From
Lily Yap, Animal Services Manager
Title
Ordinance amending Chapter 5 "Animal Services," of the Code of Ordinances of the City of Grand Prairie, Texas, through the amendment of Sections 5-1 "Definitions," and 5-57 "Breeding of Cats and Dogs" and the addition of Section 5-65 "Prohibited Sale of Cats or Dogs"; providing a Penalty Clause, a Savings Clause and a Severability Clause; and providing an effective date of October 1, 2020 and after publication
Presenter
Lily Yap, Animal Services Manager
Recommended Action
Approve
Analysis
Section 5-57 of the Animal Services Chapter currently provides an offense related to unplanned breeding, but provides no standards or expectations for planned breeding. This amendment updates some of the wording to make the offense of unplanned breeding more clear. It also establishes a threshold of planned breeding which requires the breeder to obtain a permit. Any person who breeds more than two litters or twelve cats or dogs in a twelve month period will be required to obtain a permit as such breeding poses an increased risk of nuisance and health and safety issues. In addition, each animal which will be used for breeding must obtain a registration certificate. Registration certificates will not be issued unless a vet verifies it is safe for the animal to be used for breeding. The registration certificate must be renewed every year to ensure the continued health of the animal. Microchips will be required for animals which will be used for breeding to assist with the identification of those animals. This ordinance provides for oversight of Commercial Breeders by City of Grand Prairie's Animal Services Department to reduce associated health, safety and welfare concerns. The proposed permit and registration process will not involve a fee, but will place the responsibility on the commercial breeder to ensure each animal being used for breeding is of proper health and pedigree. Section 5-1 adds definitions associated with the permitting and registration to the definitions currently provided in Chapter 5.
Section 5-65 will be added to limit the methods of sale pertaining to dogs and cats. These limitations will promote accountability of breeders and traffic safety by prohibiting the sale of animals in places such as public parking lots, the side of the street, and public right of ways.
Financial Consideration
None
Body
AN ORDINANCE AMENDING CHAPTER 5-ANIMAL SERVICES OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, THROUGH THE AMENDMENT OF SECTIONS 5-1 “DEFINITIONS” AND 5-57 “BREEDING OF CATS AND DOG” AND THE ADDITION OF SECTION 5-65 “PROHIBITED SALE OF CATS OR DOGS”; PROVIDING A PENALTY CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE UPON PASSAGE AND PUBLICATION
WHEREAS, the Code of Ordinances of the City provides for standards for the health, safety, and welfare of animals; and
WHEREAS, the frequency with which cats or dogs in heat can become pregnant if exposed to the opposite sex is high and can result in overpopulation
WHEREAS; overpopulation of cats or dogs can create a public nuisance and contribute to a lack of food or other health and safety issues for the animals;
WHEREAS, animal breeding can pose danger to an animal if the animal is not of sufficient health;
WHEREAS, the ordinance modification is necessary to prevent overpopulation of cats and dogs and to protect the health, safety and welfare of the animals being used for breeding and the general public;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
Section 1. That Section 5-1 (Definitions) of Chapter 5, “Animal Services”, of the Code of Ordinances of the City of Grand Prairie, Texas, is hereby amended by adding the following definitions:
“Commercial Breeder means a person who has been issued a Commercial Breeding Permit by the City of Grand Prairie Animal Services.
Registered Breeding Animal means a female cat or dog which has been issued a registration certificate authorizing the animal to be used for breeding by a Commercial Breeder. ”
Section 2. That Section 5-57 (Breeding of Cats or Dogs) of Chapter 5, “Animal Services”, of the Code of Ordinances of the City of Grand Prairie, Texas, is hereby amended to read as follows:
“Section 5-57 - Breeding of Cats or Dogs
(a) Unplanned Breeding Prevention
(1) The owner of a female dog or female cat in heat commits an offense if he/she fails to confine such animal in an anti-escape house, building, or enclosure in such a manner that the animal cannot come into contact with another animal of the same species and opposite sex. When a female cat or dog is found to be pregnant, it is presumed the owner failed to confine the animal in accordance with this provision. This provision does not apply to planned breeding.
(b) Commercial Breeding - Permit Required
(1) A person commits an offense if the person breeds cats or dogs to the extent that more than twelve (12) cats, dogs, or combination thereof or two litters of cats, dogs, or combination thereof, whichever is greater, are produced during any 12 consecutive month period without a Commercial Breeding Permit issued by Grand Prairie Animal Services.
(2) It shall be an offense for a Commercial Breeder to breed or otherwise allow a female dog or female cat in heat to come into contact with another animal of the same species and opposite sex when said female is not an Registered Breeding Animal. When female cat or dog which is owned by a Commercial Breeder and not an Registered Breeding Animal is found to be pregnant, it is presumed the Commercial Breeder violated this provision.
(3) An application for a Commercial Breeding Permit must be made on the form prescribed by the Animal Services Manager and shall include, at a minimum, the following information:
a. Applicant’s name, telephone number, and address,
b. Address where any notices related to the permit are to be sent,
c. Address of proposed location for breeding the dogs or cats,
d. A description of the species, breed, gender, age, and registration certificate number for each female animal to be used for breeding,
e. A description of the species, breed, gender, and, if applicable, microchip number for each female animal owned by the Commercial Breeder which will not be used for breeding,
f. A statement affirming that the applicant is familiar with the provisions of this chapter and will maintain all animals in accordance with all applicable legal requirements
g. A statement affirming that, upon request by the department, the applicant will make the animals, premises, equipment, and veterinary records available for inspection during business hours,
h. A statement affirming the applicant will notify Grand Prairie Animal Services, as required, of any additional female cats or dogs acquired during the term of the permit.
(4) The Animal Services Manager shall not issue a Commercial Breeding Permit if:
a. operation of commercial breeding at the proposed location would violate established zoning laws of the City of Grand Prairie,
b. the applicant or the applicant’s spouse has been found by a court of competent jurisdiction to have cruelly treated an animal, used an animal for dog or cock fighting, or been a spectator of dog or cock fighting, or
c. the applicant or the applicant’s spouse has been convicted of a violation of any provision of this chapter on two (2) or more occasions within the past twelve months.
(5) Commercial Breeding permits should be issued within ten (10) business days of receipt of the completed application including any supporting documentation required to be submitted.
(6) A permit issued under this section is issued to the individual applicant and is not transferable to another person. The permit shall be valid until revoked or surrendered. Permits may be surrendered providing written notification of the surrender to the Animal Services Manager.
(7) The Animal Services Manager may revoke a Commercial Breeding Permit in accordance with this section upon providing the permit holder written notice via certified mail, return receipt requested or electronic mail with delivery confirmation.
(8) A Commercial Breeder Permit may be revoked if,
a. the permit was issued in violation of this section;
b. the applicant or the applicant’s spouse has been found by a court of competent jurisdiction to have cruelly treated an animal, used an animal for dog or cock fighting, or been a spectator of dog or cock fighting, or
c. the applicant or the applicant’s spouse has been convicted of a violation of any provision of this chapter on two (2) or more occasions within the past twelve months.
(9) Commercial Breeders acquiring a female cat or dog during the term of a permit are required to notify Grand Prairie Animal Services of the acquisition by completing the form prescribed by the Animal Services Manager.
(c) Planned Breeding -Registration Certificate Required
(1) Every female cat or dog to be used for breeding by a Commercial Breeder shall be microchipped and registered as an Registered Breeding Animal prior to being used for breeding.
(2) The Registration Application shall be on the form prescribed by the Animal Services Manager and, at a minimum, include:
a. The name of the animal,
b. A description of the animal’s species, breed, gender, and age,
c. a signed, written letter of approval for breeding by a licensed veterinarian dated within the last 90 days,
d. records of the animal’s microchip, including the unique microchip ID, and current rabies vaccination, and
e. proof of registration with an approved national kennel club or license for breeding by Texas Occupational Code
(3) A registration certificate authorizing the animal to be used for breeding should be issued within (10) business days.
(4) The registration certificate shall authorize the animal to be used by a Commercial Breeder for breeding for a period of one year from the date of issuance unless suspended or surrendered. The Commercial Breeder may notify Grand Prairie Animal Services in writing to surrender the certificate.
(5) The registration certificate authorizing an animal to be used for breeding is automatically suspended during any period in which a licensed veterinarian determines it is unsafe for the animal to be used for breeding or the animal is subject to mandatory quarantine.
(d) Appealing Determination of Animal Services Manager
a. If the Animal Services Manager denies, fails to renew, revokes, or suspends any license, permit, or other authorization provided in this section, the person holding such license, permit, or other authorization may appeal the decision to the City Manager’s designee by filing a written appeal with the Animal Services Manager within ten (10) business days of the notice being sent. The Animal Services Manager shall forward the appeal and related documentation to the City Manager’s designee.
b. The City Manager’s Designee shall hold a hearing within ten (10) business days of the appeal being received and shall have five (5) business days after the conclusion of the hearing to render a written decision. “
Section 3. That Section 5-65 (Prohibited Sale of Cats or Dogs) is hereby added to Chapter 5, “Animal Services”, of the Code of Ordinances of the City of Grand Prairie, Texas, and shall read as follows:
“ Section 5-65 - Prohibited Sale of Dogs or Cats
(a) It shall be unlawful for any person to sell, trade, barter, lease, rent, or give away, any animal on any roadside, public right-of-way, commercial parking lot, park, or community center.
(b) It shall be unlawful for any manager, operator or property owner to allow the conduct described in subsection (a) to occur on property owned or controlled by the manager, operator, or property owner.
(c) This section shall not apply to a governmental entity or any tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals that have an active 501c3 nonprofit registration. “
Section 4. That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
Section 5. That Chapter 5, “Animal Services”, of the Code of Ordinances of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
Section 6. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
Section 7. All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
Section 8. That this Ordinance shall be and become effective October 1, 2020 and after publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS ON this the 15th day of SEPTEMBER, 2020.