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HomeMy WebLinkAboutOrdinance 12495~~ n+'Y ~v ;$j52 ORDINANCE NO. p'~~~~ 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," BY THE ADDITION OF THE TERMS "INTACT ANIMAL," "LIVESTOCK DOG," "REPLACEMENT LICENSE," "SPORTING DOG," "VIS MAJOR," AND "WORKING DOG," AND THE DEFINITIONS .THEREFOR; ARTICLE IV, "DOG AND CAT LICENSES," SECTION 6-23, "LICENSE APPLICATION; FEE" BY THE AMENDMENT OF SUBSECTION (C) PROVIDING FOR A REPLACEMENT LICENSE UPON TRANSFER OF OWNERSHIP, AND BY THE AMENDMENT OF SUBSECTION (F) OF SAID SECTION, PROVIDING THAT LICENSES ARE NOT TRANSFERABLE, AND BY THE AMENDMENT OF SECTION 6- 25, "COLLECTION OF LICENSE FEES AND ISSUANCE OF TAGS BY DESIGNATED VETERINARIANS," SUBSECTION (D), PROVIDING FOR A SERVICE FEE FOR DESIGNATED VETERINARIANS; AND ARTICLE VII, "DOG AND CAT STERILIZATION; ADOPTIONS," BY THE ADDITION OF A NEW SECTION 6-50 ENTITLED "MANDATORY SPAY/NEUTER OF UNRESTRAINED DOGS AND CATS," REQUIRING THE STERILIZATION OF DOGS AND CATS IMPOUNDED FOR RUNNING AT LARGE EFFECTIVE JANUARY 1, 1997, AND PROVIDING AFFIRMATIVE DEFENSES; 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; PROVIDING THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM; 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 I, "In General," Section 6-1, "Definitions," by the addition of the terms "intact animal," "livestock dog," "sporting dog," "vis major," and "working dog," and the definitions therefor, so that such terms and definitions shall hereafter read as follows: - 1 - "Intact animal: An animal which is sold without a spay/neuter contract. Livestock dog: A dog which is used for agrarian purposes in the herding and/or guarding of livestock. 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 until the date the original license would have expired. Sporting dog: A dog which is used for recreational purposes in the hunting and/or tracking of game. Vis major: 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 is: (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." 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 IV, "Dog and Cat Licenses," by the amendment of Section 6-23, "License application; fee," subsection (c), so that hereafter said subsection shall read as follows: "(c) A new owner of a dog or cat over four (4) months of age which was currently licensed with the City at the time of the transfer of ownership, shall obtain a replacement license within thirty (30) days after acquiring the animal. A replacement license shall not be issued until the old license is surrendered. The fee for a replacement license shall not exceed the fee charged for a duplicate license." - 2 - 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 IV, "Dog and Cat Licenses," by the amendment of Section 6-23, "License application; fee," subsection (f), so that hereafter said subsection shall read as follows: "(f) A license is valid for one (1) year from the date of the animal's most recent vaccination, unless sooner revoked. A license is not transferable between animals or between owners." 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 IV, "Dog and Cat Licenses," by the amendment of Section 6-25, "Collection of license fees and issuance of tags by designated veterinarians," subsection (d), so that hereafter said subsection shall read as follows: "(d) A designated veterinarian shall collect the license fee for each animal issued a license by the veterinarian. A designated veterinarian shall not charge an animal's owner a price which is greater than or less than the current annual fee. A designated veterinarian assumes full responsibility for ensuring that full payment is made to the city for each combined license/rabies tag issued. In payment for his/her services, the veterinarian may keep a service fee in the amount established by the City Council." 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 VII, "Dog and Cat Sterilization; Adoptions," by the addition of a new Section 6-50 entitled "Mandatory Spay/Neuter of Unrestrained Dogs and Cats," so that hereafter said section shall read as follows: - 3 - "Section 6-50. Mandatory Spay/Neuter of Unrestrained Dogs and Cats. a. Mandatory spay/neuter following impoundment Effective January 1, 1997, the owner of a dog or cat which has been impounded for being at large shall have the animal spayed/neutered within thirty (30) days following the animal's release from impoundment. b. Exemption made by animal control manager The animal control manager is authorized to exempt an animal's owner from the requirements of subsection (a) if the owner proves to the satisfaction of the animal control manager that the animal met one of the conditions specified in subsection (e) below. c. Certification of spay/neuter procedure The owner of a dog or cat required by subsection (a) to be spayed or neutered shall submit to the animal control manager certification that the procedure was performed. 1. The certification shall be made on a form provided by the animal control manager, and signed by the veterinarian who performed the procedure,. 2. The certification shall be delivered by the owner to the animal control manager no later than the fortieth (40th) day following the animal's release from impoundment. d. Offenses. 1. A person commits an offense if the person is the owner of a dog or cat required by subsection (a) to be spayed/neutered and the person fails to have an animal spayed/neutered as required. 2. A person commits an offense if the person is the owner of a dog or cat required by subsection (a) to be spayed/neutered and the person fails to provide certification of the spay/neuter procedure as required by subsection (b). - 4 - e. Affirmative defense. In a prosecution for a violation of subsection (d) it is an affirmative defense that: 1. At the time of the animal's impoundment: A. the animal was registered with a national registry or was a sporting dog, livestock dog, or working dog; and B. the person was a member of a national breed club, local breed club, local all- breed club, or sporting or hunting club; and the person had not sold twelve (12) or more intact dogs or cats in the preceding year; 2. At the time of the animal's impoundment it was wearing a current city license tag, valid for that animal, and had not previously been impounded for being at large; 3. The animal was at large at the time of its impoundment due to a vis major; or 4. The animal was at large at the time of its impoundment due to fire or due to the criminal or negligent acts of a third party who was not residing at the animal owner's residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one or more of the following manners: A. a certified copy of a City of Fort Worth police or fire report verifying the incident; B. the affidavit of City of Fort Worth police or fire personnel with direct knowledge of the incident; or C. the testimony of City of Fort Worth police or fire personnel with direct knowledge of the incident. f. Nothing in this Section shall be construed as permitting spayed/neutered dogs and cats to run at large." - 5 - 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 jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation 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. - 6 - SECTION 5. 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 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 criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City 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. - 7 - SECTION 8. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: DATE`: v ADOPTED: ~ ~ ~ l g~p EFFECTIVE: ~... 8 - t City of Fort Worth, Texas Mayor and Council Communication DATE .~ REFERENCE NUMBER LOG NAME PAGE 03/19/96 G-11426 500VRP0 1 of 3 SUBJECT ORDINANCE AMENDMENT ADDRESSING ANIMAL OVERPOPULATION RECOMMENDATIONS It is recommended that the City Council approve the attached ordinance amending Chapter 6, "Animals and Fowl" of the City Code as follows 1 a Amend Section 6-1, "Definitions," with the addition of the terms "intact animal," "livestock dog," "sporting dog," "vis major," and "working dog " b Amend Section 6-13, "Restraint of Animals," subsection (a), to require cats to be restrained, effective January 1, 1997 c Amend Section 6-23, "Dog and Cat Licenses," subsection (c), to provide for replacement licenses upon the transfer of an animal's ownership d Amend Section 6-23, "Dog and Cat Licenses," subsection (f), to provide that licenses are not transferable e Amend Section 6-25, "Collection of License Fees and Issuance of Tags by Designated Veterinarians," subsection (d), to allow veterinarians to collect license fees and keep a service fee in the amount established by the City Council f Amend Section 6-43, "Impoundment Notice, Disposition," subsection (a) (1), to empower the Animal Control Division to impound cats which are at large, effective January 1, 1997 g Add a new Section 6-50, entitled "Mandatory Spay/Neuter of Unrestrained Dogs and Cats," to provide for the mandatory sterilization of dogs and cats impounded for being at large, effective January 1, 1997, and to provide for certain exemptions 2 It is further recommended that the City Council approve an annual license fee of S7 00 for altered dogs and cats, and S12 00 for unaltered dogs and cats, effective January 1, 1997 3 Approve a license replacement fee of 55 00 to be paid at the time of transfer of ownership, effective January 1, 1997 4 Increase rebate to veterinarians for license issuance from S 1 25 to S2 00 effective January 1, 1997 Printed on Re~yded Paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 03!19!96 G-11426 500VRP0 2 of 3 SUBJECT ORDINANCE AMENDMENT ADDRESSING ANIMAL OVERPOPULATION DISCUSSION On March 5, 1996, Informal Report No 7983 was presented to City Council This report provided an analysis of the issue of pet overpopulation and presented proposal including legislative, enforcement, public education and program evaluation Included in the legislative and enforcement elements are certain ordinance amendments The actions before you in this M&C will provide that 1 Impounded dogs and cats must be altered with the following exceptions a "The impounded animal is registered with a recognized national registry or is a sporting dog, livestock or working dog, and the owner is a member of a national breed club, local breed club, local all-breed club or hunting club, and does not sell twelve (12) or more intact animals per year " b "At the time of the animal's impoundment, it was wearing a current city registration tag, valid for that animal, and had not previously been impounded for being at large " c "The animal was at large and impounded due to fiorce vis major (Act of God? " d "The animal was at large and impounded due to fire, criminal or negligent acts of a third party who does not reside at the animal owner's residence Additionally, verification of the incident must be presented to the Administrator of Animal Control in the form of a police or fire report, or the sworn testimony or affidavit of police or fire personnel " 2 A fee differential licensing program will be introduced Under the proposed program, a S7 license fee will be charged for all altered dogs and cats and a S 12 license fee charged for unaltered dogs and cats Veterinarians or vendors who sell the tags will be rebated $2 for each license sold This licensing program will go into effect on January 1, 1997 3 City dog and cat license tags will be non-transferable when ownership of a dog or cat is transferred The new owner must reregister the animal at the cost of a replacement/duplicate tag 4 The current restraint ordinance is extended to include cats Printed on Recyded Paper City of Fort Worth, Texas Mayor and Council Communication DATE 03/19/96 REFERENCE NUMBER G-11426 LOG NAME 500VRP0 PAGE 3 of 3 SUBJECT ORDINANCE AMENDMENT ADDRESSING ANIMAL OVERPOPULATION FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that funds will be included in the FY96-97 Budget pending recommendation and approval by City Council LW b u mate or rty anager s Office by: ~t~> apPROVEo c~TY co~vci~ Libby Watson 6183 rrgmatmg epartment ea s 1g~6 ~ Dr Nick Curry 7201 rom r Ap~ + or d 'tional Information ~(,~,~,J Contact: City 8ecr~tary of the Cit f F W h l' Dr Nick Curry 7201 e7[Os y o ort irt , Adopted Ordinance No.~~~~ Printed on Recyded Paper