HomeMy WebLinkAboutOrdinance 11464{ i ~ %,
ORDINANCE NO. ~ J _
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE REPEAL OF THE EXISTING
ARTICLE IV, ENTITLED "DOG AND CAT LICENSES," OF CHAPTER
6, "ANIMALS AND FOWL", 1~lND THE ADOPTION OF ,A NEW
ARTICLE IV, ENTITLED "DOG AND CAT LICENSES", PROVIDING
A PURPOSE, PROVIDING THAT LICENSES BE REQUIRED,
PROVIDING FOR APPLICATION PROCEDURES AND FEES,
PROVIDING FOR LICENSE REVOCATION, PROVIDING FOR
DESIGNATED VETERINARIANS TO ISSUE TAGS AND COLLECT
FEES, PROVIDING FOR ACCOUNTING PROCEDURES, AND
PROVIDING 'FOR A FINE OF UP TO $500.00 FOR FAILURE TO
LICENSE AND UP TO $2,000.00 FOR ALL OTHER OFFENSES IN
VIOLATION OF THE ARTICLE; AND FURTHER AMENDING THE CODE
OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF SECTION 6-41 ENTITLED "RABIES
VACCINATION," OF ARTICLE V OF SAID CHAPTER, THROUGH THE
ADOPTION OF A NEW SUBSECTION (F) TO PROVIDE FOR
DISMISSAL OF CITATIONS UPON SUBSEQUENT COMPLIANCE, AND
BY THE AMENDMENT OF SECTION 6-63 ENTITLED °'GUARD DOGS,"
OF ARTICLE VIII OF SAID CHAPTER, BY THE AMENDMENT OF
SUBSECTION (A) TO CHANGE THE REFERENCE OF SECTION 6-20
TO SECTION 6-22; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; REPEALING ALL PROVISIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN
VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; ENGROSSING AND ENROLLING THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 1994.
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 through the repeal of Article IV, "Dog and
Cat Licenses" of Chapter 6, "Animals and Fowl" of said Code, and
through the adoption of a new Article IV entitled "Dog and Cat
Licenses" so that hereafter said article shall read as~follows•
"Section 6-21. Purpose
The purpose of this Article is to promote the licensing and
vaccination against rabies of all dogs and cats within the City,
and to facilitate that purpose through the use of a combined
license/rabies tag. Pursuant to VTCA, Health and Safety Code §
826.031(c), the license fees provided for herein and Collected by
the City shall be used only to defray the City's costs of
administering the Texas Rabies Control Act and the City's
ordinances relating to the restraint, impoundment, licensing and
vaccination of dogs and cats, and the quarantining and testing of
animals for rabies.
Section 6-22. License required.
(a) Offenses.
(1) A person commits an offense if he owns, keeps, harbors,
or has custody of any dog or cat over four (4} months
of age without having such dog or cat currently
licensed by the City.
(2) A person commits an offense if he owns a dog or cat
required to be licensed by this section and fails to
display on such dog or cat at all times a valid City
combined license/rabies tag
(3) A person commits an offense if he owns a dog or cat and
displays on such dog or cat a combined City
license/rabies tag issued to another animal.
(b) Culpable mental state.
No culpable mental state is required of a violation of this
section
(c) Defenses
(1) It is a defense to a prosecution under subsections
(a)(1) and (a)(2) above that the animal was owned, kept
or harbored by, or in the custody of, an animal
establishment or releasing agency, was kept under
restraint on the premises of the animal establishment
or releasing agency, and was being offered for sale or
adoption
(2) It is a defense to prosecution under subsections (a)(1)
and (a)(2) above that the person who owned the animal
was not a permanent resident of the City and was
keeping the animal within the City for less than sixty
(60) days.
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(3) It is a defense to prosecution under subsections (a)(1)
and (a)(2) above that at the time of the offense the
person was using the animal in a research program at an
institution of higher education which is accredited by
the American Association for the Accreditation of
Laboratory Animal Care.
(d) Dismissal.
(1) A municipal court judge may dismiss a citation for a
violation of subsection (a)(1) above, for subsequent
compliance, upon the motion of a prosecutor who has
received a written recommendation of dismissal from the
Animal Control Administrator.
(2) In order. to qualify for a dismissal sunder this
subsection, the person wha received the citation must
have the animal licensed and must present a'copy of the
registration certificate to the animal control office
no later than ten (10) days following the date of the
citation. ~,
(3) The Animal Control Administrator shall develop forms
and procedures to facilitate the implementation of this
subsection (d}
Section 6-23. License application; fee.
(a) Written application for a license and payme~'nt of the
applicable .license fee shall be made to the Animal Control
Administrator, to the Humane Society of North Texas, or to a
designated veterinarian.
(b) The application shall include the name and address of the
applicant, a description of the animal, and a current rabies
certificate issued by a veterinarian licensed to practice in
the jurisdiction in which the animal was vaccinated.
(c) A new owner of a dog or cat over four (4) months of age
shall apply for a license within thirty (30) !days after
acquiring the animal.
(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 Administrator 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.
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r t
(e) The City Council shall adopt a schedule of license fees
applicable to this Article, which shall be available for
review at the animal control office No license fee shall
be charged for any dog which is utilized as a guide dog, and
not as a pet, by a blind or deaf person.
(f) A license is valid for one (1) year from the date of the
animal's mast recent vaccination, unless sooner revoked
(g) Permanent city registration tags shall no longer be issued.
A permanent registration tag issued prior to the effective
date of this ordinance shall remain valid for the lifetime
of the animal for which it was issued as long as compliance
with this subsection is maintained. The animal's owner must
have the animal timely vaccinated against rabies annually
and provide a copy of the rabies certificate to animal
control. Failure to do so shall render the registration
void.
Section 6-24. Revocation.
(a) The Animal Control Administrator may revoke any license
issued for a dog or cat pursuant to this Article under the
following circumstances:
(1) A person has withheld, falsified, or provided incorrect
information on the license application.
(2) A person has been convicted within the preceding sixty
(60) months of cruelty to any animal under any animal
cruelty law of this state or other jurisdiction in the
United States.
(3) A person's payment for the license in draft farm has
been dishonored
(b} Written notification of revocation shall be accomplished by
depositing a certified letter, return receipt requested, in
the United States mail and addressed to the last known
address of the person to whom the license was issued.
(c) Any person whose license for a dog or cat is revoked may,
within fifteen (15) days from the date the letter in
subsection (b) above was deposited in the mail, make a
showing of compliance or correction to the Animal Control
Administrator and have the license reinstated If a person
fails. to provide satisfactory proof of compliance or
correction to the Animal Control Administrator within the
fifteen (15) days, the owner must humanely divest himself of
the animal for which the license was revoked,
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(d) A license revoked pursuant to subsection
above may be reinstated upon a correct
made by the owner in compliance with
person whose license has been revoked
(a)(2) above may reapply for a period of
from the date of his cruelty to animals
law conviction.
s (a)(T) or (a)(2)
application being
section 6-22. No
under subsection
sixty (60) months
or animal cruelty
(e) When a license is revoked, no licensing fees shall be
refunded
(f) When a license is revoked, the animal's owner shall
immediately surrender to the Animal Control Administrator
the combined license/rabies tag or permanent registration
tag, as applicable, for that animal
(g} A person commits an offense if he knowingly) fails to
surrender a revoked combined license/rabies tag o'r permanent
registration i~ag to the Animal Control Administrator or his
designee.
(h) The Animal Control Administrator or his designee is
authorized to immediately seize any revoked City
license/rabies tag which comes to his attention. ~
Section 6-25. Collection of license fees and issuance of tags by
designated veterinarians.
(a) A veterinarian who is licensed by the State!,, of Texas,
located within or outside of the City, and who treats dogs
and cats which are maintained within the City, may apply
annually with the Animal Control Administrator Ito become a
designated veterinarian.
(b) The application shall be on a form prescribed by the Animal
Control Administrator, shall be signed by the veterinarian
applying for designation, and shall have the force and
effect of a contract The City Manager or his designee is
hereby authorized to sign such application on behalf of the
City The agreement shall be valid only for the calendar
year and shall expire on December 31st.
(c) A designated veterinarian shall be authorized to issue a
City combined. license/rabies tag to the owner of a dog or
cat upon presentation by the owner to the veterinarian of a
current rabies certificate for the animal to be licensed
(d) A designated veterinarian shall collect the license fee for
each animal he licenses He may keep $1.25 for each license
issued as payment for his services, and shall submit the
balance to the City A designated veterinarian shall not
charge an animal's owner a price which is greater than or
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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
(e) A designated veterinarian shall submit to the Animal Control
Administrator the rabies vaccination information required by
Section 6-41(e) of this Article.
(f) License fees collected by a veterinarian shallibe paid to
the City no later than the sixth (6th) day of the month
following the month in which the fees were collected.
(g) A designated veterinarian shall be responsible for the
proper handling of all combined license/rabies tags issued
to him by Animal Control, .and shall be responsible for
contacting Animal Control to receive additional] tags prior
to his supply running out.
(h) Any designated veterinarian who fails to compl~,y with the
established procedures and requirements for the' collection
and timely payment of license fees to the City shall be
deemed to be in violation of the agreement and shall forfeit
his designatign to participate in license issuance.
Section 6-26. Supplies accounting procedure.
The Animal Control Administrator shall provide the
designated veterinarians} with necessary monthly report forms
and combined license/rabies tags The Animal Control
Administrator s.ha11 establish a collection procedure for the
fees, a format for the tags and shall record the number of dogs
and cats registered, name of owner, and other appropriate
information The Animal Control Administrator also reserves the
right to inspect at reasonable times the license records, rabies
vaccination records, and tags on hand at a designated
veterinarian°s office
Section 6-27. Penalty.
(1) A person who violates a provision of this Article shall upon
conviction be deemed guilty of a misdemeanor, and shall be
fined a sum not to exceed $2,000.00 for each offense.
However, a violation of Section 6-22 (a)(1) is subject to a
penalty not to exceed $500.00, pursuant to the Texas Rabies
Control Act. i
(2) Each day that a violation continues shall constitute a
separate offense."
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Further, the Code of the City of Fort Worth, Texas (1986},
as amended, is amended by the amendment of Section 6-41 entitled
"Rabies vaccination," of Article V of Chapter 6, through the
adoption of a new subsection (f), so that hereafter said
subsection shall read as follows:
"(f) Dismissal of citation
(1) A municipal court judge may dismiss a citation for a
violation of subsection (a) above, for subsequent
compliance, upon the motion of a prosecutor who has
received a written recommendation of dismissal from the
Animal Control Administrator.
(2) In order to qualify for a dismissal under this
subsection, the person who received the citation must
have the animal vaccinated against rabies and bring the
rabies vaccination certificate to the animal control
office no later than ten (10) days following the date
of the citation..
(3} The Animal Gontrol Administrator shall develop forms
and procedures to facilitate the implementation of this
subsection (f)."
Further, the Code of the City of the City of Fort Worth,
Texas (1986), as amended, is amended through the amendment of
Section 6-63 entitled "Guard dogs", subsection (a), of Article
VIII, of Chapter 6 of said Code, so that hereafter said
subsection shall read as follows:
"(a} All guard dogs shall be registered with the Animal
Control Administrator prior to being used as guard dogs
and thereafter registered annually. The combined
license/rabies tag issued for a guard dog, pursuant to
Section 6-22, shall be of an easily identifiable shape
and color and must be worn on the dog at all times "
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
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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
i.
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 violated', 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 (52,000.00') for each
offense. Each day that a violation is permitted to etist shall
constitute a separate offense.
Section 5.
Ali 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
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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 b.
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.
Section 8.
This ordinance shall be in full force and effect starting
January 1, 1994, after its passage and publication as required by
law, and it is so ordained
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s 1 S
APPROVED AS TO FORM AND LEGALITY.
EFFECTIVE:
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ADOPTED ; low - ~~ ~`~
City of Fort i~orth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAIL PAGE
12/07/93 G-10451 500NETAG 1 of 4
svaJECT IMPLEMENTATION OF ONE TAG ANIMAL LICENSING PROGRAM AND LICENSE FEE
INCREASE
RECOMMENDATIONS
It is recommended that the City Council
1 Approve the implementation of a one tag animal licensing program, and
2 Approve an increase in the animal license fee from 55 00 to 57 00, decrease the
payments to veterinarians for license issuance from 52 00 to 51 25, and
3 Approve the elimination of the 535 00 lifetime license fee, and
4 Endorse the follow-up actions listed to encourage citizen participation in the one
tag system, and ;
5 Approve the attached ordinance which addresses the above
DISCUSSION
On June 20, 1993, Mr James Bias, Executive Director, Humane Society of North Texas,
notified Dr James Agyemang, Animal Control Administrator, of the Humane Society's
intent to request a fee increase in the kenneling contract to 55 00 per day The request
was later changed to 54 32 per day after review of allowable cost increases The
approved FY 93-94 Animal Control Budget provided fora 53 00 a day reimbursement to
the Humane Society If the kenneling fee increase were to be granted to the Humane
Society, an unfunded balance of 553,460 would result in the Animal Control budget
Council directed staff to make recommendations on an Animal Control fee structure that
would cover the unfunded balance Additionally, staff was previously directed to develop
a proposal to implement a one tag animal licensing system, involving veterinarians in the
preparation of the proposal Part of the impetus for the one tag system, was the need to
cover the cost of maintaining the practice of impounding animals at the;Humane Society
for three days, rather than only one (528,670)
Dr James Agyemang, Administrator of Animal Control, formed a task force comprised of
the following members
:~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
12/07/93 G10451 50ONETAG 2 of 4
SUBJECT IMPLEMENTATION OF ONE TAG ANIMAL LICENSING PROGRAM AND LICENSE FEE
INCREASE
Veterinarians Dr Scott Mellina, Dr Richard Young, and Dr Ted Hemenway
Citizen Representatives Ms Kay Jennings and Mr Frank Molano
Humane Society Mr James Bias, Executive Director
City Staff Ms Kathryn Hansen, Assistant City Attorney, Dr James Agyemang, Animal
Control Administrator and Ms Letha Aycock, Assistant Health Department Director for
Technical and Regulatory Services
The task force met weekly from October 14, through November 9 On November 9, a
report outlining the task force's recommendation was forwarded to Dr 'Nick Curry,
Director of Public Health
Recommendations from the task force include 1) implement a one tag animal licensing
program to begin January 1, 1994, 2) increase the animal license fee from S5 00 to S7 00
per animal and decrease payment to veterinarians for license issuance from $2 00 to
$1 25, and 3) drop the S35 00 lifetime license fee and provide a grandfather clause to
allow citizens who have purchased a lifetime license to continue to use the lifetime
license
To enhance compliance with the one tag animal licensing program, task force members
also recommended these follow-up actions
1 If a citizen fails to respond to the renewal letter notifying them of the need to
renew their license, afollow-up postcard will be mailed
2 If the citizen fails to respond to the postcard within 30 days, a citation will be
issued for failure to comply with the City Ordinance Animal Control will request
the citation be dismissed by the Municipal Court should the pet owner comply
within 10 days following the receipt of the citation
The adoption of a one tag system will require amending Article IV, "Dog and Cat
Licenses" of Chapter 6, "Animals and Fowl" of the City Code Attached is the proposed
ordinance addressing these amendments Although the Article has been reorganized, the
substantive changes are minor The most notable change is the addition of a provision
for dismissing citations for failure to license, if the violation is corrected within 10 days
A like provision is proposed in the ordinance, amending Section 6 41, "Rabies
Vaccination", to allow for dismissal of citations for failure to vaccinate if the violation is
corrected within 10 days` The balance of the changes reflect the recommendations of the
task force
~~~~ Printed on recycled paper
City of Fort i~orth, Texas
Mayor and Council Communication
RATE REFERENCE NUMBER LOG NAME I PAGE
12/07/93 G10451 500NETAG 3 of 4
svssECT IMPLEMENTATION OF ONE TAG ANIMAL LICENSING PROGRAM AND LICENSE FEE
INCREASE
Revenue estimates are based on the assumption that the same number of animals
vaccinated fast year - 40,743 -would be vaccinated this year Revenue projections are
shown for both twelve and nine month periods
40,743 x 57 00 =
40,743 x 51 25 tretained by Veterinarians)
License fees collected by Animal
Control Division in FY 92-93
Projected City revenue due to
increased licensing fees
Projected Unfunded Balance for
three day impound (full year)
Humane Society Contract
Projected Additional Revenue
12 Months 9 Months
5285,201 $213,901
- 0 29 - 38,197
5234,272 5175,704
i
- 43,442 - 32,582
$190, 830 5143,122
- 28,670 - 28,670
- 53,640
$108,520
- 40,230
5 74,222
The above revenue projections show that the proposed fee increase will cover the
unfunded balance kenneling costs for the three day impound and the Humane Society
Contract fee increase
~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
12/07/93 REFERENCE NU148ER
G10451 LOG NAIL
500NETAG PAGE
4 of 4
strsrECT IMPLEMENTATION OF ONE TAG ANIMAL LICENSING PROGRAM AND LICENSE FEE
INCREASE
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that the Animal Control Division rof the Health
Department is responsible for collecting and depositing any fees due the City under these
revised fee schedules
LW r
Attachment
mitt or ,ty er S
Office by: ~~~
GG01 424842 0504001 ~j ~ ~ v ~ ~ ~ ~ C ~ L
Libby Watson 6140
Ortgmating Department Head:
~~~ ~ ~~~~
Dr Nick Curry 7201 ( m)
For Additional Information ~~ys1 ~:j,~
Contact: Clfy &~cr~t>2ry eS tR®
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Dr Nick Curry 7201 t,
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~:~~ Printetl on recycled paper