HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - SECOND READING OF ORDINANCE NO. 120, 2020, AMENDIN Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY October 20, 2020
City Council
STAFF
Marcy Yoder, Neighborhood Services Senior Manager
Bronwyn Scurlock, Legal
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 6, 2020, clarifies existing City Code
language guiding enforcement, prosecution, and Municipal Court regarding violations and penalties for animal
disturbance and dangerous animals in the City.
Staff made modifications between First and Second Reading to incorporate a civil rather than a criminal
process regarding the dangerous animal permit. The Judge’s declaration of a dangerous animal requiring a
permanent dangerous animal permit will become a civil order of the court, because the length of jurisdiction in
such cases exceeds the court’s criminal jurisdiction. Further, after 36 months, and no further animal violations,
the owner or keeper of the dangerous animal may prove to the court at a civil hearing by clear and convincing
evidence that the animal is no longer dangerous and/or should no longer be subject to certain permit
requirements.
STAFF RECOMMENDATION
Staff recommends adoption on of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 6, 2020 (w/o attachments) (PDF)
Agenda Item 10
Item # 10 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:
o Clarifies for the court the requirement to order any person convicted to register their animal
ATTACHMENT 1
Agenda Item 10
Item # 10 Page 2
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.
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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 Humane Society o r the Municipal Judge has issued a permit for
such animal consistent with the provisions contained in Subsection (c) below.
…
(c) Dangerous animal permit.
(1) It shall be unlawful for any person that owns, possesses, harbors, keeps or
maintains a danger ous 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) 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 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 City pending disposition of the
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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 dangerous animal. Permits shall only
be issued for an individual animal. Temporary Permit requirements shall 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;
d. that the owner or keeper immediately notify the animal control officer if
the animal is loose and unconfined, has attacked or injured a person or another
animal, has been sold or given to another person or has died;
e. 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 tha t 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 harne ssed 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;
f. 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;
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g. 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
1. confined within a residence or a locked pen or other structure that
meets the requirements of subparagraph 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
h. that, upon request, the owner or keeper make t he animal available for
inspection by the animal control officer.
(3) Temporary dangerous animal permits may be made permanent, modified or
rescinded only upon order of the court upon disposition of the summons issued. A
permanent dangerous animal permit becomes a civil order of the court. In making such
determinations, 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 ha ving 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 temporary permit are not necessary for the protection of the
public and other animals, the court may del ete or modify those requirements.
(4) 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 (bc)(12) of
this Section, or if such person fails to comply wi th 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 impound the animal at the owner’s or keeper’s
expense until final disposition of any summons is sued.
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 or dered by
the court in accordance with § 4-197 of this Code.
(5) After a period of thirty -six (36) consecutive months from the date of the civil
order issuing the permanent dangerous animal permit, and with no further violations of
any provisions of this Chapter 4, the registered owner or keeper may makepetition the
court by making a written request for a hearing to prove to the Court by clear and
convincing evidence that the animal is no longer dangerous and/or to release some or
all of the permit require ments. At such hearing, to the court to be released from the
requirements of this Section, which the court may grant upon finding that the condition
of the permit have been satisfied for the requisite period . In reviewing the request, the
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court may require proof that the conditions of the permit have been satisfied for the
requisite period, require the owner to produce the animal for inspection , and, allow an
animal control officer to observe the animal in its natural surroundings, and to submit
information pertinent to the dangerousness of the animal. If the court determines that
the animal still constitutes a dangerous animal but that certain requirements contained
in the permit are no longer necessary, the 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 and court 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 court and are in addition to any other fees authorized under this chapt er.
(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. 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.
. . .
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 may not be reclaimed unless and until the court
orders the animal released under conditions consistent with § 4-197;
. . .
Section 5. That Section 4-197 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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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, provide a current color photograph of the animal 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 ($1,0 00,000.) 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);
c. that the owner or keeper provide the n ame(s) of the person(s) responsible
for animal ownership, and the address of the property 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;
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g. that the animal, while on the property of the owner or keepe r, 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 tha t
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 not exceeding six (6) feet in length in a manner tha t
prevents the animal from chasing, injuring 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
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 an imal 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 t he information
contained in the microchip to the Larimer Humane Society;
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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 shall include, but are not
limited to, requirements that the owner or keeper of the animal shall:
(1) 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 in
the animal and provide the information contained in the microchip to the Humane
Society;
(3) ensure that such animal does not damage or destroy public or private property;
(4) not have any further violations of this Chapter 4;
(5) 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.
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
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Passed and adopted on final reading on this 20th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk