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Ord 44-2011 8/16/2011ORDINANCE NO. 44 -2011 Ordinance Amending Section 14 -381 Of The Code Of Ordinances Of The City Of Wichita Falls To Require Shade For Animals In Addition To Shelters, Providing For A Penalty Not To Exceed $500 Per Violation; Providing For Codification; and Declaring an Emergency and Immediate Effective Date WHEREAS, the City Council encourages animal owners to provide their pets with ample shade; and WHEREAS, the City Council finds that unshaded animal enclosures with a single ventilation point become excessively hot in summer temperatures. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Shade for Animals Section 14 -381 of the Wichita Falls Code of Ordinances is hereby amended to read as follows: Sec. 14 -381. Food, water, shelter and shade. No owner shall fail to provide his animals, fowl or livestock with sufficient good and wholesome food and water, adequate shelter, shade, and protection from the weather, adequate space and humane care and treatment, and reasonable veterinary care when needed to prevent suffering. All persons owning, possessing or harboring such shall comply with the following requirements: (1) Shelter and shade. Shelter and shade shall be provided as follows: a. Animals. Animals shall be provided with access to shelter to allow them to remain dry and protected from the elements. Such shelter shall be enclosed fully on three sides, shall be roofed, and shall have a solid floor. The entrance to the shelter shall be flexible to allow the animal's entry and exit and sturdy enough to block entry of wind or rain. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair. Bedding shall be provided. €+tier natural or artificial shade shall be provided io nroioni the animal from shade sunlight. If shade is provided n si iro allewan� hall ho rr���� crr r�anvwui� urr�c made orr adequate yentila +inn A suitable method shall be provided to rapidly eliminate excess water from the shelter area. In addition to the shelter. either natural or artificial shade with adeauate ventilation shall be provided to protect the entire animal from direct sunlight at all times of the day. b. Livestock. Livestock shall be provided with access to shelter to allow them to remain dry during rain and snow and protected from severe chill factor. Such shelter shall have three sides and a roof. It shall be structurally sound and in good repair to protect the livestock from injury. Such shelter will provide minimum space to accommodate all livestock confined within the compound as provided in subsection 14- 420(a). Either natural or artificial shade shall be provided to protect livestock from direct sunlight. If shade is provided by the enclosure, allowance shall be made for adequate ventilation. A suitable method shall be provided to rapidly eliminate excess water from the shelter area. (2) Mobility and space requirements. Any animal or livestock kept on a chain or rope shall be placed so that it cannot become entangled with the restraints of other animals or livestock or with any other objects. The chain or rope shall be of sufficient length to allow the animal or livestock complete access to shelter at all times. The chain shall be attached in a manner so as not to cause injury or discomfort to the animal or livestock. For dogs, the chain or rope shall be at least three times the length of the dog as measured from the tip of the nose to the base of the tail. Cats shall not be staked outside on a leash, rope, chain or similar apparatus. For animals and livestock not confined by chain or rope, the enclosure shall be constructed and maintained so as to provide sufficient space for normal movement and to prevent overcrowding and physical discomfort as provided in subsections 14- 416(1) and 14- 420(a). 2. Penalty This ordinance shall be punishable by a penalty of up to $500 per violation and as provided by Section 1 -14 of the Wichita Falls Code of Ordinances. 3. Codification The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. Statutory and ordinance references herein may be modified as necessary. 4. Emergency Due to the current heat emergency's effect on local animals, which potentially lead to animal mortality and consequent health hazards, which burden the City's public health and property removal system and cause an urgent public need to preserve the peace, health, and safety of property of the City, this ordinance shall take effect immediately, and it is so ordained. PASSED AND APPROVED this the 16th day of August, 2011. MAYOR ATTEST: City Clerk