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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - SECOND READING OF ORDINANCE NO. 119, AMENDING SECT Agenda Item 11 Item # 11 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. 119, Amending Section 4-94 of the Code of the City of Fort Collins Regarding Animal Disturbance of Peace and Quiet. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on October 6, 2020 by a split vote of 5-2 (Nays: Pignataro and Summers), 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 RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 6, 2020 (w/o attachments) (PDF) 2. Powerpoint Presentation (PDF) 3. Ordinance No. 119, 2020 (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. October 20, 2020Animal Nuisance CodeMarcy YoderATTACHMENT 2 OverviewResources available for Animal Disturbance casesLarimer Humane Society process re: Animal Disturbance complaints and citationsProsecution process re: Animal Disturbance citations2 Neighbor Resources3• LHS Step 1: Communicate with the pet owner.• Noisy Pet Letter• Neighborhood Services: Mediation or Conflict Coaching• Free and confidential service to resolve disputes.• Both encourage outreach, education and voluntarycompliance. Larimer Humane Society Process• Complaint investigated and warning issued as appropriate.• Pet owner has opportunity to refute or remedies the disturbance.• Second complaint within a year, investigated and citation issued if appropriate.• Complainant must be willing to appear in court if citation is contested.• Pet Owner has opportunity to contest or pay the fine.4 Larimer Humane Society Number of ComplaintsTotal complaints: 425Number of warnings: 146Number of citations: 375 Prosecution Process• Pet owner meets with prosecutor and may accept a plea bargain or set the case for hearing.• Animal Disturbance violations and penalties are:•1stviolation within 12 months – civil infraction and $175 fine•2ndviolation within 12 months – civil infraction and $350 fine•3rdviolation within 12 months MAY be a criminal misdemeanor• Otherwise, civil infraction and $500 fine• Maximum Fine $3,0006 Disposition of Animal Disturbance Cases Total Animal Related Cases: 622Total Animal Disturbance: 57• Deferred judgement/sentence: 2• Dismissed: 21• Suspended Fine: 17• Fined: 16• Not Guilty 17 October 20, 2020Animal Nuisance CodeMarcy Yoder -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 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