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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