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HomeMy WebLinkAboutItem 03 - Animals and FowlMEMO TO FROM: MEETING DATE: SUBJECT: RECOMMENDATION: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER /0v/ JULY 1, 2003 ORDINANCE AMENDING GRAPEVINE CODE OF ORDINANCES, CHAPTER 6 ANIMALS AND FOWL City Council to consider an ordinance amending the Grapevine Code of Ordinances, Chapter 6 Animals and Fowl to allow for triennial rabies vaccinations for dogs and cats. FUNDING SOURCE: Not Applicable. BACKGROUND: On February 27, 2003, the Texas Board of Health approved amendments to the Texas Administrative Code, Rabies Control and Eradication. The major impact of the amendments pertains to rabies vaccination requirements for dogs and cats in Texas. More specifically, a triennial rabies vaccine has been approved for use. Current City Ordinance Chapter 6 Animals and Fowl, Article II. Dogs and Cats, Division 2. Rabies Control, Section 6-30. Vaccinations; Certificates, Tags mandates that all dogs and cats be revaccinated at one year intervals. In review of the revised state law and our City Ordinance, it is suggested that the current ordinance be amended to reflect the change in state law. The appropriate updates have been made to Section 6-30, Vaccinations, Certificates, Tags. Staff recommends approval. RDW/kmm June 26, 2003 (8:08AM) 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 6 ANIMALS AND FOWL, RELATIVE TO ARTICLE II DOGS AND CATS, DIVISION 2 RABIES CONTROL; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Chapter 6 Animals and Fowl, is hereby amended by the following changes: A. That Article II Dogs and Cats, Division 2 Rabies Control, Section 6-30 Vaccinations; certificates and tags, Subsection (a) is hereby amended in its entirety to read as follows: "(a) The owner or harborer (excluding animal shelters) of each domestic dog or cat shall have the animal vaccinated against rabies by four months of age. The animal must receive a booster within the 12 - month interval following the initial vaccination. Every domestic dog or cat must be revaccinated against rabies at a minimum or at least once every three years with a rabies vaccine licensed by the United States Department of Agriculture. The vaccine must be administered according to label recommendations. Livestock (especially those that have frequent contact with humans) should be vaccinated against rabies. Nothing in this section prohibits a veterinarian and owner or harborer from selecting a more frequent rabies vaccination interval. Failure to have said animal vaccinated shall be an offense under this chapter and shall subject the owner or harborer to a fine. The fine for the second violation of failure to have an animal vaccinated shall be at least double the fine for the original offense." B. That Article II Dogs and Cats, Division 2 Rabies Control, Section 6-30 Vaccinations; certificates and tags, Subsection (b) is hereby amended in its entirety to read as follows: "(b) All such dogs or cats shall be vaccinated in accordance with the Texas Health and Safety Code. All dogs and cats after initial vaccination and booster must receive a second rabies vaccination within one year of receiving their first vaccination, regardless of: (a) type of vaccination used or (b) the age at which the animal was initially vaccinated. 2. If the animal has received at least two vaccinations and the last vaccination consisted of (a) an annual rabies vaccine, the animal must receive a vaccination within 12 months. (b) a triennial vaccine, the animal must receive a vaccination within 36 months. 3. If the animal has received at least two vaccinations prior to this amendment and a triennial vaccine was used for the last vaccination, this amendment is retroactive (i.e., the animal's next vaccination will be due within 36 months from the date of its last vaccination). Any person establishing residence within the City of Grapevine shall comply with this section within ten days of establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the city limits, a rabies vaccine shall not be administered to the dog or cat until after a ten day observation period, beginning with the date of a bite, scratch or attack." Section 2. That 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 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD. NO. 2 Section 4. 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 an emergency for the immediate 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of July, 2003. ATTEST: 10127911M] K