HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2004 - FIRST READING OF ORDINANCE NO. 083, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 26
DATE: July 6, 2004
STAFF: Gary Perman
SUBJECT
First Reading of Ordinance No. 083, 2004, Amending Various Sections of Chapter 4 of the City
Code Pertaining to Animals.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Staff has performed a comprehensive review of Chapter 4 of the City Code pertaining to animals
in an effort to refine and update the animal code. This process began in early 2002 and has
culminated in the proposed amendments in the Ordinance. Specifically the amendments will:
• Change the organization name from Humane Society for Larimer County to Larimer
Humane Society.
• Add a section to allow an owner or keeper to be charged a fee set by the City Manager when
an animal is impounded or confined and boarded by the Humane Society and allow
collection of that fee through restitution or other means provided by law.
• Make unlawful the transportation or confinement of an animal in a manner that endangers
the animal's health or life.
• Prohibit the possession of certain additional species of wild or exotic animals.
• Allow an exception to the prohibition against animals at large for animals in designated areas
such as dog parks and add a section requiring fences used to enclose animals to be secure,
adequate for the purpose and in good repair.
• Add language pertaining to the impoundment of unclaimed animals and require owners who
surrender or recover impounded animals to pay impound fees set by City Manager.
• Codify the Humane Society policy regarding the disposition of unclaimed animals to
prohibit the donation of live unclaimed animals to hospitals or institutions of learning for
research purposes, but allow the donation of euthanized unclaimed animals for research and
education purposes.
ORDINANCE NO. 083, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS SECTIONS OF CHAPTER 4
OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO ANIMALS
WHEREAS, Chapter 4 of the City Code contains various provisions relating to animals
within the city limits; and
WHEREAS, contacts between the citizens of the Fort Collins and animals, both domestic
and wild, are becoming more frequent as the City grows; and
WHEREAS, the provisions of the Code dealing with animal control need to be revised to
reflect current community needs; and
WHEREAS, City staff and employees of the Humane Society have prepared proposed
revisions to Chapter 4 of the Code; and
WHEREAS, the City Council believes it to be in the best interests of the City to adopt the
revisions recommended by City staff and the Humane Society.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of “Humane society” contained in Section 4-1 of the Code
of the City of Fort Collins is hereby amended to read as follows:
Humane society shall mean the Humane Society for Larimer County,
Inc.Larimer Humane Society, Fort Collins, Colorado.
Section 2. That Section 4-52 of the Code of the City of Fort Collins is amended by the
addition of a new subsection (g) to read in its entirety as follows:
Sec. 4-52. Reporting animal bites; confinement.
. . . . .
(g) Any owner or keeper whose animal is confined pursuant to this Section
shall pay a confinement and daily boarding fee as established by the City Manager
upon recommendation of the director or operator of the animal shelter plus all actual
veterinary costs incurred on behalf of the animal. Said fees and costs may be
collected through court-ordered restitution or in any other manner provided by law.
Section 3. That Section 4-70(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-70. Improper care or treatment prohibited.
. . . . .
(b) No person shall beat, cruelly ill-treat, torment, overload, overwork,
otherwise abuse or needlessly kill an animal or cause, instigate or permit any
dogfight, cockfight, bullfight or other combat between animals or between animals
and humans, nor shall any person transport or confine an animal in or upon any
vehicle in a cruel or recklesssuch manner as to endanger the animal's health or life.
. . . . .
Section 3. That Section 4-73(a) and (b) of the Code of the City of Fort Collins are hereby
amended to read as follows:
Sec. 4-73. Limitation on possession and feeding of wild or exotic animals.
(a) No person shall own or feed, or possess any animal for which a state license
is required unless such person possesses the appropriate license from the state
Division of Wildlife.
(b) No person shall keep any wild or exotic animal within the city unless such
possession is authorized by federal or state law. Notwithstanding the foregoing, in
no event shall any person keep or feed the following within the city:
(1) Bears;
(2) Any species of feline, including exotic cat/domesticated cat crossbreeds,
other than ordinary domesticated house cats;
(3) Skunks;
(4) Poisonous or venomous amphibians or reptiles;
(5) Raccoons, porcupines, badgers, or other similar species, except ferrets or
minks, except as permittedunless authorized under a state wildlife
rehabilitation license;
(6) Deer;
(7) Any wolf, coyote, or fox;
(78) Any species of nonhuman primate, but excluding animals imported under
authority of state or federal law; and
(89) Wild geese or ducks, except as permitted under a state wildlife
rehabilitation license.
. . . . .
Section 4. That Section 4-93 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-93. Animals at large prohibited.
(a) All pet animals, except birds, shall be kept under restraint. It shall be
unlawful for the owner or keeper of any pet animal, except birds, to permit such
animal to be at large in the city. The following shall be exempt from this prohibition:
(1) Dogs under the control of a public law enforcement agency.
(2) Dogs not under restraint in a city natural area or recreation area pursuant
to an applicable permit issued under Article IX or Article X of Chapter 23.
(3) Dogs under the control of city employees or contractors when used for
maintenance or management activities in city recreation areas, as defined
in § 23-202.
(4) Dogs in areas designated or signed permitting animals to be at large, such
as dog parks.
(b) All pet birds within the city shall be kept under physical control at all times.
For the purposes of this subsection, physical control shall not require the use of a
leash, lead or tether, but shall require that the owner or keeper of said pet bird be able
to immediately control the bird, physically or verbally, so that the bird does not
present a threat to the safety of persons or property.
(c) All female animals in heat shall be kept inside a building or within a fence
or other enclosure which limits the animal to a particular premises, so that the animal
cannot come into contact with a male animal except for a planned breeding. When
allowed outside to relieve itself, said animal shall be under the observation of the
owner or keeper.
(d) Doves and pigeons kept as pets shall be exempt from the provisions of this
Division.
(e) Fences which are intended as enclosures for any animal shall be securely
constructed, adequate for the purpose, and kept in good repair.
Section 5. That Section 4-96(b)(7) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-96. Vicious animals prohibited.
. . . . .
(7) Attempting to capture the animal in the absence of the owner or keeper,
with the exception of a peace officer, firefighter, animal control officer or
other code enforcement officer in the performance of his or her duty.
Section 6. That Section 4-137 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-137. Notice of impoundment.
If, by tags or other identification attached to the animal or any other information
given to the animal shelter, the owner of an impounded animal can be identified, an
animal control officer or other animal shelter representative shall, immediately upon
impoundment, notify the owner of such impoundment by telephone, electronic mail,
U.S. or mail or written notice posted conspicuously upon the owner's last known
residence as shown by humane society records.
Section 7. That Section 4-138 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-138. Minimum time for impoundment of unclaimed animals.
(a) Unclaimed animals shall be kept at an animal shelter or other appropriate
location for not less than five (5) days unless euthanasia prior to that time is deemed
necessary or appropriate by the veterinarian advising the animal shelter personnel.
(b) A pet animal without identification, including but not limited to a microchip
or collar, may be held for only three (3) days if the animal shelter supervisor
determines that the shelter has no additional resources for such pet animal or
determines that such pet animal is dangerous.
(c) For purposes of this Section, "days" shall mean days during which the
animal shelter is open to the public.
Section 8. That Section 4-140 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-140. ReclaimingImpound fees.
(a) An owner or keeper reclaiming an impounded animal shall pay an impound
fee plus and a daily boarding fee, both as established by the City Manager upon
recommendation of the operator of the animal shelter, plus all actual and necessary
veterinary costs incurred on behalf of the animal. The amount of the impound fee
may depend upon the type of animal involved, its age, its licensing status and
whether it has been impounded more than once in a twelve-month period. No owner
or keeper may reclaim an impounded animal until he or she has paid the
impoundment fee, boarding fees, and veterinary costs.
(b) An owner or keeper reclaiming an impounded animal which is not validly
licensed as required by this Chapter must license the animal and present evidence
thereof to the animal shelter prior to reclaiming the animal. If the animal does not
have a current rabies tag, the owner or keeper shall present a current rabies
vaccination certificate for such animal issued by a licensed veterinarian prior to
reclaiming the animal. If the owner or keeper cannot provide current rabies and/or
licensure, the owner may place a cash deposit of fifty dollars ($50.) with the animal
shelter, to be refunded upon presenting, within seven (7) days thereafter, proof of
current rabies vaccination and license. If proof of current rabies vaccination and
licensure is not provided within said seven (7) days, the deposit shall be forfeited and
shall become the property of the animal shelter.It is unlawful for an owner or keeper
of any impounded animal to fail to pay all fees and charges incurred as a result of the
impoundment. Failure to reclaim an animal prior to a determination that the animal
has become the property of the city or its designated animal shelter as set forth in §
4-141 of this Code shall not relieve the owner or keeper of the impounded animal of
the responsibility to pay all impound fees and costs incurred prior to said
determination. Payment of said fees and costs shall be due within fifteen (15) days
of receipt of a written notice for fees and costs due. Notice shall be delivered in the
same manner as a notice of impound as set forth in § 4-137 of this Code. The
humane society is authorized to collect said fees as court-ordered restitution or in any
other manner allowed by law or equity.
(c) An owner or keeper reclaiming an impounded dog or cat must present
satisfactory proof of vaccination for rabies and a valid license to the animal shelter
prior to reclaiming the dog or cat. An owner or keeper reclaiming an impounded dog
or cat which is not validly licensed must license the animal. If proof of vaccination
and license cannot be provided, the animal shelter shall release the impounded dog
or cat to the owner or keeper with the requirement that satisfactory proof of
vaccination and license shall be furnished by the owner or keeper within forty-eight
(48) hours after release.
(d) The animal shelter may waive any and all fees and costs other than the
vaccination and licensing which are required under the provisions of this Article if
the animal shelter supervisor determines that the payment of such fees would create
an undue hardship.
Section 9. That Section 4-141 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-141. Adoption or disposal of unclaimed animals.
Any animal not reclaimed by its owner within five (5) daysthe period of time set
forth in § 4-138 of this Code shall become the property of the city or humane society
and shallmay be placed for adoption in a suitable home or humanely euthanized. In
disposing of unclaimed animals, it shall be unlawful for the city or humane society
to surrender live animals to any hospital or reputable institution of learning for use
in research. It shall, however, be lawful for the city or humane society to donate
euthanized unclaimed animals to any hospital or institution of learning for use in
research or education.
Section 10. That Section 4-142 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-142. Sterilization of adopted animals required.
No unclaimed dog or cat shall be released for adoption without being sterilized
or without a written agreement from the adopter guaranteeing that such animal will
be sterilized within a certain period of time after the date of release. It shall be
unlawful for the adopter to violate the terms of such written agreement.
Introduced and considered favorably on first reading and ordered published in summary form
this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk