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HomeMy WebLinkAboutOrdinance 13537C7-29-98 AC8 4~ PN ORDINANCE NO. ~ '3 ~ 3 7 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 6, "ANIMALS AND FOWL" AS FOLLOWS: ARTICLE I., "IN GENERAL," SECTION 6-1, "DEFINITIONS" IS AMENDED IN ITS ENTIRETY TO INCLUDE DEFINITIONS AND DELETE NONESSENTIAL WORDS; ARTICLE I, "IN GENERAL"," SECTION 6-2, "PURPOSE AND SCOPE" SUBSECTION (A) (2) PROVIDNG THAT ONE OF THE PURPOSES OF THIS ORDINANCE IS TO DECREASE THE NUMBER OF UNWANTED AND STRAY DOGS AND CATS IN THE CITY;ARTICLE I., "IN GENERAL," SECTION 6-11 "NUMBER OF DOGS AND CATS AT RESIDENCE" IS AMENDED PROVIDING FOR THE CITY HEALTH OFFICER TO CODUCT ALL ASPECTS OF THE ADMINISTRATIVE APPEALS; ARTICLE III "DANGEROUS ANIMALS" CONTAINING SECTIONS 6-13.5 THROUGH 6-20.9 IS AMENDED IN ITS ENTIRETY PROVIDING FOR NEW PROCEDURES FOR DANGEROUS ANIMALS AND DANGEROUS DOGS AS AUTHORIZED BY THE HEALTH AND SAFETY CODE; ARTICLE IV "DOG AND CAT LICENSES" SECTION 6-22 ";, "LICENSE REQUIRED" IS AMENDED BY THE DELETION OF SUBSECTION (B); ARTICLE IV. "DOG AND CAT LICENSES" SECTION 6-23 "LICENSE APPLICATION; FEE" SUBSECTION (A) AND (D) ARE AMENDED TO INCLUDE ANIMAL CONTROL MANAGER, ARTICLE IV., "DOG AND CAT LICENSES" SECTION 6-24 "REVOCATION" SUBSECTION (C) IS AMENDED TO PROVIDE THAT IF A PERSON FAILS TO COMPLY WITH THE LICENSES REQUIREMENTS AND THE TAG IS REVOKED, THE OWNER MUST SURRENDER THE TAG TO THE ANIMAL CONTROL MANAGER; ARTICLE IV., "DOG AND CAT LICENSES", SECTION 6-25 "COLLECTION OF LICENSE FEES AND ISSUANCE OF TAGS BY DESIGNATED VETERINARIANS" SUBSECTION (B) IS AMENDED TO INCLUDE A DESIGNATED VETERINARIAN APPLICATION ; ARTICLE V "RABIES CONTROL" SECTION 6-42 "ANIMALS THAT EXHIBIT RABIES SYMPTOMS; BITE, SCRATCH; QUARANTINE" IS AMENDED TO INCLUDE QUARANTINE PROCEDURES FOR DOGS, CATS AND FERRETS, HOME QUARANTINE AND QUARANTINE PROCEDURES FOR HIGH AND LOW RISK ANIMALS; ARTICLE VI., "ANIMAL CONTROL IMPOUNDMENT; FEES" SECTION 6-43 "IMPOUNDMENT, NOTICE, DISPOSITION" IS AMENDED BY THE DELETION OF SUBSECTION (A) (3) AND FERRETS ARE INCLUDED AS AN ANIMAL WHICH CAN BE IMPOUNDED FOR NOT WEARING A CITY TAG; ARTICLE VI., "ANIMAL Page 1 of 34 CONTROL IMPOUNDMENT; FEES" SECTION 6-44 "TIME, FEES, IMPOUNDMENT; BITE; BOARDING; VACCINATION AND LICENSE" IS AMENDED PROVIDING FOR OWNERS WHO RECLAIM AN ANIMAL TO PRESENT PHOTO IDENTIFICATION FOR THE CITY TO COPY AND THAT PROHIBITED ANIMALS WILL BE EUTHANIZED IF THE OWNER DOES NOT SIGN AN AGREEMENT WITH THE CITY AND PAY ALL APPLICABLE FEES IN ITS ENTIRETY; ARTICLE VI. "ANIMAL CONTROL IMPOUNDMENT; FEES" SECTION 6-45 "RELEASE FROM IMPOUNDMENT" SUBSECTION (C) IS AMENDED BY THE DELETION OF THE TERMS AND DEFINTIONS OF "MEDICAL PURPOSES" AND "A MEDICAL SCHOOL" AND SUBSECTION (D}; ARTICLE VII., "DOG AND CAT STERILIZATION; ADOPTIONS" IS RENAMED AS "ADOPTIONS AND STERILIZATION FOR ADOPTED DOGS AND CATS; MANDATORY STERLIZATION FOR UNRESTRAINED DOGS AND CATS"; ARTICLE VIL, "DOG AND CAT STERILIZATION; ADOPTIONS" SECTION 6-46 "REQUIREMENTS FOR ADOPTION" IS AMENDED PROVIDING THAT THE DEFINITION OF "ADOPTION" IS DELETED AND MAKING IT A CLASS C MISDEMEANOR FOR AN OWNER WHO HAS SIGNED A STERILZATION AGREEMENT TO FAIL TO STERILIZE THE ANIMAL BY THE DATE OF THE AGREEMEN; ARTICLE VIL, "DOG AND CAT STERILZATION; ADOPTIONS" SECTION 6-47 "CONFIRMATION OF STERILIZATION, DEATH OR LOST OR STOLEN ANIMAL" IS AMENDED BY RENAIMING THE SECTION AND PROVIDING FOR TERMS FOR CONFIRMATION IF THE ANIMAL IS LOST OR STOLEN; ARTICLE VII. "DOG AND CAT STERILIZATION; ADOPTIONS" SECTION 6-48 "NON COMPLIANCE WITH STERILIZATION AGREEMENT; ANIMAL CARE AND CONTROL CENTER RIGHT OF RECLAMATION" IS AMENDED BY THE DELETION OF SUBSECTION (B) AND BY AMENDING SUBSECTION (A) BY LISTING THE CIRCUMSTANCES WHEN THE ANIMAL CARE AND CONTROL CENTER MAY RECLAIM AN ADOPTED ANIMAL FROM THE NEW OWNER; ARTICLE VIII. "CARE AND HUMANE TREATMENT OF ANIMALS" SECTION 6-62 "KEEPING OF CERTAIN ANIMALS PROHIBITED" SUBSECTION (A) TO INCLUDE DANGEROUS ANIMALS; ARTICLE X "MINIATURE SWINE" SECTION 6-80 "MINIATURE SWINE GENERALLY" PROVIDING A MAXIMUM OF 2 MINIATURE SWINE PER HOUSEHOLD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE,, AND PROVIDING AN EFFECTIVE DATE. Page 2 of 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 6, "Animals and Fowl," Article I, "In General," Section 6-1, "Defimtions," is revised m its entirety to include new definitions and delete nonessential words and shall hereafter read as follows. Sec.6-1 Definitions. As used in this chapter, the following words shall have the meanings ascribed to them m this section. Adoption of a dog or cat means the release of the animal from the care, custody, control or ownership of the Animal Care and Control Center to a person who agrees to assume ownership responsibilities for the care of that animal as defined in this chapter Aggressive animal. Any animal which, when unprovoked chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack such that a reasonable person would believe the animal would cause physical injury to the person. Animal. Any hvmg, vertebrate creature, domestic or wild, other than homo sapiens. Ammal Care and Control Center Center operated by City of Fort Worth. Animal control authority A municipal ammal control office with authority over the area where the dog is kept. Animal Care and Control Center Any facility operated or designated by the city for the purpose of impounding and caring for animals as prescribed by law Animal control officer The ammal control manager and hislher authorized agents or employees of the animal control division. Page 3 of 34 Animal establishment: Any pet shop, kennel, grooming shop, auction, performing animal exhibition, flea market, or other facility engaged m the handling of domestic animals, excluding veterinary clinics, hospitals, animal shelters and individuals caring for animals m their private residence m compliance with the terms of this chapter Animal Shelter means a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals. Applicable fees are those reasonable charges incurred for the care and maintenance provided by the Animal Care and Control Center for impounded animals. At large or running at large. Any animal not kept under restraint. Bodily in~ury• means physical pain, illness, or any impairment of physical condition. Cat: A commonly domesticated member of the Fehdae (feline) family, other than a lion, tiger, bobcat, jaguar, panther, leopard, cougar or other prohibited animal. Cat hcense• A legally granted privilege, upon compliance with the terms of this chapter, to own, keep, harbor, or have custody or control of a cat within the city Cat hcense tag: A metal tag authorized by the city for attachment to a cat collar which displays a sepal number corresponding to the number of cat hcense for such animal, and which shows the year the hcense was issued by the city or a designated veterinarian. Circus A commercial variety show featuring animal acts for public entertainment. Crty• The City of Fort Worth. City Health Officer The director of public health for the city, or his/her designated representatives. Dangerous animal An animal, other than a dog, that: (1) makes an unprovoked attack on a person or other animal that causes bodily m~ury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, or (2) commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to Page 4 of 34 prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Dangerous dog: A dog that: (1) makes an unprovoked attack on a person or other animal that causes bodily m~ury and occurs m a place other than an enclosure m which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, or (2) commits unprovoked acts m a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Designated veterinarian. A licensed vetennanan who has been approved by the city animal control manager to collect fees and issue cat license tags or dog license tags for animals upon proof of an owner's current rabies vaccination for that animal. Dog• A commonly domesticated member of the Canidae (canine) family, other than a wolf, jackal, fox, dingo, coyote, or other prohibited canines. Dog license A legally granted privilege, upon compliance with the terms of this chapter, to own, keep, harbor or have custody or control of a dog within the city Dog license tag: A metal tag authorized by the city for attachment to a dog collar which displays a serial number corresponding to the number of dog license for such animal, and which shows the year the license was issued by the city or a designated vetennanan. Domestic animal. Includes livestock, caged or penned fowl other than animals belonging to the class aves, order Falcomforms and subdivision Raptae, normal household pets, such as but~not limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles or nonpoisonous snakes. Emu. A fowl of the Order of Struthiomforme. Ferret license A legally granted privilege, upon compliance with the terms of this chapter, to own, keep, harbor, or have custody or control of a ferret within the city Ferret license tag: A metal tag authorized by the city for attachment to a ferret collar which displays a sepal number corresponding to the number Page 5 of 34 of ferret license for such animal, and which shows the year the license was issued by the city or a designated veterinarian. Fowl. Any bird. Guard dog• Any dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Art. 4413(29bb), V T C S , as amended from time to time. High risk animals. Animals which have a high probability of transmitting rabies, including but not limited to skunks, bats, foxes, coyotes and raccoons. Impound. To take an animal into custody by the city; impoundment shall begin at the time any animal control officer or police officer takes control of an animal either by hand, rope, trap, projectile or confinement to a vehicle. Institution of higher education. Has the meaning as defined by Section 61 003(8) of the Education Code, V T C.A., as amended from lime to time. Intact animal. An animal which is sold without a spaylneuter contract. Kennel. Any premises m which four (4) or more dogs three (3) months of age or older are kept; or where the business of buying, selling, breeding, grooming, training or boarding of dogs is conducted, does not include veterinary hospitals or humane societies. Licensed veterinarian. A human being authorized to practice veterinary medicine who is currently licensed by the Texas State Board of Veterinary Medical Examiners. Livestock. means an animal raised for human consumption or an equine animal including, but not limited to, a horse, stallion, mare, gelding, filly, colt, mule, horny, hack, rennet, hog, sheep, goat, a head of any species of cattle, or an emu, ostrich or rhea. Livestock dog: A dog which is used for agrarian purposes m the herding and/or guarding of livestock. Local rabies control authority means the officer designated by the city under the Health and Safety Code §826 017 or his or her designee. Page 6 of 34 Low risk animals Animals which have a low probability of transmitting rabies, including but not limited to all animals of the orders Marsupiaha, Insectivora, Rodentia, Lagomorpha and Xenarthra. Miniature swore Any member of the swore family which has, through selective breeding, been genetically manipulated so as to attain a maximum height of eighteen (18) inches at the shoulder and a maximum weight of sixty (60) pounds. Ostrich. A fowl of the Order of Struthiomforme. Owner Any person who owns, keeps, shelters, maintains, feeds, harbors or has temporary or permanent custody of a domestic or prohibited amoral, or who knowingly permits a domestic or prohibited animal to remain on or about any premises occupied by that person over which that person has control. An animal shall be deemed to be owned by a person who harbored it, fed rt or sheltered rt for three (3) consecutive days or more. Person. means an individual, association, partnership, corporation, trust, estate, point-stock company, or foundation. Pet: Any animal kept for pleasure rather than utility Pet shop A commercial enterprise regularly engaged m the bu}nng, selling, grooming, breeding or boarding of animals. Places of public assembly Any place where people congregate, such as public buildings, parks, schools, flea markets and recreations areas, does not include a private residence, residential or commercial street. Prohibited animal. (1) Any animal not normally born and raised m captivity, including but not limited to the following: a. Class Reptiha. Family Helodermatidae (venomous lizards) and Family Hydrophiidae (Venomous Marine snakes); Family Viperidae (rattlesnakes, pit vipers and true vipers); Family Elapidae (coral snakes, cobras, and mambas); Family Columbridae-Disphohdus Typus (boomslang); Bioga Dendrophiha (mangrove snake) and Kirklandii (twig snake only), Order Crocodilia (such as crocodiles and alligators), b Class Aves Order Falcomforms (such as hawks, eagles, falcons and vultures), c. Class Mammalia. Order Carnivores, Page 7 of 34 1 Family Fehdea (such as lions, tigers, bobcats, jaguars, leopards and cougars), except commonly domesticated cats, 2. Family Camdae (such as wolves, dingos, coyotes, foxes and jackals), and any hybrid of an animal fisted m his section except commonly domesticated dogs, 3 Family Mustehda (such as weasels, skunks, martins, minks, badgers and otters) except ferrets, 4 Family Procyomdae (such as raccoons and coati); 5 Family Ursidae (such as bears), 6 Marsupiaha (such as kangaroos, opossums, koala bears, wallabys, bandicoots, and wombats); 7 Chiroperta (bats), 8 Edentata (such as sloths, anteaters, and armadillo); 9 Probosidea (elephants}, 10 Primata (such as monkeys, chimpanzees, orangutans, and gorillas), 11 Rodentia (such as beavers and porcupines); and 12 Ungulata (such as antelope, deer, bison and camels), d. Class Amphibi. Poisonous frogs. Does not include non Poisonous Reptiles or Non Poisonous Snakes (2) Does not include livestock, fowl or normal household pets, such as but not limned to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils, rabbits, fish or small, nonpoisonous reptiles, or nonpoisonous snakes. Public nuisance• Whatever is declared by the city health officer to be dangerous to human fife, health or welfare, or to threaten to become detrimental to the public health or welfare. Quarantine• To take into custody and place in confinement as defined in this chapter isolated from human beings and other animals in such a way as to preclude the possibility of disease transmission. The quarantine period for a dog, cat, or a domestic ferret m rabies quarantine is ten (10) days from the date of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the Texas Department of Health. Rabies. means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. Releasing agency Animal Care and Control Center, animal shelter, or nonprofit organization engaged m caring for animals. Page 8 of 34 Replacement license• A license issued to the new owner of a dog or cat which was currently licensed with the city at the time of the transfer of the ownership of the animal. A replacement license shall be valid only through the expiration date of the original license. Restraint: An animal is under restraint under the following conditions. (1) It is securely caged or confined to its owner's home or yard, or (2) It ~s accompanied by its owner or trainer at a bona fide dog show, field teal or exhibrhon, or (3) It is secured by a leash of at least five (5) and not more than ten (10) feet m length and of sufficient strength to control the animal while the animal is being walked. A longer chain or cable device may be used to secure an animal m a yard as long as the animal may not travel out of the yard while so restrained, or (4) A specially framed dog that is used by a blind or deaf individual to aid him/her within the city; or (5) A guard dog in the performance of duty in an enclosed building or securely fenced and locked area which is marked on all sides with signs in four-inch letters stating "Guard Dog" and clearly visible to the public, or (6) A dog in a place of public assembly and effectively and securely muzzled in order to prevent the dog from biting. (7) A cat on the boundaries of the premises of the person who has charge, care or ownership of the cat. Rhea. A fowl of the Order of Rheiforme. Sanrtary• Any condition of good order and cleanliness which discourages and limits disease transmission. Secure enclosure. A fence or structure of at least six (6) feet m height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous animal in conjunction with other measures which maybe taken by the owner Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal(s) from escaping from the enclosure. The enclosure shall be posted with signs on all sides in four- mch letters warning of the presence of a dangerous animal and shall include a symbol of a dangerous animal understandable by young children. Serious bodily in~ury• means an m~ury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a Page 9 of 34 reasonable prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Sporting dog: A dog which is used for recreational purposes in the hunting and/or tracking of game. Sterilization. Surgical removal of the reproductive organs of a dog or cat to render the animal unable to reproduce. Stray means an animal which is roaming with no physical restraint beyond the premises of an animal's owner or keeper Unprovoked attack by a dog: An incident m which a dog which attacked a human being or an animal was not hit, kicked, or struck by a human being with any object or part of a human being's body, nor was any part of the dog's body pulled, pinched, or squeezed by a human being, nor was the dog taunted or teased by any human being, nor was the human being in the dog's territory on the property of the dog's owner at the time of the attack. Vaccinated animal Unless otherwise indicated, an animal vaccinated against rabies within the past twelve (12) months by a licensed veterinarian. Vaccination certificate: The certificate issued by a licensed veterinarian on a form approved by the Texas Department of Health for presentation to the animal control, section as a condition precedent to the granting of a dog or cat license and showing on its face that, at the time of such presentation, the dog or cat covered thereby has been vaccinated for rabies. Veterinary hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and m~unes to animals. Vis ma~or• A loss that results immediately from a natural cause without the intervention of persons, and which could not have been prevented by the exercise of prudence, diligence, and care. Working dog• A dog which rs. (a) Registered as a guard dog under this chapter; (b) Under the control of a person working as a law enforcement officer or commissioned security officer; or (c) An assistance dog as defined under § 121 002 of the Texas Human Resources Code. Page 10 of 34 Zoological park: Any permanent collection of hying animals for public display, other than a pet shop or kennel, displaying or exhibrtmg one (1) or more species of animals." Further, Section 6-2 "Purpose and Scope" subsection (a) (2) shall be amended to read as follows "(a) (2) To decrease the number of unwanted and stray dogs and cats in the city;" Further, Section 6-11 "Number of dogs and cats at residences is amended to provide for the City Health Officer conduct all aspects of the administrative appeals and shall hereafter read as follows Sec 6-11 Number of dogs and cats at residences. (a) Except as provided by this section, no residence within the city shall house more than three (3) dogs and three (3) cats over the age of eight (8) weeks. (b) A person may file an application for an administrative hearing for a permit to keep dogs and/or cats in excess of the number allowed in subsection (a) The applicant shall pay an application fee at the time of filing m an amount established by the city council. (1) The application shall be filed with the ammal control division of the health department on a form provided by the city health officer (2) At a minimum, the application form shall require the applicant's name, address, and telephone numbers; the number, gender (including spay/neuter status), size, and species of dogs and cats currently housed at the address and their city registration numbers, the number of dogs and/or cats the applicant wants to keep at the address, and information on the type and size of the residence, the area where the ammals will be kept, and the distance that such area is from abutting residences. (3) The application form shall also contain forms and instructions for providing notice of the application and hearing to the occupants and/or owners of abutting residences. The applicant shall notify said persons no later than ten (10) days prior to the date set for the hearing. Page 11 of 34 (c) A heanng on the application will be conducted by the city health officer (1) At the heanng, the applicant shall have the burden of proof to establish that the applicant will be able to properly care for the number of dogs and/or cats requested, without the animals creating noise or odor nuisances or otherwise being detrimental to the public health. (2) The applicant shall provide proof to the city health officer that all persons required to be notified of the application and heanng were served with notice either in person or by certified mail, return receipt requested. (3) Each of the persons required to be notified of the application and heanng shall be given an opportunity to testify at the heanng either m favor of or m opposition to the application. (d) At the conclusion of the heanng, the city health officer shall either approve the application, modify the application, or deny the application. (e) The city health officer may deny the application if the applicant: (1) Has not met the burden of proof established in (c)(1), (2) Has within the preceding twenty-four (24) months been cited for violating this chapter, maintaining animal nuisance complaints, or been charged with violating state laws regulating the care of animals, (3) Has not properly vaccinated and licensed all dogs and cats at the residence in accordance with this chapter; or (4) Has not spayed/neutered all dogs and cats at the residence in excess of three (3) dogs and three (3) cats. (f) If the city health officer determines that the applicant will not be able to care for the number of animals requested without the creation of noise or odor nuisances or without being otherwise detrimental to the public health, the city health officer may modify the application and approve the keeping of, more than three (3) dogs and/or more than three (3) cats, but fewer than the number requested in the application. (g) A permit issued under this section shall be valid for an open-ended term, but shall be subject to revocation for violation of its conditions. The permit shall specify the number of dogs and/or cats the permittee shall be able to keep, and shall not be specific to individual animals. The permit shall remain valid if the permittee moves and properly notifies the city health officer of the change of residence. (h) A permit issued under this section is subject to the following conditions (1) A permrttee shall notify the city health officer, m writing, prior to changing residences, Page 12 of 34 (2) A permittee shall keep all dogs and cats housed at permittee's residence vaccinated and registered m accordance with this chapter; (3) A permittee shall not keep more than three (3) dogs andlor three (3) cats which have not been spayed or neutered. (4) A permrttee shall not maintain any animal odor or noise nuisances at the residence; (5) A permrttee shall keep his/her dogs andlor cats under restraint at all times m accordance with this chapter; (6) A permittee shall cooperate with the city should any of the animals be involved in a bite, and shall follow all rabies quarantine procedures as outlined by the Rabies Control Act, Title 25, Chapter 169 of the Texas Administrative Code, and this chapter If the animal control authority determines that any of the permittee's dogs is a dangerous dog, such determination shall subject the permit to revocation, (7) A permrttee shall comply with all applicable distance regulations for the keeping of animals under city code; and (8) Any other reasonable conditions placed upon the permit by the city health officer (i) The city health officer may set a hearing if the city health officer determines that grounds exist to revoke a permit issued under this section. (1) Written nonce shall be served on the permittee in person or by registered mail at least ten (10) days prior to the hearing. The notice shall specify the date, time, and place of the hearing, as well as any allegations of permit condition violations. (2) Notice that is mailed shall be deemed received five (5} days after it zs placed in a mail receptacle of the United States Postal Service. (3) No decision maybe rendered at a heanng by reason of the permittee's failure to appear unless proof of actual service is shown. (4) A decision to revoke a permit shall be based on a preponderance of the evidence. The city shall have the burden of proof. At the conclusion of the hearing the city health officer shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay (j) At application and revocation hearings, the following shall apply (1) The city health officer shall be empowered to administer oaths, to promulgate procedural rules for the conduct of the hearing and shall act as the hearing officer Page 13 of 34 (2) A hearing under this section shall exhaust all administrative remedies of the apphcant/permnttee. (3) Whenever any deadline specified m this section falls upon a Saturday, Sunday, or a city-recognized holiday, the deadline shall be the next regular city business day " Further, Article III. "DANAGEROUS ANIMALS" ns amended m its entirety providing for new procedures for dangerous animals and dangerous dogs as authorized by the Health and Safety Code and shall hereafter read as follows. "ARTICLE III. DANGEROUS AI\IIMALS DIVISION 1 DANGEROUS ANIMALS OTHER THAN A DOG Sec 6-13 5 Nuisance declared. It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous animal other than a dog in the city unless the owner complies with the requirements of this article. Sec. 6-14 Fording of an animal, other than a dog, as "dangerous." (a) A person learns that the person ns the owner of a dangerous animal when. (1) the owner knows of an attack as described m section 6-1, definition of "dangerous animal", or (2) the owner ns informed by the animal control authority that the animal ns a dangerous animal. (b) If a person reports an incident described nn section 6-1, definition of "dangerous animal," the animal control authority may mvestngate the mcndent. If, after recenvmg the sworn statements of any witnesses, the animal control authority determnnes that the animal is a dangerous animal, nt shall notnfy the owner of that fact. (c) An owner, not later than the 15th day after the date the owner ns notnfied that an animal owned by the owner ns a dangerous animal, may appeal the deterinnnatnon of the animal control authority to munncnpal court. An owner may appeal the decnsnon of munncipal court m the same manner as other appeals from municnpal court. Sec 6-15 Requrrements for owner of dangerous animal other than a dog. Page 14 of 34 Not later than the thirtieth day after a person learns that the person is the owner of a dangerous animal, the person shall. (1) register the dangerous animal with the city animal control authority; (2) restrain the dangerous animal at all times on a leash m the immediate control of a person or m a secure enclosure as described m section 6-l, "Secure enclosure", (3) further secure the dangerous animal with a muzzle in a manner that will not cause m~ury to the animal nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous animal is taken off the property of the owner for any reason, (4) obtain h.abihty insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000 00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the city animal control authority; (5) provide the dangerous animal with a fluorescent yellow collar visible at fifty (50) feet m normal day fight so that the animal can be identified, and (6) spay or neuter the dangerous animal. Sec 6-16 Failure to comply with requirements. If the owner of an animal determined to be dangerous under this article fails or refuses to comply with all the requirements specified m section 6- 15, the animal shall be seized by the animal control authority and euthanized by the animal control authority or its authorized agent or a licensed veterinarian. Sec. 6-17 Registration of a dangerous animal other than a dog. (a) The city animal control authority shall annually register a dangerous animal if the owner presents proof of: (1) liability insurance or financial responsibility as required m section 6-15, (2) current rabies vaccination of the dangerous animal if such vaccination is available for the species; (3) the secure enclosure in which the animal will be kept; and (4) payment of an annual registration fee of fifty dollars ($50 00) to the City Animal Control Division. (b) The animal control authority shall provide to the owner registering a dangerous animal a registration tag. The owner must place and maintain the tag on the animal's collar (c) The owner of a dangerous animal shall notify the animal control authority within twenty-four (24) hours if the dangerous animal is Page 1 S of 34 at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away If the animal has been sold or given away, the former owner shall provide the animal control office with the name, address, and telephone number of the new owner If the new owner's address is m the city or if the animal is kept m the city, the animal control authority shall notify the new owner by certified mail, return receipt requested, or in person that the animal has been determined to be a dangerous animal and provide the new owner a copy of the requirements contained in article III. The new owner must be given notice to comply with the requirements for owners of dangerous animals, if the animal is physically located for any time within the czty It shall be unlawful for new owners to fail to comply with any requirement of sections 6-15 and 6-16 The same reporting requirements are imposed on any and all subsequent owners of the dangerous animal. Sec 6-18 Attack by dangerous animal other than a dog. (a) A person commits an offense if the person is the owner of a dangerous animal other than a dog and the animal makes an unprovoked attack on a person or another animal outside the animal's enclosure and causes bodily damage to the person or other animal. (b) An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in wlvch event the offense is a class A misdemeanor (c) If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed by an animal control authority or licensed veterinarian. (d) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000 00) The city attorney may file suit m a court of competent jurisdiction to collect the penalty Penalties collected under this subsection shall be retained by the city Sec.6-19 Violations. (a) A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with section 6-15 (b) Violation of any section under this division is punishable by a fine not to exceed two thousand dollars ($2,000 00). Sec.6-20 Defense. Page 16 of 34 It is a defense to prosecution under section 6-18 or section 6-19 that the person is a vetennanan, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals, and that the person has temporary ownership, custody or control of the animal, provided, however, that for any person to claim under this section, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal. Page 17 of 34 DIVISION 2. DANGEROUS DOGS Sec. 6-20 1 Nuisance declared. It is hereby declared to be a public nuisance that an owner or other person harbors, keeps, or maintains a dangerous dog in the city unless the owner complies with the requirements of this section, and state statutes regulating dangerous dogs. Sec. 6-20.2. Dangerous dog investigation The animals control authonty or his or her designee shall investigate all reports of attacks by dogs. The animal control authonty shall accept sworn statements from all victims and witnesses to the attack. Section 6-20.3 Reporting of Incident. The following section is adopted pursuant to Section 822.0422 of the Health and Safety Code. (a) A person may report an incident described in Section 6-20 4 to the municipal court through the animal control authonty The owner of the dog shall deliver the dog to the animal control authonty not later than the fifth (5th) day after the date on which the owner receives nonce that a report has been filed in municipal court. (b) If the owner fails to deliver the dog as required by Subsection (a), the court shall order the animal control authority or his or her designee to seize the dog and the court shall issue a warrant authonzmg the seizure. The animal control authonty or his or her designee shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog. The owner shall pay any cost incurred m seizing the dog. The court shall determine, after notice and heanng as provided in Section 6-20 5, whether the dog is a dangerous dog. Section 6-20 4 Dangerous Dog Incident. A dangerous dog incident means an incident in which the dog: (a) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, or (b) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Page 18 of 34 Section 6-20 5 Hearing for Dangerous Dog Determination. (a) The court, on receiving a report of an incident under Section 6- 20.3 shall set a time for a hearing to determine whether the dog is a dangerous dog. The heanng must be held not later than the 10th day after the date on which the dog is seized or delivered. (b) The court shall give written notice of the time and place of the heanng to (1) the owner of the dog or the person from whom the dog was seized, (2) the person who made the complaint; and (3) any witness. (c) Any interest party, including the city attorney, is entitled to present evidence at the heanng. (d) An owner or person filing the action may appeal the decision of the municipal court m the manner provided for the appeal of cases from the municipal court. Section 6-20 6 Requirements for Owners of Dangerous Dog (a) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall. (1) register the dangerous dog with the animal control authority for the city; (2) restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; (3) obtain habilrty insurance coverage or show financial responsibility m an amount of at least one hundred thousand dollars ($100,000 00) to cover damages resulting from an attack by the dangerous dog causing, bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the city animal control authority (4) secure the dangerous dog with a muzzle m a manner that will not cause m~ury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous dog is taken off the property of the owner for any reason, (5) provide the dangerous animal with a fluorescent yellow collar visible at fifty (50) feet m normal day light so that the animal can be identified, and (6) spay or neuter the dangerous animal. (b) The owner of a dangerous dog who does not comply with Subsection (a) shall deliver the dog to the animal control authority Page 19 of 34 not later than the 30th day after the owner learns that the dog is dangerous. (c) If, on application of any person, a municipal court finds after notice and hearing ,that the owner of a dangerous dog has failed to comply with Subsection (a) or (b), the court shall order the animal control authority or his or her designee to seize the dog and shall issue a warrant authorizing the seizure. The authority or lus or her designee shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions. (d) The owner shall pay any cost or fee assessed by the municipality related to the seizure, impoundment, and destruction of the dog. (e) The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with Subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority The court shall order the authority to return the dog to the owner if the owner complies with Subsection (a) before the l lth day after the date on which the dog is seized or delivered to the authority Sec 6-20 7 Dangerous dog registration. The animal control authority shall register all dangerous dogs as provided for by state law In addition to the requirements of state law, m 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. Sec 6-20 8 Defenses. (a) It is a defense to prosecution under this division that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog; provided, however, that for any person to claim a defense m this section, that person must be acting within the course and scope of his or her official duties as regards to the dangerous dog. (b) It is a defense to prosecution under this division that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes, provided, however, that for any person to claim under any defense in this section, that person must be acting within the course and scope of his official duties as regards the dangerous dog. Page 20 of 34 (c) It is a defense to prosecution under this division that the dog at issue is a trained guard dog m the performance of official duties while confined or under the control of its handler Sec. 6-20 9 Violations. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this division. (b) An offense under this section _is punishable by a fine not to exceed two thousand dollars ($2,000 00)." Further, section 6-22 "License required" is hereby amended by the deletion of subsection (b) Further, Section 6-23 "License application, fee" subsection (a) is hereby amended to read as follows "(a) Written application for a license and payment of the applicable license fee shall be made to the ammal control manager, to the Humane Society of North Texas, or to a designated veterinarian." Further, Section 6-23 "License application, fee" subsection (d) is hereby amended to read as follows "(d) Upon acceptance of a license application, a City of Fort Worth combined license/rabies tag shall be issued, which shall bear an identifying number for the animal and the year of issuance. The animal control manager is authorized to have the name, address, and phone number of the issuing designated veterinarian or Humane Society of North Texas imprinted on one side of the tag." Further Section 6-24 "Revocation" subsection (c) is hereby amended to include that if a license is revoked, the tag must be immediately surrendered to the ammal control manager and shall hereafter read as follows. Page 21 of 34 " (c) Any person whose license for a dog or cat is revoked may, within fifteen (15) days from the date the letter m subsection (b) above was deposited m the mail, make a showing of compliance or correction to the animal control manager and have the license reinstated. If a person fails to provide satisfactory proof of compliance or correction to the animal control manager within the fifteen (15) days, the owner must immediately surrender the license tag or permanent registration tag for that animal to the animal control manager " Further, section 6-25 "Collection of license fees and issuance of tags by designated veterinarians" subsection (b) is amended to include a veterinarian designation application and shall hereafter read as follows. "(b) The veterinarian designation application shall be on a form prescribed by the animal control manager, shall be signed by the veterinarian applying for designation, and shall have the force and effect of a contract. The agreement shall be valid only for the calendar year and shall expire on December 31st." Further Section 6-42 "Animals that exhibit rabies symptoms, bite, scratch, quarantine" is renamed "Domestic Animals that exhibit rabies symptoms or reasonably indicate rabies symptoms" and is amended to include quarantine procedures for ferrets, home quarantine, high and low risk animals and shall hereafter read as follows. "(a) When a domestic dog, cat or ferret which has rabies or symptoms which could reasonably indicate rabies, or that bites, scratches or otherwise creates a condition which may expose or transmit to any human being or animal shall be immediately impounded as provided m section 6-43 and shall be held m quarantine m the city a minimum period often (10) days for a dog, cat or domestic ferret from the date of the bite, scratch or when the condition which may have exposed or transmitted the rabies virus to a human being occurred, or longer as the local rabies control authority may deem necessary Such quarantine will be subject to the following conditions. Page 22 of 34 (1) An unvaccinated dog, cat or domestic ferret should not be vaccinated against rabies during the ten (10) day observation penod. (2) The animals must be observed twice daily for rabies symptoms during the observation period. (3) If an animal control officer is able to notify the owner of the subject animal, the owner may exercise the option to quarantine the subject animal within twenty-four (24) hours of notification and with the approval of the local rabies control authority, m a Texas Department of Health approved facility including a licensed veterinarian's clinic m the city which has the facilities for isolation cages, the Animal Care and Control Center, other approved sites designated and approved by the local rabies control authority or m a home quarantine as provided m Section (b) (b) Home Quarantine (1) The owner or custodian of the dog, cat or ferret may request permission from the local rabies control authority to place the animal m home quarantine if the following criteria can be met: (A) Secure facilities must be available at the home of the animal's owner or custodian, and must be approved by the local rabies control authority; (B) The animal is currently vaccinated against rabies, (C) The animal was wearing a current vaccination and license tag at the time of the incident; (D) The animal bit person who hues at the same residence as the animal, and (E) The animal has not been quarantined for a previous bite incident. (2) The local rabies authority or a licensed veterinarian must observe the dog, cat or domestic ferret at least on the first and eighth day of the quarantine penod and only a licensed veterinarian must observe the animal on the tenth day of the quarantine penod. If the owner chooses that the local rabies control authority observe the animal on the first and eighth day for a dog, cat or domestic ferret, a fee will be charged by the Animal Control Division according to a fee schedule approved by City Council. If the animal becomes ill during the quarantine penod, the person which has possession of the animal must notify the local rabies control authority immediately (3) At the end of the quarantine period ,the animal shall only be released from quarantine by a letter written by a licensed veterinanan authorizing release. Page 23 of 34 (c) If the animal, whether owned or unowned, is a high nsk animal, which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to a human being or another animal rt shall be euthanized and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (d) If the animal is a low nsk animal, which was cage-raised, which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to a human being neither quarantine nor rabies test will be required unless the local rabies control authority has cause to believe the animal is xabid, m which case it should be humanely killed and tested for rabies. (e) A domestic animal which has bitten a human and has been designated by the local rabies control authority as unclaimed may be humanely killed m such a manner that the brain is not mutilated. The head shall be submitted to the Texas State Department of Health laboratory for rabies diagnosis. (f) The local rabies control authority may require an animal which has inflicted multiple bite wounds, punctures, or lacerations to the face, head, or neck of a human being to be humanely killed and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (g) Any animal required to be quarantined under this section which in the determination of the local rabies control authority cannot be or is not being maintained m a secure quarantine, shall be humanely killed and its head submitted to the Texas Department of Health laboratory for rabies diagnosis. (h) If the animal is not included in subsection (a), (c), (d), (e) or (f) of this section, the b~tmg animal will be humanly killed and the brain tested for rabies or the local rabies control authority may require the animal to be confined fora 30-day observation period at a licensed veterinarian's animal clinic or the Animal Care and Control Center Home quarantine described in subsection (b) does not apply m this subsection (i) The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or aminal, or that the owner knows or suspects to be rabid or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, shall submit such animal for quarantine to the local rabies control authority or any police officer If the animal dies prior to its quarantine, the owner shall submit the animal to the Animal Care and Control Center for rabies diagnosis. (j) Any person who has knowledge of any animal that exhibits symptoms of, or has been exposed to rabies, or of any animal Page 24 of 34 which has bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, shall immediately report the incident to the local rabies control authority The report shall include the name and address of the victim and owner of the animal, of known, and any other information he/she has relating to the incident or animal. (k) Every veterinarian or other person who ns called to examine or professionally attend any annmal with rabnes or any other reportable communncable disease shall wnthm twenty-four (24) hours thereafter, report the following nn wntnng to the local rabnes control authority• (1) Species and description of the animal, (2) Location of such animal, (3) Name and address of the owner thereof; (4) Type and character of the disease. (1) The local rabies control authority shall nnvestngate and record all cases of rabnes and suspected rabnes. (m) The body of any annmal that has died of rabies or that dries or ns destroyed whale nn quarantine shall not be dnsposed of except as dnrected by the local rabnes control authority (n) The owner of any annmal quarantnned under thus sectnon shall pay all reasonable costs of the quarantnne and dnsposntnon of the annmal, nncludnng charges for shnpment of annmal tissues, of requnred, to the Texas Department of Health laboratory for testnng. (o) An animal whnch has been quarantnned maybe released by the local rabnes control authority under the following condntnons (1) At the end of the observation period upon a written release from a licensed veterinarian and proof of vaccination or recenpt of vaccination prior to release from quarantnne; (2) When all applicable fees have been pand, (3) If the annmal is not being held for legal proceedings, and (4) If appropriate city license regnstration has been obtained. (p) It shall be unlawful for the owner of an animal that has rabnes or symptoms whnch could reasonably indicate rabnes, or that bates, scratches, or otherwise creates a condition whnch may expose or transmnt the rabnes virus to any human being or other animal to fail or refuse to comply with any provnsions of this Artncle. (q) Currently vaccinated gunde dogs m service or currently vaccinated police dogs when a bite is mflncted in the tine of duty shall not be requnred to be placed in quarantnne." Page 25 of 34 Further, Section 6-43 "Impoundment; notice; dispdsrhon." is subsection (a) (3) is deleted and ferret is included as an animal which can be impounded for not weanng a city tag so that such section shall hereafter read as follows. "(a) Animals may be impounded by the animal control manager under any of the following circumstances when. (1) an animal, other than a cat, is at large. Effective January 1, 1997, the animal control manager shall be further authorized to impound any cat which is at large. (2) a dog, cat, ferret or miniature swore does not wear or have a valid city license tag affixed to its collar and said animal is not being used currently m a research program at the owner's institute of higher education which is accredited by the American Association for Accreditation of Laboratory Animal Care; (3) an animal is reasonably suspected of having inflicted bodily harm on any human being or animal, or poses a threat to public safety or constitutes a public nuisance; (4) a dog, cat or ferrets does not have a valid current rabies vaccination, (5) a miniature swine does not have valid, current vaccinations for erysipelas, parvo virus and leptospirosis, (6) a vicious, prohibited or unmuzzled animal is m a place of public assembly; (7) an animal is not cared for m violation of section 6-65, (8) an animal has rabies or symptoms thereof, or that a person could reasonably suspect as having rabies, or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being or animal, (9) an animal is not kept m conformity with this chapter or state law; and (10) a cat is roaming beyond the boundaries of the premises of the person having charge, care, or ownership of the cat. (b) If, by a license tag or other means, the owner of an impounded animal can be identified, the animal control manager shall, as soon as practicable after impoundment, notify the owner, if reasonably possible, that if the impounded animal is not redeemed within three (3) days after impoundment, disposition of the impounded animal shall occur m accordance with this chapter, and that the owner has a right to a hearing on the validity of the impoundment and applicable fees, and the disposition of Page 26 of 34 the impounded animal m accordance with this chapter A hearing shall be held as soon as practicable of requested by the owner pnor to the disposal or destruction of the animal as provided in this chapter " Further, section 6-44 "Time; fees, impoundment; bite; boarding; vaccination and license" shall be amended to provide that owners who reclaim animal must present photo identification for the city to make a copy and that prohibited animals will be euthanized of the owner does not sign an agreement with the city and pay all applicable fees so that such section shall hereafter read as follows "Sec 6-44 Time; fees. impoundment; bite; boarding; vaccination or license. (a) Impounded animals, mcludnng 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 nmpoundment shall be day one. If the owner of such impounded anmal does not redeem rt wrthm three (3) days after impoundment, disposition will be in accordance with thus chapter (b) Impounded animals, mcludmg those released from quarantnne, 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 shall be available for nmmediate 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 m the city, and authonzmg the cnty to humanely destroy the prohibited animal if rt 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 control manager The owner of such animal shall pay to the city the applicable fees plus the actual costs of the impoundment and handling. Page 27 of 34 (c) 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, nonprohibrted reptiles, and 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 wrthm atwelve-month penod. The impoundment 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, 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 wrthm the preceding twelve (12) months, for whatever reason. An impoundment charge for animals, other than dogs or cats, is not "occurrence based." (2) An additional bite fee will be charged for any animal which is impounded because it has bitten a human being or an animal. Bite fees will be assessed on the respective animal's bite history wrthm the preceding twelve (12) months and not on the number of bites by all of an owner's animals wrthm that time penod. (3) A daily charge for boarding services will be based upon whether the impounded animal is a nonquaranhned dog, cat or small animal, or a nonquarantined animal other than the foregoing; or a quarantined animal of any land. 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 (4) Where an owner cannot provide proof to the animal control manager at the lime of release from impoundment that the impounded animal is currently vaccinated against rabies or validly licensed, then a charge for the legally required vaccination or licensing will be made and a voucher provided to the owner to receive these services from a vetennanan. (5) A schedule of the current "applicable fees" for reclaiming impounded or quarantined animals is available for review at the Animal Care and Control Center Page 28 of 34 (6) It is not a defense to prosecution of any citations that applicable impoundment, bite, boarding, vaccination or license fees have been paid." Further Section 6-45 "Release from Impoundment" subsection (c) is amended by the deletion of the terms and definition of "Medical Purpose" and "A medical School" and subsection (d) Further Article VII "Dogs and Cat Sterilization, Adoptions" is amended by renaming the Article and shall hereafter read as follows. "ARTICLE VII. ADOPTIONS AND STERLIZATION FOR ADOPTED DOGS AND CATS, MANDATORY STERLIZATION FOR UNRESTRAINED DOGS AND CATS" Further, Section 6-46 "Requirements for adoption" is amended by the deletion of the definition of "adoption" and malang rt a Class C misdemeanor for an owner who has signed a sterilization agreement to fail to sterilize the animal by the date in the agreement and such section shall hereafter amended to read as follows. Sec 6-46 Requirements for adoption. (a) The Animal Care and Control Center may not release a dog or cat for adoption unless the animal has been sterilized or the release is made to ari owner who has signed an agreement to have the animal sterilized. (b) The adoption sterilization agreement must contain. (1) A sterilization completion date, which is. (i) The thirtieth (30th) day after the date of adoption m the case of an adult animal, or (ii) The thirtieth (30th) day after a specific date estimated to be the date an adopted infant female animal becomes six (6) months old or an adopted infant male becomes eight (8) months old, and Page 29 of 34 (2) A statement, punted m conspicuous, bold pant, that sterilization of the animal is required, and that if the animal is not sterilized on or before the appropriate date the owner commits an criminal offense punishable as a Class C misdemeanor (c) Except as provided by this subsection, a new owner who signs an adoption sterilization agreement under this section shall have the adopted animal stenhzed on or before the sterilization completion date stated m the agreement. If the sterilization completion date falls on a Saturday, Sunday, or legal holiday, the deadline is extended to the first day that is not a Saturday, Sunday, or legal holiday The Animal Care and Control Center may extend the deadline for thirty (30) days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery There is no limit of the number of extensions that maybe granted for this reason. (d) When adopting an animal from the City's Animal Care and Control Center, a new owner must sign an adoption agreement and must present photo identification to the city so that the city can make a copy of it. (e) It shall be unlawful for a person who obtained a dog or cat from the Animal Care and Control Center and executed a adoption sterilization agreement for the subject animal to fail or refuse to have the subject animal stenhzed by the date specified m the sterilization agreement or m subsequent extension(s) of the deadline as may be granted by the Animal Care and Control Center pursuant to section 6-46(c) Further section 6-47 "Confirmation of sterilization, death" is amended by renaming the section "Confirmation of sterilization ,death or lost or stolen animal and providing terms of confirmation if the animal is lost or stolen so that such section shall hereafter read as follows. "6-47 Confirmation of sterilization, death or lost or stolen animal. "(a) Except as provided by subsection (b) and (c) of this section, every new owner who signs an adoption sterilization agreement under section 6-46 of this article shall provide the Animal Care and Control Center from which the owner adopted a dog or cat, a certificate of sterilization signed by the veterinarian who performed the surgery and briefly describe the animal and provide the date of sterilization. It shall be unlawful for a person who obtains a dog or cat from the Animal Care and Control Center and who has executed a sterilization agreement for the subject animal to fail or refuse to provide a certificate of sterilization for the Page 30 of 34 anunal to the Animal Care and Control Center by seven (7) days from the date the animal is sterilized. (b) If the adopted animal dies on or before the deadline provided by section 6-46 of this article, the new owner shall provide to the Animal Care and Control Center, no later than seven (7) days from the date of the animal's death, a signed letter stating that the animal is dead, describing the cause of death, if known, and providing the date of death. The letter required by this subsection is m lieu of the letter required by subsection (a) of this section. (c) If an adopted animal is lost or stolen before the sterilization completion date ,the new owner shall deliver to the Animal Care and Control Center a signed letter stating that the animal is lost or stolen. The letter must be delivered not later. than the seventh day after the date of the animal's disappearance and must described the circumstances surrounding the disappearance and provide the approximate date of the disappearance. The letter required by this subsection is m lieu of the letter required by subsection (a) of this section." Further, Section 6-48 "Noncompliance with sterilization agreement; animal control center right of reclamation." is retitled as "Noncompliance with stenhzation agreement; Animal Care and Control Center nght of reclamation." Further this section is amended by the deletion of subsection (b) and by amending subsection (a) by listing the circumstances when the Animal Care and Control Center may reclaun an adopted anunal from a new owner so that such subsection (a) shall hereafter read as follows. "(a) The Animal Care and Control Center may promptly reclaim the adopted animal from the new owner if the Animal Care and Control Center does not receive the following from the new owner after the expiration of the seventh day after the sterilization completion date agreed to under section 6-46 (1) a certificate of sterilization under section 6-47(a); or (2) a letter stating the animal has died under section 6-47(b) or (3) a letter stating that the animal is lost or stolen under section 6-47(c) from the new owner " Page 31 of 34 Further section 6-62 "Keeping of certain animals prohibited "subsection (a) is amended include dangerous animal instead of vicious animal and shall hereafter read as follows "(a) Any dangerous animal except as provided in section 6-16 pursuant to a final determination that an animal is dangerous, or" Further, section 6-80 "Miniature swore generally" subsection (a) is amended to provide a maximum of two miniature swine per household so that such subsection shall hereafter read as follows "(a) There shall be a maximum of two (2) swine per household or business. The swine may be of any age. Under no circumstances may a person keep more than two (2) miniature swore per household or business." 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 ordinance shall be declared unconstitutional bythe valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remauung phrases, clauses, sentences, Page 32 of 34 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 4. 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 shall constitute a separate offense. SECTION 5. 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 ordinances amended m Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued vrolatrons 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 6. The Crty Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 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 7. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. Page 33 of 34 APPROVED AS TO FORM AND LEGALITY ~- ~--_ ASSIST CITY ATTORNEY DATE. ~"/Z P /~~ ADOPTED•~~(~ l~ EFFECTIVE. Page 34 of 34 City of Fort Worth, Texas M'Ayor and Council CommunicAt~an DATE REFERENCE NUMBER LOG NAME PAGE 7/28/98 G-12291 60ANIMAL 1 of 3 SUBJECT REVISION OF THE ANIMAL CONTROL ORDINANCE It is recommended that the City Council Adopt the attached ordinance amending Chapter 6, "Animals and Fowl" of the City Code as follows, and a. Amend Section 6-1 "Definitions" in its entirety to include definitions and delete non-essential words. b Amend Section 6-11 "Number of dogs and cats at residences" providing for the City Health Officer to conduct all aspects of administrative appeals. c. Amend Sections 6-13 5 through 6-20 9 "Dangerous Animals" in its entirety to comply with the new state statute. d Amend Section 6-22 "Licenses required" by the deletion of subsection (b) e. Amend Section 6-23 "License application,. fee" subsection (a) and (d) to include Animal Control Manager f Amend Section 6-24 "Revocation" subsection (c) to provide that if a person fails to comply with the license requirements, the owner must surrender the tag to the Animal Control Manager g. Amend Section 6-25 "Collection of license fees and issuance of tags by designated veterinarians" subsection (b) to include Animal Control Manager h. Amend Section 6-42 "Animals that exhibit rabies symptoms, bite, scratch, quarantine" to include quarantine for high and low risk animals and home quarantine procedures for dogs, cats, and ferrets. i Amend Section 6-43 "Impoundment; notice; disposition" by the deletion of subsection (a) (3) and by the addition of ferrets to be impounded for failure to wear tags. j Amend Section 6-44 "Time, fees. Impoundment; bite, boarding; vaccination and license" to require photo identification of all pet owners reclaiming an animal k. Amend Section 6-45 "Release from Impoundment" subsection (c) by deleting the terms and definitions of "medical purposes" and "a medical school" I Amend Section 6-45 subsection (d) Article VII , "Dogs and Cat Sterilization, Adoptions" to be renamed as "Adoptions and sterilization for adopted dogs and cats, mandatory sterilization for unrestrained dogs and cats" m. Amend Section 6-46 "Requirements for adoption" by making it a Class C misdemeanor for an owner who fails to sterilize an animal by the date of the signed sterilization agreement. n Amend Section 6-47 "Confirmation of sterilization, death or lost or stolen animal" providing terms of confirmation if the animal is lost or stolen o Amend Section 6-48 "Noncompliance with sterilization agreement; Animal Care and Control Center right of reclamation" by the deletion of subsection (b) and addition of a provision for when Animal Control may reclaim an adopted animal p Amend Section ~6-62 "Keeping of certain animals prohibited" subsection (a) to include dangerous animals. City of Fort Worth, Texas M,'Ayor and Council Commun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 7/28198 G-12291 50ANIMAL 2 of 3 SUBJECT REVISION OF THE ANIMAL CONTROL ORDINANCE q Amend Section 6-80 "Miniature swine generally" to allow a maximum of two miniature swine per household 2. Approve the attached fee schedule. The Animal Control ordinance is being revised to comply with recent changes in the Texas Health and Safety Code. In addition, non-essential words in the animal control ordinance and the section allowing the transfer of impounded animals for medical research have been, deleted In August 1997, the State Legislature included a new provision in the procedures for handling "Dangerous Dogs" complaints. Under this provision, the Municipal Court, upon receipt of a sworn affidavit from a victim or witness, will request that the owner of the dog voluntarily surrender the dog to Animal Control until the case is heard in court. If the owner fails Ito comply within eve days, the court shall issue a warrant for Animal Contro{ to seize and hold the animal until the hearing The revised animal control ordinance adopts these procedures. In August, 1996, the Texas Department of Health Administrative Code, Title 25, .:Chapter 169, recognized ferrets as domestic animals. The Texas Department of Health a{so recognized a rabies vaccine (IMRAB-3) for ferrets. The required quarantine period for ferrets involved in bite incidents is 10 days. The revised animal control ordinance adopts this definition and rabies control procedures. A domestic ferret weighs between 1 and 5 pounds. Owners of ferrets will be required to keep their ferrets restrained Ferrets found unrestrained will be captured and held for three days. On January 22, 1998, the City's Internal Audit Department performed a study of projected costs for animal control services including the cost of boarding at $8 00 per small animal per day Currently, the boarding fee is $7.25 per small animal per day Staff is recommending a $ 75 fee increase. 1 Staff is also recommending that the Animal Care and Control Center sell pet registration tags to citizens at the same rates available at vendors. Currently, citizens who purchase the tags at the City office are charged three dollars extra. The higher rate would remain in, effect for those persons who are reclaiming unlicensed pets. Finally, staff is recommending the addition of fees for adoption of; animals from the new Animal Care and Control Center (See the attached fee schedule.) City of Fort Worth, Texas ~1-~Ayar and Caunc~l L,ammun~cAt~an DATE x/28/98 REFERENCE NUMBER G-12291 LOG NAME 50AN I MAL PAGE 3 of 3 SUBJECT REVISION OF THE ANIMAL CONTROL ORDINANCE FISCAL INFORMATION/CERTIFICATION The Department of Public Health's Animal Control Division will be responsible for the collection and deposit of funds due to the City as a result of this action LW j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) VED O R PP A Libby Watson 6183 ''~' ~( ( ( ~ ~ ~ Originating Department Head: ~' 1,~ ,~~,/nL~! j~ 28 ~~ Bob Galvan 6183 (from) ~- Additional Information Contact: ~ l~"`a.~~-^^~1 City Secretary o4 the Tmxa f Fort @florth C Bob Galvan 6183 , ity o