Ord 11-2014 4/1/2014
ORDINANCE NO. 11-2014
Ordinance Amending The Code Of Ordinances Of The City Of Wichita
Falls To Add Division 6 To Article III Of Chapter 14 Thereof to
Regulate Breeding, Sale, And Transfer Of Dogs And Cats, To Modify
Section 14-147 To Alter The Definition Of A Pet Shop, To Modify
Section 14-310 To Require Spaying Or Neutering For Retrieving
Previously Reclaimed Animals, And To Modify Section 48-94 To
Provide Fees For Added Permits; Providing A Penalty Not To Exceed
$500 Upon Conviction; And Providing For Codification
WHEREAS, the City desires to reduce the number of animals euthanized each
year and requiring permits for the sale and breeding of animals is determined to be an
effective method to controlling overpopulation of animals; and
WHEREAS, the City Council finds that controlling overpopulation of animals will
protect the citizens from dangerous animals and more effectively encourage the
humane treatment of animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Adding Division 6, Breeding, Sale, and Transfer of Dogs and Cats
to Article III of Chapter 14
Article III of Chapter 14 of the Code of Ordinances of the City of Wichita Falls is
amended to add Division 6. - Breeding, Sale, and Transfer of Dogs and Cats, which will
read as follows:
Division 6. - Breeding, Sale, and Transfer of Dogs and Cats
Sec. 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 litter's 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 educational
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.
(d) The owner may choose to prepay for a spay surgery at the veterinary clinic of
their choice. The owner shall present a receipt of payment along with a
scheduled appointment to the Animal Services Center. The animal shall be
spayed within 90 days and the owner shall bring proof within 105 days of the
animal's sterilization to Animal Services. The litter permit fee will be waived with
proof of payment for sterilization and scheduled appointment as they apply in
accordance with this section only.
(e) This section does not apply to:
(1) Caretakers of feral cat colonies; or
(2) Rescuers affiliated with recognized rescue organizations registered
with the department.
Sec. 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.
Sec. 14-238. - Seller's 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 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 seller's 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.
(f) The owner may choose to prepay for a spay surgery at the veterinary clinic of
their choice. The owner shall present a receipt of payment along with a
scheduled appointment to the Animal Services Center. The animal shall be
spayed within 90 days and the owner shall bring proof within 105 days of the
animal's sterilization to Animal Services. The seller’s permit fee will be waived
with proof of payment for sterilization and scheduled appointment as they apply
in accordance with this section only.
Sec. 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.
2. Amending Section 14-147
Section 14-147 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Sec. 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 (includes flea market).
(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, and cows.
(8) Nonconforming use.
3. Amending Section 14-310
Section 14-310 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Sec. 14-310. - Right of owner to reclaim; fee.
(a) The owner of any animal, fowl or livestock impounded in accordance with this
article shall have the right to reclaim the animal, fowl or livestock upon showing
satisfactory proof of ownership and paying to the city the appropriate
impoundment fee set by the health district and approved by the city council; the
fee schedule will be posted in the Animal Services division of the health district.
(b) An owner or his designee who reclaims an animal six months of age or older
from impound after the animal has previously been impounded by the Animal
Services division shall provide proof that the animal has been spayed or
neutered prior to the release of the animal. If proof that the previously-reclaimed
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 along with a scheduled appointment to the Animal Services Center 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 Animal
Services within 45 days of release. All reclaim and boarding fees will be waived
with proof of payment for sterilization and scheduled appointment as they apply
in accordance with this section only.
(c) Sterilization under this section may be postponed for a period greater than 30
days, but not more than 90 days, after release in cases of female animals in
season, pregnant or for animals younger than six months of age.
(d) It shall be unlawful for a person redeeming an animal under this section to fail
to provide proof of rabies vaccination within ten days of the release of the animal;
or fail to provide proof that the animal was spayed or neutered within 45 days of
the release of the animal if required to do so by this section.
4. Amending Section 48-94
Section 48-94 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Sec. 48-94. - Animal services fees.
There shall be charged the following fees for licenses, permits, and services by
the Wichita Falls/Wichita County Local Public Health District:
(a) Licenses:
(1) Spayed or neutered animal:
(A) One-year: $7.00
(B) One-year vicious: $60.00.
(C) Three-year: $14.00.
(D) Three-year vicious: $180.00.
(2) Animal that is not spayed or neutered:
(A) One-year: $22.00.
(B) One-year vicious: $80.00.
(C) Three-year: $54.00.
(D) Three-year vicious: $240.00.
(b) Annual permits:
(1) Circus: $120.00.
(2) Equine recreational rides: $120.00.
(3) Feral cat colony/individual: $12.00.
(4) Feral cat colony/nonprofit: $10.00.
(5) Fowl: $22.00.
(6) Grooming shop: $120.00.
(7) Kennel:
(A) 5—14 dogs or cats: $58.00.
(B) 15—49 dogs or cats: $115.00.
(C) 50 or more dogs or cats: $170.00.
(8) Livestock: $32.00.
(9) Pet shop: $88.00.
(10) Performing animal exhibition: $120.00.
(11) Potbellied pigs: $32.00.
(12) Riding school or stable: $58.00.
(13) Zoological park: $120.00.
(14) Litter permit: $50.00 per litter.
(15) Stud permit: $50.00 per breeding.
(16) Seller’s permit: $100.00 per litter.
(c) Special permits:
(1) FFA/4H: $12.00.
(2) Foster home: $32.00.
(3) Pet fanciers with all animals spayed or neutered: $32.00.
(4) Pet fanciers with any animals not spayed or neutered: $58.00.
(d) Impound fees:
(1) Spayed or neutered animal.
(A) 1st impound in any 12-month period: $35.00.
(B) 2nd impound in any 12-month period: $55.00.
(C) 3rd impound in any 12-month period: $80.00.
(D) 4th impound (or more) in any 12-month period: $105.00.
(2) Animal that is not spayed or neutered.
(A) 1st impound in any 12-month period: $40.00.
(B) 2nd impound in any 12-month period: $65.00.
(C) 3rd impound in any 12-month period: $90.00.
(D) 4th impound (or more) in any 12-month period: $115.00.
(3) Small livestock.
(A) 1st impound in any 12-month period: $35.00.
(B) 2nd impound in any 12-month period: $60.00.
(C) 3rd impound in any 12-month period: $85.00.
(D) 4th impound (or more) in any 12-month period: $110.00.
(4) Large livestock.
(A) 1st impound in any 12-month period: $70.00.
(B) 2nd impound in any 12-month period: $95.00.
(C) 3rd impound in any 12-month period: $120.00.
(D) 4th impound (or more) in any 12-month period: $145.00.
(e) Daily boarding fees:
(1) Animal: $7.00.
(2) Small livestock: $12.00.
(3) Large livestock: $15.00.
(f) Quarantine fees:
(1) Ten-day quarantine fee (to be paid at beginning of quarantine):
$137.00.
(2) Rabies testing in lieu of quarantine: $50.00.
(3) Specimen removal for rabies testing for other entities: $35.00.
(g) Animal surrender fee payable by owner:
(1) Single animal: $25.00.
(2) Animal with litter of three or less: $30.00.
(3) Animal with litter of four or more: $40.00.
(h) Owner-requested euthanasia fee:
(1) Animal weighing less than 20 lbs: $20.00.
(2) Animal weighing between 20 lbs and 50 lbs: $30.00.
(3) Animal weighing over 50 lbs: $40.00.
(i) Deceased animal removal fee:
(1) Animal weighing 50 lbs or less: $12.00.
(2) Animal weighing greater than 50 lbs: $15.00.
(j) Trap deposit:
(1) Small trap: $27.00.
(2) Large trap: $110.00.
(k) Miscellaneous fees:
(1) Duplicate city tag: $7.00.
(2) Microchipping: $15.00.
(3) Microchipping with purchase of a city license: $8.00.
(4) Rabies voucher: $12.00.
(5) Rabies specimen shipping: $35.00.
(6) Reapplication: $17.00.
(7) The health district is hereby authorized to pass along the cost of any
veterinary services incurred for the care of an animal to that animal's
owner, possessor, or harborer.
5. Penalty
Violations of 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.
6. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention. Those sections of this ordinance that specify they are not to be codified are
not intended to be parts of the Code of Ordinances of the City of Wichita Falls, and shall
not be codified.
PASSED AND APPROVED this the 1st day of April, 2014.
___________________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
ORDINANCE THE STATE OF TEXAS #301564
NO.10-2014
Ordinance amending COUNTY OF WICHITA
Sections 14-10 and
14-11 to the Code of
Ordinances of the
City of Wichita Falls
to provide animal
adoption policies;
amending Section On this 24th day of June 2014 A D...
48-94 to add adoption
fee; providing a pen- personally appeared eared before me,the undersigned authority
ally not to exceed PP
$500 upon conviction; Kathy Salan, Sales Assistant for the Times Publishing
and providing for
°d`ORDINANCE Company of Wichita Falls, publishers of the Wichita Falls
Ordinance"Amending Times/Record News, a newspaper published at Wichita Falls in
The Code Of Ordi-
nances Of The City Wichita County, Texas, and upon being duly sworn by me, on
Of Wichita Falls To
Add Division 6 To Ar- oath states that the attached advertisement is a true and
title III Of Chapter
14 Thereof to Regu- correct copy of advertising published in 1 day (1) issues hereof
late Breeding, Sale,
And Transfer Of on the following date:
Dogs And Cats, To
Modify Section 14-147
To Alter The Defini-
tion Of A Pet Shop, June 21,2014
To Modify Section
14-310 To Require
Spaying Or Neutering
For Retrieving Previ-
ously Reclaimed Ani-
mals,
4d Modify
Section j
Section 48-94 4 To Pro- q�/
vide Fees For Added
Permits; Providing A
Penalty Not To Ex-
ceed $500 Upon Con- Sales Assistant for Times Pub1i,. ing Company of Wichita Falls
viction; And Provid-
ing For Codification
ORDINANCE
Ordinance 17Am4nding Subscribed and sworn to before me this the day and year first above written:
Sections 106-185 and
106-186 of the Code of
Ordinances of the
City of Wichita Falls
to Establish Modified
W ater Conservation
Drought Contingency
Rules; providing a
Penalty not to exceed
$2,000 per violation;
providing for codifi-
cation; declaring an
emergency; and de- ,
claring an immediate �-
effective date r0 PAM BURKS
ORDINANCE Er * NOTARY PUBLIC
NO.26-2me
the Code amending STATE OF TEXAS
The Code of Ordi- `�T mob'
nances of the City of 9 .
Wichita Falls to •of<`* Il y Comm.EXp,03-22-2015 .`
modify Article IV of
Chapter 58 thereof,
which regulates
smoking in public
places; providing a
penalty not to exceed
$500 upon conviction;
and providing for
codification