HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - SECOND READING OF ORDINANCE NO. 119, AMENDING SECT (2) 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
OverviewResources available for Animal Disturbance casesLarimer Humane Society process re: Animal Disturbance complaints and citationsProsecution 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
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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:
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(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