13 - Section 5 Animals & Fowl - fee setting by animal control managerItem No. 13
TO: City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: SECTION 5 ANIMALS AND FOWL
DATE: December 14, 2018
BACKGROUND: Section 5 Animals and Fowl establishes fees for impounds, vaccinations and
the like for animals entering or exiting the animal shelter.
STATUS OF ISSUE: Section 5-3(b) sets out animal shelter fees with language requiring city
council action to approve any fee change. Cost increases on vaccinations, storage of animals or
other impacts to the fees are immediate. Changing animal control fees can burden the council when
other matters are more pressing and take additional time. Allowing the Chief of Police or his
designee to ability to set fees as needed would be less time consuming. The fee schedule would
be published on the city web site along with a listing of those fees in plain view at the animal
shelter.
BUDGET: There is no impact to the budget.
RECOMMENDATION: Amend the ordinance as presented.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 5, "ANIMALS AND FOWL," OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS RELATING TO THE SETTING
OF FEES CHARGED BY THE ANIMAL SHELTER; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, in 2016, the City Council of the City of Paris adopted a comprehensive
revision of Chapter 5, "Animals and Fowl," of the Code of Ordinances of the City of Paris,
Texas; and,
WHEREAS, said ordinance currently sets forth fees related to the impoundment,
redemption, and adoption of animals in and from the City's animal shelter and vests
additional authority in the City Council to set other fees as may be necessary and
appropriate; and
WHEREAS, because costs associated with the operation of the City's animal shelter
are subject to fairly regular increases related to increased costs of supplies, vaccines, and
other items necessary for the humane care of animals in the shelter's possession; and
WHEREAS, the City Council finds that it is more conducive to the efficient operation
of the animal shelter to vest fee setting authority in the animal control manager, defined in
the ordinance as the Chief of Police or his designee, thus eliminating the need to continually
amend the ordinance to reflect changes in costs associated with the efficient and humane
operation of the animal shelter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 5, "Animals and Fowl," Section 5-3(b), "Impoundment,"
of the Code of Ordinances of the City of Paris, Texas, is hereby and shall be amended and
replaced to read in its entirety as follows:
"(b) Impoundment.
"Any animal control officer or police officer is authorized to impound such
animals running at large, other than a cat, and may impound a cat upon receipt of a
complaint that the cat causes a nuisance or hazard to the health or welfare of any
person or animal. Fees associated with such impoundment, including but not
limited to fees for the daily care of such impounded animals, for newspaper
announcements, for vaccinations, and for euthanasia shall be set forth in a fee
schedule determined by the animal control manager and posted at the animal
shelter and on the police department website. In the case where the owner of an
animal requests that animal control euthanize the animal, animal control is
authorized to euthanize such an animal only if the owner resides within the city
limits at the time of the request for euthanasia and the animal has not bitten any
person within the ten days preceding the request."
Section 3. That Chapter 5, "Animals and Fowl," Section 5-3(e)(3) of the Code of
Ordinances of the City of Paris, Texas, is hereby and shall be amended and replaced to read
in its entirety as follows:
"(3) Any person owning any animal impounded under this article shall be
allowed to take such animal from the animal shelter or other place where
impounded upon the following conditions:
"a. Payment to the city of an impoundment fee determined by the animal
control manager and contained in the fee schedule described in
section 5-3(b) for each day or fractional part thereof.
"b. If the owner cannot provide proof of a current rabies vaccination, the
animal must be revaccinated or vaccinated for rabies within five days
of being reclaimed by the owner of the impounded animal. Animals
less than 12 weeks of age will not require a rabies vaccination in
order to be released.
C. When an animal has been impounded for the first time, the owner of
the animal is eligible for a one-time impoundment fee rebate
established by the animal control manager upon submission, within
30 days of the animal being redeemed, of written documentation that
the animal has been spayed or neutered."
Section 4. That Chapter 5, "Animals and Fowl," Section 5-3(0(7) of the Code of
Ordinances of the City of Paris, Texas, is hereby and shall be amended and replaced to read
in its entirety as follows:
"7. Adoption of animals. A person may adopt an animal from the animal
shelter under the following conditions:
"a. The animal to be adopted must be classified as adoptable by the
animal control manager.
"b. The prospective adopter has the proper facilities to care for the
animal.
"c. The prospective adopter completes the animal adoption agreement
form.
"d. The prospective adopter pays an adoption fee established by the
animal control manager or makes the adoption through the Lamar
County Humane Association.
"e. The adoption fee may be waived for nonprofit humane animal rescue
organizations in good standing with the city animal shelter. When the
fee is waived for such organizations, no rabies vaccination or
sterilization services will be provided. Nonprofit organizations that
have the fee waived must present proof of rabies vaccination and
sterilization within 30 days from the date the animal is received from
the city animal shelter. Additional time shall be allowed for animals
less than six months of age.
"f. The prospective adopter must pay a license fee if required by any
provision of this ordinance."
Section 5. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 6. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section B. This ordinance shall become effective from and after its passage.
PASSED AND ADOPTED this 14th day of January, 2019.
Steve Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney