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Home My WebLink AboutORD 2006-148 - Spaying & NeuteringORDINANCE NO. - '' 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SEVERAL PROVISIONS OF TITLE 7 OF THE CODE OF ORDINANCES RELATING TO LICENSEES AND PERMITS, MICROCHIPPING, STERILIZATION, ROADSIDE SALES, AND CERTAIN FEES; REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Georgetown Animal Shelter Advisory .Board ( "Board ") conducted a review of the City's practices relating to pet spaying and neutering and presented its findings to the City Council on June 15, 2006; and WHEREAS, the Board Report contained specific recommendations for amendments to the Code of Ordinances regarding the following items; and Licenses and Permits: ➢ Discourage unintentional breeding of animals. ➢ Assure consumers /citizens of legitimacy and humane practices of permittees. r Work toward fulfillment of City goal that no pets in Georgetown are killed only because they are homeless. ➢ Work toward fulfillment of Animal Shelter goals related to decreasin4 the number of euthanized animals. Microchipping: ➢ Encourage pet owners to take responsibility for their stray pets: as more animals become chipped, Animal Control Officers will be able to return stray pets directly to their owners when appropriate, rather than impounding them. Save the City an enormous amount of resources by not impounding as many animals, freeing up kennel space and staff resources. Work toward fulfillment of City goal that no pets in Georgetown are killed only because they are homeless: decrease the number of unclaimed animals and thus the number of animals euthanized at the Shelter. ➢ Work toward fulfillment of City goal to eliminate any significant threat of people contracting rabies in Georgetown: microchipping impounded animals will help enforce and keep track of pet licensing and vaccinations. ➢ Work toward fulfillment of Shelter goals related to rabies, licensing, and number of euthanized animals. Ordinance No. 00(0�/#T SPAYING AND NEUTERING, ETC. AMENDMENT, Page 1 of 8 C: \DOCUME- i \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc Sterilization: ➢ Sterilizing unaltered animals that are in violation of current City code will. directly address the animals mostly like to breed on their own initiative, and thus directly address the number of the community's animal "surplus." Work toward fulfillment of City goal that no pets in Georgetown are killed only because they are homeless. Work toward fulfillment of Shelter goals related to decreasing the number of euthanized animals and participating in spay /neuter activities. Licensing of adopted or sold gets: ➢ Assure consumers /citizens of legitimacy and humane practices of permittees. Work toward fulfillment of City goal to eliminate any significant threat of people contracting rabies in Georgetown: increase the number of owners that license their pets. ➢ Work toward fulfillment of Shelter goals related to rabies. Roadside sales: Assure consumers /citizens of legitimacy and humane practices of permittees. ➢ Be consistent with the ordinances of neighboring corru-nunities. Protect animals from inhumane conditions during "roadside" sales, as well as in their future homes. Protect consumers from acquiring unhealthy animals. ➢ Work toward fulfillment of City goal to eliminate any significant threat of people contracting rabies in Georgetown. ➢ Work toward fulfillment of Shelter goals related to rabies. WHEREAS, the Council recognizes that its Code of Ordinances is in need of amendment to address these recommendations, and WHEREAS, the Council finds that amending its ordinance regarding animals to reflect the recommendations made is in the best interest of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Element: Ordinance No. 0104& ® /(T SPAYING AND NEUTERING, ETC. AMENDMENT. C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc Page 2 of 8 3.0 City ozoned, sponsored or managed health and human services enhance the quality of life of the citizens of Georgetown. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2 Section 7.01.010 of the Georgetown Code of Ordinances (pertaining to "Definitions. ") is hereby amended to read as follows: Section 7.01.010 Definitions. When used in the City of Georgetown Code of Ordinances, Title 7, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: Add the following definitions to the list of existing definitions: "Animal Welfare Organizations- " rneaii a� en-ftY �liat exists for the purl "Breeding kennel" means an establishment designed or used for the boarding, selling or breeding of animals where more than three dogs and two cats or three cats and two dogs are to be boarded, sold or bred. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. "Private breeder" means any person that breeds or allows their pet animal, whether purebred or mixed breed, to produce offspring. "Transfer" means sell, give away, trade, barter, or make an animal available for adoption. Does not include transfer to rescue organizations or foster homes. "Transferee" means the person to whom an animal is sold, given away, traded, bartered or adopted. "Transferor" means the person who sells, gives away, trades, barters, or makes available for adoption. SECTION 3 Section 7.03.080 is hereby added to the Code of Ordinances and shall read as follows: Section 7.03.080 Microchipping. Impounded and adopted animals shall be implanted with microchips at owner's expense and the ID number is kept on file for future identification purposes. Ordinance No. 00 ' l ele SPAYING AND NEUTERING, ETC. AMENDMENT. Page 3 of 8 C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc SECTION 4 Section 7.03.090 080 is hereby added to the Code of Ordinances and shall read as follows: Section 7.03.090 Sterilization. (A) Except as provided in subsection (C) or (D), an owner, or his designee, N>vho redeems an animal, six (6) months of age or older, for a second or subsequent impound shall provide proof that the animal has been spayed or neutered prior to the release of the animal. If proof that the animal is spayed or neutered is not provided, the owner shall pay a veterinary clinic for the cost of spaying or neutering the animal and present a receipt of payment to the animal control center prior to release of the animal. The animal shall be spayed or neutered within fourteen (14) days after the release of the animal. The owner shall bring proof animal's sterilization to Animal Services within 30 days of release, and shall get a full refund of the impoundment fee. (B) It shall be unlawful for a person redeeming an animal under this section to fail to provide proof of rabies vaccination within ten (10) days of the release of the animal; or fail to provide proof that the animal was spayed or neutered within thirty (30) days of the release of the animal. (C) Sterilization may be postponed for a period greater than thirty (30) days, but not more than ninety (90) days, after release in cases of female animals in estrus or pregnant. (D) If an up -to -date kennel breeding permit has been purchased or is purchased before the animal is claimed, sterilization shall be postponed at that time. However, if an animal for which a breed permit has been purchased is subsequently impounded, the animal shall be sterilized, despite having purchased a breeding permit. The City, expects that persons with breeding permits accept a higher level of responsibility in keeping permitted intact animals confined. SECTION 5 Article II, Section 7.02.100 of the Georgetown City Code of Ordinances is hereby amended to read as follows: Section 7.02.100, Permits. Permits shall be valid for one year from date of issuance. The permit fee shall be set by the City Council. Breeding permits must be renewed annually and kept up to date for the lifetime of the animal unless proof of spay /neuter is submitted. SECTION 6 Article II, Section 7.02.120 of the Georgetown City Code of Ordinances is hereby amended to read as follows: Section 7.02.120. Private breeder transfer permit. Ordinance No. - Iels SPAYING AND NEUTERING, ETC, AMENDMENT. Page 4 of 8 C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc No private breeder may sell or give away any dog, cat or pet animal in the City limits without a private breeder transfer permit issued by the Animal Services Department. Animal Services shall determine the basic health of the animals before a permit is issued. SECTION 7 Article II, Section 7.02.040 of the Georgetown City Code is hereby amended to read as follows: Section 7.02.040 Pet Licenses All dogs and cats three months of age or older which are kept, harbored or maintained within the City limits shall be licensed with the Animal Services Department. Cat and dog licenses shall be provided by the Animal Services Department or their agent upon payment of the required fee and presentation of proof of vaccination against rabies virus in accordance with Sec. 7.02.010 of this title. The license record shall include the name, address and telephone number of the owner, and the type, breed, color, name and sex of the cat or dog to be licensed and the veterinarian that vaccinated the pet against rabies. Such licenses shall be valid for one year after the date of issue. Individuals, businesses and other entities that transfer ownership of any dog or cat must insure any pet transferred to anyone residing within the City Limits of Georgetown be licensed through Animal Services. SECTION 8 Article III, Section 7.02.200 is hereby added to the Code of Ordinances and shall read as follows: Article III Pet Sales Section 7.02.200 Roadside Sales It shall be unlawful to sell, give away or display for commercial purposes a live animal on a roadside, public right of way, sidewalk, street, parkway or any other public property or any property dedicated to public use, a commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale or similar event. Nothing in this section shall prevent adoption events sponsored by City Animal Shelter or animal welfare organizations. SECTION 9 Section 7.06.010 of the Code of Ordinances is hereby amended to read as follows: Section 7.06.010. Animal services fees. Animal Services Department Fee Schedule, Effective January 1st, 2006 Impoundment of pet with current license: First impoundment within one year No charge Subsequent impoundments within one year of previous $ 30.00 impoundment Impoundment of pet without current license $ 40.00 Ordinance No. 4006"la SPAYING AND NEUTERING, ETC, AMENDMENT. Page 5 of 8 C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc Impoundment of livestock, per head $ 65.00 Impoundment of female pet in estrus $ 50.00 Shelter fees: Boarding fee /night $ 5.00 Quarantine fee /night $ 8.00 Boarding livestock /night $ 20.00 Rabies vaccination fee $ 15.00 Adoption fee, plus veterinary expenses $ 20.00 Annual license fees: • Unaltered animal $ 15.00 • Altered animal $ 5.00 Altered animal whose legal owner is 65 or over (limit one free No charge license per person) Dogs professionally trained to assist disabled persons No charge Replacement tag $ 1.00 Note: One dollar ($1.00) for each animal license sold will be placed in a fund to assist low income persons with neutering and care costs. Annual permit fees (Owner may have to meet other financial responsibilities, as required by ordinance, in addition to purchasing a permit or tag): Kennel $ 65.00 Multiple pet owner, plus cost of license per animal $ 25.00 Private breeder's transfer permit $ 35 Commercial vendor $ 250 per year Restricted animals, plus cost of license per animal $ 65.00 Guard dog, plus cost of license per animal $ 30.00 Registered dangerous dog, plus cost of license per animal $ 65.00 SECTION 10 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 11 This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas. SECTION 12 All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. Ordinance No. 2"O� I c3 SPAYING AND NEUTERING, ETC, AMENDMENT. Page 6 of 8 C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc SECTION 13 If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 14 The Mayor of Georgetown is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effecting accordance with the terms of the City Charter. PASSED AND APPROVED on First Reading on the day of f a�'�-� 2006. PASSED AND APPROVED on Second Reading on the 12- day of,/ 2006. A TTF qT- Sandra D. Lee City Secretary THE CITY OF GEORGETOWN: Mayor Ordinance No. 4Z�2Q6 `!4el4' SPAYING AND NEUTERING, ETC. AMENDMENT. C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc Page 7 of 8 APPROVED AS TO FORM: Patricia E. Carls City Attorney Ordinance No. oZ004+ - /Ver SPAYING AND NEUTERING, ETC. AMENDMENT. Page 8 of 8 C: \DOCUME- 1 \cheriee \LOCALS -1 \Temp \notes898DCA \GAO -ASAB revisions 10- 06.doc