WC CWF Health District Board Minutes - 12/06/2013 WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH BOARD MINUTES
December 6, 2013
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Wichita Falls-Wichita County Public Health District u 'oo
1700 Third Street- Parker Conference Room ? O `
Wichita Falls, Texas w 'J 2
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MEMBERS PRESENT: Board Members a: C?
David Carlston, Ph.D., Chair
Scott Plowman, Vice-Chair
Kirk Harlow, Ph.D., Secretary
Clay Clark, D.V.M.
MEMBERS ABSENCE EXCUSED:
Tracy Hill, D.D.S.
Michael Lamar, M.D.
Jane Leach, Ph.D.
Lou Kreidler, R.N., B.S.N. Director of Health
Amy K. Fagan, M.P.A. Assistant Director of Health
Not Present Associate Health Authority
Kevin Hugman Assistant City Manager
Not Present Council Liaison
Not Present County Judge
I. CALL TO ORDER
David Carlston called the Health Board meeting to order at 12:10 pm after a quorum of members
was attained.
II. APPROVAL OF MINUTES AND ABSENCES
David Carlston called for the review and approval of minutes from the meeting held on October
25, 2013. Scott Plowman introduced a motion to approve the minutes as presented and Dr.
Harlow seconded the motion. Motion passed unanimously.
At this time it was noted the excused absence of Dr. Hill, Dr. Lamar, and Dr. Leach.
III. ANIMAL ORDINANCE
Lou Kriedler, Director of Health stated the ordinance changes was discussed at the last meeting
in October but Board members unanimously tabled the ordinance until the December meeting for
an in depth review.
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Changes to the ordinance derived from the Strategic Planning Session with the City Council over
the last couple of years to attain a way and/or incentives to help control the number of unwanted
animals in the community. Council had opposed an ordinance to mandatory spay and neuter all
animals in the City of Wichita Falls. At a meeting with the Animal Shelter Advisory Committee
their recommendation was to increase the unaltered animal licensing fees in anticipation owners
would opt to spay and neuter their animals for lower fees.
One change is a modification to Section 14-310 of the Code of Ordinances of the City of Wichita
Falls to require spaying or neutering for retrieving previously reclaimed animals. Animal Services
agrees to waive the impound and reclaim fee for the animal's first impoundment if the owner
prepays a veterinary clinic for the cost of spaying or neutering the animal and presents a receipt
of payment along with the scheduled appointment to the Animal Services Center (ASC) prior to
release of the animal. The animal shall be spayed or neutered within 30 days of release and the
owner shall bring proof of the animal's sterilization to the ASC within 45 days of release or be
ticketed. The second time the animal is impounded it will be a mandatory requirement to spay or
neuter the animal to reclaim the animal. The fees are waived as a good incentive without a
financial burden to the owners to spay or neuter their animals in an attempt to control the number
of unwanted animals in the community.
Another change is the addition of Division 6 to Article Ill of Chapter 14 to regulate Breeding, Sale,
and Transfer of Dogs and Cats. After review of issues with irresponsible backyard breeders
many of those animals even full blooded end up at the Animal Shelter which initiated the Litter,
Stud, and Seller permits associated with breeding. An educational course on responsible
breeding would be required with the paid permit to be provided free of charge through Animal
Control.
Section 14-236—Litter permit.
(a) Any person whose female dog or cat has a litter must obtain a litter permit prior to or
within 10 business days of the litters birth. The issuance of a permit authorizes the
whelping of no more than 1 litter per female dog or cat in any 12 month period. Each
permit applicant shall be required to take an education course designated by Animal
Services as part of the permit application process.
(b) If a person fails to obtain a permit after notice, then the department shall be authorized to
impound the female dog or cat and the animal litter in addition to any other available
remedies.
(c) The litter permit number shall be prominently displayed in all advertisements, notices, or
displays of the litter for offers to give away any members of the litter.
The permit also applies to an animal's unexpected pregnancy.
Section 14-237— Stud permit.
(a) Any person who owns or harbors a male dog or cat and wishes to breed this animal with
any female dog or cat must obtain a stud permit, and furnish a copy of said permit to the
owner of the female animal, prior to breeding. Each permit applicant shall be required to
take an educational course designated by Animal Services as part of the permit
application process.
(b) A person commits an offense if he or she breeds a male animal without a permit or
permits a male animal to be bred with a female animal they own without receiving notice
of a valid stud permit for the male animal.
Section 14-238— Seller permit.
(a) Any person who sells or offers for sale 1 or more puppies or kittens must obtain a seller's
permit prior to or within 10 business days of the litter's birth. Each seller's permit shall be
valid for 1 year, and the issuance of a permit authorizes the breeding and sale of no more
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than 1 litter per female dog or cat in any 12-month period. Each permit applicant shall be
required to take an educational course designated by Animal Services as part of the
permit application process.
(b) The seller's permit number shall be prominently displayed in all advertisements, notices,
or displays for sale of the puppies or kittens.
(c) A sellers'permit holder shall provide a purchaser a written statement which shall include a
guarantee of good health for a period of not less than 2 weeks with a recommendation to
have the animal examined by a licensed veterinarian.
(d) A person who obtains a pet shop license shall not be required to obtain a seller's permit
under this section.
(e) If a person fails to obtain a permit after notice, then the department shall be authorized to
impound the puppies or kittens in addition to any other available remedies.
When breeding your animal and you want to sell the puppies you must obtain a Seller permit.
Addition of Section 14-239—Prohibiting the Transfer of Unweaned Dogs or Cats.
(a) It shall be unlawful for any person to transfer or offer to transfer any puppy or kitten under
the age of 8 weeks unless the puppy or kitten is transferred to:
(1) Animal Services,
(2) Any tax-exempt nonprofit organization founded for the purpose of providing humane
sanctuary or shelter for abandoned or unwanted animals; or
(3) Any recognized rescue organization which is currently approved by Animal Services.
(b) It shall be an affirmative defense to prosecution that the puppy or kitten was transferred
with its mother.
Amendment to Section 14-147— Categories of permits, other than kennels.
An animal permit shall be required for persons owning the following types of facilities. The annual
fee for these permits shall be set by the Health District and approved by the City Council. The fee
schedule will be posted in the Zoonosis Division of the Health District.
(1) Pet Shop
(2) Riding school or stable
(3) Grooming shop
(4) Zoological park
(5) Circus
(6) Performing animal exhibition
(7) Recreational rides, including but not limited to: horses, camels, donkeys, elephants, cows
(8) Nonconforming use
Currently with the flea market under a pet shop permit it allows anyone to come in, set up, sell
their animals at the flea market with no further permits required. In reason a flea market is not a
pet shop the change requires anyone that goes to the flea market to obtain either a Litter permit if
giving away their animals or Sellers permit if selling their animals.
Lastly Section 48-94—Animal Services Fees.
ASAC recommended a bigger cost difference in the licensing fee for animals not spayed or
neutered so those fees are to be changed as listed.
(a) Licenses:
(1) Spayed or neutered animal
(a) One year$12.00
(b) One year vicious$60.00
(c) Three year$24.00
(d) Three year vicious$180.00
(2) Animal that is not spayed or neutered
(a) One year$48.00(previous $22.00)
(b) One year vicious $120.00 (previous $54.00)
(c) Three year$88.00(previous $60.00)
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(d) Three year vicious$360.00 (previous $120.00)
The additional permits cost are as listed; Litter at $50.00 per litter, Stud at $50.00 per breeding,
and Sellers at $100.00 per litter.
Lou Kreidler asked if anyone had any questions or concerns.
Kevin Hugman questioned the rationality of the animal not spayed or neutered three year fee of
$88 not being twice the cost of the one year at $48.
David Carlston added the animal spayed or neutered three year fee of $24 was double the one
year at $12.
Lou Kreidler responded that the three year fee for not spayed or neutered should be double the
$48 one year fee and asked Katrena Mitchell to adjust the fee to $96.
Dr. Clark stated he sent out a letter to local veterinarian hospitals that asked their
thoughts about the ordinance and not one veterinarian was in favor.
Lou Kreidler asked what are the reasons and Dr. Clark replied he personally advocates
less government not more government no matter whether at the local, county, regional,
state, or federal level.
Dr. Harlow voiced concern on the litter fee when members of the litter are given away
from an accidental pregnancy that dogs do jump fences and breed with other dogs.
Lou Kreidler responded that the City ordinance states it is the owner's responsibility of a
dog in estrus or heat to be kept confined from other dogs that a dog in heat not confined
is labeled a nuisance.
Scott Plowman stated there are people that are not going to care and asked how the
Animal Service Center would be aware they are not complying.
Katrena Mitchell stated people inform us, advertisements, and the Animal Service Center
gets about two to three litters every day. The ordinance is a means for the City to be
more proactive and make people that own a pet more accountable for their actions.
Scott Plowman asked what the plan was to get the word out.
Lou Kreidler replied in the same matter as with the Chaining ordinance through the media
and education.
Kevin Hugman asked had there been a decline in the numbers since the Council favored
to implement the voluntary education program now in effect for about 2 years.
Not a whole lot as far as a decline in the animals the shelter gets in, it remains steady
replied Katrena Mitchell.
Lou Kreidler added probably the greatest benefit in the community is the P.E.T.S. Low
Cost Spay and Neuter clinic. Grant funds allow them to spay and neuter some animals
for free being a major impact for lower income households.
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Dr. Harlow said with rules sometimes the intended results or not the results. Consider a
person with no money but a dog that helps panhandle gets pregnant by the other
panhandlers dog but to give away the puppies require to pay for a litter permit they
cannot afford or take the litter to the Animal Shelter to euthanize but cannot afford that
either so they are let go and feral dogs are in the community.
Lou Kreidler replied they can bring the dogs to the Animal Shelter say they are stray or
have no money and we do not charge we take in the animals because we do not want
them on the street.
David Carlston states that will not change just encourage it. How are they to know they
can turn in the animals as found. People would rather dump the animals than face a
possible fine. I know the intentions are to have less unplanned births but my concern it
will be the same amount of dogs more dumped and less at the shelter.
Katrena Mitchell replied there are those that already do that now and I think one of the
fears with the chaining ordinance was when the ordinance went into effect everyone was
going to turn their dog loose but that did not happen. People will continue to justify and
make excuses to dump animals they are dumped over night at the shelter.
Lou Kreidler and Katrena Mitchell looked at other municipalities in the State it is not
unique other than the stud permit it is done in many cities and Waco just passed
mandatory spay and neuter. The ordinance is a good medium ground to meet the needs
to address the overpopulation in the community it will be both popular and unpopular.
Katrena has made great strides since the shelter opened and every year the euthanasia
rate continues to go down now at 62% it still is unacceptable. The ordinance can be one
more tool in the attempt to lower the number of unwanted animals in the community.
Dr. Harlow supports trying things if you do not know the answer and how it will work you
need to try it. He believes it should be the same effort in preventing the problem that in
the first place communication if the veterinarians do not like the rule they need to help
prevent the problem you do not have rules if there is not a problem. If we do not make
any effort to encourage people to change, all the rules in the world are not going to
change people's behavior.
Kevin Hugman asked if individuals are going to give the litter away what does the litter
permit do?
Lou Kreidler answered the intentions with the litter permit is that if charged a permit fee
they will see at the end it is going to be cheaper to spay or neuter than continue to have
litters. We can make an adjustment to waive the fee if they agree to have the animal
spayed or neutered.
Scott Plowman then it would not be about the money it would be about the
overpopulation of unwanted animals.
Katrena Mitchell reinforced it is not to punish the responsible local breeders because they
are the ones that are going to have a waiting list they are not going to have to advertise
because they have good quality dogs they are not pumping out litter after litter.
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Scott Plowman those are not going to end up at the shelter.
Lou Kreidler said it is the backyard breeders those that have a full blood dog and know
they can sell the puppies for $100 or $150 a piece so they breed that dog every time it
comes into heat regardless whether good for the health of the animal or they have
buyers. I think that is a great idea like we are doing with spay or neuter to waive the fees
when impounded.
Dr. Carlston asked for a motion to either accept the ordinance as is or with the
modifications.
Dr. Harlow stated he would move to recommend the ordinance with the modification of
the fee adjusted to consistent ratio and modification of the litter and breeder's fee waived
to have the animal spayed or neutered within 3 months.
Scott Plowman suggested an informative disclosure for public awareness to state that
62% of animals are euthanized.
Dr. Carlston asked for a motion to adjust the three year animal not spayed or neutered
fee to $96 and the litter and breeder's fee waived upon proof of spay or neuter within 3
months or be ticketed.
Scott Plowman seconded the motion. All was in favor with the exception of Dr. Clark
whom opposed.
Lou Kreidler advised she would send a memo on the ordinance changes to Council
should the ordinance go before Council in January an update would be provided at the
February Health Board meeting.
Dr. Carlston suggested the Board be presented in the following year an update on
whether the ordinance changes had made a difference.
Scott Plowman asked about the outcome of the Chain ordinance.
Katrena Mitchell replied a lot of animals are not being chained and the P.E.T.S. Chain Off
program supplied a lot of fences that prevents chaining. Most of the public complied do
discover some that do not but when given the two days to comply usually within the next
day the animal is off the chain. Very few animals had been signed over to the shelter or
released to run loose a good outcome.
IV. TERMED MEMBERS FAREWELL
At the years end Board members reach term of service or choose not to continue to serve. Lou
Kreidler voiced appreciation for the time and service of Dr. Carlston, Dr. Clark, and Dr. Hill to the
Health District and the City of Wichita Falls. Presentation of the appreciative awards followed for
Dr. Carlston's service from February 2008 to December 2013 and Dr. Clark's from December
2009 to December 2013. Recognition was made of Dr. Hill's service from January 2008 to
December 2013 in her absence.
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V. NEXT MEETING DATE
February 28, 2014
VI. ADJOURN
David Carlston requested a motion to adjourn. The motion was made by Dr. Clark and seconded
by Dr. Harlow the motion carried and the meeting was adjourned at 12:50 pm.
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Signature
C orti b
Print Name
WFWC Public Health Board
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