HomeMy WebLinkAboutOrdinance 5529 ORDINANCE NO. 5529
AN ORDINANCE TO ENACT NEW DEFINITIONS INTO §92.01
DEFINITIONS OF THE ANIMALS CHAPTER OF THE FAYETTEVILLE
CODE AND TO ENACT §92.35 MANAGED CARE OF FERAL CATS
WHEREAS, increased efforts to control feral cats and reduce their ability to reproduce is
needed in Fayetteville; and
WHEREAS, an ordinance for managed care of feral cats would improve control over
feral cats and reduce their overall number through a spay and neuter program.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts and
adds the following definitions (properly alphabetized) into §92.01 Definitions of the Animals
Chapter of the Fayetteville Code:
Eartip. A mark identifying a feral cat as having been sterilized, specifically the
removal of a quarter inch off the tip of the cat's left ear in a straight line cut
while the cat is anesthetized.
Feral cat. A cat that is not socialized to humans and is not an owned cat.
Feral cat colony. A group of feral cats that congregate together as a unit and
share a common food source.
Sterilize. To spay or neuter.
Trap, Neuter and Return Program. A program pursuant to which feral cats are
trapped, sterilized, vaccinated against rabies, eartipped, returned to the location
where they were captured and provided with long-term care by a Caretaker in
accordance with this Chapter.
Page 2
Ordinance No. 5529
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§92.35 Managed Care of Feral Cats into the Fayetteville Code as shown on Exhibit A.
PASSED and APPROVED this 2"d day of October, 2012.
APPROVED: ATTEST:
By: , u1 �.i-�BY: ajKj
N LD JO A , Mayor SONDRA E. SMITH, City Clerk/Treasurer-
01 Y
lerk/Treasurer01Y
:FAYETTEVILLE*-
EXHIBIT A
§92.35 Managed Care of Feral Cats the number of kittens born and the
number of cats and kittens adopted or
(A) Trap, Neuter and Return Program placed in foster care.
(C) Caretaker Exemption from §92.22
A Trap, Neuter and Return program (C) and(D)
is established to better control and
manage feral cats who are living in a A Caretaker of a feral cat colony who
colony cared for by a Caretaker. This is properly registered with the approved
program will not be in effect until it is Animal Welfare Organization and in
sponsored and managed by a non-profit compliance with all Caretaker duties
Animal Welfare Organization approved stated above shall be exempt from §92.22
by the Fayetteville Animal Services Running at Large Prohibited subsections
Program. This sponsoring organization (C) and (D) only for allowing properly
shall supervise the Caretakers and managed feral cats from running at large.
ensure the Caretakers perform all duties Any such feral cat which is running at large
imposed upon them by §92.35 (B). This within Fayetteville and is a nuisance or
approved Animal Welfare Organization problem for neighbors may be trapped or
shall report annually to Animal Services caught by Animal Services officers,
concerning the status and population of impounded and dealt with as any other cat
all registered feral cat colonies including or dog captured while running at large
the total number of managed cats and would be handled. Such exemption ends if
the number of cats and kittens sterilized, the Caretaker's status is revoked or
vaccinated and/or placed for adoption. abandoned.
(B) Caretaker Duties (D) Loss of Caretaker Status
A Caretaker of a feral cat colony (1) If a Caretaker fails to
shall regularly provide food, water and adequately perform the duties required by
shelter for the cats in his or her feral cat (B), the Animal Welfare Organization shall
colony. The Caretaker shall make report this failure to Animal Services which
reasonable efforts to: may revoke all of the Caretaker's rights to
care for the feral cat colony and the
(1) trap all cats so they can be exemption from §92.22 (C) and (D). If the
sterilized, vaccinated, and ear-tipped by Caretaker disputes the grounds for
a veterinarian; revocation of his or her Caretaker status,
(2) recapture all cats to update the Caretaker can appeal in writing within
rabies vaccinations as required by state three business days to the Community
law; Services Director who shall conduct a
(3) register all feral cats with the hearing during which the Caretaker can
sponsoring Animal Welfare Organization explain why his or her Caretaker's status
and maintain medical records for all should not be revoked. The Director shall
cats; then make a final determination whether or
(4)find adoptive or foster homes not to revoke the Caretaker's status.
for any kittens born to the feral cats of
the colony; (2) If a person desires to be
(5) report annually in writing the released from Caretaker duties, the person
total number of feral cats in the colony, shall immediately notify the Animal Welfare
the number sterilized and vaccinated, Organization who shall notify the City's
Animal Services Program, which shall status and the duties and exemption
release and revoke the person's Caretaker thereunder.
GJcx
' §
AGENDA REQUEST
FOR: COUNCIL MEETING OF SEPTEMBER 189 2012
FROM:
ALDERMAN BRENDA BOUDREAUX
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Enact New Definitions Into §92.01 Definitions Of The Animals
Chapter Of The Fayetteville Code And To Enact §92.35 Managed Care Of Feral Cats
APPROVED F R AGENDA:
ren OUdreaux Dat 09-11-12P03 47 RCVD
Alderman
ze,
City ttorney Date
(as to form)
aye LVII91C Departmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
City Council Jason B.Kelley
Assistant City Attorney
CC: Jeremy Pate, Development Services Director
Yolanda Fields, Community Services Director
Justine Middleton, Animal Services Superintendent
FROM: Kit Williams, City Attorney
DATE: September 6, 2012
RE: Control of feral cat population
Animal Services has looked at how some other cities have attempted to
better control and manage their feral cat population. The key is to prevent
breeding in the most effective manner possible. A trap, neuter and return program
appears to be the best solution. Accordingly, we have drafted the proposed new
code section which authorizes such a program in Fayetteville if an Animal Welfare
Organization volunteers to administer the program.
This ordinance was scheduled and heard at the Ordinance Review
Committee with myself, Yolanda Fields, Justine Middleton, Dr. James Robb and
other staff present to discuss the problem of feral cats and this potential new way to
control their population. Several audience members also spoke about this issue
and supported this new ordinance.
Since the Ordinance Review Committee did not have a quorum, no official
vote in support of this ordinance could be taken. However, Chairman Brenda
Boudreaux examined the ordinance, questioned staff and indicated her personal
support for the ordinance to enact a trap, neuter and return program for
Fayetteville.
a e evi le THE CITY OF FAYETTEVILLE,ARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Yolanda Fields, Dir. Community Ser
From: Justine Middleton, Animal Services Supe ntende
Date: August 30,2012
Subject: New Ordinance for the managed care of feral cats
PROPOSAL:
Allowing for the managed care for existing feral cats is a topic that has arisen repeatedly at the Animal Services
Advisory Board. The main purpose behind allowing such activity is to humanely reduce the population of feral
cats that otherwise goes largely unchecked. Currently, Animal Services will trap ferals cats on a strictly
complaint driven basis. Those cats that are deemed feral are held the required five days and then euthanized.
There is no evidence that this is curbing the feral cat population in any way.
Having a structure in place to allow for well organized management of feral cats through a trap, neuter, and
return (TNR) program will eventually lead to a natural reduction in the number of feral cats as well as an
increase in their current quality of life. Both the Humane Society of the United States and the American Society
for the Prevention of Cruelty to Animals endorse trap,neuter, return program. These types of programs are also
highly touted by no kill advocates.
The proposed ordidnance is crafted in a way that will allow for TNR activities to be underwritten by a
sponsoring Animal Welfare Organization (i.e. a third party non-profit) with the day to day management being
given by volunteer caretakers. Animal Services will preform quarterly inspections of each designated colony to
ensure compliance with the requirements of the ordinance.
RECOMMENDATION:
Staff endorses this new ordinance as another step in lowering the euthanasia rate at the Animal Shelter in
addition to a more effective and humane means of controlling the existing feral cat population in Fayttcville.
BUDGETIMPACT•
N/A
ORDINANCE NO.
AN ORDINANCE TO ENACT NEW DEFINITIONS INTO §92.01
DEFINITIONS OF THE ANIMALS CHAPTER OF THE FAYETTEVILLE
CODE AND TO ENACT §92.35 MANAGED CARE OF FERAL CATS
WHEREAS, increased efforts to control feral cats and reduce their ability to reproduce is
needed in Fayetteville; and
WHEREAS, an ordinance for managed care of feral cats would improve control over
feral cats and reduce their overall number through a spay and neuter program.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts and
adds the following definitions (properly alphabetized) into §92.01 Definitions of the Animals
Chapter of the Fayetteville Code:
Eartip. A mark identifying a feral cat as having been sterilized, specifically the
removal of a quarter inch off the tip of the cat's left ear in a straight line cut
while the cat is anesthetized.
Feral cat. A cat that is not socialized to humans and is not an owned cat.
Feral cat colony. A group of feral cats that congregate together as a unit and
share a common food source.
Sterilize. To spay or neuter.
Trap, Neuter and Return Program. A program pursuant to which feral cats are
trapped, sterilized, vaccinated against rabies, eartipped, returned to the location
where they were captured and provided with long-term care by a Caretaker in
accordance with this Chapter.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§92.35 Managed Care of Feral Cats into the Fayetteville Code as shown on Exhibit A.
PASSED and APPROVED this 18`h day of September, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT A
"§92.35 Managed Care of Feral Cats
(A) Trap, Neuter and Return Program
A Trap, Neuter and Return program is established to better control and manage feral
cats who are living in a colony cared for by a Caretaker. This program will not be in
effect until it is sponsored and managed by a non-profit Animal Welfare Organization
approved by the Fayetteville Animal Services Program. This sponsoring organization
shall supervise the Caretakers and ensure the Caretakers perform all duties imposed upon
them by §92.35 (B). This approved Animal Welfare Organization shall report annually
to Animal Services concerning the status and population of all registered feral cat
colonies including the total number of managed cats and the number of cats and kittens
sterilized, vaccinated and/or placed for adoption.
(B) Caretaker Duties
A Caretaker of a feral cat colony shall regularly provide food, water and shelter for
the cats in his or her feral cat colony. The Caretaker shall make reasonable efforts to:
(1) trap all cats so they can be sterilized, vaccinated, and ear-tipped by a
veterinarian;
(2) recapture all cats to update rabies vaccinations as required by state law;
(3) register all feral cats with the sponsoring Animal Welfare Organization and
maintain medical records for all cats;
(4) find adoptive or foster homes for any kittens born to the feral cats of the
colony;
(5) report annually in writing the total number of feral cats in the colony, the
number sterilized and vaccinated, the number of kittens born and the number of
cats and kittens adopted or placed in foster care.
(C) Caretaker Exemption from x'92.22 (C) and(D)
A Caretaker of a feral cat colony who is properly registered with the
approved Animal Welfare Organization and in compliance with all Caretaker
Duties stated above shall be exempt from §92/22 Running at Large Prohibited
subsections (C) and (D) only for allowing properly managed feral cats from
running at large. Any such feral cat which is running at large within
Fayetteville and is a nuisance or problem for neighbors may be trapped or caught
by Animal Services officers, impounded and dealt with as any other cat or dog
captured while running at large would be handled. Such exemption ends if the
Caretaker's status is revoked or abandoned.
(D) Loss of Caretaker Status
(1) If a Caretaker fails to adequately perform the duties required by(B), the Animal
Welfare Organization shall report this failure to Animal Services which may revoke
all of the Caretaker's rights to care for the feral cat colony and the exemption from
§92.22 (C) and (D). If the Caretaker disputes the grounds for revocation of his or
her Caretaker status, the Caretaker can appeal in writing within three business days
to the Community Services Director who shall conduct a hearing during which the
Caretaker can explain why his or her Caretaker's status should not be revoked. The
Director shall then make a final determination whether or not to revoke the
Caretaker's status.
(2) If a person desires to be released from Caretaker duties, the person shall
immediately notify the Animal Welfare Organization who shall notify the City's
Animal Services Program, which shall release and revoke the person's Caretaker
status and the duties and exemption thereunder.
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
CHAPTER 92 ANIMALS
ARTICLE I Harbor. For a period of three days or more,to keep
GENERAL PROVISIONS and care for an animal or provide a premises to which
the animal returns.
92.01 Definitions Kennel means a structure or facility used for the
For the purpose of this chapter the following definitions purpose of breeding two or more litters of puppies or
shall apply unless the context clearly indicates or kittens within any twelve month period. A facility used
requires a different meaning. for commercially boarding more than three dogs or cats
Abandon. Any person who knowingly deserts an or.combination thereof at any time shall be considered a
animal on public or private property. 'Kennel'.
Animal.Any living creature,domestic or wild. Locked Enclosure. A fence or pen, or structure with
all gates or entrances locked with a key or combination
Animal shelter. Any facility operated by a humane' device. The structure forming or causing an enclosure
society,municipal agency or its authorized agent(s)for of sufficient strength or construction to contain the
the purpose of impounding or caring for animals held specific animal and prevent the animal from escaping.
under the authority of this chapter or state law. Microchip. An identifying integrated circuit placed
At large.Not underthe physical control of the animal's under the skin of a dog or cat for purposes of identifying
owner or harborer, or his authorized representative, the owner of the animal.
either by leash,trolley system,or enclosure. An animal Noisy Animals. Any domestic animal which barks,
intruding upon or damaging the property of another whines, or howls in an unwarranted, or continuous, or
person or upon public property, trespassing on school loud, or frequent fashion.
grounds, harassing passersby or passing vehicles, or
interfering with refuse collection, harassing meter pet Shop means a commercial establishment or
readers and not under the physical control referred to facility which regularly sells pets such as dogs, cats,
herein shall be deemed "running at large."An animal birds,rodents,reptiles and/or fish to the general public.
within an automobile or other vehicle shall not be Pet Shops are only allowed in C-1,C-2,C-3,Downtown
deemed "running at large" if the animal is physically
confined to the vehicle. An animal shall not be Core, Mainstreet Center, Downtown General and by
considered "at large" when on the premises of the Conditional Use in R-OCenter,
Districts
owner or harborer thereof and accompanied by the Restrained. Any animal,secured by leash and under
owner or harborer. the control of owner or harborer. At public events of 100
Cat.A feline of either sex, including one neutered or persons or more,leashes shall be a maximum length of
sterilized. 6 feet. The animal must be within 4 feet of the owner or
harborer.
City.City of Fayetteville,Arkansas. Special Event. A specified or designated public
Dangerous Animal. Any animal which, when occurrence, affair, or event at which more than three
unprovoked, approaches in a manner of attack any hundred(300)persons are reasonably expected by the
person or domestic animal upon the streets,sidewalks, organizer or sponsor thereof to be in attendance.
or any other public ground or place. Sterilize means to surgically alter an animal so that it
Dog.A canine of either sex,including one neutered or cannot reproduce.
sterilized. Tether.A rope,chain,or cable of appropriate strength
Enclosure. A fence or pen, or structure formingor that is firmly anchored to the bed of an open bed pickup
causing an enclosure of sufficient strength or truck or similar vehicle in at least two places.Tether is
construction to contain the specific animal and prevent to be used to restrain the animal and fastened to the
the animal from escaping. Owners confining dogs or animal by means of a harness or collar and to be the
cats by means of an enclosure must provide a minimum appropriate length as to afford the animal freedom to
space of 100 square feet(10x10)per dog or cat four(4) move about the vehicle, but to restrict the animal to a
months of age or older. set radius to prevent it from reaching either side or the
rear of the vehicle so that the animal cannot be thrown
, .. CD92:3
