HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 143, 2006, AMENDIN ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: October 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss
SUBJECT
Second Reading of Ordinance No. 143,2006,Amending Section 4-73 of the Code of the City of Fort
Collins Relating to the Possession of Wild or Exotic Animals.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,which was unanimously adopted on First Reading on September 5,2006, exempts
animal shelters and bird rescue and education centers from restrictions on the possession and feeding
of wild animals.
ORDINANCE NO. 143, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4-73 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO THE POSSESSION OF WILD OR EXOTIC ANIMALS
WHEREAS,the provisions of Chapter 4 of the City Code,pertaining to animals and insects,
apply throughout the City; and
WHEREAS,Section 4-73 of the Code contains a prohibition against the possession of certain
wild or exotic animals within the City limits; and
WHEREAS,the Larimer County Humane Society(the"Humane Society")enforces,pursuant
to a contract with the City, the provisions of this Chapter of the City Code; and
WHEREAS,the Humane Society is located in the Southwest Enclave Annexation,which this
same date has been annexed by the City Council; and
WHEREAS, the Humane Society may, after annexation, continue to come into possession
of certain animals,the possession of which is otherwise illegal in the City under Code Section 4-73;
and
WHEREAS, an exception to that provision for the Humane Society and other similar
businesses is necessary to allow such entities to exercise functions and duties beneficial to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 4-73 of the Code of the City of Fort Collins is hereby by the addition of a
new subparagraph (f) which reads in its entirety as follows:
Sec. 4-73. Limitation on possession and feeding of wild or exotic animals.
(a) No person shall own, 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, unless authorized under a state wildlife rehabilitation license;
(6) Deer;
(7) Any wolf, coyote or fox;
(8) Any species of nonhuman primate, but excluding animals imported under
authority of state or federal law; and
(9) Wild geese or ducks, except as permitted under a state wildlife rehabilitation
license.
(c) For the purpose of this Section, to feed shall mean all provision of edible or
drinkable material, including without limitation bones, salt licks and water.
(d) It shall be a defense to a charge of violating this Section that a person holds
a valid City circus, menagerie or carnival license under § 15-291 or that a person is
feeding only squirrels or birds, other than wild ducks or geese.
(e) No person shall be subject to prosecution under Paragraph 4-73(b)(9)above
unless, within one(1) year immediately preceding the date of the alleged violation,
such person has been issued a written warning stating that the feeding of wild geese
or ducks at the same approximate location of the alleged offense has been determined
by the city's Department of Natural Resources to constitute a public health and safety
concern and that such feeding is prohibited by the provisions of said Paragraph.
(f) The provisions of this section shall not apply to animals in the possession and
control of the Humane Society or animal shelter, bird rescue or education center
licensed or administered by any subdivision of the state or federal government.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on th rd day of October, A.D. 2006.
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Mayo
ATTEST:
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City Clerk
Passed and adopted on final reading on the 3rd day of October, A.D. 2006.
Mayor
ATTEST:
City Clerk