAT LICENSES", SEC. 6-22, "LICENSE REQUIRED", SUBSECTION (D), "DISMISSAL", PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS• SECTION 1 That Part II, "Code", Chapter 6, "Animals and Fowl", Article IV, "Dog and Cat Licenses", Sec 6-22, "License required", subsection (d), "Dismissal" of the Code of the City of Fort Worth (1986), as amended, is hereby deleted. 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 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of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed.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 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 orchnance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, 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 Crty 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 ordinances amended m Section 1, which have accrued at the time of the effective date of this ordinance and, as to 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. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 1 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 6. Tlns ordinance shall be m full force and effect after its passage and. publication as required by law, and rt is so ordained: APPROVED AS TO FORM AND LEGALITY ~_____._ ASSISTANT TY , TTORNEY DATE / ^ 3 -O/ ADOPTED• / '1- d EFFECTIVE ~ ` City of Fort Worth, Texas ~~A~a~ Alti~ C,A1~11~'1` IC,AIlI~111~i111CA~'1Al/ DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01 ~-13120 50EDUCATION 1 of 3 SUBJECT ESTABLISH AN "EDUCATE THE OFFENDER PROGRAM" FOR THE PUBLIC HEALTH DEPARTMENT, ANIMAL CONTROL DIVISION RECOMMENDATION It is recommended that the City Council 1 Authorize the Animal Control Division of the Public Health Department to establish an °'Educate the Offender Program", and 2. Approve a $25 course fee for eligible offenders, and 3 Implement this program by approving the attached ordinances amending Chapter 6, "Animals and Fowl" of the City Code as follows. a) Delete Article IV, "Dog and -Cat Licenses", Sec. 6-22, "License required", subsection (d), "Dismissal", and b) Delete Article V, "Rabies Control", Sec. 6-41, "Rabies vaccination", subsection (f), "Dismissal of citation" DISCUSSION The mission of the Animal Control Division is to promote responsible pet ownership through education, enforcement, and legislation Responsible pet ownership is an important element in reducing the overpopulation of animals in Fort Worth In furtherance of this mission, the Animal Control Division is proposing the establishment of an education program entitled "Educate the Offender Program" This program would promote responsible pet ownership by teaching the proper care of pets, and the need to reduce pet overpopulation by emphasizing respect for one's neighbors and compliance with City animal ordinances In addition, the staff hopes that the knowledge gained by the program participants will be passed on to friends and neighbors, resulting in safer communities and a reduction of unwanted pets This program would allow an eligible offender to have a citation from a single incident dismissed for the following types of offenses. • Section 6-13 Failure to keep an animal under restraint; • Section 6-22 Failure to have a dog or cat licensed, • Section 6-41 Failure to have a dog or cat vaccinated against rabies, • Section 11A-18 Allowing the accumulation of animal feces or urine City of Fort Worth, Texas M,,A~oe and Council Commun~cAt~ion DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01 G-13120 50EDUCATION 2 of 3 SUBJECT I ESTABLISH AN "EDUCATE THE OFFENDER PROGRAM" FOR THE PUBLIC HEALTH DEPARTMENT, ANIMAL CONTROL DIVISION To be eligible, an offender's case cannot have involved a neighborhood complainant. Also, an offender would only be allowed to take the course for citation dismissal once every two years Finally, to be eligible for the course, an offender would need to present proof of compliance with the applicable law For example, a person ticketed for failure to .restrain an animal must now show the ability to keep the animal restrained A person cited for no license or no rabies vaccination must show the animal is currently licensed and/or vaccinated A person cited for accumulation of animal waste must show that the offending property has been cleaned up Staff will inspect the property for compliance. To take the course, an offender must enter an appearance in Municipal Court within 11 days of the citation, as directed on the back of the ticket. The offender would enter a plea of "not guilty" and request a trial While the case is pending, the person would have 60 days from receipt of the citation to come into compliance, pay the $25 course fee, and complete the course Upon successful course completion, the Animal Control Division would request a Municipal Court prosecutor to move for dismissal of the pending case In order to implement this educational program, the above-referenced City Code subsections should be deleted These subsections currently allow persons cited for no license and no rabies vaccination offenses to have their citations dismissed Currently, these persons have 10 days to obtain the license and/or rabies vaccination and .turn in proof to the Animal Control Division Upon receipt of this proof, Animal Control staff recommend a dismissal of the citations. The Animal Control Division anticipates offering this program on a biweekly basis beginning in mid- January 2001 This program will also be available free of charge to people who have not received a citation The Safety and Community Development Committee reviewed this program proposal on October 10, 2000, at which time they recommended it for City Council approval The committee has requested periodic updates on program implementation .. :;. ~r_ R:;~ :~%~~~ City of Fort Worth, Texas ~1-~A~or And C,aunc~4 Ca~n~nun~cAt~an DATE 1/2/01 REFERENCE NUMBER G-13120 LOG NAME 50EDUCATION PAGE 3 of 3 SUBJECT ESTABLISH AN "EDUCATE THE OFFENDER PROGRAM" FOR THE PUBLIC HEALTH DEPARTMENT, ANIMAL CONTROL DIVISION FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the Public Health Department, Animal Control Division is responsible for the collection and deposit 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) GG01 464990 0504001 APPROVED Libby Watson 6183 CITY CC3UI~C(~ Originating Department Head: JAN 2 2(!01 Letha Aycock 7201 (from) ~ .. u li`~U Additional Information Contact: . ~ , ~ of ¢h Cit S ecretary e y City o~! Fort t~l'orth, Sexes James Agyemang 3743 ~ `~.: Adopfied D~c~snance No. fyy6/ Adopted Orrt4nanCe Na, i~~~/6,2