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HomeMy WebLinkAboutItem 08 - Animal OrdinanceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 7, 2023 SUBJECT: APPROVAL OF PROPOSED AMENDMENTS TO CHAPTER 6, SECTION 6-6 IMPOUNDING OF CATS, DOGS RECOMMENDATION: City Council to consider an ordinance approving an amendment to Chapter 6, Section 6-6 - Impounding of Cats, Dogs of the City's Code of Ordinances and take any necessary action. FUNDING SOURCE: N/A BACKGROUND: This item seeks to amend the Grapevine Code of Ordinances Chapter 6 - Animals and Fowl to align with State veterinary laws; providing medical attention of impounded animals in a shelter environment. The amendment will include new language for Section 6-6, paragraph (d), and retain all previous language for all other paragraphs. Specifically, it will define the City as the designated caretaker to allow for animals to receive medical care when impounded which is the current practice. The new section (d) reads as follows: d) The City is authorized to be the designated caretaker of any animal impounded or surrendered. The City's authority to act as caretaker includes, but is not limited to, administering vaccinations and parasite control to protect animal health as well as managing any other necessary treatment a veterinarian determines is appropriate for the animal. The owner shall be responsible for all cost to care for an animal. Staff recommends approval. ORDINANCE NO. 2023-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES SECTION 6-6, IMPOUNDING OF CATS, DOGS; PROVIDING A PENALTY, NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council wishes to amend and update the Grapevine Code of Ordinances, Chapter 6, Animals and Fowls; and WHEREAS, all constitutional and statutory prerequisites for the approval of this Ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 6, Animals and Fowl is hereby amended by amending Sec. 6-6, which a shall be replaced to read as follows: Sec. 6-6. - Impounding of Cats, Dogs. (a) The Animal Services Officer or any police officer may cause to be captured and impounded any animal, excluding livestock, at large and in violation of this chapter. This section shall be enforced relative to cats, only upon receipt of a complaint. (b) The owner of any animal impounded under the terms of this chapter shall have the right to redeem same, unless otherwise provided, upon payment to the City for each dog or cat. The owner shall pay fees associated with redemption of said animal as set forth in the Animal Services Fee Schedule, including, but not limited to, impound fees, boarding fees, and veterinary or drug fees incurred during impoundment. (c) All dogs and cats redeemed from the City, which are not already microchipped, may be microchipped at the expense of the owner prior to being released from impoundment. All dogs and cats redeemed from the City, which are not already currently vaccinated for rabies, will be vaccinated for rabies at the expense of the owner prior to being released from impoundment. (d) The City is authorized to be the designated caretaker of any animal impounded or surrendered. The City's authority to act as caretaker includes, but is not limited to, administering vaccinations and parasite control to protect animal health as well as managing any other necessary treatment a veterinarian determines is appropriate for the animal. The owner shall be responsible for all cost to care for an animal. (e) All impounded animals shall be redeemed within 72 hours after their impoundment. All animals impounded for more than 72 hours will become property of the City and any prior ownership will be completely divested. Once the impounded animal becomes property of the City, such animal may be made eligible for adoption through Animal Services or other third -party rescue organization or be humanely destroyed at the sole discretion of Animal Services. (f) Notwithstanding the above provisions, the disposition of an animal impounded under Texas Health and Safety Code § 821.022 (Seizure of Cruelly Treated Animals) shall be governed by Health and Safety Code § 821.023 (Hearing; Order of Disposition or Return of Animal). Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates undesirable conditions for the preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. Ordinance No. 2023-010 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2023-010 3