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HomeMy WebLinkAboutOrdinance 12837ORDINANCE NO. ~~ / AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 6, "ANIMALS AND FOWL" A5 FOLLOWS: ARTICLE IV., "DOG AND CAT LICENSES," SECTION 6-22, "LICENSE REQUIRED," BY THE AMENDMENT OF SUBSECTION (A)(1) OF SAID SECTION, PROVIDING THAT DOGS AND CATS BE LICENSED BY THE CITY AT THREE (3) MONTHS OF AGE; SECTION 6-23, "LICENSE APPLICATION; FEE," BY THE AMENDMENT OF SUBSECTION (C) OF SAID SECTION, PROVIDING THAT A NEW OWNER OF A DOG OR CAT OVER THREE (3) MONTHS OF AGE APPLY FOR A LICENSE WITHIN THIRTY (30) DAYS OF ACQUIRING THE DOG OR CAT; ARTICLE V., "RABIES CONTROL," SECTION 6-41, "RABIES VACCINATION," BY THE AMENDMENT OF SUBSECTION (A) OF SAID SECTION, PROVIDING THAT DOGS AND CATS BE VACCINATED AGAINST RABIES AT THREE (3) MONTHS OF AGE; PROVIDING AN EXCEPTION FOR ANIMAL SHELTERS; ARTICLE IX., "ANIMAL ESTABLISHMENTS," SECTION 6-77, "COMPLIANCE," BY THE AMENDMENT OF SUBSECTION (A) OF SAID SECTION, PROVIDING THAT IT SHALL BE UNLAWFUL FOR AN ANIMAL ESTABLISHMENT TO SELL, TRADE OR GIVE AWAY ANY DOG OR CAT OVER THREE (3) MONTHS OF AGE UNLESS THE DOG OR CAT HAS BEEN LICENSED AND VACCINATED AS REQUIRED BY CITY ORDINANCE; 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. 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, Texas (1986), as amended, is amended by the amendment of Chapter 6, "Animals and Fowl," Article IV, "Dog and Cat Licenses," Section 6-22, "License required," by amending subsection (a)(1) to require dogs and cats be licensed by the city at three (3) months of age, so that such subsection shall hereafter read as follows. "(a) Offenses. (1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over three (3) months of age without having such dog or cat currently licensed by the city " And further, that the Code of the City of Fort Worth, Texas (1986}, as amended, is amended by the amendment of Chapter 6, "Animals and Fowl," Article N, "Dog and Cat Licenses," Section 6-23, "License application, fee.," by amending subsection (c) to require a new owner of a dog or cat over three (3) months of age apply for a license within thirty (30) days of acquiring the dog or cat, so that such subsection shall hereafter read as follows. "(c) A new owner of a dog or cat over three (3) months of age shall apply for a license within thirty (30) days of acquiring the dog or cat " And further, that the Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Chapter 6, "Animals and Fowl," Article V, "Rabies Control," Section 6-41, "Rabies vaccination," by amending subsection (a) to require dogs M and cats be vaccinated against rabies at three (3) months of age and providing an exception for animal shelters, so that such subsection shall hereafter read as follows. "(a) Vaccine Required. (1) A person commits an offense if the person owns, keeps, harbors or has custody of a dog or cat over three (3) months of age that has not been immunized against rabies by infection of anti-rabies vaccine by a veterinarian validly licensed in Texas or in another jurisdiction. (2) Immunization shall be repeated every twelve (12) months (3) In the prosecution of this subsection, it is an exception that the dog or cat was kept, harbored or in the custody of an animal shelter." And further, that the Code of the City of Fort Worth, Texas (1986}, as amended, is amended by the amendment of Chapter 6, "Animals and Fowl," Article IX, :'Animal Establishments," Section 6-77, "Compliance," by amending subsection (a) providing that it shall be unlawful for an animal establishment to sell, trade or give away any dog or cat over three (3) months of age unless the dog or cat has been licensed and vaccinated as required by city ordinance, so that such subsection shall hereafter read as follows: (a) It shall be unlawful for an animal establishment to sell, trade or give away any dog or cat over three (3) months of age, unless the dog or cat has been licensed and vaccinated as required by this chapter 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 in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 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 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 City Council without the incorporation in 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 nghts 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 in 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 cnminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the. courts. SECTION 6. The Ciry 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. APP D AS TO FORM AND LEGALITY ASSI ANT CITY ATTO DATE. ~ ~ ~ ADOPTED• ~ ~ ~ / EFFECTIVE. ~at~v of ~~v~t 6~ortd~ ~'exsas 1~Il~y~~~° ~~dll cC~~n~~¢d ~~~¢~a¢~¢~¢a~~¢~a~~¢ 01 /28/97 **G-11737 50RABVA 1 of 2 SUBJECT RABIES VACCINATION AND CITY LICENSE RECOMMENDATIONS. It is recommended that the City Council Approve the attached ordinance amending Chapter 6, "Animals and Fowl," of the City Code as follows a Amend Section 6-22 "License Required" Subsection (a) (1) to require dogs and cats to be licensed by the City at 3 months of age, and b Amend Section 6-23 "License Application, Fee" Subsection (c) to require a new owner of a dog or cat over three (3) months of age to apply fora license within thirty (30) days of acquiring the dog or cat, and c Amend Section 6-41 "Rabies Vaccination" by including Subsection (a) to include a provision requiring dogs or cats to be vaccinated at 3 months of age and providing for an exception for animal shelters, and d Amend Section 6-77 "Compliance" Subsection (a} prohibiting animal establishments to sell, trade or give away a dog or a cat over 3 months of age unless the dog or cat is vaccinated and licensed, and 2 Include a provision in the Animal Control Fee Schedule that would allow a pet owner to license unaltered puppies and kittens under one year of age for the same fee as altered animals DISCUSSION On February 9, 1996, the Texas Department of Health amended Title 25 of the Texas Administrative Code Section 169 29 requiring dogs or cats to be vaccinated at three ,w, : ~ . (jam©nthsrof age, The current City Ordinance requires dogs or cats to be vaccinated and '"~`°"li'ceii`sed at`four months of age On August 13, 1996, the Texas Department of Health again amended Title 25 of the Texas Administrative Code Section 169 29 to exclude animal shelters from the requirement of having dogs or cats vaccinated against rabies .pis r: {;.;~,,.... j 5` ~• Printed on RecyGed Paper ~i~ of f'or't D~~~td~ 71"~~cas 1~11~¢y~~~° ~¢~¢dll c~'~~¢~¢~ad c~'~~a¢~a¢~~a~~u~a~~¢ DATE REFERENCE NUMBER LOG NAME PAGE 01 /28/97 **G-11737 50RABVA 2 of 2 SUBJECT RABIES VACCINATION AND CITY LICENSE On March 19, 1996, Council approved M & C G-11426, an ordinance amendment addressing animal overpopulation Included in the ordinance amendment was a fee differential licensing program that seta $7 00 license fee for altered dogs and cats and a S 12 00 license fee for unaltered dogs and cats The differential licensing program went into effect on January 1, 1997 Local veterinarians have expressed a reluctance to alter puppies and kittens under six months of age To avoid placing the pet owner in the position of having to purchase a license fee for an unaltered pet, when in fact the pet owner plans on altering their pet at the appropriate age, staff recommends establishing a $7 00 fee for puppies and kittens under one year of age This fee wil! enable pet owners to comply with both a city license requirement and rabies vaccination requirement when the pet is vaccinated at approximately three months of age as required in the Rabies Control Act FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the Animal Control Division of the Public Health Department, will be responsible for collection and deposit of funds due to the City as a result of this action LW f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by (tol GG01 424842 0504001 APPR4~lED CITY COUNCIL Libby Watson 7201 Originating Department Head: J~N ~$ ~~~7 (from) Libby Watson 7201 A _ , ~LLet ~ For Additional Information , ' o Fort o C Contact: rth, Pe7tnB W f Ci y Libby Watson 7201 Printed on RecyGed Paper Adopted Ordinance IVo,