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Home My WebLink AboutCC 2013-04-08 Agendas a CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 8, 2013 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss the Scheduling of the May 27 Council Meeting (5 Minutes) A.2 Discuss Revisions to Chapter 14 of the Code of Ordinances and Appendix A - Animals (15 Minutes) A.3 Discuss Revisions to Chapter 118, Article VIII of the Code of Ordinances (Fencing and Screening Regulations). (15 Minutes) A.4 Gas Well Annual Permit Fee (20 Minutes) A.5 Discuss possible zoning text revision to clarify commercial zoning district nomenclature. (5 minutes) 13.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentive in Northeast Sector of City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richlan Hills, Texas in compliance with Chapter 551, Texas Government Code on April 5, 2013 at 3- dPfi , City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda —April 8, 2013 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 8, 2013 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilwoman Wright Oujesky A.2 Pledge - Councilwoman Wright Oujesky A.3 Special Presentation(s) and Recognition(s) - Presentation of the Texas Gold Medal Award to Parks and Recreation A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. City Council Agenda —April 8, 2013 Page 2 of 4 B.1 Approval of Minutes of March 25, 2013 City Council Meeting B.2 Award Bid # 13 -012 for Aquatic Chemicals to DCC Inc. and Valley Solvents & Chemicals in an Amount Not To Exceed $98,126 B.3 Authorize the Award of Contract for the Construction of the John Barfield and Calloway Branch Hike and Bike Trails to 2L Construction LLC, in the amount of $2,693,006.40 B.4 Authorize Payment to Motorola Solutions, Inc. in the amount of $103,938.98 for the purchase of Emergency Public Safety radios as part of the regular replacement process of the radio fleet and for the Public Safety replacement vehicles C.0 PUBLIC HEARINGS C.1 Public Hearing and Consideration of Ordinance Adopting Youth Programs Standards of Care - Ordinance No. 3245 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. F.1 Consider Approval of a Resolution Supporting the Birdville Independent School District Bond Referendum - Resolution No. 2013 -013 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Barth H.2 Adjournment All items on the agenda are for discussion and /or action. City Council Agenda — April 8, 2013 Page 3 of 4 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 5, 2013 at City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — April 8, 2013 Page 4 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 8, 2013 5:3!0 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss the Scheduling of the May 27 Council Meeting (5 Minutes) A.2 Discuss Revisions to Chapter 14 of the Code of Ordinances and Appendix A - Animals (15 Minutes) A.3 Discuss Revisions to Chapter 118, Article VIII of the Code of Ordinances (Fencing and Screening Regulations). (15 Minutes) A.4 Gas Well Annual Permit Fee (20 Minutes) A.5 Discuss possible zoning text revision to clarify commercial zoning district nomenclature. (5 minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentive in Northeast Sector of City C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 5, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 8, 2013 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilwoman Wright Oujesky A.2 Pledge - Councilwoman Wright Oujesky A.3 Special Presentation(s) and Recognition(s) - Presentation of the Texas Gold Medal Award to Parks and Recreation A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 25, 2013 City Council Meeting B.2 Award Bid # 13 -012 for Aquatic Chemicals to DCC Inc. and Valley Solvents & Chemicals in an Amount Not To Exceed $98,126 B.3 Authorize the Award of Contract for the Construction of the John Barfield and Calloway Branch Hike and Bike Trails to 2L Construction LLC, in the amount of $2,693,006.40 B.4 Authorize Payment to Motorola Solutions, Inc. in the amount of $103,938.98 for the purchase of Emergency Public Safety radios as part of the regular replacement process of the radio fleet and for the Public Safety replacement vehicles ,01$ = as] :jI[*l:I :WA Ia- ll►[ems C.1 Public Hearing and Consideration of Ordinance Adopting Youth Programs Standards of Care - Ordinance No. 3245 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. F.1 Consider Approval of a Resolution Supporting the Birdville Independent School District Bond Referendum - Resolution No. 2013 -013 IC1111111111100100m] 10 =11 EM 106] G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Barth H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 5, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6080 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State gar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North. Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 8, 2013 5:3!0 P.M. A.0 Discuss Items from Reaular Citv Council Meetina A.1 Discuss the Schedulina of the Mav 27 Council Meetina (5 Minutes) A.2 Discuss Revisions to Chapter 14 of the Code of Ordinances and Appendix A - Animals (15 Minutes) A.3 Discuss Revisions to Chapter 118, Article VIII of the Code of Ordinances (Fencing and Screenina Reaulations). (15 Minutes) A.4 Gas Well Annual Permit Fee (20 Minutes) A.5 Discuss possible zonina text revision to clarify commercial zonina district nomenclature. (5 minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Reaardina Economic Development Incentive in Northeast Sector of Citv C.0 Adiournment NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject Agenda Item No. A.0 Discuss Items from Regular City Council Meeting NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject Agenda Item No. A.1 Discuss the Scheduling of the May 27 Council Meeting (5 Minutes) Presenter: Patricia Hutson, City Secretary Summarv: Council needs to consider rescheduling the May 27, 2013 Council meeting due to the Memorial Day holiday. General Descrirstion: The second Council meeting in May is the Memorial Day holiday. Staff is requesting direction from Council on their desire to reschedule or cancel the May 27 meeting. If Council would like to reschedule the meeting, Council concurrence on a meeting date is needed. After a consensus has been reached, Staff will ,place an action item on the next agenda for Council to formally reschedule or cancel the meeting. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.2 Discuss Revisions to Chapter 14 of the Code of Ordinances and Appendix A - Animals (15 Minutes) Presenter: Chun Mezger, Humane Services Supervisor Summarv: Staff is recommending an amendment to Chapter 14 — Animal Ordinance and Appendix A. A large portion of the amendments deal with house cleaning items such as adding new definitions for people who foster animals within our city, placing a limit on the number that they can foster at one time and recognizing ferrets as a domestic animal. The major change to the ordinance deals with Dangerous Dogs. The terms `registerable' and `non registerable' have been removed. The proposed ordinance will view a dog as either dangerous or not dangerous and will include attacks on animals, as well as humans, as part of the definition. The current ordinance does not address attacks on another animal unless the other animal is killed. Also, dogs that have been deemed dangerous by another city will not be allowed to reside in North Richland Hills. The registration fee for a dangerous dog is proposed to increased from $63 to $600 to ensure that residents who keep a dangerous dog in North Richland Hills are fully committed to maintaining the associated safeguards and requirements. Staff has also surveyed the fees of neighboring cities and is proposing a few increases to bring our fees in line with the average. Staff is also recommending an increase in the adoption fee to recoup some of the associated medical expenses. General Description: The following recommended changes are being presented for discussion and input from council. 1. Definitions for adequate shelter, animal, breeder, class D non - profit rescue permit, foster, foster animal, fowl, local rabies control authority, livestock and rescue /placement group were added for clarification purposes. 2. Ferrets will be recognized as domestic animals, thus requiring ferret owners to provide proof of rabies vaccinations and city registrations. Ferrets would also be subject to all impoundment, boarding and quarantine fees that currently pertain to dogs and cats. Our current ordinance does not recognize ferrets as domesticated animals. 3. All traps must be humane and commercially designed so that they can be safely serviced by humane officers. If the humane officers cannot safely access the traps then the citizen will be responsible for contacting a company that will humanely remove the trapped animal. 4. The major ordinance amendment deals with Article VII pertaining to dangerous dogs. The terms `registerable' and `non registerable' have been removed. The proposed ordinance will view a dog as either dangerous or not dangerous and will include attacks on animals, as well as humans, as part of the definition. The current ordinance does not address attacks on another animal unless the other animal is killed. Dangerous dogs will be defined as 1) any dog that makes an unprovoked attack outside of its enclosure on a person or other animal that causes bodily injury or 2) any dog that commits an unprovoked act outside of its enclosure and those acts cause a person to reasonably believe the dog will attack and cause bodily injury to that person, their pet or livestock. The process for declaring a dog dangerous has not changed, however, we have added an additional option, which would allow the owner to remove the animal from the city. The options are as follows: 1) declare the dog not a dangerous dog and order the dog returned to the owner, 2) declare the dog dangerous and order the dog owner to comply with certain State Law requirements, 3) order the dog to be humanely euthanized, or 4) order the dog to be micro- chipped and removed from the city. Also, dogs that have been deemed dangerous by another city will not be allowed to reside in North Richland Hills. The registration fee for a dangerous dog will be increased from $63 to $600 to ensure that residents who keep a dangerous dog in North Richland Hills are fully committed to maintaining the associated safeguards and requirements. 5. After a survey of neighboring cities, a couple of increases are being recommended to bring our fees in line with the average of the cities surveyed such as increasing altered impound fee to $40 and increasing the quarantine fee per night to $29. Staff is also recommending an increase in the adoption fee to recoup some of the associated medical expenses. 6. Chapter 14, article XIII deals with estrays (livestock) and would prohibit the keeping of swine in our city. Livestock and fowl would only be permitted in agricultural or R -1 -S zoning. 7. The addition of a class D non- profit rescue permit would allow staff to regulate the number of animals a person who is fostering animals for a rescue /placement group can have at any one time on their property. Five animals would be allowed per permit and more than one permit may be applied for. Staff can deny or revoke any permit based on failed inspections, ordinance violation of other sections and/or validated complaint(s). The permit holder would have to show proof that they are with a creditable organization and would have to provide proof of rabies vaccinations for each pet. This permit will allow staff to inspect the premises and monitor the wellbeing of the animals in foster care. 1M]IMail1 ORDINANCE NO. 3235 AN ORDINANCE AMENDING CHAPTER 14 AND APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE REGULATION OF ANIMALS, INCLUDING DANGEROUS DOGS; ESTABLISHING FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that the current ordinance regulating animals, including dangerous dogs, should be amended and clarified; and WHEREAS, Chapter 822 of the Texas Health and Safety Code provides for the regulation of dangerous dogs and dogs that cause the death or serious bodily injury to a person; and WHEREAS, Chapter 822 allows municipalities to place additional and more stringent requirements on dangerous dogs, provided such requirements on dangerous dogs are not breed specific; and WHEREAS, the City Council finds that regulations addressing these concerns are in the best interest of the health, safety and welfare of the citizens of North Richland Hills, Texas; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: Chapter 14 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended to read as follows: "ARTICLE I. - IN GENERAL Sec. 14 -1. - Purpose. The animal regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City. This chapter contains standards regulating the use, type, location, maintenance, registration, confinement, euthanasia and harboring of certain animals. The intent of the regulations, . prohibitions, and provisions is to protect values within the City, to enhance the quality of Page 1 113 IM ail 1 life of persons, pets, and other animals, and to protect the general public from damage and injury that may be caused by unregulated animals. See. 14 -2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate shelter means a structure that provides the animal with protection fiom the elements and shall include but not limited to (3) three secure sides attached to a secure roof and floor. The floor shall be such to provide the animal additional protection from the elements. Animal means a living creature, including but not limited to any stray or feral cat or dog, or wild living creature previously captured. Animal adoption and rescue center means a facility designated and operated by the City for the purpose of impounding and caring for animals held under authority of this chapter. Animal dealer means any person engaging in the business of buying and/or selling any animal or animals for the purpose of resale to pet shops, research facilities, another animal dealer, or to any other individual or individuals other than the sale of an occasional litter or animal on a random basis, including the sale of any animal from any roadside stand, booth, flea market, internet site or other temporary site. persons buying or selling animals for, and destined for, human consumption, are not included in this definition. Boarding /riding stables means any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee. Boarding kennel or cattery means any establishment where dogs, cats, puppies, or kittens are kept for the primary purpose of boarding for any part of a 24 -hour period. This does not include veterinary clinics where boarding is offered in addition to clinical services or grooming facilities where boarding is not offered overnight. Breeder means any person engaged in the business of breeding those animals for direct or indirect sale or exchange in return for considerations and the person sells, exchanges or offers to sell more than 10 animals in a calendar year. Class A kennel or cattery means any establishment where dogs and/or puppies or cats and/or kittens are kept for the primary purpose of breeding, buying or selling such animals and which establishment is so constructed that the dogs, puppies, cats and/or kittens cannot escape or cause a nuisance to the community. license shall apply to up to Page 2 113 ItA► ail 1 five dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dogs or cats. Dependent on the approval of the neighborhood services director or their designated agent, there may be limitations on number of animal housed on premises. Class B kennel or cattery means any establishment where dogs, puppies, cats, or kittens are kept for the primary purpose of showing (including, but not limited to, field trial competition, hunting trial competition, herding competition, conformation and obedience competition) and which establishment is so constructed that the dogs, puppies, cats and kittens cannot stray therefrom. The primary purpose shall be determined by verifying the participation of one or more of the housed animals in a sanctioned competition in the preceding 12 months. The license shall apply to up to five animals. Animals in excess of five shall be licensed individually. Class C kennel means any establishment where dogs or puppies are kept for the primary purpose of training for guard, sentry, field, or obedience, whether gratuitously or for a fee. A Class C kennel may also offer boarding services if the boarding occurs at the same location with no additional boarding kennel license required.. Class D non profit rescue or cattery means any establishment where dogs and/or puppies or cats and/or kittens are kept for the primary purpose of adoption through an established rescue /placement group and which establishment is so constructed that the dogs, puppies, cats and/or kittens cannot escape or cause a nuisance to the neighborhood. License shall apply to up to ten dogs or cats and shall require an additional Class D non profit rescue or cattery license for each increment of up to ten dogs or cats. Dependent on approval of neighborhood services director or their designated agent, there may be limitations on number of animals housed on premises. Collar means any collar constructed of nylon, leather, or similar materials, specifically designed to be used for a dog, cat or ferret. Dangerous animal means any warm blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the state department of health. A dangerous animal includes any hybrid animal or any pet wildlife which has attacked a human, killed or maimed a domestic animal or a permitted restricted animal as referred to in article VIII of this chapter, or which is apprehended or observed unrestrained. However, this definition shall not apply to dangerous dogs as addressed in article VII of this chapter. "Dangerous dog is a dog that:. (1) Makes an unprovoked attack on a person, pet animal, livestock or other animal that causes bodily injury and occurs in a. place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or Page 3 I!]IMailN (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person, their pet, livestock or fowl." Doniestie animal means any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period. Estrgy means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, j ennet, hog, pig, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle. Exotic livestocklratites means any species classified as exotic livestock by the state animal health commission. Exotic species means any animal born or whose natural habitat is outside the continental United States excluding nonvenomous reptiles and fish. Financial Responsibility means financial documents showing $100,000 or more in cash to cover damages resulting from an attack by the dangerous dog. Foster means a person who is entrusted with the care and wellbeing of an animal from the animal adoption & rescue center, an animal shelter or a rescue/placement group until the animal can be adopted. Fostered animal means any animal placed in the temporary custody of the adopter until the animal is deemed ready to be surgically altered, vaccinated and adopted. The animal remains the property of the organization from which it is being fostered from. Fowl means all of those birds commonly called poultry, including but not limited to chickens, turkeys, geese, ducks, doves, guineas, swans, peafowl, pigeons and all the relatives of those buds which can be kept in pens, coops, cages or enclosure of any kind. Harboring means the act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten days or longer. Huniane officer means a person designated by the City as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of sections of the state statutes pertaining to the care and control of animals. Local Rabies Control Authority (LRC,4) means the position determined by City Council to among other duties enforce local and state nileslordinances that comprise the minimum Page 4 113 ItA► ail 1 standards for rabies control and enforce the rules for rabies quarantine as provided in Section 826.045. Livestock animal means cattle, sheep, swine or goats commonly raised for human consumption; a horse, pony, mule, donkey, or hinny; native or nonnative hoofstock raised under agriculture practices. Multiple cat household means a private owner of more than four cats kept exclusively indoors as companion animals. Multiple pet household means a private owner of more than three cats and two dogs or two cats and three dogs where all conditions set out in article XIV, division 4, of this chapter are met.. Permit is required. (honer means any person who; owns or has lawful custody or control of an animal. Pet animal means, and shall include dogs, cats, rabbits, rodents, birds, nonpoisonous reptiles, and other species of animals which are sold or retained as household pets but shall not include skunks, ferrets, nonhuman primates, and any other species of wild, exotic, or carnivorous animals that are susceptible to rabies, but not animals that may be vaccinated for rabies, and that may be further restricted in this chapter. Pet shop means any person or establishment ui the business of breeding, buying, selling at retail or as a broker of animals of any species for profit - making purposes. Poultry means all domesticated foul and all game birds which are legally kept in captivity except those classified as exotic livestock/ratite as defined above. Proper enclosure means a house or a building, or The structure /pen must also have minimum dimensions of five feet by ten feet. The structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides, a secured top and the structure/pen must be attached to a concrete slab to prevent the dangerous dog from escaping from the enclosure. The structure/pen shall provide adequate shelter and protection from the elements for the animal. The structure/pen must also be enclosed within a secure fence of at least six feet in height and of durable construction. The humane division may require additional accommodations if the need is demonstrated. Properly fitted means, with respect to a collar, a collar that measures the circumference of an animal's neck plus at least one inch as to prevent escape from the collar. Quarantine by owner. Following are required: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten days. Page 5 1M]IMail1 (2) If maintained outside, animal must be behind a fence from which it cannot escape from or inside a covered pen or kennel from which it cannot escape. (3) Animal must be kept away from other animals and people except those in the immediate household. (4) Animal may not be removed from the corporate city limits while under quarantine. (5) Owner shall notify the humane division immediately if the animal becomes sick or displays any behavioral changes, dies or disappears. (6) Owner shall not subject the animal to any medical procedure without first notifying the humane division, this too includes any vaccination. Rabies vaccination means the vaccination of a dog, cat or ferret with an anti- rabies vaccine approved by the state department of health and administered by a veterinarian licensed by the state. Rescuefplacement group means an organization dedicated to pet adoptions where animals among other requirements are surgically altered and vaccinated as part of the adoption process. Restraint means a chain, rope, tether, leash, cable, or other device that attaches to an animal to keep an animal from running at large. Invisible fencing, remote control collars, . voice commands are not recognized as proper restraints for animals. Running at large. An animal shall be considered running at large: (1) Off premises. Any animal which is not restrained by means of a leash, . chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off premises. (2) On premises: a. Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. b. An animal intruding upon the property of another person other than the owner's shall be termed "at large." Page 6 1M]IMail1 C. Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals. Serious injury means bodily injury caused by an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal, and shall include bodily injury resulting from victim, whether human or animal, attempting to escape or prevent contact with an injurmi g animal. Severe attack means an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack. Stray animal means any animal, for which there is no identifiable owner or harborer, . which is found to be at large within the corporate limits of the City. Theatrical exhibition means any exhibition or act featuring "performing animals" Such exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or sanctioned by the humane division, American Kennel Club, the United States Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, or any affiliate thereof, nor shall it include any primary horse show. Unprovoked means, with respect to an attack by an animal, that the animal was not hit, kicked, or struck by a person with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person. Veterinarian means any practitioner of veterinary medicine licensed by the state to practice in the state. Wild animal means an animal which retains its wild nature or is not normally considered domesticated including, but not limited to, the following: (1) Class Reptilia: Family Helodermatidea (the venomous lizards); family Viperidea (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae Dispholidus typus (boomslang); Cyclagras gigas (water cobra) and Boiga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order crocodilia (crocodiles, alligators, caimans and gavials); (2) Class Aves. Order Falconiforms (such as hawks, eagles and vultures) and subdivision Ratitae (such as ostriches, rheas, cassowaries and emus); (3) Class Mammalia: Order Carmvora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family Mustelidae (such Page 7 I!]IMail1 as weasels, martins, mink, badgers); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels); (4) Class Amphibi: Poisonous frogs. Does not include non - poisonous reptiles or non - poisonous snakes; (5) Spiders: Brown recluse (loxosceles) and black widow (latrodecus) spiders. Wildlife means any animal which occurs naturally in a wild state. The term "wildlife" includes any animal which is part wild.. Sec. 14 -3. - Keeping of bees; penalty. (a) Keeping bees generally. No person shall keep or maintain bees in this city within 300 feet of any residence including that of the owner. (b) Penalty. Any person violating any portion of this section shall be deemed guilty of a misdemeanor and fined as provided in § 1 -13. ARTICLE II. - ANIMAL ADOPTION AND RESCUE CENTER ADVISORY COMMITTEE Sec. 14 -31. - Created; composition. Pursuant to Texas Animal Shelter Act, V.T.C.A., Health and Safety Code § 823.005 et seq., there is hereby created the animal adoption and rescue center advisory committee. The animal adoption and rescue center advisory committee shall be composed of one licensed veterinarian, one city official, one person whose duties include the daily operation of the City animal adoption and rescue center and one representative from an animal welfare organization. Sec. 14 -32. - Appointment. The appointees appointment, etc., shall be as provided in section 2 -121 et seq. Sec. 14 -33. - Functions. The animal adoption and rescue advisory committee shall perform the functions set out in V.T.C.A., Health and Safety Code § 823.005 et seq., and recommend policy to the City staff for operation of the City animal adoption and rescue center. Page 8 113 ItA► ail 1 ARTICLE III. — LICENSE Sec. 14 -61. - Rabies vaccination. (a) Required. As rewired by 25 TAC 169.29(a), every owner of a dog cat, or ferret shall have the animal vaccinated against rabies by the time such animal is four months of age. 1. Dogs and cats must receive a rabies booster within the 12 -month interval following the initial vaccination. If such booster was with a triennial vaccine, such dog or cat must thereafter be revaccinated within 36 months of the previous vaccination. If such booster was with an annual vaccine the dog or cat must be revaccimted within 12 months. Dogs and cats shall be revaccinated thereafter within 36 months if the previous vaccination was with a triennial rabies vaccine, or within 12 months if the previous vaccination was with an annual rabies vaccine. 2. Ferrets must receive a. rabies booster within the 12 -month interval following the initial vaccination and revaccinated annually thereafter. (b) Exemptions to vaccination. According to the Center of Disease Control no rabies vaccines are licensed for use in wild animals or hybrids. The American Veterinary Medical Association do not recommend wild animals or hydrids as pets. (c) Requirement, for new residents. Any person establishing residence within the City shall comply with this chapter within ten days of establishing such residency. (d) Exception for quarantined dogs, cats or ferrets. If an unvaccinated dog, cat or ferret inflicts a bite or scratch or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog, cat or ferret until that animal is released from quarantine. Sec. 14 -62. - Certificate of vaccination. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog, cat or ferret as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate, and one copy shall be filed with the owner. Such certificate shall contain the following information: (1) The name, address and telephone number of the owner of the vaccinated animal; (2) The date of vaccination; (3) The vaccine used - product name, manufacturer, and serial number; Page 9 1M]IMail1 (4) The year and number of the rabies tag (5) The revaccination due date; (6) The animal identification - species, sex (including neutered if applicable), approximate age, size (pounds), predominant breed, and colors; and (7) The veterinarian's signature, signature stamp, or computerized signature, phis address and license number. Sec. 14 -63. - Rabies tag. Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog cat or ferret shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. Sec. 14 -64. - License required. All dogs, cats or ferrets three months of age or older which are kept, harbored, or maintained as a companion animal within the corporate limits of the City shall be licensed. Dog, cat and ferret licenses shall be provided by the humane division or tier agent upon payment of the required fee for each dog, cat and ferret. Before a city license will be issued, the owner of the dog, cat or ferret must present a certificate from a licensed veterinarian showing that said dog, cat or ferret has been vaccinated for rabies within the preceding 12 months. The owner shall state his name and address, and the breed, color and sex of the dog, cat or ferret to be licensed. Said license shall be valid for one year from date of issuance and renewed annually thereafter. Sec. 14 -65. - Fees. A yearly license fee as set out in Appendix A shall be paid. Sec. 14 -66. - Tag and collar. Upon payment of the license fee where applicable, the City shall issue to the owner a license certificate and metal tag having stamped upon it the year for which it is issued and the number corresponding with the number of the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the humane division or its agent upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one animal to another, no refunds shall be made. Page 10 1M]IMailN Sec. 14 -67. - Guard dogs. All dogs which are professionally trained and kept solely for the protection of persons and property, residential, commercial or personal, shall be permitted from the animal adoption and rescue center. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two inches high, stating "GUARD DOG ON PREMISES." Said area of premises shall be subject to inspection by the humane division to determine that the animal in question is maintained and secured at all times in such a mariner so as to prevent its coming in contact with the public. The dog shall be issued a tag by the humane division, varying in color from the license tag, and a fee shall be charged. The guard dog permit shall expire one year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times. Dogs permitted under this section shall not be required to obtain a city license, but shall be required to comply with all provisions of this chapter. Sec. 14 -68. - Revocation of license. (a) Reasons for revocation. The director of the department of neighborhood services or his agent or as otherwise designated by the City Manager may revoke any dog, cat or ferret license after a hearing for any one or more of the following reasons: (1) Impoundment of a dog, cat or ferret by the humane division more than two times during a 12 -month period; (2) More than two final convictions of a person for violating this article when such convictions relate to the dog, cat or ferret which is being considered for revocation of its license certificate; or (3) Any combination of (1) and (2) totaling three incidents. (b) Notification. Upon revoking the license of any dog, cat or ferret the humane division or as otherwise designated by the City Manager shall notify the owner of the dog, cat or ferret of said action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the dog, cat or ferret's owner is deposited in the U.S. mail. (c) Removal of dog, cat or ferret front city. Upon the expiration of the ten days after written notification of revocation is deposited in the U.S. mail, as provided above, no dog, cat or ferret which has had its license revoked shall be kept, maintained, or harbored within the City limits, and each 24 -hour period shall constitute a separate violation. Sec. 14 -69. - Authority to conduct license verification programs. The humane division or as otherwise designated by the City Manager shall have the Page 11 113 ItA► ail 1 authority to conduct random or city wide verification programs in a manner calculated to determine compliance with the license and rabies vaccination requirements. Sec. 14 -70. - Late fee. For the purpose of this chapter, a late fee may be assessed under the following conditions: (1) A failure to obtain a license for a dog, cat or ferret within 30 days of that animal reaching three months of age. (2) Failure to renew license within 30 days of expiration of current license. (3) Failure to obtain license within 30 days of the animal taking up residence in the City. Sec. 14 -71. - Violation notice. Where violations of the licensing and/or rabies vaccination requirements of this chapter are observed, any humane officer may issue a violation notice in lieu of a citation. The violation notice will stipulate a compliance date and associated fee and late fee, as well as a waiver provision providing that the person to whom the violation notice is issued waives all rights to protest such violation and waives all rights to a hearing on the issues relating to that violation. All associated fees and late fees shall be paid to the humane division. Failure to pay associated fees and/or late fees and failure to waive rights by the compliance date shall constitute a violation of this chapter and may result in the issuance of a citation. ARTICLE IV. - RABIES CONTROL Sec. 14 -101 Report by physician or medical practitioner. Every physician or other medical practitioner who treats a person or persons for any animal bite or scratch or any person having knowledge of an animal bite or scratch shall within 12 hours report such treatment to the humane division giving the name, age, sex and precise location of the bitten/scratched person or persons and such other information as the officer or agency may require. Sec. 14 -102. - Reporting suspected rabies. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the local rabies control authority (LRCA) or as otherwise designated by the City Manager stating precisely where such animal may be found. If a known suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. Page 12 I!]IMail1 Sec. 14 -103. - Quarantine of dogs, cats and other aninnals. (a) Bogs, cats and ferrets, Any owned dog, cat or ferret which has bitten or scratched a person shall be observed for a period of 240 hours from the time of the bite or scratch. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance with state law. If the dog, cat or ferret is not confined on the owner's premises, confinement shall be by impoundment in the animal adoption and rescue center, or at a veterinary hospital of the owner's choice, within a ten -mile radius of the City. Such confinement shall be at the owner's expense. Stray dogs, cats or ferrets whose owner's cannot be located shall be confined in the anunal adoption and rescue center for a period of four (4) business days and if unclaimed may be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog, cat or ferret that has been reported to have inflicted a bite on any person shall, on demand, produce said dog, cat or ferret for impoundment, as prescribed in this article. Home quarantine as defined in section 14 -2, may be allowed only in those incidents where permitted by state law and agreed to by the LRCA. Refusal to produce said dog, cat or ferret constitutes a violation of this section and each day of such refusal shall constitute a separate and individual violation. (b) Wild, exotic or dangerous animals. Any wild, exotic or dangerous animal as defined in section 14 -2, and considered "high risk" according to state law, which has bitten or scratched a person shall be caught and humanely killed and the brain submitted for rabies examination. Those wild animals which are classified as "low risk" animals shall be handled as dictated by state law. Sec. 14 -104. - Local rabies control authority. As required by Section 826.017 Texas Health and Safety Code, the humane division supervisor is hereby designated as the local rabies control authority. ARTICLE V. — MISCELLANEOUS Sec. 14 -131. - Creating a health hazard. (a) Generally. Any person who shall harbor or keep on his premises, or in or about a premises under his control, an animal and who allows his premises to become a hazard to the general health and welfare of the community, or who shall allow his premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (b) Removal of animal waste from public property or property of another. Any person who shall allow his animal to eliminate on public property or the property of another and does not remove same immediately shall be guilty of a misdemeanor. Page 13 113 ItA► ail 1 Sec. 14 -132. - Tampering with traps and equipment. No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to or set out by the humane division. All traps must be humane, commercially designed so they can be safely serviced by the animal control officer. Sec. 14 -133. - Authority to destroy injured/diseased animals. The humane division or a authorized representative, or as otherwise designated by the City Manager is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. Sec. 14 -134. - Excessive noise. Any person who shall harbor or beep on his premises, or in or about his premises under his control, any animal which by loud or unusual vocalization shall cause the peace and quiet of the neighborhood or the occupant of adjacent premises to be disturbed, shall be guilty of a misdemeanor; and a separate offense shall be deemed committed upon each day during or on which such violation occurs or continues. ARTICLE V1. - ANIMAL CARE Sec. 14 -161. - Duty to provide care. No owner shall fail to provide an animal in his care with sufficient good and wholesome food or clean water, adequate shelter as defined in Sec 14 -2, protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Sec. 14 -162. - Cruel treatment. No person shall unreasonably abandon, deprive of necessary food, care, or proper shelter, beat, cruelly ill- treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, butt fight, or other combat between annuals or between animals and humans.. Sec. 14 -163. - Abandonment. No person shall abandon an animal in his custody. Sec. 14 -164. - Inducement. No person shall give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer Page 14 113 'M ail 1 such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. Sec. 14 -155. - Injured animal. Any person who, as the operator of a motor vehicle, strifes a domestic animal shall immediately report such injury or death to the animal 's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. Sec. 14 -156.a - Poisonous substance No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. Sec. 14 -166.b — Inhumane traps No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person; however, this shall not preclude the proper use of humane box traps. Sec. 14 -167. - Theatrical exhibits. All theatrical exhibits as defined herein shall, in addition to other requirements of this chapter, comply with the nuinimtm standards of this section. Facilities shall be subject to inspection by a humane officer upon his request during reasonable hours. (1) Animal quarters shall be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural position without touching the sides or top, or any other animal or waste. (2) Each enclosure shall be maintained in comfortable and healthy temperature levels as well as adequate ventilation. (3) Exhibit areas shall not be on a surface as to cause animals undo stress and pain to animals such as but not limited to hot asphalt, muddy conditions, etc. (4) No enclosure, performance or exhibit area shall be located in such a manner as to allow the public to come in contact with the animal. (5) No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as to not cause injury to the animal. Page 15 I!]IMail1 (6) No animal shall be caused to fight, wrestle or be physically matched against any other animal or person. (7) No animal shall perform or be displayed in any dangerous situation presenting the danger of physical injury to the animal or person. (8) The humane division must be notified of all displays or performances, including date, time and exact location at least 48 hours 'n advance of a display or performance. (9) No dog or cat may be killed for the purposes of human consumption or for its fur within the City limits. No domestic animal may be killed for human consumption in such a manner as to disturb the sensibilities of neighboring residences. (10) No prohibited, restricted or wild animal will be permitted to be exhibited without proper documentation from appropriate state and federal agencies. Sec. 14 -168. - Removal of animal in immediate danger. Any anmial observed by a police officer or humane officer or as otherwise designated by the City Manager to be in immediate danger may be removed from such situation by the quickest and most reasonable means available. "ARTICLE VII. DANGEROUS DOGS Section 14 -201 - Nuisance declared. It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or maintain a dangerous dog as defined in section 14 -2 of this chapter in the City unless the owner complies with the requirements of this article and state statutes regulating dangerous dogs. It is hereby declared to be unlawful and a public nuisance for an owner or other person to harbor, keep, or maintain in the City or bring into the City a dog which has been declared dangerous by another jurisdiction. Section 14 -202 - Determination of a dangerous dog (a) A dog is determined to be a dangerous dog if it meets the requirements found in section 14 -2, "dangerous dog ", and. (1) The owner of the dog knows of such an attack as defined in this article; or (2) A person reports a dangerous dog incident as defined in section 14 -2 to the humane division or to the police department and provides an adult statement in writing made under oath before an individual authorized by law to take sworn statements or made at the animal adoption & rescue Page 16 113 IM ail 1 center before a certified humane officer, setting forth an act described in section 14 -2 and set forth as follows:. (a) Nature and the date of the act described in section 14 -2; and (b) The location of the event; and (c) The name and address of the owner of the animal m question; and (d) The description of the animal in question. (3) The humane division has been notified by another agency that the dog has been determined to be dangerous under the state law or applicable ordinance of the notifying city. (b) The humane officer and the director of neighborhood services shall evaluate the case and determine whether to file a dangerous dog incident report with the municipal court. (c) If such a report is filed and the court determines probable cause exists to believe that the dog complained of meets the definition of "dangerous dog" found in section 14 -2, the court shall issue a warrant authorizing the humane officer or his designee to seize the dog. Section 14 -203 Reporting of incident. (a) The humane officer shall furnish written notice to the owner of the dog identified in the report to inform the owner that a dangerous dog report has been filed with the court. Notice shall be given by registered, certified mail, regular mail and hand delivery to the owner of the dog. If the owner cannot be located, notice shall be delivered to any adult at the dog owner's last known physical address or to any adult at the residence where the dog is believed to be kept, if at a location different than the owner's physical address. The notice shall also include a statement that the owner will be notified by the court of the date and time for a hearing pursuant to section 14 -204.. (b) An owner, not later than the 10 day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the humane officer to municipal court or as otherwise allowed by law. If an owner appeals the determination of the humane officer, a hearing shall be held pursuant to section 14204. Section 14 -204 - Hearing for dangerous dog determination. (a) The court, on receiving a report of a dangerous dog incident as defined in section 14 -2 or a report that an owner of a dangerous dog has not complied with section Page 17 1M]IMail1 14 -206 or an appeal pursuant to section 14 -202 shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner has complied with section 14 -206. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered or notice is given to the owner pursuant to section 14 -202. (b) The court shall give written notice of the time and place of the hearing to: (1) The owner of the dog or the person from whom the dog was seized; (2) The person who made the complaint; and (3) Any witnesses including the Humane Division. (c) Any interested party, including the City attorney, is entitled to present evidence at the hearing. (d) The court, after determining that the dog is a dangerous dog or determining that the owner of the dangerous dog has failed to comply with the requirements of section 14 -206 or any order of the court, shall order the humane officer to impound or continue to impound the dangerous dog in secure and humane conditions until such time as: (1) The court orders disposition of the dog and the dog is returned to the owner to be maintained as provided in section 14 -206, (2) The court orders disposition of the dog and the dog is thereby humanely destroyed, (3) The court orders disposition of the dog and the dog is microchipped and is removed from the City; or (4) The dog is deceased. (e) The owner may appeal the decision of the court by following the appropriate procedures for appeal of a decision of municipal court. During the appeal period, the dog shall remain in the custody, care and control of the humane division. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed. (f) The court shall issue its ruling within twenty -four (24) hours from the conclusion of the hearing. Section 14 -205 - Failure to surrender dog Page 18 I!]IMail1 It shall be a separate violation of this article for any person to refuse or fail to surrender a dog subject to this article, or harbor, hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment. Section 14 -206 - Requirements for owners of a dangerous dog. (a) Not later than the fifteenth day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) Register the dangerous dog with the humane officer and pay an annual registration fee of six hundred dollars ($600.04). (2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a proper enclosure as defined in section 14 -2 of this chapter with the requirement that the enclosure be posted with signs on all sides in four -inch letters capable of being read from the public street or highway warning of the presence of dangerous dogs and shall include a symbol of dangerous dogs understandable by young children; (3) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the humane division each year at the time of annual registration or upon request. (4) Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or dog when the dangerous dog is taken off the property of the owner for any reason; (5) Provide the dangerous dog with a fluorescent orange or yellow collar with the word "danger" inscribed on the collar to be worn by the dog at all times and to be visible at fifty (50) feet in normal day light so that the dog can be identified; (6) Spay or neuter the dangerous dog; and (7) The humane officer shall implant a microchip identification device on the dog immediately after the court has ruled in a hearing pursuant to section 14 -204 that such dog is dangerous. The dog's microchip shall be registered with a national registry. The cost of the service shall be at the owner's expense; and Page 19 I!]IMail1 (8) The owner shall agree to be inspected annually or more frequently at the humane officer's discretion to determine compliance with this section or any order of the court as applicable. (b) The owner of a dangerous dog shall notify the humane officer within twenty -four (24) hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. (c) If an owner of a dangerous dog that is required to be registered moves the dog to a new address, the owner, not later than the fourteenth business day after the date of the move, shall notify the humane division of the new address and shall be subject to inspection by the humane division or that of the local animal control in that city. (d) If an owner of a dangerous dog that is required to be registered sells the dog or give the dog to a new owner, the dangerous dog is no longer permitted to reside in the City limits of the City of North Richland Hills. (e) Dogs declared dangerous by another jurisdiction are not permitted to reside in the City limits of the City on Not Richland Hills. Section 14 -207 - Proof of Compliance (a) Humane Division may, in their discretion, request the owner of a dangerous dog to show proof, on a quarterly basis, of compliance with this article. If animal care and control determines that the owner of a dangerous dog has failed to comply with any requirement listed in section 14- 206(a), the humane officer shall issue notice of non - compliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the humane officer. (b) If the humane officer is not in receipt of the dog immediately after delivery of the notice, then the court shall order the humane officer or his designee to seize the dog and the court shall issue a warrant authorizing the seizure. The humane officer shall seize the dog and shall provide for the impoundment of the dog in secure and humane conditions. After the expiration of three (3) days, if the owner of the dangerous dog has not sufficiently presented proof to the humane officer that he or she is in compliance with subsection (a), the humane officer shall refer the case to the municipal court for notice and hearing. (c) Upon proof to the court of the dangerous dog owner's non - compliance, the count shall enter, no later than the day of the hearing, a final order for the humane destruction of the dog or an order for the removal of the dog from the City. (d) The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding Page 20 1M]IMail1 fees, microchip procedure, city license and rabies vaccination, and the cost of euthanasia of the dog if ordered by the court. Section 14 -208 - Dangerous dog registration. (a) The owner of a dangerous dog shall notify the humane officer within twenty -four (24) hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. (b) If an owner of a dangerous dog that is required to be registered moves the dog to a new address, that owner, not later than the fourteenth day after the date of move, shall notify the humane officer for the area in which the new address is located. (c) If an owner of a dangerous dog that is required to be registered sells the dog or gives the dog to a new owner, the dangerous dog is no longer permitted to reside in the City limits of the City of North Richland Hills. (d) The owner of a dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people or other animals. (e) Dogs declared dangerous by another jurisdiction are not permitted to reside in the City limits of the City of North Richland Hills. Section 14 -209 Attack by a dangerous dog (a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog's enclosure and causes bodily damage to the person or other animal. (b) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the humane division or a licensed veterinarian. (c) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The City attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the City.. (d) Nothing in this ordinance should be construed to prohibit a victun or victim's family fiom filing a claim against the owner of a dangerous dog or any dog, cat, or ferret that inflicts injury upon a person, their pet animal, livestock or fowl_ Section 14 -210 - Violations. Page 21 113 'M ail 1 (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this article; (b) An offense snider this section is a Class C misdemeanor. Section 14 -211 - Defenses. (a) It is a defense to prosecution under this article that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog, (b) It is a defense to prosecution under this article that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog. (c) It is a defense to prosecution under this article that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler. Section 14 -212 Authority of animal control officer. (a) In addition to any other authority conferred by the North Richland Hills Code of Ordinances or state law, the humane officer or a peace officer shall have the authority to immediately seize and impound any dog that bites a person. (b) If impoundment cannot be done safely, nothing in this chapter shall impair, restrict or remove the authority of the humane officer or a peace officer to destroy a dog who is determined to be an immediate danger to a person. ARTICLE VIII. - WILDIEX(ITIC/DANGEROUS ANIMALS Sec. 14 -251. - Exhibitions of wild /dangerous animals prohibited. No person shall keep, or permit to be kept, on his premises any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. Sec. 14 -252. - Prohibited animals. No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox, Page 22 I!]IMail1 coyote, bat, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, jackal, lesser panda, binturong, non -human primate, wolf or any hybrid of these animals or any other dangerous animal which is or may be here after listed as a "high risk" animal in the Texas Rabies Control Act in V.T.C.A., Health and Safety Code § 822.101 et seq. Sec. 14 -253. - Restricted animals. No person may possess any individual species or subspecies of the following without a permit issued through the humane division; miniature pig not to exceed 120 pounds in weight and twenty (20) inches in shoulder height shall be registered with the humane division and shall meet all requirements set out in section 14- 255(2). Sec. 14 -254. - Nonvenomous reptiles. No person may possess any individual species or subspecies of any of the following animals without a permit issued through the humane division; nonvenomous reptiles shall be registered with the humane division and shall meet all requirements set out in section 14-255(2). Sec. 14 -255. - Permit requirement for restricted animal Ownership. Any person who wishes to possess a restricted animal in the City limits must: (1) Apply for said permit at the animal adoption and rescue center and provide the following information and documentation: a. A health certificate from a licensed veterinarian stating that the animal is flee from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. Copy will remain with the humane division. Such certification shall include:. 1. Certification that the animals been spayed or neuter 2. List of types and dates of vaccinations — to include in the case of miniature pigs erysipelas, parvo vinis and leptospirosis 3. Recent description of animal giving the age, weight and height. b. Copies of applicable state or federal permits or license as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the humane division. C. Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies. Page 23 113 ItA► ail 1 d. Present proof of liability insurance or financial responsibility in the amount of $100,000.40 to cover the damages resulting from an escape and/or attack by the animal to be permitted. e. Owner has attended a course approved by the humane division in the care and maintenance of the animal in question and presents proof of satisfactory completion to the humane division. (2) Before a permit is issued the humane division or as otherwise designated by the City Manager shall inspect the facility where the animal is to be kept, which must meet the following criteria: a. Each enclosure must provide adequate exercise area and sleeping quarters. b. Proper temperature control and ventilation for the particular species must be provided in both areas. C. Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure. d. Each enclosure must be constructed so as to prevent the animal from escaping. e. Each enclosure must be kept in good repair to prevent both escape and injury to the animal. f Each enclosure must have a water container which is secured so as to prevent its being overturned. g. Each enclosure must be cleaned daily. (3) There shall be a maximum of two miniature pigs on the property. (4) Owners keeping permitted restricted shall maintain them as inside pets. Miniature pigs shall be permitted outside for brief periods in order to exercise or for the elimination of waste. This outside area shall be such as to restrict the miniature pig from escaping. (5) If transported to the veterinarian, the animal must be kept in an escape proof cage previously approved by the humane division. (6) Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian. (7) Any animal which has bitten or scratched someone must be immediately surrendered to the humane division or as otherwise designated by the City Page 24 113 ItA► ail 1 Manager for euthanasia and testing by the state department of health. A live test approved by the state department of health may be substituted for euthanasia.. (8) A fee for restricted animal permit shall charged and the permit shall expire one year from date of issuance and shall not be transferable. Sec. 14 -256. - Violation of permit requirements. Failure to comply with the permit requirements shall constitute a violation of this article and each day of noncompliance shall constitute a separate offense. Sec. 14 -257. - Exemptions. The article does not apply to. (1) Zoological park accredited by the American Association of Zoological Parks and Aquariums. (2) Federally - licensed research institutions. (3) Any government agency or its employee who use the animals for an agency related to education, propagation, or behavior program.. (4) Anyone holding a valid rehabilitation permit pursuant to V.T.C.A., Parks and Wildlife Code § 43.011 et sect. but only for animals which are in rehabilitation and scheduled to be released to the wild. Sec. 14 -258. - Permit required. Any person in possession or in control of a restricted animal as defined in this article at the time of passage of this chapter shall have 15 days from passage to obtain a permit required by this chapter. From and after said 15 -day period, said person who fails to obtain a permit shall be in violation of this chapter. ARTICLE IX. -PENALTIES Sec. 14 -291. - Penalty for violation. Any person who violates any of the provisions of articles I through VIII of this chapter shall be guilty of a misdemeanor and upon conviction thereof punished as provided in § 1 -13. ARTICLE X. - RESPONSIBLE PET OWNER PROGRAM Page 25 1M]IMailN Sec. 14 -321. - Purpose of program. The responsible pet owner program for pet owners established in this article is designed to reduce the incidences of repeat offenders as well as educate the participants as to the responsibilities entailed in owning a pet in an urban environment. The program stresses the "good neighbor" concept of responsible pet ownership and gives the participants information on the role of the humane officer in the community. Sec. 14 -322. - Definitions. When used ul this article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: First offender means a person that has received a citation for an animal related offense for the fast time where that offense occurred in the City. Responsible pet owner program means the responsible pet owner program conducted by the humane division of the neighborhood services department. Sec. 14 -323. - Program established; availability to pet owners. (a) Established. The responsible pet owner program shall be established by the humane division of the neighborhood services department. (b) Availability. The responsible pet owner program shall be made available to all pet owners in the City and shall be offered on a regular basis as staffing permits or as needed. Sec. 14 -324. - Eligibility. (a) First offenders. First offenders shall be eligible to participate in the responsible pet owner program in lieu of payment of the citation fine and only after entering a plea of guilty or no contest. (1) At the judge's discretion the fine may be waived if the first offender states that he will attend and actually attends the responsible pet owner program within 90 days of receiving the first citation. (2) It shall be the responsibility of the first offender to notify and supply the municipal court with proof of attendance. (b) Allocation of available spaces. The program shall be available to all pet owners in the City; however, available places shall be first offered to first offenders applying for the program. Page 26 1M]'MailN See. 14 -325. - Fees and penalties. (a) Registration fee. There shall be a registration fee as established in Appendix A for the responsible pet owner program that must be paid when registering for the program, prior to attendance. (b) Citation fee for failure to attend. If the first offender fails to attend the responsible pet owner program within the required 40 days, the citation fee shall be assessed through municipal court. ARTICLE 11. - FEES Sec. 14 -351. - Fees related to impoundment and surrender of animals. (a) Altered animals. Fees for the impoundment of altered animal shall he as established in Appendix A for the following categories. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) First impoundment. (2) Second impoundment. (3) Third impoundment. (b) Unaltered animals. Fees for the impoundment of unaltered animal shall be as established in Appendix A for the following categories. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) First impoundment. (2) Second impoundment. (3) Third impoundment. (c) Boarding fee. A hoarding fee, per night, shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (d) Quarantine fee. A quarantine fee, per night, shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as Page 27 113 'M ail 1 established by the U.S. Department of Commerce. (e) Surrendered animals. The fee for surrendered animals shall be as established in Appendix A for the following categories. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Animal surrendered by city resident. (2) Animal surrendered by nonresident — accepted based on space availability. (3) Large animals surrendered. (4) Surrender for rabies analysis. (f) Reduction in imipoundnient fee. A dog or cat wearing a current license tag and impounded for first time is eligible for 50 percent reduction in impoundment fee. (g) Rebate for altering aninial. When an unaltered animal has been impounded, a $15.00 rebate will be given to the owner if proof that the animal has been altered is presented within 30 days of the initial impoundment. Sec. 14- 351.1. - Fees for cremation. Except for those veterinarians providing neuter /spay services to the City, a fee shall be charged to veterinarians and contract cities who bring deceased anuiials to the City's crematorium for disposal. Such fee shall be charged for each such animal. Cremation may be refused if the City is unable, due to available personnel or condition of equipment to timely cremate such animals. Sec. 14 -352. - Fees related to licensing. Fees related to licensing shall be as established in Appendix A for the following categories. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Unaltered dog, cat or ferret. (2) Altered dog, cat or ferret. (3) Altered animal whose legal owner is 65 years of age or older. (4) Dogs which are professionally and specifically trained to assist disabled owner. Page 28 113 'M ail 1 (5) Duplicate replacement tag. (6) Late animal license fee (past 30 days). (7) Guard dog. Sec. 14 -353. - Fees related to estrays. Fees related to estrays shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Impoundment of estray. (2) Board, per night. Sec. 14 -354. - Fee for inspection of riding stables. The fee for inspection of riding stables shall he as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -355. - Fees related to dangerous dogs. Fees related to dangerous dogs shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -356. - Fee for restricted animal permit. The fee for a restricted animal permit shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -357. - Fees related to pet shops, kennelslcatteries and multiple pet owners. Fees related to pet shops, kennels /catteries and multiple pet owners shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Page 29 113 ItA► ail N Sec. 14 -358. - Control and violation notices. The fees for control and violation notices shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -359. - Adjustment for consumer price index.. The director of finance shall review all neighborhood services fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. ARTICLE XII. - ANIMAL IMPOUNDMENT Sec. 14 -391. - Impoundment generally. Animals owned or harbored in violation of this chapter or law of the state shall be taken into custody by a humane officer or other designated official and impounded under the provisions of this chapter. Sec. 14 -392. - Disposition of impounded animals. (a) Anirnals with no identification. All animals impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal shall be held for a minimum of four (4) consecutive business days during which time period the owner may present proof of ownership at the center and after paying all applicable fees, that owner may reclaim the animal . In the event that the animal is not claimed after four (4) consecutive business days in the center, that animal shall become the property of the City. (b) Animals with identification. Animals impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal that are wearing traceable identification or where a possible owner is known shall be held in the center for a immin m of seven (7) consecutive business days from the time the animal enters the facility, during which time the humane division shall notify the owner, when known, of the impoundment. Unless the owner has notified the humane division in writing of his intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangements has been approved by the humane division supervisor, the anmal shall become the property of the City on the eighth (8) business day. (c) Animals surrendered by ownerlliarhorer-. All animals surrendered by the owner/harborer to the humane division shall become the property of the City Page 30 1M]IMail1 immediately upon completion of the owner/harborer surrender form. Such animals shall be available for disposition the next business day. (d) Animals other than dogs, cats, ferrets or estrays impounded. All animals other than dogs, cats, ferrets, estrays, or animals holding current restricted animal permits in the City impounded by the humane division or brought to the center by a person other than the owner/harborer shall become the property of the City unless such ownership is prohibited by state or federal law. (e) Disposition of anitnals. Final disposition of all unclaimed animals shall rest with the humane division. The humane division or as otherwise designated by the City Manager shall retain sole authority to determine the final disposition of each animal in its custody once that animal becomes the property of the City, and shall not place any animal for adoption that is classified in this chapter as prohibited. Animals shall be euthanized by an injection of sodium pentobarbital or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered by a certified euthanasia technician. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. See. 14 -393. - Animals held on complaint. If a complaint has been filed in municipal court for the City against the owner of an impounded animal for a violation of this chapter, the animal shall not be released except on the order of the humane division which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. Surrender of an animal by the owner thereof to the humane division does not relieve or render the owner immune fiom the decision of the court, nor from the fees and fines which may result from a violation of this chapter.. Sec. 14 -394. - Removal of animals from confinement. It shall be unlawful for any person to remove from any place of confinement any animal which has been confined as authorized, without the consent of the impounding agency. Sec. 14 -395. - Animals at large; restraint. It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any officer or citizen of the City is hereby authorized to take up and deliver to the animal adoption and rescue center any animal mentioned in this chapter that may be found "at large" 'n the corporate limits of the City, subject to the applicable provisions of the law. Failure to notify and/or turn over to the humane division any such animal within 48 hours may subject the person taking up the animal to civil and/or criminal action. The humane officer or his agent and peace officer or as otherwise designated by the City Manager are authorized to impound any animal mentioned in this chapter which is in violation of the chapter. In the event the animal is on private property Page 31 1M]IMail1 or property of the animal's owner the humane officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the law. (1) It shall be unlawfiil for any animal to "run at large " as defined in section 14 -2 of this chapter. (2) No animal may be restrained by a chain or tether unless the person is holding the chain or tether. (3) The prohibition of subsection (2) does not apply to a temporary restraint. a. During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or b. That is required to protect the safety or welfare of a person or the animal, if the animal's owner or handler remains with the animal throughout the period of restraint. This period shall not exceed three (3) hours in a 24 -hour period, and no longer than necessary for the owner to complete a temporary task that requires the animal to be restrained. C. A person restraining an animal with a chain or tether shall attach the chain or tether to a properly fitted collar or harness worn by the animal. A person may not wrap a chain or tether directly around the animal's neck. A person may not restrain an animal with a chain or tether that weighs more that 1118 of the animal's body weight. A chain or tether used to restrain an antral must, by design and placement, be unlikely to become entangled. d. A person may not restrain an animal in a manner that does not allow the animal to have access to necessary proper shelter and clean water. e. A person may not restrain an animal in a manner that allows the animal to move outside the person's property. See. 14 -396. - Confinement during estrus. Any unspayed female animal m the state of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and said area of enclosure shall be so constricted that no other animal may gain access to the confined animals. Owners who do not comply shall be ordered to remove the animal in heat to a veterinary hospital or the animal adoption and rescue center. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply with the removal order of the humane division shall be a violation of this chapter, and the animal will then be Page 32 1M]IMail1 impounded as prescribed in this chapter. Sec. 14 -397. - Adoption of animal. All animals which are adopted from the animal adoption and rescue center shall be surgically altered to prevent reproduction in that animal before leaving the animal adoption and rescue center provided the animal is eight (8) weeps or older or two (2) pound or more in body weight. (1) Animal not eligible for altering. If the animal is not eligible for altering before leaving the center due to age or medical condition, that animal shall be surgically altered as soon as medically safe. The person fostering that animal shall sign an agreement stating that they will have said animal surgically altered at that time. (2) Responsibility for goof. It shall be the responsibility of the person fostering to provide proof of altering to the humane division. (3) Recovery of unaltered animal. Failure to comply with this section or failure to comply with the terms of either of the above agreements shall give the humane division the right to recover the fostered animal in question and revoke the foster's adoption contract. Such failure shall also constitute a violation of this chapter. (4) Adoption fee. The adoption fee shall be offset on a tiered scale dependent on the total cost of medical expenses incurred not to include routine vaccinations or grooming expenses. (5) Rabies vaccination. A person adopting a dog cat or ferret that is not yet three months of age shall have that animal vaccinated for rabies by a veterinarian licensed within the state by the date specified during the adoption procedure. The person adopting the animal is responsible for providing proof of rabies vaccination to the humane division within 48 hours of vaccination date. (6) Financial responsibility (a) Fosters. Fosters bear all financial responsibilities toward the care of the pet they intend to adopt. 1. If the foster is not able to provide the necessary care then pet shall be returned to the animal adoption and rescue center. 2. No reimbursements for medical expenses will be available Page 33 113 ItA► ail 1 (b) Adopters. Adopters bear all financial responsibilities toward the care of the pet they adopt. 1. The adopted animal can be returned within two weeps of adoption and a full refund will be provided. 2. If after two weeks the pet can still be returned but no refund will be available. 3. Any medical expenses incurred shall be the sole responsibility of the adopter. (c) City. The City bears no financial responsibility once a pet is fostered or adopted and is in the care of the foster or the adopter. See. 14 -398. - Surrender of animals. There shall be a fee for surrender of annuals by owner/harborer to the animal adoption and rescue center. (1) Small animals. For small animals such as dogs cats, ferrets , small birds and pocket pets, a fee shall be charged per animal. In the event a litter (under 60 days of age) is surrendered the charge shall be the same as a single animal, with or without the mother. (2) Large animals. For large animals such as chickens, peacocks, horses, cows, goats, sheep and pigs, a fee shall be charged per animal. (3) Surrendered animal's from other cities. Owners of animals who reside outside the City who bring their animals to the center shall pay a fee and accepted as space is available. Priority shall be place on residents surrendering their animals. See. 14 -399. - Payment of fees. It shall be a violation of this article to fail to pay all fees due in accordance with this chapter or the humane division fees in Appendix A. See. 141100. - Control notice. Where violations of restraint requirements are observed, any humane officer or as otherwise designated by the City Manager may issue a control notice in lieu of a citation. The control notice will stipulate the violation observed, associated fees and a compliance date, as well as a waiver provision providing that the person to whom the control notice is issued waives all rights to protest such notice and waives all rights to a hearing on the issue relating to that notice. All associated fees shall be paid to the humane division. Page 34 1M]IMail1 Failure to pay the associated fees by the compliance date or failure to waive rights by the compliance date shall constitute a violation of this article and may result in the issuance of a citation. See. 14 -401. - Surgical alteration required. Any owner of an animal who is cited and convicted or who pleads guilty or who receives differed adjudication for a restraint violation of this chapter on two occasions within a 12- month period, shall have the animal spayed or neutered within seven days of the conviction or plea. Verification from the veterinarian performing the surgery shall be provided to the humane division in writing within seven days of the surgery. ARTICLE XIII. - ESTRAYS See. 14 -431. - Unattended estray; penalty. It shall be unlawful for any person, firm or corporation to allow an estray to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of the City. The person, firm or corporation having ownership of right to immediate control of such estray shall have the burden to keep such estray off the public streets, alleys, and thoroughfares or the property of another in the City. Any person, fn or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined as provided in section 1 -13. See. 14 -432. - Impoundment. It shall be the duty of the humane division or as otherwise designated by the City Manager in absence of action by the county sheliff s office, to take up any and all estray that may be found in and upon any street, alley, or upon any unenclosed lot in the City, or otherwise to be found at large, and to confine such estray for safe keeping. Upon impounding an estray, the humane division or as otherwise designated by the City Manager shall prepare a "Notice of Estray" and file such notice in the " Estray Book" located in the animal adoption and rescue center. Each entry shall include the following: (1) The name and address of the person who notified the humane division of the estray; (2) The date, time and location of the estray when found; (3) The location of the estray until disposition, and (4) A description of the animal including its breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. Page 35 I!]IMailN See. 14 -433. Disposition of impounded estray. When an estray has been impounded, the humane division or as otherwise designated by the City Manager shall within 24 hours of impound contact the Tarrant County Sheriff's Department to notify them of the impound as well as to request a pick tip of the animal to be placed into their custody. Sec. 14 -434. - Recovery by owner. The owner of an estray may recover possession of the animal at any time before the animal is turned over to the custody of the Tarrant County Sheriff's Department: (1) The owner has provided the humane division with an "Affidavit of Ownership" of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; C. The property from which the animal strayed; d. A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics. (2) The humane division has approved affidavit; (3) The affidavit has been filed in the "Estray Book;" (4) The owner has paid all estray handling fees to those entitled to receive them; (5) The owner has executed an "Affidavit of Receipt" containing at least the following information: a. The name and address of the person receiving the estray; b. Date of receipt of estray; C. Method of claim to estray (owner purchaser at sale); d. If purchased at sale, the amount of gross purchase price; e. Amount of estray handling fees paid; f The net proceeds of the sale; and Page 36 1M]IMail1 (6) The humane division has filed the "Affidavit of Receipt" in the "Estray Boob." Sec. 14 -435. - Fees. For each and every estray taken and impounded there shall be paid to the City by the owner thereof or his agents a fee for the taking and impounding of the estray and a fee set for each night, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the humane division, such fee being charged for the caring and feeding of such animals. The owner shall also pay for any veterinarian or drug fees incurred for the animals while in the custody of the humane division. These fees are set out in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14438. - Use of estray. During the period of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose. Sec. 14439. - Death or escape of estray. If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the humane division. The report shall be filed in the "Estray Book." Sec. 14440. - Breeding of animals. It shall be unlawful for the owner or harborer of any animal listed in this article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. Sec. 14441. — Animals and fowl within the City It shall be unlawful for any person to keep any horse, cow, cattle, sheep or goats within 100 feet of another resident or occupied building, or any hog or pig within 500 feet of another residence or occupied building; except that the property containing at least three acres of land, in agriculture zoning, with no more than five horses and no other offending animals, shall not be in violation if the horses were being legally kept before the construction of the residence which would give rise to the violation and no more than two livestock or fowl on a minimum of one acre for properties zoned R -1 -S. ARTICLE XIV. - KENNELS, CATTERYS, PETSHOPS AND MULTIPET HOUSEHOLDS DIVISION 1. - GENERALLY Page 37 1M]'MailN DIVISION 2. - KENNELS OR CATTERYS Sec. 14 -491. - Boarding. (a) Mininiurn standards. All boarding kennels or catteiys shall, in addition to the other requirements of this chapter, comply with the minim standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon their request during reasonable hours. (b) Indoor enclosures. Indoor enclosures (cages, kennels or runs) shall be provided for each animal housed. These enclosures shall be constructed of an impervious material. Floors shall be metal, fiberglass, concrete or covered throughout with a. minimum of three inches of gravel. Enclosures must be cleaned daily with a. disinfectant, cleanser or chlorine bleach. Cleaning materials must be present at the time of any inspection in amounts sufficient to clean the entire facility. Anim als must be removed fiom enclosures during cleaning. (c) Building teinperatrre. Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained by means of windows, doors, vents, and fans. (d) Sufficient space. Each animal shall have sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure. If additional space is not provided, either indoor or outdoor, then this enclosure must provide an adequate exercise area. (e) Beds or resting benches. Beds or resting benches shall be constructed of an impervious material. (f) Outdoor runs or enclosures. Outdoor runs or enclosures may be provided in addition to the indoor enclosures. These outdoor enclosures may be separated or attached to the indoor enclosures. These outdoor enclosures shall be constructed of an impervious material with floors as in subsection (a) of this section. (g) Cleanliness and dryness. All enclosures shall be Dept clean and dry. (h) Protection front weather. All enclosures shall provide protection from the weather. (1) Food. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. Page 38 1M]IMail1 {j) Water. All animals shall have fresh water available at all times except as part of a veterinary treatment regimen. Water vessels shall be mounted or secure in a manner that prevents tipping and be of the removable type, except in areas where animals are kept for medical recuperative purposes. (k) Veterinary care. Veterinary care shall be provided to maintain good health and general welfare and to prevent suffering. All costs for such care will be paid for by the Class A & D kennel or cattery and reimbursed by the owner of the puppy, dog, cat or kitten unless such care is the result of negligent action or inaction of the owner of the Class A & D kennel or cattery. (1) Proof of license and rabies vaccination. Animals over the age of three months which are boarded must have proof of a valid city animal license (if applicable) and rabies vaccination. (m) License application for unlicensed pets. Owners of boarded animals which do not have proof of a valid pet license shall be presented with a license application by the boarding kennel or cattery. Such application shall be supplied by the humane division. The owner shall be advised by the boarding kennel or cattery of the licensing requirement and that they are subject to a citation should the kennel or cattery be inspected while their animal is being boarded. The boarding kennel or cattery shall provide the name and address of any animal being boarded to humane division upon request. Sec. 14 -492. - Class A kennels or catteiys. All Class A kennels or catterys shall, in addition to the other requirements of this chapter, comply with the nunimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon request during reasonable hours. Each Class A kennel or cattery shall comply with the standards set forth in section 14 -491 in addition to the following standards. (1) Each dog or cat, three months of age or older, must have proof of a valid vaccination against rabies. (2) Each purchaser of a dog, cat, puppy, or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, of this chapter by the kennel or cattery and with a city animal license application. (3) Each Class A kennel or cattery license shall apply to up to ten dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dugs or cats. Page 39 1M]IMail1 (4) The facility/premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public; d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises; (5) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; (6) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (7) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (8) Additional licenses may be denied. (9) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (10) Must be in compliance with all zoning, code compliance and consumer health regulations. Page 40 I!]'MailN Sec. 14 -493. - Class B kennels or catterys. (a) Generally. All Class B kennels or catterys shall, in addition to the other requirements to this chapter comply with the minimum standards of this section. Failure to meet these standards shall he grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon their request during reasonable hours. (b) Animals kept primarily indoors. shall be provided with wholesome food and clean water, a clean living environment free of accumulated waste and debris, comfortable temperature and ventilation, and provided veterinary care when needed. If allowed access to outdoors on a temporary basis, the outdoor area shall be kept free of waste and debris and well drained. Such outdoor area shall comply with all restraint requirements contained in this chapter. (c) Animals kept primarily outdoors. Animals kept primarily outdoors shall be provided with adequate shelter, a clean living environment free of accumulated waste and debris, supplemental protection from weather extremes and well drained. Such outdoor area shall comply with all restraint requirements contained in this chapter. (d) Limitation on number of dogs and eats. Each Class B kennel or cattery license shall apply to no more than five dogs and/or five cats, three months of age or older. Any additional dogs or cats three months of age or older must be licensed individually. (e) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (f) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (g) Any additional anima brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (h) Information to owner. Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, of this chapter by the kennel or cattery and with a city animal license application. (i) Must be in compliance with all zoning, code compliance and consumer health Page 41 1M]IMail1 regulations.. Sec. 14 -494. - Class C kennel. (a) General standards. Any Class C kennel shall, in addition to the other requirements of this chapter, comply with the standards of this section whenever any dog is trained for guard, sentry or obedience purposes. Failure to meet these standards shall be grounds for denial of or revocation of a kennel license, and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by an animal services officer upon his request during reasonable hours. (b) ,specific standards. Class C kennels shall comply with the standards set forth in section 14 -491, regarding a boarding kennel or catteiy in addition to the following standards: (1) The area used for training shall be clean, flee of accumulated waste and debris and well drained. (2) Outdoor areas where animals are trained for guard or sentry work, must be completely enclosed or surrounded by a fence at least eight feet in height, installed at or below ground level with anti - climbers at the top. (3) Enclosures and the training area must be locked at all times to prevent unauthorized entry or escape of the animals. (4) No training shall employ the use of chemicals, electrical or mechanical devices which may cause pain, injury or death. (5) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public; Page 42 113 IM ail 1 d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises; (6) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; (7) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (8) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (9) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (14) Must be in compliance with all zoning, code compliance and consumer health regulations. See. 14 -495. - Class D kennels or catteries. All Class D kennels or catteries shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon request during reasonable hours. Each Class D kennel or cattery shall comply with the standards set forth in section 14 -491 in addition to the following standards. (1) Each dog or cat, three months of age or older, must have proof of a valid vaccination against rabies. (2) It shall be the responsibility of the foster household to provide the humane division with a copy of the non profit rescue group's 5016 IRS letter of determination, a letter authorizing them as a foster home with their group and/or any additional documentation requested by the humane division. (3) Each fostered rescue animal residing on premises over 10 calendar days shall be licensed with the humane division and such license fee shall be waived. Page 43 1M]IMail1 (4) It shall be the responsibility of the harborer to inform the humane division as animals are adopted and not returning to premises. (5) Each Class D kennel or cattery license shall apply to up to five dogs or cats and shall require an additional Class D kennel or cattery license for each increment of up to five dogs or cats. (6) The facility /premises must be adequate for the number and type of anmals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmfiil to the animal's health and/or to the health of the general public; d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises; (7) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; (8) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (9) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (10) Additional licenses may be denied. (11) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum Page 44 113 ItA► ail 1 allowed per ordinance within 14 days of written notification from humane division. (12) It shall be the responsibility of the permitted business or residence to renew permit annually. (13) Must be in compliance with all zoning, code compliance and consumer health regulations. Sec. 14 -496. - Revocation or suspension of permit. Any kennellcattery permitted under this chapter shall comply with all zoning laws, consumer health and code compliance regulations and any such kennel/cattery found to be in violation of such laws, or any other applicable law of the City or of the state, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the humane division or as otherwise designated by the City Manager.. DIVISION 3. - PET SHOPS AND ANIMAL HEALERS Sec. 14 -511. - Pet shop standards. (a) Generally. All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer or as otherwise designated by the City Manager upon his request during reasonable hours. (b) Water. There shall be available hot water at a minimum temperature of 140 degrees Fahrenheit for washing cages and disinfecting and cold water easily accessible to all parks of the shop. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over, and be of the type that are removable for cleaning. (c) Room temperature. Room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop. (d) Cages and enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, and lie down in the natural position. Each cage must be cleaned and disinfected each day. Page 45 1M]IMail1 (e) Feeding aniiiials. All animals under three months of age are to be fed at least three times per 24 hours. All from three months to nine months of age are to be fed at least two times per 24 hours. All other animals must be fed at least one time per 24 hour's period. Food for each aninial shall be served in a clean dish so mounted that the animal cannot readily tip it over and be of the type that are removable for cleaning. Disposable feeding dishes are acceptable for one -time use only. (f) Birds. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day, and cages must be disinfected when birds are sold or otherwise transferred. Parrots and other large birds shall have separate cages from smaller birds. (g) Bedding. There shall be sufficient clean, dry bedding to meet needs of each individual animal. (h) Daily care and maintenance. All animals must be fed and watered, and all cages cleaned every day including Sundays and holidays. (i) Information to purchaser. Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, by the pet shop and with a city animal license application. See. 14 -512. - Animals; certification as unfit for purchase. (a) Sale of unfit animals prohibited; certification. No pet shop, animal dealer, or other person shall sell any animal which is unfit for purchase. The purchaser of a animals from a pet shop, animal dealer, or other person which suffers or dies of a disease or parasitic infection must have these conditions or death certified by a veterinarian within 30 days of the purchase date as evidence that the animal was unfit for purchase. Any animal which suffers from any congenital or hereditary condition must be certified as unfit for purchase by a veterinarian within one year of the date of purchase. (b) Options of owner or purchaser. In the event that an animal is certified as unfit for repurchase and such certification is presented in writing to the pet shop, animal dealer, or other person, within 72 hours of the veterinary certification, the owner or purchaser may choose one of the following options and the pet shop, animal dealer or other person shall be obligated to fulfill the conditions of the chosen option. (1) The owner or purchaser may return the animal for a full refund of the purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the, to any veterinary fees incurred relating to the disease, defect, or infection; Page 46 113 IM ail 1 veterinary fees directly related to the veterinarian's examination and certification that the is unfit for purchase pursuant to this section; and for veterinary fees directly animal related to necessary emergency services and treatment undertaken to remedy the disease, defect, or infection. (2) The owner or purchaser may return the animal for an exchange equal to the full purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the animal, to any veterinary fees incurred relating to the disease, defect or infection; veterinary fees directly related to the veterinarian's examination and certification that the animal is unfit for purchase pursuant to this section; and for veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease, defect or infection. (3) The owner or purchaser may retain the animal and attempt to cure the disease, defect or infection, or to ameliorate the condition caused by the disease, defect or infection. The pet shop, animal dealer, or other person shall be responsible for the cost of veterinary fees incurred related to the disease, defect or infection for which the animal was certified as unfit, up to the fiill purchase price of the animal plus tax. (4) The owner or purchaser of animal which dies from the disease, defect, infection or condition for which it is certified as unfit for purchase may receive a fiill refiind of the purchase price of the animal plus tax in addition to any veterinary fees incurred relating to the disease, defect or infection up to the full purchase price of the animal plus tax. (5) The pet shop, animal dealer, or other person may contest a demand for veterinary expenses, refiind, or exchange made by a purchaser or owner if done so in writing within two days of the owner or purchaser's presentment of a certificate of unfitness. In the event that the pet shop, animal dealer, or other person wishes to contest a demand for veterinary expenses, refi nd, or exchange made by the purchaser or owner pursuant to this section, the pet shop, animal dealer or other person shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the dealer are curable to reach an agreement which constitutes one of the options set forth in subsections (b)(1) through (b)(4) of this section within ten business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement of veterinary expenses, refiind or exchange. Page 47 1M]IMailN See. 14 -513. - Waiver. (a) Waiver procedure generally. A purchaser may sign a waiver knowingly relinquishing all of the above rights specified in section 14- 512(b). The waiver must include the following language: "These are your rights under City of North Richland Hills Codified Ordinance Sec 14 -513. If you purchase any animal which is certified by a veterinarian as unfit for purchase within 30 days following the date of purchase, or in the case of congenital or hereditary condition, within one year following the date of purchase, or if such animal dies and is so certified, and if you present such certification in writing to the seller within 72 hours, you have the right to return animal to the seller for a full refund or exchange of equal value, or you may keep it and attempt to cure the condition. You may also recover certain qualified veterinary fees up to the purchase price of the animal. If you sign this waiver you will lose these rights." (b) Form of waiver; other warranties and sale conditions. The waiver must be in bold print and signed by the buyer. If such a waiver is signed by the buyer, the pet shop, dealer, or other person may offer his own warranty, or sell the animal "as is." (c) Maintenance of records. In addition to the other requirements of this section, the owner of each animal which is placed for sale, adoption or placement, shall maintain a record which documents the origin of the animal. This record shall contain the name, address, and telephone number of the kennel/cattery and its owner, or the individual, which produced the animal. In the case of adoption from a licensed humane or government operated shelter, the record must indicate if the animal was a stray, where it was picked up and by whom; if previously owned, the name and address. This record shall be available to the humane division. (d) Advertisement for sale, adoption or placement of unfit animals. All advertisements for the sale, adoption or placement of these animals within the City must contain the owner's animal dealer, pet shop, kennel or cattery license number and/or their individual dog/cat or multiple cat household license number. DIVISION 4. - MULTIPLE PET HOUSEHOLD Sec. 14 -531. - Limitations; conditions for multipet permit; revocation. (a) Limitations and conditions. No person shall keep, maintain, harbor or be enabled to harbor more than three (3) dogs on their premises; in the event that person is harboring three (3) dogs, they may not harbor more than two (2) cats at the same time. No person shall keep, maintain, harbor or be enabled to harbor more than three (3) cats on their premises; in the event that person is harboring three (3) cats, they may not harbor more than two (2) dogs at the same time. This section shall not apply to persons holding a valid multiple cat household permit. Puppies and kittens under three (3) months of age shall not be counted for the purposes of this Page 48 I!]IMail1 section. Any person, firm, or corporation desiring to keep more than the above mentioned number of animals and who does not possess a kennel permit, shall apply for a multiple pet permit at the anima adoption and rescue center. The permit, once issued, shall be defense to the terms of this section. The multipet permit shall be issued provided the applicant meets all provisions of this section and of this chapter. The fee shall be charged and shall be valid for one year form the date of issuance. Upon inspection of the premises by the humane division, the permit shall be issued if the following conditions are met. (1) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably flee of animal waste, parasites, insects and flies that could be harmful to the animal's health and /or to the health of the general public; d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises; (2) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; (3) The animals must be maintained im a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (4) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (5) The applicant or holder of the permit has not been issued warnings or citations for violation of any chapter in this ordinance on two separate occasions, or animals covered by or to be covered by the permit have not been impounded on two separate occasions within a twelve (1.2) month period prior to the application; Page 49 113 ItA► ail 1 (6) All animals must be surgically altered, licensed and vaccinated and must wear current rabies vaccination and city license tags at all times in accordance with article III of this chapter; and (7) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify and receipt of approval fiom the humane division of additional animals is grounds for revocation of licenses. (b) Revocation of rnult pet permit. The multipet permit may be revoked by the humane division if, upon investigation, it is determined that the permit holder has failed to adhere to any of the above conditions listed in this section. Once the permit has been revoked, the number of animals on premises must be brought down to the maximum allowed per ordinance within ten (10) days of written notifications from the humane division. The person whose permit has been revoked may not reapply for a period of one year from day of revocation. Sec. 14 -532. - Multiple cat household. A person may own and house up to four cats which are altered and which are kept exclusively indoors as companion animals. No inspection is rewired; all cats must have valid rabies vaccinations, and the owner must obtain a multiple cat household permit. This permit shall be in lieu of individual licenses for each cat up to four cats. Sec. 14 -533. - Term of permits; compliance with zoning requirements. Permits shall be valid for one year from date of issuance and shall only be issued upon approval of planning and inspection or as otherwise designated by the City Manager who shall document that said kennel/cattery meets zoning, consumer health and code compliance requirements. Sec. 14 -534. - Revocation or suspension of permit. Any kennel/cattery permitted under this chapter shall comply with all zoning laws, . consumer health and code compliance regulations and any such kennel/cattery found to be in violation of such laws, or any other applicable law of the City or of the state, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the humane division or as otherwise designated by the City Manager. ARTICLE XV. - BOARDINGIRIDING STABLES Page 50 1M]IMail11 Sec. 14 -561. - Standards. All boarding/riding stables as defined therein shall, iii addition to other requirements of this city, comply with the minimum standards of this section as well as other state laws that apply. (1) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (2) All equipment used for riding must properly fit each individual animal. (3) All buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine shall be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably diy. (4) Flies and other insects must be controlled through general sanitation and necessary means. (5) Animals let for riding/teaching purposes must be in good physical condition. (6) Boarding /riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addition to the above requirements also adhere to the following standards: (a) Animals exhibiting the following shall be deemed unfit for work: (1) Sores of abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (2) Serious injury or illness. (3) Obvious signs of emaciation, malnutrition, lameness or exhaustion. (b) Animals requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, pasturing or obtaining medical care. (c) Animals shall be properly shod, and the hooves shall be kept trinnued. (d) Animals shall be kept clean particularly iii the areas in contact with harness or other tack. Page 51 113 ItA► ail 1 (e) Animals shall not be worked more than two hours without being given a total of 30 minutes rest. The maximum working period for any one animal shall be ten hours out of every 24 hours. (f) Animals shall not be worked when the temperature at the workplace reaches or exceeds 95 degrees Fahrenheit. Animals which are on heat stress treatment which has been prescribed by a veterinarian may be worked while under such treatment as long as a veterinarian is on the premises of the workplace. (g) No animal shall be over - ridden or driven to result in overheating or exhaustion. (h) All tack, to include but not limited to harnesses, bridles, saddles, and blankets shall be kept cleaned and in good repair. (1) No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal. See. 14 -562. - Quarantine. The humane division may order a quarantine of the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons: (1) Excessive parasitism diagnosed by a veterinarian which would cause the animals to be unfit to be ridden or driven. (2) General malnutrition as diagnosed by veterinarian. (3) Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. Sec. 14 -563. - Inspection. Facilities shall be subject to inspection by a humane officer or as otherwise designated by the City Manager upon a request during reasonable hours. Sec. 14 -564. - Inspection fee. There shall be a fee, as set out in Appendix A, for the inspection of facilities by the humane division. The director of finance shall review all the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce." Page 52 1M]IMail1 Section 2: Appendix A of the North Richland Hills Code of Ordinances is hereby amended by amending the fees applicable to Chapter 14, ANIMALS to r read as follows: CHAPTER. 14 AMNLkLS Section Registration fee for the responsible pet owner program (not regulated nla 14 -325 by CPI according to ord.) Section Fees related to impoundment and surrender of dogs and cats: 1A -151 First impoundment altered dog or cat 40.00 Second impoundment altered dog or cat 197.00 Thud impoundment altered dog or cat 129.00 Impoundment of unaltered animal: First impoundment 52.00 1 Second impoundment 97.00 1 Third impoundment 129.001 Boarding fee, per night 17.00 Quarantine fee, per night 22.00 Surrendered animals: Animal surrendered by city resident 1 6.00 Animal surrendered by nonresident 36.00 Large animals surrendered 62.00 Surrender for rabies analysis 64.00 Dog/cat wearing current license tag and impounded for first time is eligible for 50 percent reduction in impoundment fee. When an unaltered animal has been impounded, a $15.00 rebate will be given to the owner if proof that the animal has been altered is - presented within 30 days of the initial impoundmen Section Fees for cremation of deceased animals 32.00 14 -351.1 Section Fees related to licensing 14 -352 Unaltered dog or cat 29.00 Altered dog or cat 9.00 Altered animal whose legal owner is 6 5year s of age or older No fee Page 53 113 ItA► ail 1 Dogs which are professionally and specifically trained to assist No fee disabled owner 14 -355 License related fees I Duplicate replacement tag 5.00 Late animal license fee (past 30 days) 17.00 I Guard dog 1 1 7.00 Section Fees related to estrays Restricted animal permit fee 14 -353 14 -356 Impoundment of estray 100.001 Board, per night 2100 Section Inspection of riding stables 34.00 1 A 2SA Section Fees related to registered dangerous dogs 14 -355 Registered dangerous dog 600.00 Dog declared dangerous by another entity [n/a Section Restricted animal permit fee 64.00 14 -356 Section Fees related to pet shops, kennels /catteries and multiple pet owners 14 -357 I Boarding kennel/catteiy 197.00 Class A kennel/cattery 97.00 I Class B kennel/cattery 197.00 I Class C kennel/cattery 97.00 Class D kennel /cattery 27.00 Pet shop 97.00 Multi -pet household 97.00 Multi -cat household 97.00 Section Control and violation notices 7A 2CQ Control notice in lieu of citation for running at large 34.00 I Violation notice in lieu of citation for violation of license 34.00 Section Adjustment for consumer price index 14 -359 The director of finance shall review all environmental services fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. Page 54 113 ItA►ailN Section 3: This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of North Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Section 4: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a count of competent jurisdiction, such unconstitutionality shall not affect the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating dangerous dogs that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 6: Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Section 1- 13, North Richland Hills Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Section 7: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of North Richland Hills. Section 8: This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. AND IT IS SO ORDAINED. Passed on this day of April, 2013. . Oscar Trevino, Mayor Page 55 1M]IMail1 ATTEST: Patricia Hutson, City Secretary . ":• 1 1 :. • iC� .r11 �r George Staples, Attorney APPROVED AS TO CONTENT: Page 56 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.3 Discuss Revisions to Chapter 118, Article VIII of the Code of Ordinances (Fencing and Screening Regulations). (15 Minutes) Presenter: Clayton Comstock, Senior Planner ITEM SUMMARY: TR 2013 -02 is Ordinance 3244, a proposed amendment to the City's Screening and Fencing Regulations section of the Zoning Ordinance (Article VIII). The primary purpose of this ordinance is two-fold 1. To provide greater flexibility for rural fence types in !North Richland Hills. 2. To address minimum standards for dumpster enclosures. The Development Review Committee (DRC) also discussed fencing along collector and arterial streets. Although not the primary purpose of this text revision, staff is bringing forward a revision that would implement a component of the 2001 City Image Study in this area. RURAL FENCE TYPES: This text revision would allow more rural fence types such as post -and -rail, post -and- board, pipe, and split rail for those that are zoned R -1 -S or AG and have at least one acre of property and 150 feet of frontage on a street. This is in response to some rural homeowners' requests for such a provision and City Council's recent comments regarding the rural character of certain areas in NRH. Current regulations require wrought iron and masonry columns and thus do not permit such fence types as those pictured below. T / s 1 7z r Examples of fence types currently not permitted by Code. The proposed text would read as such 11 Rif The areas that this ordinance would affect are all located north of Mid- Cities Blvd and include such roads as Valley, Continental, Little Ranch, Meadow Creek, Eden, and Rumfield. The map at left will be presented in Work Session to describe the areas in yellow (R -1 -S) and green (AG) in more detail. Not all R -1 -S and AG properties will be permitted the right for a rural fence. In addition to the zoning, properties must have at least 150 feet of frontage along a street and must have at least one acre. Many non- conforming AG lots have less than one acre and/or less than the frontage requirement and some R -1 -S lots have less than is the frontage requirement. s Staff has also structured it so that front yard fences have a tiered approach 0 H U_ Q A H Q O d N A Rural Fence may be permitted in the front yard of any property zoned AG or R -1 -S, with a minimum of one acre, and with at feast 150 feet of frontage on a street. Said Rural Fence may not exceed five feet in height and may be one of the following fence types: mortised split rail, wrought iron or ornamental metal, tubular steel pipe, post- and -rail, or post- and - board. The use of cable may be permitted in conjunction with tubular steel pipe fencing. The use of continuous square mesh fencing, or "non- climb" fencing, and /or masonry columns spaced 20 to 50 feet on center may be used in conjunction with any of the aforementioned Rural Fence types. The use of barbed wire or electric fencing for the purpose of livestock containment shall only be permitted in conjunction with any of the aforementioned Rural Fence types. No Fence Propedties wHh less Ur 100 reef of frontage Wrought iron Iomamental metal Rural fences permitted (i.e. Wrought iron 1 ornamental metal fence permitted, max. 4' tall, with post- nd -rail, post- and - board, fence permitted, max. 8 tall, or without masonry columns pipe, split rail), max- 5' tall, with requires masonry columns or without masonry columns 9P 9N T I. I : -- Propene with ae least 100 feet of franta}ee Properties with at least W T tof frontage, AG1R -1 -S xorwng and min. l acre Prapmgas with at [east ZU fbat W frontage and min- 1 acre (Rural Fanoe ape dependant on xontng) Residential Front Yard Fence Types SCENIC CITY RECOMMENDATIONS: The City of North Richland Hills received the "Silver" designation by the Scenic City Certification Program, a program that recognizes a municipality's policies that promote quality development and environmental stewardship. NRH was only 15 points short of the "Gold" designation and the Program administrators have allowed applicants until April 30, 2013 to submit documentation of newly adopted ordinances that address points that were not awarded. The recent passage of the Outdoor Lighting Ordinance should provide us with 5 points, and clarifications to our current policies that weren't awarded any points previously may result in an additional 6 points. One area that the Program recommended changes to our regulations was dumpster enclosures and screening. There are an additional g points possible as a result of these revisions. Together with those listed, the City may be eligible for the "Gold" designation. DUMPST'ER ENCLOSURES: This section was revised to provide dumpster enclosure standards for size, height, material, etc. Many of the items covered in this revision had already been addressed, but not enough to satisfy the Scenic City program. To summarize the revisions, dumpster enclosures are required 1. Masonry and consistent with the Dec ata Pad Mi primary building; 2. Minimum of 12 ft by 12 ft in size with a pedestrian access gate or opening 3. Minimum of six feet in height 4. Equipped with a solid metal gate with self - closing hinges c l 5. Landscaped when sited adjacent to open space area s' 6. Located and oriented to minimize visual impact ir, a 'h-h r� gh nietrr by 1- V ?" . aea a {or gate a... 2 aac at Dead arsd open wpa b.11. M Furthermore, a design guideline (right) has _ P .A been provided to illustrate the standards P eosdl°oG°� and other design aspects to consider. This design is based on one provided by the City's contracted waste collection provider and has been incorporated into site plan reviews for some time. FENCING FACING A COLLECTOR OR ARTERIAL: Unrelated to the Scenic City program recommendations yet a recommendation of the 2001 City Image Study is the quality and design of fencing facing major and minor thoroughfares in NRH. Specifically, the City Image Study recommended "Replace unsightly privacy fences along thoroughfares. A plan to replace dilapidated privacy fences visible from major and minor thoroughfares should be developed. Masonry walls should be constructed to eliminate this problem. A uniform masonry wall design should be selected that would continue the length of a thoroughfare creating character and identity for each street. This design would be addressed in a thoroughfare master plan." While staff is not proposing such a drastic solution to the thoroughfares, one step in the right direction may be to require any wood privacy fence facing a collector or arterial street to face its smooth side to the right -of -way and keep all posts internal to the lots. Another proposal is to not allow a wood privacy fence to extend beyond the height of a subdivision screening wall. Staff also presented a proposal to prohibit the use of chain link fencing along a street. This regulation is to bring consistency throughout the city as many of the subdivisions are deed restricted against chain link fencing. The Planning & Zoning Commission recommended that the chain link prohibition be removed from the Ordinance. Pictures and examples of these issues will be presented by staff. ADDITIONAL REVISIONS: Staff has also made revisions to the maintenance section and other grammatical and format revisions to other parts of Screening & Fencing Article. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a work session on this item on March 7 and a public hearing on March 21. They voted 5- 0 on March 21 to recommend approval to City Council, subject to the prohibition on chain link fences along a street being removed. WORK SESSION INPUT: Staff is asking for any additional input from City Council before bringing Ordinance 3244 to a public hearing on April 22. The deadline for submitting materials to Scenic City for review is April 30. 113 .A► X111 ORDINANCE NO. 3244 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118 -1 AND ARTICLE VIII AND PROVIDING ILLUSTRATIONS FOR ARTICLE IX OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING REGULATIONS FOR SCREENING AND FENCING; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, it is the goal of the City Council to provide quality community development and revitalization, safety and security, a positive city image, a sense of community and local and regional leadership; and WHEREAS, the Scenic City Certification Program recommended improvements to the City's screening and fencing regulations; and WHEREAS, the 2001 City Image Study also recommended a more detailed policy on wood privacy fences facing a major or minor thoroughfare; and WHEREAS, the rural character of certain areas in North Richland Hills ought to be preserved; and WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following definitions: DR "Sec. 118 -1. Definitions. Fence. Any construction or hedge greater than thirty inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall and Screening Shall be considered a fence. Dikes and restraining walls for the purpose of retaining soil are not classified as a fence." SECTION 2. That the title of Chapter 118, Article VIII of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: ii'_l:11[91A41 0 = 1=1► II►E C7 _1 iUMI=1'[93 1►[C3IFI1►117110Bic% SECTION 3. That Section 118 -870 be hereby codified under Chapter 118, Article VIII (Screening and fencing standards) of the Code of Ordinances of the City of North Richland Hills, Texas, and be amended to read as follows: "Sec. 118 -870. — (Purpose and applicability. (a) Purpose. It is the purpose of this Article to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the city. (b) Applicability. This Article shall be applicable to all new construction or where fifty percent or more of an existing screen, fence or wall requires replacement. (c) Enforcement. The Chief Building Official, or his/her designee, shall administer and enforce the provisions of this Article relating to Screening and Fencing." SECTION 4. That Section 118 -871 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -871. — Masonry screening walls. (a) Applicability. In addition to the Applicability standards herein provided in Section 118 -870, this Section shall be applicable to any proposed building remodeling, alteration, addition, or expansion in which either the value of the proposed improvements exceed 50 percent of the current appraised value of the existing structure, excluding the value of the land, or increases the square footage of the building by 30 percent or more. DM IFT (b) Masonry screening wall required. A masonry screening wall, not less than six feet nor more than eight feet in panel height, shall be required on all property in accordance with Section 118 -872, except as otherwise provided herein. (c) Location of screening wall. The masonry screening wall shall be constructed along the entire length of the common property line between such properties and within the property required to erect the screening wall. The masonry- screening wall shall be constructed prior to the issuance of any certificate of occupancy. (d) Abutting Iron Horse Golf Course. Residential lots that abut Iron Horse Golf Course shall be exempt from the masonry screening wall requirement. (e) Little Bear Creek Corridor. Only those ,portions of lots or tracts lying within the Little Bear Creek Corridor shall be exempt from the masonry screening wall requirements. (f) R -7 -MF Multifamily Residential District and MH -1 HUD Code Manufactured District. Perimeter screening abutting public street right -of -way, parks, or other dedicated open space shall be provided as follows: (1) Where a proposed development is adjacent to a C -4 -U thoroughfare, or larger, as shown on the master thoroughfare plan, said screening shall consist of a permanent decorative masonry screening wall, not less than six feet in height, constructed along and adjacent to said thoroughfare. (2) Where a proposed development is adjacent to a C -2 -U or R -2 -U thoroughfare, park, or other dedicated open space, said screening wall shall consist of a permanent decorative screening wall of masonry, stone, or wrought iron type construction, or a combination thereof, not less than six feet in height. Wrought iron material shall not exceed 40 percent of the total wall face, including columns. (g) Hotel /motel developments. A masonry screening wall shall be eight feet in height where a motel or (hotel use abuts property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use. (h) Masonry screening walls required along C -4 -U or larger. Masonry screening walls shall be constructed adjacent to any residential thoroughfare designated as C-4 -U, or larger, on the Master Thoroughfare Plan. No screening wall shall be constructed within the street right -of -way. (i) Masonry screening walls. Masonry screening walls shall be constructed in accordance with the Public Works Design Manual and, where possible, shall be in a manner consistent with the exterior finish of the main building in material and DR color. Where applicable, screening walls shall be extensions of the development's architectural design. (j) Outdoor storage of material or commodities. Outdoor storage of material and commodities shall be screened with a minimum six -foot masonry wall. Materials or commodities shall not be stacked at a height greater than the height of the screening wall/fence. See Section 118 -718, outside storage regulations. (k) Screening not required for outdoor display, temporary uses, or incidental outdoor display. Outdoor display, temporary uses and incidental outdoor display, as defined within Section 118 -715, are exempt from the screening requirements of this Section. (1) Loading docks and delivery entrances facing public street. Loading docks and delivery entrances facing a public street shall require approval of a Special Use Permit in accordance with Division 8, Article 11 of this Chapter. Loading docks and delivery entrances not facing a public street shall be screened from any public roadway. Service /loading areas shall be screened from view from property zoned for residential use or 0-1 Office District, designated on the Comprehensive Land Use Plan for residential or office use, or used or subdivided for residential use by a minimum six -foot tall masonry wall, a solid living screen or a combination thereof. (m) Screening of vehicles waiting repair. A masonry screening wall not less than six feet nor more than eight feet in panel height, shall be required to screen any vehicle parked or stored for the purpose of pending repairs." SECTION 5. That Section 118 -872 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -872. - Table of district masonry screening requirements. The following is the table of district masonry screening requirements. Where a residential zoning district is not listed, no district screening requirements exist. Refer to separate screening requirements in the Town Center Zoning District and Transit - Oriented Development Zoning District. DMAFT Table 10-F Masonry Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts Column 1 Abutting District l►►►F11 Required p This District , r r c;a C) co co < CL Q� p tL R -7 -MF R R R R R R R R R R MH -1 R R R R R R R R R R R 0-1 R R R R R R R R R R R R NS1LR R R R R R R R R R R R R CS1C -1 R R R R R R R R R R R R HC/C-2 R R R R R R R R R R R R 0 R R R R R R R R R R R R 1 -1 R R R R R R R R R R R R 1 -2 R R R R R R R R R R R R U R R R R R R R R R PD As required by the approved site plan "R " denotes masonry screening wall requirement. 1 Wall required when the planned development is for residential use. 2 Wall required when the AG -zoned district is planned for Low Density Residential or Medium Density Residential use on the Comprehensive Land Use Plan. SECTION 6. That Section 118 -873 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: DRAFT "Sec. 118 -873. - Screening wall and fence criteria generally. (a) Height. Walls and fences shall be no greater than eight feet in height. The height of a wall or fence shall be the vertical distance between the ground and the top of the wall or fence. In terrain where the ground slopes at a grade of ten percent or more, the wall or fence may be built in eight -foot horizontal stair step sections. The average height of each fence section shall be no greater than eight feet in height. Masonry columns may exceed the maximum height by no more than eight inches and shall not exceed the average height of the adjacent fence sections by more than eight inches. (b) Maintenance. (1) All screening and fences shall be adequately maintained, kept in good repair and in sound structural condition by the property owner and shall not create urban blight. Dilapidated fences shall be repaired or replaced in accordance with provisions of this Ordinance. (2) The property owner shall maintain fences, including those existing prior to the adoption of this section, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frames and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. (3) Property owners shall paint, stain and/or seal fence supports, gates, structural members and exterior surfaces as necessary to prevent rusting, peeling or blistering surfaces. Board -on -board and similar wood privacy fences may be painted or stained with natural wood colors. The use of high intensity, primary, metallic, or fluorescent colors shall be prohibited on any fence surface. (c) Front yards. Fences may only be allowed in front yards of property zoned for single - family residential and agricultural uses which have at least 100 feet of frontage on a street. Such fences shall be open air or nonsight- barring fences and shall meet the following standards: (1) Fences shall be wrought iron or ornamental metal, may have brick or stone columns spaced 20 to 50 feet on center, and shall be no greater than four feet in height. (2) Front yard fences greater than four feet and no higher than six feet in height may be permitted on residential lots greater than one acre in size with 200 feet or more of street frontage. Said fence shall be wrought iron or ornamental metal and shall have brick or stone columns spaced 20 to 113 RI W N 50 feet on center. Such properties, if zoned AG or R -1 -S, may also be permitted a rural fence type as provided herein. (3) A Rural Fence may be permitted in the front yard of any property zoned AG or R -1 -S, with a minimum of one acre, and with at least 150 feet of frontage on a street. Said Rural Fence may not exceed five feet in height and may be one of the following fence types: mortised split rail, wrought iron or ornamental metal, tubular steel pipe, post- and -rail, or post -and- board. The use of cable may be permitted in conjunction with tubular steel pipe fencing. The use of continuous square mesh fencing, or "non- climb" fencing, and/or masonry columns spaced 20 to 50 feet on center may be used in conjunction with any of the aforementioned Rural Fence types. The use of barbed wire or electric fencing for the purpose of livestock containment shall only be permitted in conjunction with any of the aforementioned Rural Fence types. (4) Private entry driveway gates may be permitted for any property that is permitted a front yard fence. Said gates shall be set back from the planned ultimate right -of -way line as shown by the Master Thoroughfare Plan a minimum of 20 feet to accommodate the on -site queuing of one vehicle. (d) Visibility triangle. All walls and fences located on a corner lot shall comply with any applicable visibility sight triangles as provided for in this chapter. (e) Transverse frontage lots. When the rear yard of a first lot abuts the side yard of a second lot, no fence on the first lot shall encroach into the side yard adjacent to the street unless the fence complies with subsection (c) of this section. (f) Reverse frontage lots. When the rear yards of two corner lots abut, fences complying with this section may be constructed within the side yard adjacent to the street. (g) Prohibited fencing material. No fence shall be constructed of sheet/corrugated metal, plywood, concrete masonry unit block, or other materials not manufactured or designed for the primary purpose of fence construction. The use of W" or "diamond" mesh, or chain link fencing is not permitted forward of the principal building on the lot. (h) Finished side facing thoroughfare. Wood fences adjacent to a collector or arterial street as identified on the Master Thoroughfare Plan shall have the finished or smooth side of the fence facing the thoroughfare and fence posts shall face interior to the lot. (i) Where a residential subdivision masonry screening wall is provided adjacent to a C -4 -U collector street or larger as identified on the Master Thoroughfare Plan, the DRAFT height of a fence adjacent or perpendicular to the screening wall shall not exceed the height of the subdivision's screening wall." SECTION 7. That Section 113 -874 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "See. 118 -874. - Screening of outdoor refuse containers. The following Section shall apply to all refuse containers, trash dumpsterslcontainers, trash compactors, box compactors, and other similar containers which are used for the disposal of waste. For the purposes of this Section, all such facilities shall be termed "container." (a) Container Enclosure Material and Dimension Standards. (1) Containers shall be screened on three sides using any combination of brick, stone, split -face concrete masonry unit with integral color, or other masonry materials installed in a craftsman -like manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate. Container enclosures shall be consistent with the exterior finish of the main building in material and color. (2) Container enclosures shall have a minimum internal dimension of twelve feet wide by twelve feet deep and shall meet the intent of the guidelines provided in Figure 1 -13, Article IX. For every dumpster added, an additional ten feet in width is required. One pedestrian access door or gate with spring- loaded or self - closing hinges shall be provided and shall meet the location and orientation standards provided herein. (3) Height. Said enclosure shall be constructed to be the greater of six feet or one foot above the container. In no case shall materials be stored higher than the screening provided. (4) Where possible, screening walls around service areas and/or dumpster enclosures shall be similar to or extensions of the development's architectural design. (5) Container enclosures shall be equipped with opaque metal gates fabricated from a minimum 20 gauge metal deck supported by a frame on spring - loaded or self - closing hinges. Gates shall be capable of fully screening the area from public view when closed. (b) Location and Orientation. Containers and their enclosures shall only be allowed as an incidental use on a property, and only when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped buffer yard. Container enclosures shall be located and DRAFT oriented such to minimize visual impact from adjacent properties and rights -of- way. (c) Residential Setback. Containers and their enclosures shall be set back a minimum of 25 feet from all property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use. (d) Landscape Screening. When a container enclosure is located adjacent to landscape area, it shall be additionally screened by evergreen shrubs reaching a mature height between five and fifteen feet. The quantity and spread of shrubs required shall be determined by the anticipated spread of the selected evergreen shrub at full growth. (e) Gates. Gates to any such area shall remain closed except when filling or emptying the container. (f) Recycling containers. Recycling containers shall not be required to be screened but be set back behind all the building setback lines of the primary structure." SECTION 8. That Section 118 -877 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -877. - Mechanical equipment screening for nonresidential uses and nonresidential zoning. (a) Roof - mounted mechanical equipment. Such equipment shall be screened from public view with a parapet wall, mansard -style roof or other architectural extension equal in height to the unit, except when the unit height exceeds five feet. The maximum screening wall height shall not exceed five feet. When the height of the units does exceed five feet, an additional roof setback for the unit shall be required at a ratio of two horizontal feet for each additional foot of vertical 'height above five feet. Public view shall be determined from any and all points on subject property where views from public street rights -of -way exist or occur. (b) Ground - mounted mechanical equipment. Such equipment, with the exception of TXU's distribution voltage of 25 kv (kilovolts) or smaller, shall be screened from public view with a screening wall or living screen equal in height to the unit. The screening may be constructed of masonry, wood, or evergreen plant materials. Public view shall be determined from any and all points along the adjacent right - of- way." SECTION 9. That Article IX of Chapter 118 ( "Illustrations ") of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following illustrations: 117'M W III Figure 1 -13: Container Enclosure Specifications concrete pad width 1 inside enclosure length - 12" } Al iV 4 �5 as Q V CV V i t L 43 � A M16 41 13 _ L V V U typ. evergreen shrub pipe bollard concrete pad designed to Withstand 10,000# per eingie wheel loads. SECTION 10. Severability, It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 113RIW1 SECTION 11. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. [Ax01 I[9]►fiKll;M"01 M. � The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. ►- 1'I 1 11 119RK.1ieie7N17-111►1 =1 1 1 PASSED AND APPROVED on this 22nd day of April, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor F -Aa11 36 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 113 IMI III l 1�1 rl �:ZG] ►1 =1 MANS LOI6167 ► I Il =1 i 16 John Pitstick, Director of Planning & Development MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.4 Gas Well Annual Permit Fee (20 Minutes) Presenter: Stan Tinney, Fire Chief Staff will be making a presentation to help clarify questions asked by the Council and Mayor during the Work Session presentation from February 11, 2013 on proposed changes to the Gas Well Annual Permit Fee. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.5 Discuss possible zoning text revision to clarify commercial zoning district nomenclature. ( 5 minutes) Presenter: Clayton Comstock, Senior Planner ITEM SUMMARY: Staff is proposing a Zoning. Ordinance text revision that would remove all references to the NS, CS and HC zoning districts from the Zoning Ordinance and reclassify them to their former names of LR, C -1, and C -2. This revision will simplify and streamline the Zoning Ordinance and official Zoning Map and remove a great deal of confusion. ITEM DESCRIPTION: Since Ordinance 2599 was passed on February 11, 2002, the City has had six retail /commercial zoning designations: those that existed before the ordinance (LR, C -1 and C -2) and those that were created by the ordinance (NS, CS and HC). Ordinance 2599 was created primarily so the nomenclature of the City's zoning districts would match the nomenclature of the Comprehensive Land Use Plan. For six years, the City was maintaining the regulations for all six categories. This meant maintaining two separate zoning ordinances. On January 14, 2008, City Council passed Ordinance No. 2978, which took the next step and removed the differences between the two sets of regulations. Instead, the zoning ordinance states that: • LR shall be governed by NS; • C -1 shall be governed by CS; and • C -2 shall be governed by HC. Nevertheless, the past five years have been very confusing to property owners, developers, brokers, staff members and the general public. The Zoning Ordinance is now written to provide regulations based on the NS, CS and HC classifications, however an overwhelming majority of the City's commercial zoning is classified as LR, C -1 or C -2. See the count of properties below. Zoning Zoning Count Pre-2002 - Post-2002 Count There have also been cases where a property 52 N5 10 must be zoned from C -1 to CS simply for the LR LR 335 CS 17 sake of the name of the zoning district, since a C -2 347 HC 4 property cannot have "split -lot" zoning upon development. :1=1►1=1aI&K91ANAVA6 1 Is] 'I • Staff time spent clarifying the issue on a weekly basis to brokers, developers, property owners, etc. would be reduced • Remove duplication from the zoning map • Remove chances for future errors (references to all six categories) NOTIFICATION REQUIRED: The City Attorney has been consulted on this revision, and any property that is currently zoned NS, CS or HC must be notified of the renaming of their district, so must all property owners within 200' of those properties. Staff has performed an initial analysis and has found that about 250 property owners would be notified of the reclassifications. The notifications that are sent out would be as descriptive as possible, explaining that no change to the existing regulation or land use entitlement is being proposed. It is simply the renaming of the zoning district name. ANTICIPATED TIMELINE: 418 City Council WORK SESSION Presentation 419 Property owners notified of renaming project by Certified mail. Given 2 weeks to inquire about details from staff 513 Notice of Public Hearing sent to property owners within 200' of properties being reclassified as well as the properties themselves 5116 PUBLIC HEARING: Planning & Zoning Commission 6110 PUBLIC HEARING: City Council CITY COUNCIL WORK SESSION: Staff will present the item and look for any input City Council might have. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentive in Northeast Sector of City Presenter: Craig Hulse NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. C.a Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 8, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilwoman Wriaht Ouieskv A.2 Pledge - Councilwoman Wriaht Ouieskv A.3 Special Presentation(s) and Recoanition(s) - Presentation of the Texas Cold Medal Award to Parks and Recreation AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 25, 2013 Citv Council Meetina B.2 Award Bid # 13 -012 for Aauatic Chemicals to DCC Inc. and Vallev Solvents & Chemicals in an Amount Not To Exceed $98,126 B.3 Authorize the Award of Contract for the Construction of the John Barfield and Callowav Branch Hike and Bike Trails to 2L Construction LLC, in the amount of $2.693,006.40 B.4 Authorize Pavment to Motorola Solutions, Inc. in the amount of $103,938.98 for the purchase of Emeraencv Public Safetv radios as part of the reaular replacement process of the radio fleet and for the Public Safety replacement vehicles C.0 PUBLIC HEARINGS C.1 Public Hearina and Consideration of Ordinance Adoptina Youth Proarams Standards of Care - Ordinance No. 3245 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. F.1 Consider Approval of a Resolution Supportina the Birdville Independent School District Bond Referendum - Resolution No. 2013 -013 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Agenda :KIM 10I go] VLVAF,II Eel 01_110 V :1•]1 - 2 H.1 Announcements - Councilman Barth H.2 Adiournment MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.a Call to Order - Mayor Trevino NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. A.1 Invocation - Councilwoman Wright Oujesky NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. A.2 Pledge - Councilwoman Wright Qujesky MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Presentation of the Texas Gold Medal Award to Parks and Recreation Presenter: Jared Miller, Assistant City Manager Summarv: The Parks and Recreation Department recently received the 2013 Texas Gold Medal Award from the Texas Recreation and Park Society (TRAPS). Kevin Mitchell, past president of TRAPS will be in attendance to officially present the award to the City. General Description The Parks and Recreation Department was recently named the 2093 Texas Gold Medal Award Winner by the Texas Recreation and Park Society (TRAPS) in the 50,000 — 100,000 population category. This award honors communities that demonstrate excellence in long -range park planning, park and recreation resource management, community programs and events, public input, marketing efforts and agency recognition during the past three - years. The award was officially presented at the TRAPS Annual Institute in Lubbock on March 7, 2013. Being named a Texas Gold Medal Award Winner is an impressive designation, and one that is a result of the collective efforts to serve the community by the citizens. elected officials and city staff. TRAPS is a non - profit professional and educational organization founded more than 70 years ago to advance the profession of parks, recreation, and leisure services in Texas. A state affiliate member of the National Recreation and Park Association (NRPA), TRAPS also maintains professional affiliate relationships with several state universities, athletic and civic organizations, recreational entities, state agencies, and commercial vendors who provide services or programs related to parks, recreation and leisure service management. Kevin Mitchell, past president of the Texas Recreation and Park Society will be at the Council meeting to present the award to the City. Mr. Mitchell is the Assistant Director of Parks and Recreation for the City of Grapevine and is active in several parks and recreation professional organizations. Although no action is needed by Council, we do commend the Parks and 'Recreation Department staff for their professional efforts that have made it possible for the City to receive this prestigious award. This is truly a team effort by City Council, our citizens, city management and staff. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. A.5 Removal of Items) from the Consent Agenda NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items Fisted below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. B.1 Approval of Minutes of March 25, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the March 25, 2013 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — MARCH 25, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of March 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Staff Members Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Kristin James John Pitstick Larry Koonce Stan Tinney Greg VanNieuwenhuize Laury Fiorello Chris Swartz Jerry Lewandowski Amy Stephens Clayton Comstock Stacey Udoni Kyle McAfee Craig Hulse Don Wertzberger Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Assistant to City Manager Director of Planning & Development Finance Director Fire Chief Engineer Assistant Finance Director NRH2O Park Manager Purchasing Manager Accounting Technician Senior Planner Public Works Management Assistant Assistant Fire Chief Economic Development Director Project Manager Call to Order Mayor Trevino called the work session to order at 6:01 p.m. A.a Discuss Items from Reaular Citv Council Meeting There were no questions from Council. A.1 Presentation of Municipal Complex Boulevard Namina Recommendations Councilman Turnage, Chair of the Naming Committee, introduced Laura Hunt and Sandra Brodnicki, Brodnicki & Hunt, consultants obtained by the City to provide guidance in evaluating potential names for the municipal complex boulevard. Ms. Hunt and Ms. Brodnicki explained their rationale behind some of the recommendations they were presenting and various factors taken into consideration. They presented to the Council nine options for the naming of the municipal complex boulevard with suggested building names, building address and outdoor area names for each of the options. Councilman Turnage advised the Naming Committee had reviewed the consultant's recommendations and the committee's first choice is City Point Drive followed by City Center Drive and Polaris Drive. After discussion by Council, Council concurred with the recommendations of Option 1: • City Point Drive • City Point West circle) • Building Name: • Address: • Outdoor Area: (portion of road that runs south from traffic North Richland Hills City Hall (formal) NRH City Hall, City Hall One City Point Drive City Point Plaza There was a discussion on the address of the Municipal Complex being One City Point Drive while the surrounding addresses would remain the traditional block addresses. Staff will confirm the address numbers. A.2 Introduction of Senator Kellv Hancock's District Staff & State Leaislative Session Susan Young and Ann Marie Craig, District Staff from Senator Kelly Hancock's office introduced themselves to Council and advised his office would be opening next week on Precinct Line Road. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551. Texas Government Code No items for this category. Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. C.0 Adiournment Mayor Trevino announced at 6 p.m. that the Council would adjourn to the regular Council meeting. 10*ill]W-11Zi 16111 k'M10�Jl=1 =1 I I ► IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order March 25, 2013 at 7:00 p.m. :1011 I&Y-Al I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary George Staples Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 2011. Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. Mr. Larry Koonce, Finance Director introduced Fred Werner, Past President of the Government Finance Officers Association of Texas, and currently serving as a consultant in various capacities for cities in the DFW area. Mr. Werner representing the Government Finance Officers Association of Texas presented the Certificate of Achievement award for Excellence in Financial Reporting for the City's Comprehensive Financial Report ending September 30, 2011 to Laury Fiorello, Assistant Finance Director, and Amy Stephens, Accounting Technician. The City has received the award for the last 29 consecutive years. Fifteen percent of the nearly 1,200 municipalities in the State of Texas and five percent of the nearly 36,000 cities in the United States received the award. A.4 CITIZENS PRESENTATION Denise Harris, 320 South Freeway, Fort Worth, representing Tarrant County Meals on Wheels, spoke on the need for more volunteers to help deliver meals to the elderly. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►C7 0 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 4, 2013 CITY COUNCIL MEETING COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.0 PUBLIC HEARINGS C.1 ZC 2013 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TRINITY PARTNERS FOR A ZONING CHANGE FROM AG AGRICULTURAL AND C -2 COMMERCIAL TO PD PLANNED DEVELOPMENT ON TRACTS 1 OF, 11 D AND 11 D1 OF THE T. PECK SURVEY AND LOT 1 R, BLOCK 1, D.J. ANDERSON ADDITION LOCATED AT 8525, 8533 AND 8601 DAVIS BOULEVARD - ORDINANCE NO. 3243 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Kevin McIntosh, 4 01 Polo Court, Colleyville, TX representing Trinity Partners and the underlying landowners, 'William C. Anderson, Leonard Hayes Newman and Haltom City Animal Hospital, presented the request. Trinity Partners presented a request at the February 11 council meeting for straight CS Community Services zoning that was denied by Council. Council suggested they consider meeting with the adjacent neighborhood for their input and consider a Planned Development zoning. Council was advised an informational and input - seeking meeting was held with the Steeple Ridge residents on February 19. Mr. McIntosh reviewed the adjacent zonings and land uses. A zoning change was presented for a proposed Planned Development with amended CS Community Services uses and regulations to help limit and buffer the use of the property from the Steeple Ridge neighborhood. The proposed regulations include: ■ removing several permitted land uses allowed in the CS Community Services Zoning District • 8 -foot residential masonry screening wall • 50 -foot building setback from residential • 35 feet maximum building height • 20 -foot residential landscape buffer with one large tree per 15 linear feet and 100% of trees must be evergreen. They also agreed to provide trees along the eastern boundary of the detention pond for additional landscape buffer. Mr. Clayton Comstock, Senior Planner, presented staff's report and the recommendation of the Planning and Zoning Commission. Council was advised a petition of opposition had been received which met the super majority rule requiring a three- fourths vote in favor to approve the request. The Planning and Zoning Commission recommended approval by a vote of 5 -0 adding clarification with additional screening of evergreen trees on the loading area, plus the detention pond will be part of the PD. The Planning & Zoning Commission's recommendations have been incorporated into the PD presented to Council. Mayor Trevino called for those wishing to speak in opposition to the request to come forward. The following individuals spoke in opposition: • Steve Vanwie, 8551 Shadybrooke Court — opposed to noise, light and smell generated by restaurants and grocery stores, would prefer lower density retail that would produce a lower traffic volume • Rosa Boyett, 8554 Shadybrooke Court — opposed to grocery stores or restaurants Mayor Trevino called for those wishing to speak in support of the request to come forward. The following individuals spoke in support: • Reverend Leonard Newman, 8501 Davis Boulevard — requested a favorable vote • Bill Anderson, 8525 Davis Boulevard — requested a favorable vote • Steve Bowman, Director of Real Estate for Aldi Division — advised Aldi had been targeting North Richland Hills for some time and was excited about the opportunity to locate on this property Kevin McIntosh came forward to clarify that the project was a low- density project. The project is 8 acres and 58% will be developed for commercial and the remainder will be a detention pond and landscape buffer. Mayor Pro Tern Lombard advised Lester Day, 3461 North Riley Place did not wish to speak but wanted to go on record as supporting the request. There being no one else wishing to spear, Mayor Trevino closed the public hearing and entertained) a motion. COUNCILMAN RODRIGUEZ MOVED TO APPROVE ORDINANCE NO. 3243, ZC 2013 -01. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT D.1 RP 2013 -01 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A REPLAT TO CREATE LOTS 1 R1 & 1 R2, BLOCK J, GALLOWAY FARM ADDITION ON 1.384 ACRES AT 7608 BOULEVARD 26 APPROVED Clayton Comstock, Senior Planner, presented the item. The City is requesting approval of a replat for the purpose of subdividing one commercial lot into two lots at the northeast corner of the Road to the Mall and Boulevard 26. The City is under contract to purchase the undeveloped 0.526 acre at the corner of Boulevard 26 and Road to the Mall for the purpose of providing a landscape entry feature to the new Municipal Complex and surrounding development. The Planning & Zoning Commission recommended approval of the replat at their March 21 meeting. COUNCILMAN TURNAGE MOVED TO APPROVE RP 2013 -01. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 PRESENTATION OF FISCAL YEAR 2012 AUDITED FINANCIAL REPORT APPROVED Laury Fiorello, Assistant Finance Director, presented the 2012 Fiscal Year Audited Comprehensive Financial Report. The report reflects that operating funds ended the year with positive cash balances and overall the results of operations during the 2012 fiscal year and the financial position at year -end reflect a sound fiscal condition. Mr. Terry Kyle with the independent audit firm of Deloitte and Touch presented the audit opinion. The auditor's opinion was an unqualified opinion or a `clean opinion" meaning that they found the financial statements of the City to fairly represent the City's financial position. COUNCILMAN WHITSON MOVED TO ACCEPT THE FISCAL YEAR 2012 AUDITED FINANCIAL REPORT AS PRESENTED. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 APPROVAL OF AMENDMENTS TO THE TIF #2 BYLAWS, CHANGING THE MONTH OF ANNUAL MEETINGS FROM NOVEMBER TO APRIL - RESOLUTION NO. 2013 -011 APPROVED Larry Koonce, Finance Director, presented the item. When the TIFs were created in the late '90s, the bylaws for TIF No. 1 required a board meeting in April and TIF No. 2 required a board meeting in November. Staff is requesting the Bylaws of TIF No. 2 be amended to change the month of annual meetings from November to April. This will allow both TIF board meetings, which have some board members in common, to be held on the same day each year in April. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RESOLUTION NO. 2013 -011. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 APPROVAL OF CONTINUED PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM - RESOLUTION NO. 2013 -012 APPROVED Kristin James, Assistant to the City Manager, presented the item. The City approved a resolution in 2011 which allowed for the automatic renewal of the HOME Investment Partnership Grant through 2014. The grant requires the City to commit on an annual basis the required 30% match. Staff is recommending the allocation of $36,000 toward the 30% match requirement for 2013. COUNCILMAN RODRIGUEZ MOVED TO APPROVE RESOLUTION NO. 2013 -012, CONTINUING THE PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM WITH $36,000 DEDICATED TO THE 30% MATCH. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 CERTIFICATION OF UNOPPOSED CANDIDATES, CANCELLING ELECTION AND DECLARING UNOPPOSED CANDIDATES ELECTED TO OFFICE - ORDINANCE NO. 3242 APPROVED Patricia Hutson, City Secretary, presented the item. The Texas Election Code provides for the cancellation of an election when each candidate whose name is to appear on a ballot is unopposed and there are no write -in candidates. The filing deadline for a place on the ballot for the May 11, 2013 City Council Election was March 1, 2013. At the conclusion of the filing deadline, the candidates who filed for a place on the ballot were unopposed. The law states that the authority responsible for preparing the official ballot (City Secretary) shall certify in writing and deliver to the governing body a certification of unopposed status. On receipt of the certification, the City Council may declare the unopposed candidates elected to office and cancel the election. Ordinance No. 3242 declares the below candidates elected to office and cancels the May 11 election. Council Place 1 Tito Rodriguez Council Place 3 Tom Lombard Council Place 5 David Whitson Council 'Place 7 Tim Welch COUNCILWOMAN WRIGHT OUJESKY MOVED TO ACCEPT THE CERTIFICATE OF UNOPPOSED STATUS AND TO APPROVE ORDINANCE NO. 3242 DECLARING THE CANDIDATES ELECTED TO OFFICE AND CANCELLING THE MAY 11 ELECTION. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 APPOINTMENTS TO LIBRARY BOARD - PLACE 3 & ALTERNATE APPROVED Patricia Hutson, City Secretary, summarized the item. The City Council is being asked to approve Mayor Pro Tem Lombard's nomination and Mayor Trevino's nomination to the Library Board. Ms. Mary Shilcutt who has been serving in the Place 3 position on the Library Board has submitted her resignation from the Board. The Code of Ordinances provides that the City Councilmember who holds the corresponding council place will make appointments to this Board. Mayor Pro Tem Lombard is recommending that Kathy Antropik, who is currently serving as an alternate, be appointed to the Place 3 position. Ms. Antropik has served on this board in the alternate position since July 2002. Mayor Trevino is recommending that Holly Mitchell be appointed to replace Ms. Antropik as the alternate. MAYOR PRO TEM LOMBARD MOVED TO APPROVE THE APPOINTMENTS OF KATHY ANTROPIK TO THE PLACE 3 POSITION AND HOLLY MITCHELL TO THE ALTERNATE POSITION ON THE LIBRARY BOARD. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. F.G AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BRINKLEY SARGENT ARCHITECTS FOR THE UPDATING OF THE NRH20 FAMILY WATERPARK'S MASTER PLAN APPROVED Chris Swartz, NRH20 Park Manager, presented the item. Council is being asked to authorize a professional services contract with Brinkley Sargent Architects for professional services related to updating the NRH20 Master Plan for development. The project will guide park development to build out over the next several years addressing future expansion and development, replacement of original existing attractions, theming, signage, parking and other issues. The City issued Requests for Qualification and after evaluation by a city committee and formal interviews, the committee unanimously recommended award of the contract to Brinkley Sargent Architects. COUNCILMAN WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BRINKLEY SARGENT ARCHITECTS FOR THE PROFESSIONAL SERVICES RELATED TO UPDATING THE NRH20 MASTER PLAN FOR DEVELOPMENT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. G.a EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No items for this category. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Rodriguez made the following announcements. Come join us for the groundbreaking of the new NRH City Hall on April 5th at 3:00 pm. The location of the event is at the former North Hills Mall Site next to the Calloway Creek Medical Office Building. You may access the site from Boulevard 26. Everyone is welcome and it is free to attend. The North Richland Hills Youth Advisory Committee is hosting a Dog Show from 1 p.m. to 3 p.m. on Sunday, April 7, 2013 at Tipps Canine Hollow Dog Park located at 7804 Davis Boulevard. Categories include Best Costume, Best Small Dog, Best Big Dog, Best Trick, Cutest Puppy, People's Choice and Best in Show. Participants can register in advance, or on site from 1 p.m. to 2 p.m. the day of the show. The entry fee is $5 per event or $10 for 3 events. All proceeds benefit the NRH Animal Adoption & Rescue Center. The Texas Coalition for Animal Protection will be offering low cost vaccines at the event. For more information call 817 -427 -6015. On Saturday, April 13, 2013 residents can get rid of unwanted bulky items during the annual Spring Community Cleanup. Items can be dropped off from 9 a.m. to 1 p.m. at the Tarrant County College- Northeast Campus, 828 Harwood Road (Parking Lot E.1 by the tennis courts). Proof of residency (driver's license or water bill) must be presented. Residents may get rid of brush, furniture, stoves, washers, dryers, dishwashers, containerized bricks, rocks or concrete and other bulky items. Goodwill Industries will be on site to collect donations. For more details, please call 817 - 427 -6663. Kudos Korner - Tim Horvath, Planning and Development. An email was received thanking Tim for all his assistance and guidance in getting the requirements of their new home met properly and final inspection received. He is so professional and such a wonderful asset to the city as well as the community. The couple truly appreciated everything he did for them. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:15 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. B.2 Award Bid # 13 -012 for Aquatic Chemicals to OCC Inc. and Valley Solvents & Chemicals in an Amount Not To Exceed $98,126 Presenter: Vickie Loftice, Managing Director Summarv: The City Council is being asked to award the annual contract for aquatic chemicals for NRH and NRH Centre to DCC Inc., and Valley Solvents & Chemicals. General Descriration: Staff has requested and received bids for the supply of ,pool chemicals for NRH20 Family Water Park and NRH Centre. The chemicals are utilized for sanitizing and balancing the approximately 1,055,000 gallons of treated pool water at NRH20 and NRH Centre. The two major chemicals utilized for sanitation are Sodium Hypochlorite (NaOCI) and Muriatic Acid (HCI). An additional minor chemical, Calcium Hypochlorite (CaOCI) and Sodium Bicarbonate are also included in the bid. Notice of the city's intent to bid was advertised in the local newspaper as required by State Statute; and posted on the city's website. Notice of the city's intent to bid was sent to seven (7) vendors requesting them to participate in this bid process. The Purchasing Department received four bids on February 28. Staff projects that approximately 67,000 gallons of Sodium Hypochlorite, 4,000 gallons of Muriatic Acid, 700 pounds of Calcium Hypochlorite and 1,500 pounds of Sodium Bicarbonate will be used during the 2013 season. Sodium Muriatic Calcium Sodium Quantity Hypochlorite Acid Hypochlorite Bicarbonate 67,000 gal 4,000 gal 700 pounds 1,500 pounds ■ $12,.000.00 $812.10 55 gal =$1.99 Lonestar Maintenance No Bid $973.00 $720.00 15 gal =$5.25 No Bid $8,740.00 $1,316.00 Poolsure I $123,950.00 No Bid No Bid No Bid Staff projects that approximately 67,000 gallons of Sodium Hypochlorite, 4,000 gallons of Muriatic Acid, 700 pounds of Calcium Hypochlorite and 1,500 pounds of Sodium Bicarbonate will be used during the 2013 season. DCC Inc. will be awarded up to $88,876 for the Sodium Hypochlorite and Calcium Hypochlorite and Valley Solvents & Chemicals will awarded up to $9,250 for Muriatic Acid and Sodium Bicarbonate. Recommendation: Award Bid # 13 -012 for Aquatic Chemicals to 'DCC Inc., and Valley Solvents & Chemicals in an amount not to exceed $98,126. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. B.3 Authorize the Award of Contract for the Construction of the John Barfield and Calloway Branch Hike and Bike Trails to 21L Construction LLC, in the amount of $2,693,006.40 Presenter: Joe Pack, Senior Park Planner Summarv: This item is to award the construction contract for construction of the John Barfield Trail (formerly known as Little Bear Creek Trail) and Calloway Branch Trail, which are the last two major trail components completing the City Wide Trail System Master Plan. General Description: The approved Capital Improvement Program Budget for FY 2012 -2013 includes funding for two projects, Calloway Branch Trail Development (PK9601) and John Barfield Trail Development (PK9602). Both projects are federally funded through the Texas Department of Transportation (TxDOT). In accordance with our grant agreement with TxDOT, the state will reimburse 79% of construction costs. The agreement requires the City to compensate the contractor, and then the City will seek reimbursement from TxDOT each month. Although the projects are identified separately in the Capital Budget, both projects have been designed and are being constructed concurrently. The approved Capital Budget includes $2,084,999 available for construction activities for the John Barfield Trail and $1,238,159 available for the Calloway Branch Trail, for a combined total construction budget for both trails of $3,323,158. Competitive bids were received from 12 contractors on January 30, 2013. The bids contained a base bid with two alternate bid items for each trail. Alternates included using brick pavers at all handicap ramps in lieu of concrete ramps, stone veneer on retaining walls at Liberty Park and the extension of a trail connector to Northfield Park. Based on contractor pricing as compared to the available budget for both projects, staff recommends accepting the base bid and alternate bid items from 2L Construction, for a total contract amount of $2,693,006.40. The remaining project balance will be used for other construction related activities such a materials testing, construction contingencies and state direct administrative costs. Staff also successfully requested the North Central Texas Council of Governments to re -score the original project and consider providing additional federal funding to offset TxDGT's state directed administrative costs and subsequently, the John Barfield Trail project will receive an additional $253,808 in federal participation. A revised project detail sheet showing the additional grant funds will be included in the FY2013 -2014 Parks Capital Budget. Once the bids were received and evaluated by staff, they were submitted to TxDOT for their evaluation and approval. On March 19, 2013, TxDOT provided authorization for the City to award the construction contract to 2L Construction. 2L Construction is a Boyd, Texas based company, having successfully completed several large, similar type projects in Mansfield, Sanger, Denton, Haslet, The Colony and Flower Mound. The contract with 2L Construction specifies 365 calendar days to reach substantial completion, allowing for a May, 2+014 opening. Recommendation: To Authorize the Award of Contract for the Construction of the John Barfield and Calloway Branch Hike and Bike Trails to 2L Construction LLC in the amount of $2,693,006.40. LOWEST BIDDER CONS7Rl7C71ON LLC 2,532,539.65 2,513,690.65 2A09,417.40 2533,070.65 2,548,190.65 2,643,386.40 9 PRA MAW COLE RATCUFFE I L 11 ARK STEEL 09DOER I FAIN I CIS CIVIL I CO ION I W RDSCAPE I CpNlRACTING I AND�MC TEN I GON7RAC__ I C NEFZACESN I CCNSTRUGTION I F EEMAN 2CMO INC. Plans Smght and Registered at Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Skela? Attend Pa Bid C feaenm? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 5 Addenda AasnpMadged7 Yes No (Only 4) Yes Yes No (any 4) Yes Yes No (my4) No (Only 4) Yes Yes Yes Bed Bond Pmwt7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Jahn Barflad Tray Base Bid 5,614,903.05 1,717,115.00 1,591,068.60 1,790,597,87 1,712.071.110 1,983,349,54 1.,801,496.87 1,853,751.25 1,687,92550 1,853,39222 1,558,363.85 1,663,773.89 BBJB Total Add o n iCamy 34,640.00 39,198.00 78,39040 34,998.78 36,982.00 40,088.00 35,798.10 65,325.00 40 POe.00 5$,580.50 33,986.00 45,270.x3 J BdVi pavers em an no s no and halm Add Aliemats No.2 Jofn Barfield Traa -01 Trail kits 121,565.05 125.,676.00 133 120A20.30 125,826.00 145,458.47 171,935.60 163,12325 126,82330 224,132,80 110,84675 116,82499 JBA2 NorlMiew Pak Calaway Brehm Tma Base Bid TOW 934,152.85 1,048250.50 953,962.39 889219.60 1,081,397.00 1,143,333.32 1,107,701.89 996,490.00 983, 18250 1,288,287.92 942,20820 950,098.42 BBCB Add ARantale W. 1 C —ste 15,120.00 17,010.00 34,020.00 15,188.04 15,878.00 17,388.00 15,53520 24,570.00 17,388.00 40,06B.O0 15,120.00 19,646.55 pavers on nodes and t-W& I:BAi Add Artemate No 2 Caloway aww Taal store veneer 49,500.00 105A00.00 98,00040 38,900.00 327,500.00 92,700.00 38,750.00 82A00.00 37, 500,00 85,500.00 34,500,00 28,215.00 "t",9 war C 642 El 1 BBIB>BBCB 2,549,055.90 2,765,365.50 2,544,430.99 2,679,817.47 2,793,468.00 3,126,68286 2,909,198.76 2,850241.25 2,681,108.00 3,151,680.14 2,498570.65 2,613,870.31 2 9B,l"8C8k.18A1 2,586,895.90 2,804,580.50 2,622,820.99 2.714B 14.25 2830,050.00 3,1188,748.88 2,944,996.86 2,915,566.25 $721,174.00 3,207,26084 2,532,539.65 2,859,140.54 3 BBJB*BBCB+CBA1 2564,175.90 2,782,375.50 2,578,450.99 2,695.005.51 2,809,344.00 3,144,070.88 2,924,734.56 2, 874,811.25 2,698,498.00 3, 191,748.14 2,513,690.65 2,633516.88 4 BBJB +BBCB4Jl3A2 2 .070,820.95 2,691.041.50 2,677,739.04 2,7SGAV.77 2919.094.00 3,272,141.33 301,134.36 3,033,384,50 2,807,931.30 3,375,812.94 2,009,417.40 2,730A95.00 5 BBJBiBBCB+CBA2 2598,555.90 2,870,385.50 2, 640 ,430.99 2,716,777.47 2,920,968.00 3219,30286 2,945,948.76 2,932,741.25 2,718,608 .00 3,237,18014 2,533,070.65 2,642,085.31 o B3J3- B6CB- C8AI +CSA2 2.013,875.90 2,867,375.50 2,874,450.99 2,731,985.51 2,938A44.00 3$38,770.66 2,981,484.58 2,957,31125 2,735,998.00 3,277,248.14 2,549,190.65 2,881,731,88 7 BBJ B*BBBCBr -J BAI JBA2 2,705,460.94 2,930236.50 2,756,129.04 2,834,834.55 2,955576.00 3,312,207.33 3,116,93246 3,078,68950 2,847,99730 3,431,393A4 2,643,386.40 2,775,965.23 8 8BJ6•BBCB +J BAINBA2+ ..o,.,_,..,., 2,77000.95 3.052246.50 208,149.04 2,886 .082.59 3,099,052.00 3x122,295.33 3,569,21826 3,165,75950 2,902,885.30 3;550,901,44 2,893,008.40 2,829,626.78 LOWEST BIDDER CONS7Rl7C71ON LLC 2,532,539.65 2,513,690.65 2A09,417.40 2533,070.65 2,548,190.65 2,643,386.40 9 PRA MAW NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. B.4 Authorize Payment to Motorola Solutions, Inc. in the amount of $103,938.98 for the purchase of Emergency Public Safety radios as part of the regular replacement process of the radio fleet and for the Public Safety replacement vehicles Presenter: Stan Tinney, Fire Chief Summary: This item is to authorize payment to Motorola Solutions, Inc. for $103,938.98. This purchase is for Emergency Public Safety radios as part of the (10 -12 year) regular replacement process of the radio fleet and for the Public Safety replacement vehicles. General Descrir)tion: In addition to the radios, the purchase includes the radio programming and accessories needed to allow the equipment to function properly. The pricing is based on Fort Worth contract pricing — City of Fort Worth Contract: 24489. These items were approved in the FY2011 -2012 and 2012 -2013 budget under line item 001 -8901- 532.74 -20 Machinery and Equipment/Radios. Recommendation: Authorize payment to Motorola Solutions, Inc. in the amount of $103,938.98 for the purchase of Emergency Public Safety radios as part of the regular replacement process of the radio fleet and for the Public Safety replacement vehicles. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. C.0 PUBLIC HEARINGS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. C.1 Public Hearing and Consideration of Ordinance Adopting Youth Programs Standards of Care - Ordinance No. 3245 Presenter: Ron Newman, Program Coordinator Summarv: The purpose of this report is to request City Council approval of an ordinance adopting the North Richland Hills Youth Programs Standards of Care. Adapted standards are a Texas Department of Family and Protective Services requirement for an exempt status for day care licensing. A public hearing is required for adoption of the ordinance. The public hearing and adoption of the ordinance may occur on the same day. General Descrir)tion: The City of North Richland Hills Parks and Recreation Department offers day camp programs for children ages five to thirteen. The Texas Legislature requires municipal day camp youth programs for elementary age children to meet day care licensing requirements or file for an exemption; Section 42.041(b )(14) of the Child Care Standards and Regulations of the Texas Human Resources Code. To receive exempt status, a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The public hearing and adoption of the ordinance may occur on the same day. The Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the City of North Richland Hills Parks and Recreation Department, allowing the department to qualify for an exemption from the requirements of the Texas Child Care Standards and Regulations within the Texas Huffman Resources Code. The City of North Richland Hills day camp program meets, and in some areas exceeds, many of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care included in the City of North Richland Hills Parks and Recreation day camp policies and procedures have been in place for several years and have been used in the staff training process prior to camp each year. The Standards of Care will be provided to the parents of each program participant and shall include, at a minimum the following areas: • Minimum requirements for staffing ratios • Staff qualifications and essential job functions • Facility, health and safety standards • Training and procedures for reporting child abuse /neglect allegations • Written procedures stating that parents and each staff member will be provided a set of standards • Contact information of department supervisors for the purpose of complaint notification and resolution regarding the recreational program • Written procedures for staff who will be monitoring the programs and enforcing the standards • Requirements of criminal background checks on prospective day camp employees • Behavior management and discipline procedures • General rules and regulations The application for exemption determination and the formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement so that the Standards of Care can be revised as needed to reflect current regulations. This is the ninth year for the formal adoption process. Recommendation: To approve Ordinance No. 3245. M RH ORDINANCE NO. 3245 AN ORDINANCE READOPTING SECTION 62 -10 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCE AND READOPTING THE CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS OF CARE, FOLLOWING A PUBLIC HEARING. WHEREAS, the Human Resources Code: Section 42.041(b )(14). established requirements for exempting recreational programs operated by municipalities for elementary age (5 -13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreational program, a municipality must adopt standards of care by ordinance after a public hearing for the program and a copy of the ordinance adopting the standards forwarded to the State; and WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by Parks and Recreation and other departments in accordance with Section 42.041(b )(14) of the Human Resources Code: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS. SECTION 1. THAT Sec. 62 -10 of the North Richland Hills Code of Ordinances is hereby readopted as follows: 1'1XK.Jr.5i[1lYs11j0:1' &RV- 1 IF-Al ►I17_1:1 4 The City Council of the City of North Richland Hills hereby adopted the City of North Richland Hills Youth Programs Standards of Care for providing basic child care regulations for day camp activities operated by the Parks and Recreation Department as well as other departments. As required by Section 42.041(b )(14) of the Human Resources Code, the Standards adopted by this ordinance include staffing ratios; minimum staff qualifications; minimum facility, health, and safety standards; and mechanisms for monitoring and enforcing the adopted local standards. A substantial copy of the City of North Richland Hills Youth Programs Standards of Care is attached hereto and incorporated herein for all intents and purposes and shall be available on the City's website under the Parks and Recreation subhead." SECTION 2. This ordinance shall be in full force and effective immediately upon passage. PASSED AND APPROVED on this the 8th day of April, 2013. la r1a11*36 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21 U:191 =1 DIF-11:1119X+161 ►1021 :16 Vickie Loftice, Managing Director of Community Services City of North. Richland Hills Parks and Recreation Department Youth Programs Standards of Care Cam] *k' ►'j U I1•1► r1_l I] t►j 11► I R] 0:7_r 1101 I'll I Purpose: To provide basic childcare regulations for activities operated by the North Richland Hills Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of the City of North Richland Hills Youth Programs is the City of North Richland Hills City Council. 2. Implementation of the Youth Programs Standards of Care is the responsibility of the Assistant Director of Recreation and Recreation Division Staff. 3. The Youth Programs Standards of Care will apply to several day camp programs which are conducted by the North Richland Hills Parks and Recreation Department throughout the year. 4. Each Youth Program site will have available for public and staff a current copy of the Standards of Care. 5. Parents of participants will be provided a current copy of the Standards of Care during the registration process. B. Implementation: The Standards of Care Program will be the responsibility of the Parks and Recreation Department, with the Recreation Coordinator overseeing the overall program and the Day Camp Director administering the program on -site. Programs: Regulations apply to these on -going programs: Winter Break Camp Spring Break Camp Summer Day Camp Fall Break Camp Sport and Art Camps Youth Programs Drop -in Childcare Other: Each camp will make available, for public and staff, a current copy of the Standards of Care. Parents of participants will be provided a copy of Standards of Care during the registration process and the Camp NRH parent orientation prior to camp starting each year. Program Sites: NRH Centre 6000 Hawk Avenue C. Day Camp Objectives: 1. To provide youth with the opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self - confidence. 3. To provide a safe environment; always promoting good health and welfare for all. 4. To teach children how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse /neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought to the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting the North Richland Hills NRH Centre Manager at 817- 427 -6600 or the Parks and Recreation Administrative Offices at 817 -427 -6620, Monday through 'Friday, 8:00 a.m. - 5:00 p.m. II. STAFFING A. Day Camp Director — The Day Camp Director directs a staff of nine day camp counselors and supervises the activities of children in a day camp setting. 1. Essential Job Functions: a.) Direct and supervise all counselors including hiring and training. b.) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c.) Develop age appropriate camp curriculum (6 -12 years) in accordance with the philosophy of the program. d.) Ensure staff is committed to following established guidelines, procedures and standards. e.) Maintain an orderly, clean and safe environment for the children while promoting a non - competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f.) Develop and distribute a weekly schedule of activities. g.) Complete facility reservations and transportation needs for all camp activities. h.) Schedule, confirm, obtain and distribute payment for all field trips. i.) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j.) Communicate to parents about camper's progress and activities. k.) Conduct on -going program evaluations implementing approved recommendations as needed. I.) Provide reports to the Recreation Coordinator on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a.) Bachelor's Degree in Education or Recreation is preferred but not required. b.) A minimum of three years' experience as a camp counselor and/or educator. c.) Requires a valid Texas driver's license with a good driving record over the last three years. d.) Must pass city criminal background check prior to hiring. e.) Must pass pre- employment drug screen and /or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Requirements of Work: a.) Director must complete the mandatory staff: training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abase and child molestation, as well as practical skills on activities for children in games, songs and crafts. b.) Ability to be physically active and involved with children all day. c.) Ability to lift 55 pounds. d.) Knowledge of child development and age appropriate activities. e.) Advanced organizational and communication skills. f.) Team leadership abilities. g.) Varied experience in a variety of activities including sports, arts, nature, drama and cooperative activities. B. Day Camp Counselor — The Day Camp Counselor is responsible for direct leadership of youth ages 6 -12 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The counselor assists in planning and organization of camp schedules, activities„ supplies and equipment, and is also responsible for cleanliness of the areas used by camp participants. The counselor positions are also responsible for completing necessary forms relating to attendance, check -in /check -out procedures, accidents, and incidents. 1. Essential Job Functions: a.) Promote a non - competitive, positive, self -image enhancing environment for each participant through the direction of non - competitive, fun, varied and well organized activities. b.) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Counselor prepares, in advance, directions for activities, daily schedules and required equipment used during the activities. c.) Exhibit enthusiasm for the activity to impart a feeling of excitement to camp participants. d.) Follow procedures for camper check -in /check -out. Reports accidents /incidents, behavioral modifications and camp schedules. e.) Follow guidelines for safety and storage of equipment, including inventory of supplies. f.) Ensure safety of youth during transportation while on field trips. g.) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h.) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of camp participants. 2. Minimum Qualifications: a.) High school diploma with two years of college preferred. b.) One year experience working with children in a day camp setting. c.) A valid Texas driver's license with a good driving record over the last three years. d.) Must pass criminal background check prior to hiring. e.) Must pass pre - employment drug screen and /or physical. f.) Must complete First Aid and CPR certification prior to camp. 3. Other Requirements: b.) Staff must complete the mandatory staff training program of at least 20 hours, in addition to planning hours with site staff prior to the start of camp. This training includes departmental orientation, customer service, sexual harassment training, behavioral issues and discipline, training and examination program on sexual abuse and child molestation, as well as practical skills on activities for children in games, songs and crafts. c.) Staff must exhibit competency, good judgment and self control throughout the duration of the camp. d.) Staff should relate to the children with courtesy, respect, acceptance and patience. e.) Staff will be evaluated at least once during the summer prior to the completion of camp. Evaluations will be reviewed with the camp counselors to discuss any areas of improvement or suggestions. 4. Criminal Background Checks: Criminal background checks will be conducted on prospective day camp employees. Applicants may be disqualified if they have a job related criminal conviction. A prospective employee will be subject to a pre- employment drug test and /or physical prior to hiring. 5. Staffing Ratios: The state required ratio for number of children (ages 5 -13) may not exceed 15:1 children to staff. Camp NRH Day Camp maintains 12:1 children (ages 6 -12) to staff ratio. On all field trips Camp NRH Day Camp maintains 6:1 children to staff ratio. III. FACILITY STANDARDS A. Emergency evacuation and relocation plans will be posted at each facility. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns should be passed on to the Recreation Coordinator or NRH Centre Manager immediately. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Recreation Coordinator. It shall include bandages and Band - Aids, first aid cream, rubber gloves, Neosporin, alcohol wipes, hot/cold packs, gauze, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. Each Facility Manager is responsible for compliance with Fire Marshall's directives. The recommended number of fire extinguishers shall be inspected quarterly and available and "primed" for use. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with written parent consent completed on the registration form provided by the City of North Richland Hills. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, photo of the child and the child's physician's name. Medication will be logged into the Medication Log Book. Medication shall be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician, and not past the expiration date. E. Non - prescription medicine with the child's name and date on the medication may be brought if in the original container. This medication will also be logged in the Medication Log Book and be dispensed only as stated on the bottle unless directed otherwise by parent/guardian or physician. F. Each indoor site shall have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 children. Outdoor sites shall provide portable toilets based on number of children attending each day. Sinks shall be provided based on 1 sink per 30 children. G. All participants must wear tennis shoes daily. Sandals will not be allowed. IV. SERVICE STANDARDS —Day Camp Staff A. This information will be provided to each staff member as a part of the day camp staff manual: 1. Appropriate shirts, shorts and tennis shoes are to be worn at all times. Camp NRH staff shirts are to be worn on the designated days. Staff shirts should always be tucked in. No tube tops allowed. Shorts should be at a respectable length, no cut -offs. No clothing should bear any inappropriate logos, phrases, or pictures. Any staff member, who does not adhere to the dress code, will be sent home for the day without pay. 2. Staff will be provided with two collared shirts and two Camp NRH T- shirts. Uniform schedules will be given to staff during training and should be followed throughout the summer. Any deviation must be approved by the Recreation Coordinator. 3. Only one -piece bathing suits may be worn when visiting NR'H 4. Name tagsllDs should be worn and clearly visible at all times. 5. Camp participants and parents will be treated with respect at all times. 6. Camp staff will take it upon themselves to resolve complaints. Do not refer the customer to another staff member, unless necessary. If you are unable to resolve the complaint on the spot, take the customer's name and phone number, investigate the complaint and follow up with the customer. All complaints should be recorded (problem and resolution) on a Customer Comment Form provided by the Recreation Coordinator. 7. Camp staff will keep parents informed of camp activities. A weekly schedule will be distributed one week in advance and extra copies will be kept with the daily sign in log. In addition to hard copies of the weekly schedule parents will be notified of changes to the schedule via email correspondence. Camp staff will note details of behavior of campers (accomplishments, discipline problems, general activities, etc.) in the daily campers log and verbally update parents as much as possible. 8. Camp staff will monitor the check -in /check -out log at all times. 9. Camp staff will clean program areas after each activity. Floors will be swept/vacuumed, mirrors cleaned, and supplies put away. This is extremely important due to the fact that rooms are used throughout the day by other groups. 10. Camp staff will spend the majority of their time actively involved with campers and/or parents. Camp staff will check all messages for the day, prior to beginning any camp activities. VI. OPERATIONAL ISSUES A. Emergency phone numbers are kept at the NRH Centre front desk, as well as with the Day Camp Director on field trips. Those numbers include fire, police, and ambulance services. B. The Day Camp Manual is provided to every staff member and outlines the following 1 . Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game /Activity Leadership B. Guidelines for Communication with children and parents C. Check -in /check -out forms will be used every day. Only adults listed on the camper's release form will be allowed to spick up children. The authorized parent/guardian must enter the building and sign the check -out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at each facility. E. Transportation Requirements Texas state law requires child safety seats, specifically booster seats during the transportation of a child. This law applies to children under the age of 8 and under 4'9" tall. This law will apply to Camp NRH participants between the ages of 6 -7 years old. The law states: • Once a child reaches eight (8) years of age, they are not legally required to be in a child safety seat system. • If the child is younger than eight years of age, BUT they are already 4'9" tall, they are not legally required to be in a child safety seat system. • If a child is eight years old or older; and not yet 4'9" tall, they are not legally required to be in a child safety seat system. • The law requires that safety and booster seats be installed and used according to the manufacturer's instructions, including age, height and weight requirements and the placement in the vehicle. In compliance with this law, parents will be required to provide a booster seat for their child if that child is under 8 years old and measures less than 4'9 ". This requirement will be sent to parents via letter and email prior to May 1 of each camp year. Camp NRH will have five booster seats on -site for transportation services required for field trips and other Camp NRH activities in the event that a camper forgets to bring their booster seat with them to camp. Camp NRH staff will be trained to identify children that are required to be in a booster based on birth date of camper identifying the legal age of the child and by utilizing a height measuring tool. In addition, staff will be trained by City of North Richland Hills Police Department officers on how to properly install a child safety seat. Coordination of this training will be scheduled and confirmed by the Recreation Coordinator who oversees Camp NRH. F. Parents will be notified regarding planned field trips and provided the required release forms. Enrollment information will be kept and maintained on each vehicle while traveling to and from field trip sites. G. Enrollment information will be kept and maintained on each child and shall include: 1. Child's name, birth date, home address, home telephone number, physician's phone number and address and phone numbers where parents may be reached during the day. 2. Name, driver's license number and telephone number of persons to whom the child can be released. 3. Field trip release form as needed. 4. Liability waiver. 5. Parental consent to administer medication, medical information and release on participant. H. Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk. I. The Recreation Coordinator shall notify the parents /guardians of participants' if /when there is an outbreak of a communicable disease in the facility as required by the County Department of Health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group. VII. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. C. Program employees may use brief, supervised separation from the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs they will know there is a consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases, and information is to be shared with parents when picking up the child (or sooner when extreme cases occur). Parents will be asked to sign the incident reports to indicate they have been advised about specific problems and/or negative behaviors. F. A sufficient number and /or severe nature of discipline reports as detailed in the program manual may result in a participant being suspended from the program. Parents /guardians will be contacted to pick up their child immediately. G. In instances where there is danger including physical harm or threat of physical harm to participants, staff, or themselves„ the offending participant(s) will be removed from the program immediately. Parents /guardians will be contacted to pick up their child immediately. VIII. ILLNESS OR INJURY A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. C. An ill child will not be allowed to participate if the child is suspected of having a temperature and /or accompanied by behavior changes or other signs or symptoms until a medical evaluation indicates that the child can be included in the activities. In the event an injury cannot be remedied through basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident, with the original sent to the NRH Centre Manager's office with a copy kept in the Day Camp files. E. In the event of suspected abuse, program employees will report suspected abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be immediately reported to the Assistant Director of Recreation. The Assistant Director will immediately notify the Police Department and any other agency as may be appropriate. F. Texas state law requires the staff of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1- 800 -252 -5400. IX. GENERAL GUIDELINES FOR CHILDREN A. As a part of the Day Camp Manual, staff should be given the following information: 1. A child is not allowed to use the phone unless it is an emergency. In this case, Day Camp staff should make the call for the child. 2. Children must stay off tables, counter tops, ping pong tables, etc. 3. Children should walk in the building. Running is only permitted in the gym. 4. Bouncing and throwing balls is permitted only in the gym or designated game area with direct supervision from staff. 5. Active games using equipment that can cause damage to window, shades, lights, and ceilings must be played only in the gym or outdoors. 6. Children must respect staff and each other. 7. Children must wear shoes at all times. 8. Children must be contained and not allowed to filter in the general public. Camp staff must know where each child is at all times. B. The program will provide activities for each group according to the participants' ages, interests and abilities. The activities should be flexible and promote social and educational advancement. 1, A weekly calendar of activities will be posted for parents the Friday prior to the next week of camp. 2. When taking field trips, staff will: a.) Count everyone before they leave the program site as well as prior to leaving the field trip site. b.} Carry medical information on each child and necessary medication with them on the trip. c.} Carry a first aid kit and mobile phone in all vehicles and while on -site. d.} All participants are required to wear wristbands that have Camp NRH and NRH Centre phone number inscribed on them. Participants are also encouraged to wear camp shirts so that children are easily identified. ►: �6 1011 101VIk ',1 ;161 ;181=1 &1:11'►kI A. Standards of Care established by the City of North Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Consumer Health Departments when applicable. B. Staff and program issues will be monitored and enforced by the North Richland Hills Parks and Recreation Department. The NRH Centre Manager shall visit each site on a bi- weekly basis. The Recreation Coordinator is responsible for visually checking the camp activities on a daily basis. When not available, another full -time staff person is responsible for that check. C. Monthly reporting by the Recreation Coordinator to the NRH Centre Manager will include a review of adherence to the Standards of Care as well as operational summaries of the programming month. For further information regarding the Youth Program Standards of Care or any other information about the youth programs offered through the City of North 'Richland Hills Parks and Recreation Department please contact the NRH Centre Manager or Recreation Coordinator at 817 -427- 0000 or email nnccentre(c .nrhtx.com. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject Agenda Item No. D.a PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS No items for this category. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. F.1 Consider Approval of a Resolution Supporting the Birdville Independent School District Bond Referendum - Resolution No. 2013- 013 Presenter: Mark Hindman, City Manager Summarv: After spending three months reviewing the facility needs of the Birdville Independent School District, a committee of more than 50 citizens recommended the Board of Trustees call for a bond election on May 11, 2013 to approve the issuance of $183.2 million for improvements to every campus within the Birdville Independent School District. General Descrir)tion: These bond funds will eliminate more than 65 portable classrooms, consolidate four of the oldest and smallest elementary schools into two new schools, saving approximately $15 million in operating costs over the next 10 years. These schools are Birdville Elementary, Richland Elementary, Francisco Elementary and Smith Elementary. The funds will also provide for major renovations such as replacing aging roofs and HVAC systems, upgrade electrical and plumbing systems, as well as add energy management systems that will result in significant savings. It will also provide new computers and mobile devices, Internet connectivity for wireless devices, and student access to technology used in the classroom, as well as add safety and security measures throughout the district. These bond funds assist in upgrading or adding science labs throughout the district and relocate the Horticulture and Animal Science program from Richland High School to the Birdville Center of Technology and Advanced Learning to serve students from all three high schools in the district. And finally it will replace facilities that are between 50 and 65 years old with modern facilities that require less money to operate and maintain. These are North Richland Middle School, the Academy at West Birdville Elementary and Smithfield Elementary School. Recommendation: These improvements included in the bond program assist the City of North Richland Hills in achieving several of the City's Strategic Goals, namely: Quality Community Development and Revitalization; Safety and Security; Positive City Image; Financial Stability; and Sense of Community. Based on the above it is recommended that the City Council approve Resolution No. 2013 -013 supporting the BISD Bond election on May 11, 2013. R H I N **Q ► I,1611K+ZK1+ZK? A RESOLUTION DECLARING THE SUPPORT OF THE CITY OF NORTH RIC'HLAND HILLS TO THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT BOND ELECTION ON MAY 11, 2013 WHEREAS, a committee of more than 50 citizens spent three months reviewing the facility needs of the Birdville Independent School District; and, WHEREAS, many of the school facilities for the Birdville Independent School District are in excess of 50 years old and were not built with the capacity to accommodate the technological, safety, security and environmental of today and the future; and, WHEREAS, the citizen's bond committee recommended that the Birdville Independent School District Board of Trustees call for a bond election on May 11, 2013 with early voting running from April 29 through May 7, to approve the issuance of $183.2 million to ,provide improvements to every campus within the Birdville Independent School District; and, WHEREAS, these bond funds will: • Eliminate more than 65 portable classrooms across the district; • Consolidate four of the oldest and smallest elementary schools into two new schools, which would save approximately $15 million in operating costs over the next 10 years. The schools are Birdville Elementary, Richland Elementary, Francisco Elementary and Smith Elementary, • Provide for major renovations such as replacing aging roofs and HVAC systems, upgrade electrical and plumbing systems, as well as add energy management systems that will result in significant savings; • Replace facilities that are between 50 and 65 years old with modern facilities that require less money to operate and maintain. These are North Richland Middle School, the Academy at West Birdville Elementary and Smithfield Elementary School; • Provide new computers and mobile devices, Internet connectivity for wireless devices, and student access to technology used in the classroom; • Add safety and security measures throughout the district; • Upgraded or add science labs throughout the district, • Relocate the Horticulture and Animal Science program from Richland High School to the Birdville Center of Technology and Advanced Learning to serve students from all three high schools in the district, WHEREAS, the Board will appoint a community bond oversight committee to monitor the scope, timeline and expenditure of the bond funds; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: Section 1: The bond program will replace outdated facilities with state of the art educational facilities for the students of North Richland Hills, Richland Hills, Haltom City and Watauga; and, Section 2: The bond program will provide for improvements to the safety and security of all students on every campus, creating an environment that is even more focused on student education and achievement; and, Section 3: The bond program will provide for improvements in science and technology facilities throughout the district, to help meet the State of Texas educational standards, and better enable students to attain the competitive edge they need to succeed in a rapidly changing and expanding employment environment; and, Section 4: The ability to attract and retain residents and businesses to North Richland Hills and the surrounding communities is directly linked to the success of BISD in remaining a school district of choice; and, Section 5: The City of North Richland Hills and the business community within North Richland Hills rely on an educated work force that is well prepared for current and future job demands; and, Section 6: The improvements included in the bond program assist the City of North Richland Hills in achieving several of the City's Strategic Goals, namely: Quality Community Development and Revitalization, Safety and Security, Positive City Image, Financial Stability; and Sense of Community Section 7: This Resolution shall be effective immediately after passage. PASSED AND APPROVED this the 8th day of April 2013. ]11WKS]M�IQAd:1N[91:IW_1►1N1:III By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary I_1 ;j ;j:Z @] ►1=I Q7_V'2 1[@l76]:I t ►,1,1► I Ql j XCI_1 I I Wif George A. Staples, City Attorney NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. G.4 EXECUTIVE SESSION ITEMS MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. H.a INFORMATION AND REPORTS NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -8 -2013 Subject: Agenda Item No. H.1 Announcements - Councilman Barth Presenter: Announcements I Dia Mv Garden Photo Contest Keep NRH Beautiful is hosting its 2613 "1 Dig My Garden" Photo Contest from May 1 through July 31. Entries must be photos from North Richland Hills residential or commercial properties that capture the best of these categories: Entry forms are available at City Hall; Neighborhood Services or at wnww.nrhtx.com /r)hotocontest. Winning photos will be displayed on the city's website and the winner will receive a $25 gift card from a local nursery. Questions can be directed to 817- 427 -6650. Mayor's 5k Fun Walk To celebrate the 1 year anniversary of the NRH Centre for activities, fitness and aquatics, Mayor Trevino will host a 5k fun walk on Saturday, April 20, 2013 and is inviting the community to join him on a path to better health. Participants will walk a 3.1 mile loop route that will begin and end at the NRH Centre, 6000 Hawk Avenue. The Mayor's 5K Walk will begin at 9:00 a.m. and is free for all ages. Purchase 'Mayor's Walk T -shirts in advance for $10 and wear it the day of the event. For more information, please contact the NRH Centre at 817- 427 -6600. Sounds of Sprinq Bring the family to relax and enjoy music and fun at the North Richland Hills' annual Sounds of Spring Concert Series. Concerts will be held in a new location this year, at the NRH Centre plaza, 6000 Hawk Avenue, located between the NRH Centre and the NRH Public Library. Concerts will be held each Friday from April 26, 2013 through May 17, 2013 starting at 7 p.m. Admission is FREE (Don't forget to bring a lawn chair.) Concessions will be offered for sale and there will be a free kids zone with games and other children's activities. For more information please call 817 - 427 - 6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Diane Morgan, Liz Brockman and Peggy Hoffpauir Lewis, Library — A library patron submitted the following on a library service comment card, "I just wanted to thank Diane, Liz and Peggy that helped me out today. I visited today with my two toddler grandchildren and I was s❑ impressed with the service that I received. We felt so welcome from the front desk where we got a library card to story time and crafts. Again, thank you for making it truly a wonderful day." NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date 4 -8 -2013 Subject Agenda Item No. H.2 Adjournment