HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2009 - FIRST READING OF ORDINANCE NO. 138, 2009, AMENDING DATE: December 15, 2009
STAFF: Teresa Ablao, Jim Szakmeister,
Bill Porter-Humane Society -
First Reading of Ordinance No. 138, 2009, Amending Section 4 of the City Code Relating to Animals, Particularly
Dogs.
EXECUTIVE SUMMARY
The proposed changes to the animal provisions of the City Code are primarily intended to better identify and define
behaviors associated with dangerous and vicious animals and specify more appropriate alternatives for dealing with
such animals. Thus, the revisions set forth a number of requirements regarding the impounding and disposition of
animals found to be dangerous or vicious. These provisions also provide a broader range of conditions that a judge
may order in order for animal owners to keep an animal found to be dangerous or vicious as an alternative to
surrendering the animal for euthanasia or removing it from the jurisdiction. In addition,the proposed revisions address
the proper method of tethering animals.
BACKGROUND / DISCUSSION
The main purpose of animal ordinances is to keep people and animals cohabitating safely. It is also to promote the
humane treatment of animals. Some of the older ordinances need to be changed to reflect the population growth as
well as animals in Fort Collins. They also need to be changed to promote safer keeping of animals.
The current provisions of the City Code dealing with vicious animals are broadly worded and open to interpretation and
have led to frustration and confusion from victims, defendants and enforcement agencies. In addition, if a person is
found guilty of owning a vicious animal there are only two options-euthanasia or banning from the City. Therefore,
under the current ordinance, if a dog barks and growls at a person walking their dog or chases a person on a skate
board,that dog could be considered vicious and be ordered euthanized. A truly vicious dog could be banned from the
City for lack of other viable alternatives, thereby transferring the problem to another jurisdiction. The proposed
ordinance seeks to address these concerns by distinguishing between a"dangerous animal'and a"vicious animal'
and providing different sentencing options.
Another matter addressed by the proposed Ordinance is the tethering of animals,which also relates to vicious animal
behavior. Dogs tethered for long periods can become highly aggressive. Dogs feel naturally protective of their
territory; when confronted with a perceived threat, they respond according to their fight-or-flight instinct. A chained
dog, unable to take flight,often feels forced to fight,attacking any unfamiliar animal or person who unwittingly wanders
into his or her territory.
Unincorporated Larimer County and over 100 U.S.jurisdictions in 30-plus states have passed anti-tethering legislation
regulating chaining. Chaining is proactive rather than reactive. Chaining laws gives officers a tool to crack down on
illegal dog fighting, since most fighting dogs are chained out rather than kept in a kennel or inside a home. Proper
chaining can help prevent dogs from becoming vicious.
The proposed revisions to the Code would result in three basic changes.
• A new category of"dangerous animal' would be created, to be distinguished from the existing category of
"vicious animal'which would be retained.
• It would be unlawful for any person to keep an animal that is the subject of a dangerous animal citation unless
a permit had been issued for the animal by the animal control officer who issued the citation. Such a permit
would be subject to conditions deemed necessary by the animal control officer to protect other animals and
members of the public, pending the disposition of the citation. Upon such disposition,the permit would either
be made permanent, modified or rescinded as deemed appropriate by the Municipal Court Judge.
December 15, 2009 -2- ITEM 19
Judge authorized the return of the animal to the owner under conditions similar to, but more stringent than,
those that might be imposed upon the issuance of a dangerous animal permit. The option of having the
vicious animal removed from the City,which is currently available to the Judge,would be eliminated. Animals
determined by the Judge to be dangerous would not be subject to euthanasia unless subsequently determined
to be vicious.
More specifically:
• Section 4-70 would address the proper tethering of animals to ensure humane treatment of the animal and
the safety of both the animal and passersby.
• Section 4-95 would exempt dangerous and vicious animals from the public nuisance category since they
would be separately treated.
• Section 4-96 would create a new category of"dangerous animal."
• Subsection(a)would make it unlawful for any person to keep a dangerous animal in the City without a permit.
• Section 4-96(b)would: list the kinds of requirements that Animal Control could impose upon the owner of a
dangerous animal in order for such animal to be kept in the City;specify how a dangerous animal permit could
be made permanent, modified or rescinded; authorize impoundment of a dangerous animal that is not kept
or confined according to the permit requirements; and impose fees for the permit.
• Section 4-97, dealing with vicious animals,would prohibit the keeping of a vicious animal in the City, except
as approved by the Court and allow for its impoundment, at the owner's expense, until final disposition of the
vicious animal citation. The affirmative defenses to such a charge would be retained.
• Section 4-197 would change the remedies available to the Municipal Court if an animal is found to be
dangerous or vicious. At present,the Court has two options if an animal is determined to be vicious:have the
animal euthanized or removed from the City. The proposed revisions would provide the Judge with two
options: have the dog euthanized or allow the animal to be kept in the City under strict constraints. These
could include registration; the issuance of an identifying collar; neutering if not already done; implanting an
electronic identification microchip; no animal violations; and very specific measures to ensure that the animal
is securely muzzled and harnessed when it is on a lead and properly confined,with appropriate warning signs,
when it is not.
FINANCIAL IMPACT
The Humane Society has indicated that additional costs should be negligible.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
This Ordinance places greater responsibility and accountability on animal owners forthe care and supervision of their
animals. The intended result is that neighbors and citizens will be able to interact without fear of being attacked by a
vicious animal. Additionally, it is anticipated that the expanded options for disposition of dangerous or vicious animals
will help prevent a recurrence of vicious behavior of the animal.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
ATTACHMENTS
1. PowerPoint presentation
Vicious Animal Ordinance
Wit,f
1
Why amend the current Code provisions ?
• Need to better distinguish vicious animals from other,
less dangerous animals .
— Current provisions lump together animals that
merely threaten and those that inflict serious
injury .
— Enforcement agencies , victims and dog owners
often disagree as to appropriate charge under
existing wording of Code .
F�tJ 11
2
Why amend the current Code provisions ?
(cont'd)
• Need to provide additional options for the disposition of
dangerous and vicious animals .
— Current options limited to euthanasia or removal from City.
— Removal from City just transfers problem to another
jurisdiction .
— Euthanasia may not be warranted .
— Limited options fuel debate about appropriateness of issuing
citation for violation of vicious animal provision versus public
nuisance .
Lrt ollins
,f�
3
Overview of proposed provisions
• Creates new category of " dangerous animal " in
addition to existing category of "vicious animal . "
• Makes unlawful the keeping of allegedly dangerous
animal unless a permit is issued by the Animal
Control Officer . Permit may be subject to conditions .
F�tJ 11
4
Overview of proposed provisions (cont'd )
• Maintains existing prohibition against keeping vicious
animals . Requires immediate impoundment of
allegedly vicious animal at owner' s expense pending
disposition of the citation .
• Eliminates option of having vicious animal removed
from City . Instead , animal determined to be vicious
would either be euthanized or left under the control of
owner under stringent requirements .
• Animals determined to be dangerous not subject to
euthanasia unless later determined to be vicious .
Fort Collins
City of
Details of Ordinance
,�tf1
s
Proper tethering requirement
• Intended to ensure humane treatment of animal and
protect safety of animal and others .
• Proper tethering can help prevent dogs from
becoming vicious .
• Officer bases determination on specified factors :
length , material , size and weight , how attached , etc .
City 0
Dangerous Animal Definition
• Would create new category of "dangerous animal "
• Dangerous animal defined as one that has :
— attacked or bitten person or animal and inflicted
bodily injury ;
— bitten or seriously injured another animal while off
owner's property ;
— chased or confronted a person off the owner's
property in menacing fashion ;
OR
— exhibited propensity to attack or cause injury
without provocation .
F�tJ 11
a
Keeping a Dangerous Animal
• Keeping of allegedly dangerous animals
prohibited unless permit issued by officer or
Judge .
• Permit could be made permanent , modified ,
or rescinded by Judge upon disposition of
case .
• Owner must comply with permit conditions .
Fit,f
lins
9
Dangerous Animal Permit Conditions
• Examples only - not an exhaustive list.
• Any conditions necessary to ensure safety, such as :
— conspicuous identification ;
— notification of Animal Control if animal is loose , has attacked
or injured an animal or person , has been sold or given away,
or has died ;
— confinement in secure enclosure while on property of owner;
— signage designed to warn persons of all ages ;
— muzzling or particular restraints or controls ;
— educational classes ;
— making animal available for inspection .
of
For t Collins
f�
10
Dangerous Animal Permit Conditions (conYa)
• If no permit is issued , owner fails to comply with
permit requirements , or animal is found at large ,
animal must be surrendered and impounded at
owner's expense , pending outcome of case .
City of
Fort Collins
11
Owner's Request to Rescind or Modify
Permit
• Not possible within 12 months after court
determination that animal is dangerous .
• Humane Society may require owner to :
. produce animal for inspection ;
. allow officer to observe animal at home ;
. submit information as requested .
• Fee required upon application for modification or
rescission .
F�tJ 11
12
Vicious Animal Provision
• Would re-define "vicious animal " and prohibit keeping a vicious
animal except as permitted by Court order.
• Vicious animal defined as one that has :
— attacked or bitten person or animal and caused death or
serious bodily injury;
— twice or more within 12 months , attacked or bitten a person ;
— twice or more within 12 months , while off owner's property,
killed or seriously injured another animal ;
OR
— been trained or is kept for animal fighting .
• Allegedly vicious animals would have to be impounded .
City 0
13
Affirmative Defenses to Charge of
Dangerous or Vicious Animal
• Person or animal attacked was :
— other than in defense of young , attacking or provoking ;
— unlawfully entering fenced or enclosed portion of premises
where animal was kept or portion where animal was
tethered ;
— unlawfully entering vehicle in which animal was confined ;
— attempting to assault another person ;
— attempting to stop a fight involving the animal and another;
— attempting to aid the animal when injured ; or
— attempting to capture the animal in the absence of the
owner.
FL tf�
14
Options Available to Court Upon Determination that
Animal is Vicious
• Euthanasia .
• Left under control of owner subject to conditions ,
including :
— implanting identifying microchip ;
— notifying Humane Society if animal is transferred
to another person ;
— remaining law abiding ( no animal violations ) ;
City f
For Collins
15
Options Available to Court Upon Determination that
Animal is Dangerous or Vicious (conVd)
— ensuring proper control or confinement of the
animal on or off the premises of the owner by
having the animal :
• under the control of an adult;
• in a secure enclosure ;
• securely muzzled , harnessed or on a short
lead ;
— posting approved warning signs ; or
— agreeing to surrender the animal for disposition if
conditions are not met .
F�tJ 11
16
Registration of Dangerous or Vicious Animals
• If animal is determined by court to be dangerous or
vicious :
— animal must be registered annually ;
— owner must provide liability insurance of at least
$ 110001000 ;
— City must be named as co- insured to ensure
notice of any cancellation ;
— animal must wear approved identifying collar or
lead .
City of
Fort Collins
17
ORDINANCE NO, 138 , 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ANIMALS , PARTICULARLY DOGS
WHEREAS , Chapter 4, Division 5 of the City Code, dealing with the control of animals,
includes provisions dealing with animals at large, animals that constitute a public nuisance, and
vicious animals (the "Current Code Provisions") ; and
WHEREAS , the population increase in the City has been accompanied by a corresponding
increase in the number of pet animals, some of which have demonstrated behaviors that fall into the
foregoing categories ; and
WHEREAS , the main purposes of animal ordinances are to keep people and animals
cohabitating safely and to promote the humane treatment of animals ; and
WHEREAS , the Current Code Provisions are broadly worded and open to interpretation and,
upon enforcement, have sometimes led to confusion and frustration among victims, defendants and
enforcement agencies; and
WHEREAS , under the Current Code Provisions, if a person is found guilty of owning a
vicious animal, the Municipal Judge has are only two options : euthanasia or banning from the City;
and
WHEREAS , City staff, working with the Larimer County Humane Society has recommended
certain amendments to the Current Code Provisions that are intended to better identify and define
behaviors associated with dangerous and vicious animals and specify more appropriate alternatives
for dealing with such animals; and
WHEREAS , the City Council believes that adoption of these proposed amendments would
help ensure the humane treatment of animals and protect the health, safety and welfare of the
community by placing greater responsibility and accountability on animal owners for the care and
supervision of their animals and by providing improved alternatives for the care and disposition of
animals that demonstrate dangerous or vicious behavior.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That the recitals contained in this Ordinance are hereby adopted and
incorporated herein as findings of fact of the City Council.
Section 2 . That Section 4- 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Bodily injury" which reads in its entirety as follows :
Bodily injury shall mean physical pain, illness, or any impairment of physical or
mental condition.
Section 3 . That Section 4- 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Dangerous animal" which reads in its entirety as follows :
Dangerous animal is any animal which has :
( 1 ) attacked or bitten a person and thereby caused bodily injury to such person;
or
(2) while off the property of its owner, bitten or seriously injured another
animal ; or
(3 ) chased, confronted or approached a person on a street, sidewalk or other
property not the property of the owner, in a menacing fashion such as
would put a reasonable person in fear of attack; or
(4) exhibited a propensity, tendency or disposition to attack, cause injury or
threaten the safety of persons or other animals without provocation; or
(5 ) acted in a manner that causes or should cause its owner to know that it is
potentially vicious .
Section 4 . That Section 4- 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Serious bodily injury" which reads in its entirety as follows :
Serious bodily injury shall mean bodily injury which, either at the time of the
actual injury or at a later time, involves a break or fracture of one ( 1 ) or more bones
of the body of the victim, or a substantial risk of death or serious permanent
disfigurement, or a substantial risk of protracted loss or impairment of the function
of any part or organ of the body.
Section 5 . That Section 4 . 1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition " Vicious animal" which reads in its entirety as follows :
Vicious animal shall mean any animal which has :
( 1 ) attacked or bitten a person and thereby caused death or serious bodily
injury to such person;
(2) on two (2) or more occasions within a twelve ( 12) month period, attacked
or bitten a person;
(3 ) on two (2) or more occasions within a twelve ( 12) month period, while off
the property of its owner, killed or seriously injured another animal; or
-2-
(4) been trained for animal fighting or is owned or kept for the purpose of
animal fighting.
Section 6 . That Section 4-70 of the Code of the City of Fort Collins is hereby amended
as follows :
Sec. 4-70. Improper care or treatment prohibited.
(a) No owner or keeper of an animal shall fail to provide that animal with
sufficient good and wholesome food and water, proper shelter and protection from
the weather, veterinary care, when necessary, and such other care as is customary
and necessary for the animal's health and well-being, considering the species, breed
and type of animal.
(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 such manner as to endanger the animal's health or life .
(c) No owner of an animal shall abandon such animal.
(d) No person shall restrain or permit an animal to be improperly tethered. For
purposes of this Section, improper tethering shall mean use of a fixed point chain or
tether in a manner that is likely to cause bodily injury to the animal or endanger the
health or safety of other animals or people. An animal control officer is empowered
to make a prima facie determination as to whether tethering is improper, which
determination may be based upon, but is not limited to, the consideration of the
following factors :
( 1 ) using a chain or tether made of rope, twine, cord or similar material that is
insufficient to restrain the animal;
(2) using a chain or tether that:
a, is less than ten ( 10) feet in length;
b . does not have swivels on both ends ;
c , is not attached to the animal by means of a properly fitting harness or
collar of at least one ( 1 ) inch in width; and/or is wrapped around the
animal ' s neck;
(3 ) using a chain or tether that is too heavy or too big for the size and weight
of the animal so that the animal is prohibited from moving about freely;
-3 -
(4) allowing an animal to be chained or tethered in such a manner that the
animal is not confined to the owner' s property or so that the chain or tether
can become entangled and prevent the animal from moving about freely,
lying down comfortably or having access to adequate food, water and
shelter; or
(5 ) using a chain as a primary collar rather than a collar made of nylon, cotton,
leather or similar material.
Section 7 . That Section 4-93 (a) 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, with or without the owner or keeper' s knowledge .
The following shall be exempt from this prohibition:
( 1 ) DapAnimals under the control of a public law enforcement agency.
(2) DopAnimals 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 ) DcrpAnimals 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) DapAnimals in areas designated or signed permitting animals to be at
large, such as dog parks .
Section 8 . That Section 4-95 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 4-95. Public nuisance prohibited.
It shall be unlawful for any owner or keeper to fail to exercise proper care and
control of his or her animal to prevent it from becoming a public nuisance. For the
purposes of this Section, a public nuisance includes an animal whit that is not a
dangerous or vicious animal but is otherwise a safety or health hazard, damages or
destroys the property of another or creates offensive odors which materially interfere
with or disrupt another person in the conduct of lawful activities at such person's
home.
-4-
Section 9 . That the Division 6 of Chapter 4 Code of the City of Fort Collins is hereby
amended by the addition of a new Section 4-96 which reads in its entirety as follows :
Sec. 4-96. Dangerous animals prohibited ; permits ; impoundment.
(a) It shall be unlawful for any person to harbor, keep or maintain within the
City any animal for which a dangerous animal citation has been issued by an animal
control officer unless a permit has been issued by the Humane Society or the
Municipal Judge consistent with the provisions contained in subsection (c) below.
It shall also be unlawful for any person to fail to comply with the terms and
conditions of any such permit or to fail to register a dangerous animal as required
herein.
(b) It is a defense to the charge of owning or keeping a dangerous animal that
the person or animal that was attacked or bitten by the allegedly dangerous animal
was :
( 1 ) other than in self defense or defense of its young, attacking the animal or
engaging in conduct reasonably calculated to provoke the animal to attack
or bite;
(2) unlawfully engaging in entry into or upon a fenced or enclosed portion of
the premises upon which the animal was lawfully kept or upon a portion of
the premises where the animal was properly tethered;
(3 ) unlawfully engaging in entry into or in or upon a vehicle in which the
animal was confined;
(4) attempting to assault another person;
(5 ) attempting to stop a fight between the animal and any other animal;
(6) attempting to aid the animal when it was injured; or
(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.
(c) Dangerous animal permit.
( 1 ) If an animal control officer has reasonable grounds to believe that an
animal is dangerous , the animal control officer may issue a summons to the
owner of such animal and, in his or her discretion, may also issue a permit
temporarily allowing the continued keeping of the animal within the city
pending disposition of the summons so long as the owner of the animal
complies with the requirements set forth in the permit. Said requirements
-5 -
shall include any conditions necessary to ensure that no person or animal
is injured by the dangerous animal. Permit requirements may include, but
are not limited to, the following:
a. that the animal wear a special and conspicuous form of identification
(such as a blaze orange collar);
b , that the owner immediately notify the animal control officer in the
event the animal is loose and unconfined, has attacked or injured a
human being or another animal, has been sold or given to another
person, or has died;
c , that the animal, while on the property of the owner, be confined
indoors or in a securely enclosed and locked structure, suitable to
prevent the entry of children and designed to prevent the animal from
escaping;
d. that the owner display one or more signs approved or issued by the
Humane Society on the owner' s property which provide a clear
warning that a dangerous animal is present on the property;
e . that, while off the owner's property, the animal be muzzled,
restrained in a particular manner, or both, and be under the control of
an adult;
f. that the owner attend one or more educational classes on the
responsible keeping of dangerous animals ; and
g, that, upon request, the owner make the animal available for
inspection by the animal control officer.
(2) Temporary dangerous animal permits may be made permanent, modified
or rescinded only upon order of the court upon disposition of the summons
issued. In making such determination, the court may receive evidence from
the owner and the complainant, the animal control officer, a veterinarian,
a licensed animal trainer, a Humane Society agent and any person having
personal knowledge of the animal's condition. If the court finds that the
animal is dangerous but decides that certain requirements set out in the
permit are not necessary for the protection of the public and other animals,
the court may delete or modify those requirements .
(3) If the owner of an animal that is the subject of a dangerous animal citation
has not been issued a permit to retain the animal under subparagraph (b)( 1 )
of this Section, or if such person fails to comply with any of the
requirements imposed under a temporary permit issued under this Section,
or if such animal is found at large, the Humane Society is authorized to
-6-
impound the animal at the owner' s expense until final disposition of any
summons issued.
(4) If the owner of an animal determined by the court to be dangerous who
believes that the animal is no longer dangerous or that certain requirements
set out in the permit for the animal are no longer necessary for the
protection of the public or other animals, the owner may request that the
Humane Society rescind the determination that the animal is a dangerous
animal or delete or modify those permit requirements; provided, however,
that no such request may be made within the first twelve ( 12) months
following the initial determination that the animal is dangerous . In
reviewing the request, the Humane Society may require the owner to
produce the animal for inspection, allow an animal control officer to
observe the animal in its natural surroundings , and submit information
pertinent to the dangerousness of the animal . If the Humane Society
determines that the animal is no longer dangerous, the permit issued under
this Section may be rescinded. If the Humane Society determines that the
animal still constitutes a dangerous animal but that certain requirements
contained in the permit are no longer necessary, the Humane Society may
delete those conditions from the permit or modify them.
(5 ) Any person to whom a dangerous animal permit has been issued, or who
requests that such a permit be modified or rescinded under the provisions
of this Section, shall pay a fee to the Humane Society in an amount
sufficient to cover the estimated costs of issuing, modifying or rescinding
such permit, as applicable . The amount of such fee and the time of
payment shall be determined by the Humane Society.
Section 10 . That the existing Section 4-96 is hereby renumbered as Section 4-97 and
amended to read in its entirety as follows :
Sec. 4-%97. Vicious animals prohibited.
(a) ft shall be unlawful for any person to own or keep atly VICIOUS allimal . A
vicions animal is otic that bitcsq claws or attempts to bite or claw any person, bites
another animal or in a vicious or te mariner approaches any person M a
apparent attitude of attack, whether or not the attack is consummafed or is capab!
of being No person shall harbor, keep or maintain within the City any
vicious animal except as authorized by the Municipal Judge under Section 4- 197(6) .
If an animal control officer has reasonable grounds to believe that an animal is
vicious, such animal shall be impounded and kept by the Humane Society, at the
owner' s expense, until final disposition of the citation issued to the owner for a
violation of this subsection (a) .
-7-
(b) It is a defense to the charge of owning or keeping a vicious animal that the
person or animal that was attacked or bitten, clawed or approached by the allegedly
vicious animal was :
( 1 ) eother than in self defense or defense of its young, attacking the animal or
engaging in conduct reasonably calculated to provoke the animal to attack
or bite;
(2) Uunlawfully engaging in entry into or upon a fenced or enclosed portion
of the premises upon which the animal was lawfully kept or upon a portion
of the premises where the animal was lawfully restrained by leash or lea
properly tethered;
(3 ) Uunlawfully engaging in entry into or in or upon a vehicle in which the
animal was confined;
(4) zkattempting to assault another person;
(5 ) *attempting to stop a fight between the animal and any other animal;
(6) zkattempting to aid the animal when it was injured; or
(7) Aattempting 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.
(c) For the purposes of this Section, a person is lawfully upon the premises of
an owner or keeper when such person is on the premises in the performance of any
duty imposed by law or by the express or implied invitation of the owner of such
premises or the owner's agent.
(d) No person shall return to or harbor within the City limits an animal
previously determined by any court to be a vicious animal except as provided in §
4- 197 .
-8-
Section 11 . That Section 4- 136 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 4- 136. Authorization for capture and impoundment.
Animal control officers and police officers are hereby authorized to take or
capture animals deemed by them to be included in the categories listed below and
impound them at an animal shelter or other appropriate location where the animals
will be confined in a humane manner. Such officers may utilize a tranquilizer dart
if necessary in order to capture an animal which appears to be vicious or destroy
such animal if necessary to avoid a physical threat to human beings .
( 1 ) Animals at large, vicious or dangerous animals, animals creating a
disturbance, maltreated animals and nuisance animals ;
(2) Wild or exotic animals kept in violation of § 4-73 ;
(3 ) Animals which were being transported by a person involved in a vehicular
accident when such person becomes unable to care for or maintain control
over the animal as a result of the accident and there is no responsible
person present to take possession of the animal;
(4) Animals which will apparently be or have been left uncared for as a result
of the death, injury, arrest, detention or other incapacitation of the owner
or keeper.
Section 12 . That Section 4- 139( 1 ) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 4-139. Reclamation of certain animals restricted or prohibited.
The following restrictions or prohibitions shall apply to the reclamation of the
following impounded animals :
( 1 ) Animals which are or appear to be vicioussthat have been declared vicious
or dangerous may not be reclaimed unless and until a judgment -of
contest,dismissal is entered by the hinnicipat eourt on the vicious animal charge
or, npon a jndgment of guilty or no the court orders the animal
released under conditions consistent with Section 4- 197(b) for the purp
- 9 -
Section 13 . That Section 4- 140(c) of the Code of the City of Fort Collins is hereby
amended to read as follows :
Sec. 4440. Impound fees.
(c) An owner or keeper reclaiming an impounded dog or animal must
present satisfactory proof of vaccination for rabies and a valid license to the animal
shelter prior to reclaiming the dog or ca animal . An owner or keeper reclaiming an
impounded dog or ca animal 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 eatanimal 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 .
Section 14 . 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 that has been surrendered to the Humane Society or not reclaimed
by its owner within the period of time set forth in § 4- 13 8 of this Code shall become
the property of the City or Humane Society and may 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 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 15 . That Section 4- 197 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 4-197. Additional penalties or requirements for dangerous and vicious
animals.
(a) Registration of dangerous and vicious animals . All owners of animals
determined by the Municipal Judge to be vicious or dangerous animals shall, unless
the animal has been ordered destroyed, annually register their animal and provide
a current color photograph of the animal with the Humane Society and pay a
registration fee to be set by the Humane Society. At the time of registration, each
owner of any dangerous or vicious animal kept within the City shall provide proof
of liability insurance in the amount of at least One Million Dollars (S 1 ,000,000) for
any acts of property damage or liability incurred by virtue of injury inflicted by such
- 10-
animal. Such insurance shall name the City as co-insured solely for the purpose of
notice of cancellation of the policy. Upon payment of the fee, the Humane Society
shall issue a current vicious/dangerous animal collar of an approved color for the
purpose of identification, which collar is to be worn by the animal at all times as
proof of registration. If, due to the length of the animal ' s hair, the collar is not
visible, an approved colored lead or chain shall be used. A vicious/dangerous animal
collar may be removed from a dangerous animal for grooming or purposes of other
care when the animal is secured indoors or in an approved pen.
(b) In addition to the penalties provided in § 1 - 15 , the Municipal Judge
shallmay order any animal determined to be vicious barred from the eity or
destroyed by the Humane Society, or if not destroyed, made subject to any such
conditions the Municipal Judge deems necessary to protect the public and other
animals . Such conditions may include, but are not limited to, requirements that the
owner of the animal shall :
( 1 ) within ten ( 10) days after sentencing, spay or neuter the animal if not
already done ;
(2) have a licensed veterinarian implant an electronic identification microchip
in the animal and provide the information contained in the microchip to the
Humane Society;
(3 ) notify the Humane Society when the animal is sold, gifted, or transferred
to another person, in which event the owner shall remain liable for the
actions of the animal until formal notification of sale, gift or transfer is
given to the Humane Society;
(4) not have any animal violations ;
(5 ) ensure that such animal does not damage or destroy public or private
property;
(6) notify the Humane Society immediately if the animal is running at large ;
(7) ensure that when such animal is on the property of the owner such animal
is :
a. confined within a residence and under the control of a person over the
age of eighteen ( 18) years ; or
b . when outdoors :
1 . confined in a locked pen or other structure that provides the
animal with adequate protection from the elements and that is
located at least three (3 ) feet from any property line and at least
- 11 -
fifteen ( 15) feet from any neighboring dwelling unit, that has
secure sides and a secure top and either a floor made of
concrete or other impervious surface or, in the absence of such
a floor, sides imbedded in the ground to a minimum depth of
one ( 1 ) foot; or
2 . under the control of a person over the age of eighteen ( 18) years
and securely muzzled and harnessed or leashed on a lead not
exceeding six (6) feet in length in a manner that prevents the
animal from chasing, injuring or biting other animals or humans
as well as preventing damage to public or private property.
(8) ensure that when such animal is off the property of the owner it is under the
control of a person over the age of eighteen ( 18) years , securely muzzled
and:
a, confined within a residence, or a locked pen or other structure that
meets the requirements of paragraph (7)(a)( 1 ) of this Section, or a
locked vehicle ; or
b . harnessed or leashed on a lead not exceeding six (6) feet in length in
a manner that prevents the animal from chasing, injuring or biting
other animals or humans as well as preventing damage to public or
private property;
(9) post and maintain signs issued or approved by the Humane Society placed
at each entrance to the premises where the animal is kept and on the pen or
other structure in which the animal is confined; and
( 10) agree that failure to comply with any of the conditions shall result in
surrender of the animal and impoundment, at the owner' s expense, by the
Humane Society for disposition, which disposition may include euthanasia,
without further notice or hearing.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D . 2009, and to be presented for final passage on the 5th day of January, A.D . 2010.
Mayor
ATTEST :
City Clerk
- 12-
Passed and adopted on final reading on the 5th day of January, A . D . 2010 .
Mayor
ATTEST :
City Clerk
- 13 -