HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2020 - ITEMS RELATING TO CONTROL OF ANIMALS Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY October 6, 2020
City Council
STAFF
Marcy Yoder, Neighborhood Services Senior Manager
Bronwyn Scurlock, Legal
SUBJECT
Items Relating to Control of Animals.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 119, 2020, Amending Section 4-94 of the Code of the City of Fort
Collins Regarding Animal Disturbance of Peace and Quiet.
B. First Reading of Ordinance No. 120, 2020, Amending Various Sections of Chapter 4 of the Code of the
City of Fort Collins Regarding Dangerous and Vicious Animals.
The purpose of this item is to clarify existing City Code language to guide enforcement, prosecution and the
Municipal Court regarding violations and penalties for animal disturbance and dangerous animals in the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City contracts with Larimer Humane Society (LHS) to provide animal protection and control services in
Fort Collins. City and LHS staff determined that several City Code sections pertaining to animal noise
disturbances and dangerous animals should be updated to reflect current enforcement practices and provide
clarification.
Section 4-94 Animal Noise Disturbance
The proposed changes update the existing provisions to define unreasonable noise to include factors for
officers to consider such as time of day, duration of noise, and noise level, and adds a provision to protect
personal information of the reporting party when a warning is issued from being released until such time a
citation is issued.
Section 4-96 Dangerous animals prohibited; permits; impoundment
This section was created in 2009 to give additional options for animal violations so not all aggressive animals
would be required to be seized and destroyed as vicious animals. The following are the proposed changes:
• Align with state law to apply to those who have a property interest in such animals, not only persons who
may be caring for or harboring the animal.
• It clarifies and simplifies permit conditions and registration requirements of a dangerous animal:
Agenda Item 7
Item # 7 Page 2
o Clarifies for the court the requirement to order any person convicted to register their animal
o Specifies for law enforcement officers the requirements of a Temporary Dangerous Animal Permit
o Clarifies and expands the requirements of the animal owner for such permits in the interest of public
safety
o Clarifies and directs the court regarding the conviction and requirements of sentencing and Permanent
Dangerous Animal Permits
o Takes the Humane Society out of the position of having power to remove or change court ordered
sentences and remands such actions back to the court
o Clarifies fees
o Specifies a limit on how many Dangerous Animal Permits may be issued to any person/household
Sec 4-97 Vicious Animals Prohibited
The proposed changes to this section align the City Code to state law and apply to those who have a property
interest in such animals, not only to persons who may be caring for or harboring the animals.
Sec 4-139 Reclamation of certain animals restricted or prohibited
The proposed change is to remove the requirement that dangerous animals not be released while leaving the
restriction that the court must order the animal released with conditions for “vicious” animals.
Sec 4-197 Additional Penalties or requirements for dangerous and vicious animals
The proposed changes to this section include the following:
• Clarification as to which section and violations these penalties and restrictions are to be applied
• Specifies the additional penalties and requirements for the court to order
PUBLIC OUTREACH
Public comment was not sought because the proposed changes are to align with state law and for clarification
for better guidance for enforcement, prosecution, the public and the court.
-1-
ORDINANCE NO. 119, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4-94 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING ANIMAL DISTURBANCE OF PEACE AND QUIET
WHEREAS, over the years, City staff has received numerous complaints regarding the
enforceability of City Code Section 4-94 on animal disturbance of peace and quiet; and
WHEREAS, based upon those complaints, and after consulting with the animal control
staff at the Larimer Humane Society, staff recommends modifying Section 4-94 to better guide
enforcement, prosecution, the public and the Municipal Court in managing the problems created
by barking dogs and other animal disturbances; and
WHEREAS, staff recommends modifying the definition of unreasonable noise to include
factors to be taken into consideration such as time of day, duration of noise, and noise level when
making a determination as to what constitutes unreasonable noise; and
WHEREAS, staff further recommends adding a provision stating a citation will only be
issued in the event that the party complaining about noise signs an affidavit or verifies in writing
the allegations of the complaint, to put the public on notice that this will be a requirement for
enforcement; and
WHEREAS, the City Council has determined the recommended changes are in the best
interests of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 4-94 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-94. - Animal disturbance of peace and quiet prohibited.
(a) No owner or keeper of an animal shall permit such animal to make unreasonable noise or
disturb the peace and quiet of any person by barking, whining, howling, yowling, squawking or
making any other noise in an excessive, continuous or untimely fashion., whether the animal is
on or off the owner’s premises.
(b) For purposes of this Section, unreasonable noise shall mean any sound of such level and
duration as to be, or tend to be, injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property. The following factors shall be
taken into consideration when determining unreasonable noise:
-2-
(1) time of day;
(2) duration of noise;
(3) noise level;
(4) any other factors tending to show the magnitude and/or disruptive effect of the
noise.
(c) No person owner or keeper shall be deemed guilty of a violation of this Section unless the
investigation of such violation was undertaken by the City because of a citizen complaint.
(d) If a complainant requests their identity remain confidential, such identity shall remain
confidential to the extent permitted under the Criminal Justice Records Act until a citation for a
violation of this Section is issued. A citation will only be issued if the complainant signs an
affidavit attesting to the violation or otherwise verifies in writing the allegations of a complaint.
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2020, and to be presented for final passage on the 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-1-
ORDINANCE NO. 120, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING DANGEROUS AND VICIOUS ANIMALS
WHEREAS, over the years, City staff has received numerous complaints regarding the
enforceability of the City Code provisions pertaining to dangerous and vicious animals; and
WHEREAS, based upon those complaints, and after consulting with the animal control
staff at the Larimer Humane Society, staff recommends modifying such provisions to better
guide enforcement, prosecution, the public and the Municipal Court in managing the problems
created by dangerous and vicious animals; and
WHEREAS, staff recommends changes that would align such provisions with current
state law and clarify and simplify permit conditions and registration requirements for a
dangerous or vicious animal; and
WHEREAS, the City Council has determined the recommended changes are in the best
interests of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 4-96 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-96. Dangerous animals prohibited; permits; impoundment.
(a) It shall be unlawful for any person to own, possess, harbor, keep or maintain any
dangerous animal 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 has issued a permit for such animal consistent with the provisions
contained in Subsection (c) b elow. 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.
…
(c) Dangerous animal permit.
(1) It shall be unlawful for any person that o wns, possesses, harbors, keeps or
maintains a dangerous animal to fail to comply with the terms and conditions of any
dangerous animal permit or to fail to register a dangerous animal as required herein.
-2-
(12) If an animal control officer has reasonable g rounds to believe that an animal is
dangerous, the animal control officer may issue a summons to the owner or keeper of
such animal and, in his or her discretion, may also issue a permit temporarily allowing
the continued keeping of the animal within the C ity pending disposition of the
summons so long as the owner or keeper of the animal complies with the requirements
set forth in the permit. Said requirements shall include any conditions necessary to
ensure that no person or animal is injured by the danger ous animal. Permits shall only
be issued for an individual animal. Temporary Permit requirements mayshall 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 or keeper provide the name(s) of the person(s) responsible
for animal ownership, and the property location wherein the animal will be
residing;
c. that the owner or keeper provide the names and addresses of two (2)
additional persons who may be contacted to take responsibility in the case of
emergency;
bd. that the owner or keeper immediately notify the animal control officer in
the eventif the animal is loose and unconfined, has attacked or injured a human
being person or another animal, has been sold or given to another person or has
died;
ce. that the animal, while on the property of the owner or keeper, 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;
1. confined within a residence and under the control of a person
over the age of eighteen (18) years; and
2. when outdoors:
a) 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
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
b) under the control of a person over the age of eighteen (18)
years and securely muzzled and harnessed or leashed on a lead
-3-
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;
df. that the owner or keeper display one (1) 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;
eg. that, while off the owner's or keeper’s property, the animal be muzzled,
restrained in a parti cular manner, or both, and be under the control of an adult; is
under the control of a person over the age of eighteen (18) years, securely
muzzled, and
1. confined within a residence or a locked pen or other structure that
meets the requirements of su bparagraph e.2.a) above or a locked vehicle;
or
2. 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; and
f. that the owner attend one (1) or more educational classes on the
responsible keeping of dangerous animals; and
gh. that, upon request, the owner or keeper make the animal available for
inspection by the animal control off icer.
(23) 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 or keeper
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 requirem ents set out in the temporary permit are not necessary for the protection
of the public and other animals, the court may delete or modify those requirements.
If the court finds that the animal is dangerous and does not order the animal destroyed,
the court shall order the animal be registered with a Dangerous Animal Permit and
comply with all permit requirements, in addition to any other requirements ordered by
the court in accordance with § 4-197 of this Code.
(34) If the owner or keeper of an animal that is the subject of a dangerous animal
citation has not been issued a permit to retain the animal under Paragraph (b)(c)(12) of
this Section, or if such person fails to comply with any of the requirements imposed
under a temporary permit issued under thi s Section, or if such animal is found at large,
-4-
the Humane Society is authorized to impound the animal at the owner’s or keeper’s
expense until final disposition of any summons issued.
(45) If the owner of an animal determined by the court to be dangero us 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 de termination 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. After a period of thirty-
six (36) consecutive months, and with no further violations of any provisions of this
Chapter 4, the registered owner or keeper may make a written request to the court to be
released from the requirements of this Section, which the cour t may grant upon finding
that the conditions of the permit have been satisfied for the requisite period In
reviewing the request, the Humane Society court may require the owner to produce the
animal for inspection and, allow an animal control officer to ob serve the animal in its
natural surroundings, and to submit information pertinent to the dangerousness of the
animal. If the Humane Society court determines that the animal still constitutes a
dangerous animal but that certain requirements contained in the permit are no longer
necessary, the Humane Society court may delete those conditions from the permit or
modify them.
(6) 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
and are in addition to any other fees authorized under this chapter .
(7) No person or dwelling unit or premises shall be issued more than two (2)
dangerous animal permits at any time.
Section 3. That Section 4-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-97 Vicious animals prohibited.
(a) No person shall own, possess, harbor, keep or maintain within the City any vicious
animal except as authorized by the Municipal Judge under Paragraph 4-197(6) of this Chapter. 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 or keeper’s expense, until
final disposition of the citation issued to the owner or keeper for a violation of this Subsection.
. . .
-5-
Section 4. That Section 139 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 that have been declared vicious or dangerous may not be reclaimed unless and
until the court orders the animal released under conditions consistent with Subsection § 4-197(b);
. . .
Section 5. 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 or keepers 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 under a Dangerous Animal Permit as
specified in Section 4-96, and provide a current color photograph of the animal with to the
Humane Society and pay a registration fee to be set by the Humane Society. At the time of
registration, each owner or keeper 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 ($1,000,000.) for
any acts of property damage or liability incurred by virtue of injury inflicted by such 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.
(1) Dangerous Animal Permit: If the court finds that the animal is dangerous and does
not order the animal destroyed, the following requirements, in addition to any other
requirements ordered by the court, shall be included in the permanent permit:
a. that the owner or keeper shall provide proof of liability insurance in the
amount of at least one million dollars ($1,000,000.) for any acts of property
damage or liability incurred by virtue of injury inflicted by such animal;
b. that the animal wear a special and conspicuous form of identification
(such as a blaze orange collar);
-6-
c. that the owner or keeper provide the name(s) of the person(s) responsible
for animal ownership, and the address of the property location where the animal
will be kept;
d. that the owner or keeper provide the names and addresses of two (2)
additional persons who may be contacted to take responsibility in the case of
emergency;
e. that the owner or keeper shall immediately notify the Humane Society if
the animal is loose and unconfined, has attacked or injured a person or another
animal, or has died;
f. that the owner or keeper shall immediately notify the Humane Society if
the animal has been moved from the last reported location, has been stolen, or
has been sold or given to another person, and provide any pertinent information
requested;
g. that the animal, while on the property of the owner or keeper, be:
1. confined within a residence and under the control of a person
over the age of eighteen (18) years; and
2. when outdoors:
a) 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 f rom any property line and at
least 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
b) 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, in juring or biting other
animals or humans, as well as preventing damage to public or
private property;
h. that the owner or keeper display one (1) or more signs approved or
issued by the Larimer Humane Society on the owner's property which provides a
clear warning that a dangerous animal is present on the property; and
i. that, while off the owner’s or keeper’s property, the animal is under the
control of a person over the age of eighteen (18) years, securely muzzled, and
-7-
1. confined within a residence or a locked pen or other structure
that meets the requirements of subparagraph (2)(a) above or a locked
vehicle; or
2. 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;
j. that the owner or keeper have a licensed veterinarian implant an
electronic identification microchip in the animal and provide the information
contained in the microc hip to the Larimer Humane Society;
k. that the animal be spayed or neutered within ten days of the Dangerous
Animal Permit being made permanent, and documentation provided to the
Larimer Humane Society; and
l. that, upon request, the owner or keeper make the animal available for
inspection by the animal control officer; and,
m. that the owner or keeper renew each dangerous permit annually, until
such time that the animal identified in the permit is no longer in their
possession, or is no longer a dangerous animal as determined by the Court.
(b) In addition to the penalties provided in § 1-15, the Municipal Judge may order any
animal determined to be dangerous or vicious destroyed by the Humane Society or, if not
destroyed, made subject to any such additional conditions the Municipal Judge deems
necessary to protect the public and other animals. Such conditions mayshall include, but are
not limited to, requirements that the owner or keeper of the animal shall:
(1) within ten (10) days after sentencing, spay or neuter the animal if not already
done; attend one (1) or more educational classes on the responsible keeping of
dangerous animals or animal training classes or courses;
(2) have a licensed veterinarian implant an electronic identification microchip i n
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 th e
animal until formal notification of sale, gift or transfer is given to the Humane
Society;ensure that such animal does not damage or destroy public or private property;
(4) not have any animal further violations of this Chapter 4;
-8-
(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 resi dence 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 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 t he 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 Subparagraph (7)a.1. above 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
(105) agree that failure to comply with any of the conditions shall result in surrender of
the animal and impoundment, at the owner’s or keeper’s expense, by the Humane Society
for disposition, which disposition may include euthanasia, without further notice or
hearing.
-9-
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2020, and to be presented for final passage on the 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk