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20-H-06 - Amending Chapter 14 - Animal Control mandatory Microchipping regulationsORDINANCE NO. 20-H-06 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING CHAPTER 14- ANIMAL CONTROL, OF THE CODE OF ORDINANCES; PROVIDING FOR MANDATORY MICROCHIPPING REGULATIONS FOR DOGS AND CATS; THEREFORE REMOVING THE REQUIREMENT FOR AN ANNUAL CITY LICENSE FOR DOGS AND CATS; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz, Texas is a Home Rule Municipality acting under authority of its Charter and laws of the State of Texas; and WHEREAS, the City of Schertz, Texas has adopted animal control regulations, which are codified in Chapter 14 of the Code of Ordinances; and WHEREAS, the City Council wishes to amend the existing animal control regulations to improve the overall quality of animal services within the community; and WHEREAS, the City Council finds that adopting this Ordinance serves the best interests of the City and health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 2. Chapter 14 of the City of Schertz Code of Ordinances is hereby amended as set forth in the attached Exhibit A, attached hereto and incorporated herein. Section 3. All Ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 7th day of April 2020. PASSED AND APPROVED ON THE SECOND READING THE 14TH day of April 2020. Ma alp] utierrez ATTEST: City Secretary, Brenda Dennis EXHIBIT A NOTES FOR CODIFICATION SERVICE: AMEND CHAPTER 14, ANIMAL CONTROL AS PROVIDED BELOW. DELETIONS ARE NOTED AS STRIKETHROUGH AND ADDITIONS ARE NOTED AS UNDERLINED: City of Schertz MANDATORY ANIMAL MICROCHIPPING Add the following definition to section 14 -1 Sec. 14 -1. - Definitions. For purposes of this Chapter, the following terms, words, and the derivation thereof shall have the meaning given herein. Microchip: is a permanent method of electronic identification that is implanted subcutaneously jjust under the skin) between the shoulder blades at the back of an animals neck. A microchip has a unique number that is detected using a microchip scanning device. Microchip p ed: shall mean an animal that: (1) has a microchip implanted: and (2) the animal, owner and microchip are registered with a national microchip rep itry. Registered Microchip: shall mean a microchip that is registered with a companv, organization or non-profit group that maintains microchip registration information, which includes identifying and contact information for animal owners. Article III. D MICROCHIPPING AND PERMITS Sec. 14 -4. - -Dog and Cat Microchinuing Required inelude the name and addfoss of the applioant, deser-iption of the animal, and have (a) All residents of the City of Schertz shall have their dog(s) and cat(s) implanted with a reg, istered microchip. (b) Newborn dog(s) and cat( s) must be implanted with a registered microchip before the animal attains four (4) months of age. (c) Newly acquired dog(s) and cat(s) must be implanted with a registered microchip within 30 days s of ownership. (d) New residents of the City of Schertz shall have their dog(s) and cat(s) implanted with a registered_ microchip within 30 days of moving to the city. if the animal is not already microchip, red. If the animal is already microchipped. the owner shall update their contact_ information. fills" 'o 111 -11 f 11M.- M , INN (a) All residents of the City of Schertz shall have their dog(s) and cat(s) implanted with a reg, istered microchip. (b) Newborn dog(s) and cat( s) must be implanted with a registered microchip before the animal attains four (4) months of age. (c) Newly acquired dog(s) and cat(s) must be implanted with a registered microchip within 30 days s of ownership. (d) New residents of the City of Schertz shall have their dog(s) and cat(s) implanted with a registered_ microchip within 30 days of moving to the city. if the animal is not already microchip, red. If the animal is already microchipped. the owner shall update their contact_ information. (e) An animal is exempt from this requirement if it is determined to be medically unsuitable for microchipping by a licensed veterinarian, in writing,. provided that: i. The animal is determined to be medically unsuitable for microchipping, the owner shall have the animal permanently marked with an identifying tattoo attoo by- a licensed veterinarian, and ii. Proof of medical unsuitability for microchipping along; with the identifYing, tattoo number and owner's or keeper's name, address and telephone number is provided to Schertz Animal Services within thirty (30) days of tattooing; and• iii. If there is a chang a in contact information, the owner or keeper of a tattooed animal shall update the contact information with Schertz Animal Services within thi ny ( 30) days of the date of the change in contact information and: iv. If there is a change in ownership of a tattooed animal, the previous owner or keeper shall be responsible for notifying Schertz Animal Services of the change within thirty (30) days of the date of change in ownership, and v. If they reside in the City of Schertz. the new owner or keeper shall be responsible for providing Schertz Animal Services with the new owner's or keeper's name, address and telephone number within thirty (3 0) days after the change in ownershi . (f) If there is a change in ownership of a microchipped animal, the previous owner shall be responsible for ensurim, that the microchip is no longer re i stered in the previous owner's name within thirty (30) days of the date of change in ownership. (g) Any person who violates any of the provisions of this chapter shall be subject to the enforcement and penally provision provided for in Article X. — Special Provisions. (h) It is a defense to prosecution under this section that: At the time of the offense the person was using the dog or cat in a researchprogz-am at an institution of hither education, which is accredited by the American Association for the Accreditation of Laboratory Animal Care: or ii. The dot; or cat is being fostered by the residents and has a microchip that is registered to the organization responsible for the animal. iii. The dog or cat owner is a nonresident of this city and is keeping* the animal in the city for fewer than thirty (30) days; or iv. The dog or cat owner has been a resident of this ciry for fewer than thirty ( 30) da or The dog or cat had been abandoned or lost and the temporary owner has had the animal for fewer than thirty (30) days. (i) It shall be an affirmative defense_ to prosecution under this section that the animal is a feral cat in the city's tray, neuter and return pronram.