HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2013 - FIRST READING OF ORDINANCE NO. 070, 2013, AMENDINGDATE: May 21, 2013
STAFF: Beth Sowder
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
First Reading of Ordinance No. 070, 2013, Amending Section 4-196 of the City Code so as to Change the Violation
of Interference with Animal Control Officers from a Civil Infraction to a Criminal Misdemeanor Offense.
EXECUTIVE SUMMARY
On February 19, 2013, City Council adopted Ordinance No. 021, 2013, amending Chapter 4 of the City Code
decriminalizing certain offenses related to the care and keeping of animals. This change was intended to include all
animal offenses that constitute neighborhood nuisances. After further deliberation, Animal Control recommends
keeping the section pertaining to interference with an animal control officer as a criminal misdemeanor. Staff
recommends changing this Code section from a civil infraction to a criminal misdemeanor.
BACKGROUND / DISCUSSION
On February 19, 2013, City Council amended Chapter 4 of the City Code, decriminalizing certain offenses related to
the care and keeping of animals. Staff identified the Code sections that were to remain criminal misdemeanors, and
the rest of Chapter 4 was decriminalized, making those offenses civil infractions. Staff identified provisions that should
remain criminal misdemeanors (i.e. ,primarily the cruelty to animals and dangerous animals sections). After further
deliberation, Animal Control recommends keeping the section pertaining to interference with animal control officers
as a criminal misdemeanor and staff agrees with that recommendation.
Staff believes that conduct rising to the level of interference with Animal Control Officers should be treated as a
criminal misdemeanor offense. Staff recommends changing the violation of interference with animal control officers
from a civil infraction to a criminal misdemeanor.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 070, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4-196 OF THE CODE OF THE CITY OF FORT COLLINS
SO AS TO CHANGE THE VIOLATION OF INTERFERENCE WITH
ANIMAL CONTROL OFFICERS FROM A CIVIL INFRACTION TO A CRIMINAL
MISDEMEANOR OFFENSE
WHEREAS, on February 19, 2013, City Council adopted Ordinance No. 021, 2013 which
amended Chapter 4, Article II of the City Code decriminalizing certain offenses related to the care
and keeping of animals; and
WHEREAS, interference with animal control officers was included within those offenses that
were decriminalized; and
WHEREAS, City staff believes that conduct rising to the level of interference with animal
control officers should be treated as a criminal misdemeanor offense; and
WHEREAS, City staff is recommending changing the violation of interference with animal
control officers from a civil infraction to a criminal misdemeanor; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
amend City Code Section 4-196 changing the violation of interference with animal control officers
from a civil infraction to a criminal misdemeanor.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 4-196 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 4-196. Generally.
Any person found guilty of violating any provision of this Chapter, except Sections
4-70, 4-74, 4-95, 4-96, 4-97,4-119, and 4-157, and 4-177 whether by acting in a
manner declared to be unlawful or by failing to act as required, commits a civil
infraction and is subject to the penalty provisions of Subsection 1-15(f). Any person
who violates Sections 4-70, 4-74, 4-95, 4-96, 4-97, 4-119, or 4-157, or 4-177
commits a misdemeanor criminal offense and is subject to a penalty or imprisonment,
costs and fees and any other orders imposed in accordance with § 1-15.
Introduced, considered favorably on first reading, and ordered published this 21st day of
May, A.D. 2013, and to be presented for final passage on the 4th day of June, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of June, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk