HomeMy WebLinkAboutWORK SESSION SUMMARY-05/10/2022-Work Session
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: May 19, 2022
To: Mayor and City Council
From: Ginny Sawyer, Senior Policy and Project Manager
Thru: Kelly DiMartino, City Manager
Kyle Stannert, Deputy City Manager
RE: Work Session Summary – May 10, 2022: Mid-Cycle Council Priorities-2021-2023
Mayor Pro Tem Francis and Councilmembers Gutowsky, Canonico, Pignataro, and Ohlson
were present. Staff provided Priority status updates and categorized progress by items that
would be substantially complete this term, those that would see significant progress with an
outcome achieved within 1-3 years, and those that will take 3-5 years to see significant
implementation.
Staff highlighted Priorities seeking clarification and Council followed with specific Priority
questions. Clarity and next steps are noted below by Priority. Additional information is provided
in attachments.
Improve Traffic Compliance
x Tyler Stamey, City Traffic Engineer, gave an overview of traffic compliance efforts
including policy efforts, livability goals, and safety data.
x Information included both current efforts and opportunities for improvement.
x Deputy Chief John Feyen also addressed police enforcement efforts.
Discussion:
x Council supported Traffic Engineering efforts.
x The main concerns were identified as traffic noise, speeding, and crosswalk
education/pedestrian safety.
x Consider audit of local laws to ensure speeds and operations are what we want.
Next Steps:
x Continue with multimodal work and Vision Zero plan.
x Continue to look for ways to enforce traffic noise violations and other targeted
enforcement efforts.
x Consider crosswalk education and enforcement.
Air Quality
x Staff has heard support for potential wood burning prohibitions from Council, City/County
joint meeting, and Poudre Fire Authority. Seeking direction on specific support moving
forward.
Discussion:
x Noted that impact to regional air quality from a ban is minimal while the neighborhood
impact can be significant.
x Overall support/interest in pursuing additional restrictions possible based on conditions,
County actions, etc.
x Strong desire for actionable items addressing this Priority.
x Discussion/recognition that air quality is a regional issue:
o Highlighted oil & gas work and intergovernmental work County and the state and
transportation impacts and actions
x Discussion on increasing and expanding programs for lawn and garden rebate
programs.
x Interest in data on air quality related to waste hauling.
Next Steps:
x Will work with PFA to further explore options for woodburning ban triggers and provide
further recommendations via memo in Q3/Q4 timeframe.
Waste Reduction and Recycling Efforts (Contracting system for residential garbage,
recycling, & compost; Accelerate composting; Reduce plastic pollution; Make real
progress on Road to Zero waste; Enhanced recycling education.)
Discussion:
Contracting
x Strong educational campaign on the why, how this tool can support consistency in
recycling and provide additional services; address concerns and misinformation such as
City taking over trash hauling and creating a monopoly; reminder that the majority of the
U.S. uses this type of system.
x Gather and share data to inform conversation e.g., air quality benefits, neighborhood
benefits, and street maintenance savings.
Education
x Support for reaching out to historically underrepresented groups and ensure we are still
reaching all community members.
x Reiterated the importance of consistency in guidelines education, which may be
supported by the recently adopted state Extended Producer Responsibility legislation,
if/when signed by the Governor.
Composting
x Discussion around supporting backyard composting and our local businesses in this
space, as well as importance of continued work with our regional partners around
infrastructure and then drafting policy for all sectors of the community for composting
food scraps and yard trimmings.
Plastics Reduction
x Support for current efforts and encouragement to identify additional opportunities for
actions to further advance the goals.
Road to Zero Waste (RTZW)
x Interest in seeing roadmap and interim goals on RTZW.
Next Steps:
x Continue contracting data collection and education efforts.
x Develop and highlight interim RTZW goals. Will be provided at October 11, 2022 work
session.
x Continue work on all other waste-related Council Priorities, incorporating feedback as
noted above.
Regionalism
x Staff seeking clarity on areas of focus and what success looks like.
Discussion:
x Make sure these efforts include counties and communities to the east.
x Particular areas of focus: Air Quality, Solid Waste, Water, Climate Action; Open Space;
Transit; Land Use.
Next Steps:
x Reformat and focus future Regionalism Priority update.
x Expand current elected officials meeting.
x Build and improve regional relationships.
Animal Cruelty and Neglect
x Staff seeking clarity on desired outcome and any gaps to address.
Discussion:
x Broad overview of current regulations, ticketing, municipal court vs county or district
court, and penalties provided.
x Suggestion that local level may not be most effective way to make an impact on
penalties for more serious offenses. State may be better.
x Discussion regarding Larimer Humane Board and interest/ability for Council to have
representation.
Next Steps:
x Recirculate January 2022 overview memo. (Attached.)
x Work session scheduled for November 8, 2022, if desired.
x Consider adding language to the Legislative Policy Agenda to support this Priority.
x Continue to build relationships with Larimer Humane and consider Board representation.
Help Bird Species Recover
x Staff seeking direction on current efforts and intended goals.
Discussion:
x Bird City Designation is good but want to ensure we’re taking actions that help birds.
x Desire to see more enforcement and education on outdoor cats and requirements for
cats to be leashed. (Additional information from Larimer Humane is attached.)
x Interest in a menu of best practices options for Council to consider.
Next Steps:
x Memo identifying current efforts in this area and possible further actions that are best
practices including enforcement of free roaming cat regulation, humane society
collaboration, lights out efforts, rewilding parks, etc.
x Increase education campaigns on outdoor cats and ways residents can support bird
habitat.
Improve Tree Policies
x General questions regarding tree policies and the tree subsidy program.
Discussion:
x Recognition that tree care can be expensive. In the future maybe consider moving tree
subsidy funds directly to Forestry to enhance City-owned tree canopy.
Next Steps:
x Staff are currently reviewing the draft report of Land Use Code Audit by Clarion
Associates and exploring Council Meeting/work session dates in Q3
x Staff will bring forward specific Municipal Code updates and new tree related ordinances
to Council on June 21.
Increase Minimum Wage
x Council question concerning whether this Priority will be achieved this term.
Discussion:
x Staff shared current process, timeline, and state criteria for implementation (Consult with
surrounding local governments, engage Stakeholders including Chamber of Commerce,
Small and Large Business, and Community groups.)
x Council shared desire to meet criteria and not over-do engagement process.
Next Steps:
x Work Session on July 12, 2022.
x Staff will schedule regular meeting for ordinance consideration in Q3/Q4.
General Discussion/Next Steps:
x Question/comment on reasoning for pursuing November elections and a
recommendation to provide greater context for Priority development in the future.
x Request for voter turnout information. This work is underway.
x Question on xeriscape work and code changes. There is work underway to benchmark
and understand best practices for incentivizing xeriscape. Work session scheduled
October 11, 2022, to present proposed code changes.
x Overall support for the Mulberry Area Planning work presented.
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
fcgov.com
M E M O R A N D U M
TO: Mayor and City Councilmembers
FROM: Marcy Yoder, Sr. Manager, Neighborhood Services
Adam Stephens, Assistant City Attorney
THRU: Kelly DiMartino, Interim City Manager
Carrie Daggett, City Attorney
Kyle Stannert, Deputy City Manager
Caryn Champine, Director, Planning, Development and Transportation
Paul Sizemore, Director, Community Development and Neighborhood Services
DATE: January 14, 2022
RE: Review of Animal Cruelty Penalty Provisions
______________________________________________________________________________
This memo provides information about current penalties and enforcement issues related to
Council’s Safe Community Priority about more stringent penalties for animal cruelty and neglect.
BOTTOM LINE:
City Code violations for improper care or treatment of animals, maltreatment of performing
animals or killing or capturing of wild birds are misdemeanor offenses punishable by a fine
of $3,000, or by imprisonment not exceeding 180 days, or both. Under state law, the City
may increase the maximum fine to approximately $3,264 and the maximum term of
imprisonment to up to one year. (It would be extremely unusual for a municipal judge to
sentence someone to a year in jail unless they had a lengthy prior criminal history.) The
City cannot create felony offenses in the City Code.
Major cases of animal cruelty are infrequent but when discovered are typically filed as state
felony charges in Larimer County District Court. This is due to the mechanisms present
under state statutes for felony-level penalties and prepayment of impoundment fees prior
to disposition that the City Code does not currently provide.
NEXT STEPS:
Depending upon Council’s interest in specific issues and direction to staff, follow up steps might
include:
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January 14, 2022
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Evaluate whether the maximum fine for a violation of City Code should be increased from
$3,000 to approximately $3,264 and whether maximum imprisonment term should be
increased from 180 days to 365 days.
Consider amending City Code provision that permits impoundment of animals to require
prepayment of animal care costs during the pendency of impoundment proceedings (similar
to the state law requirement).
Evaluate and lobby for state law changes relative to felony-level animal cruelty penalty
provisions.
Consider whether it would be helpful to schedule a work session to discuss animal cruelty
cases and seek more background and legislative recommendations from the Larimer
Humane Society.
DISCUSSION:
The Larimer Humane Society (the “Humane Society”) provides contracted animal control and
protection services to the City and other municipalities in the region. Humane Society Animal
Protection and Control Officers are commissioned by the Chief of Police as Specially
Commissioned Officers of the City and are respo nsible for upholding local ordinances pertaining
to animals. Certain Humane Society Animal Protection and Control Officers are also
commissioned by the Colorado State Department of Agriculture as Bureau of Animal Protection
Agents, allowing for investigation and enforcement of animal cruelty violations under state law,
including felony-level violations.
According to the Humane Society, the term “animal cruelty” includes abandonment of a pet;
physical abuse; failure to provide food, water, shelter or veterinary care; improper tethering;
overworking an animal; fighting of animals; putting animals in a situation that causes distress (i.e.,
a hot car); or keeping an animal in unsanitary conditions.
The average number of animal welfare calls to the Humane Society from 2017 to 2021 was 361
calls per year. The Humane Society does not currently separate by jurisdiction whether calls are
substantiated or unfounded, so information specific to Fort Collins is not available.
Charged violations average 16 per year and account for 3% of the average reported animal welfare
calls. The majority of those charged violations were for “Improper Care” which includes
unsanitary conditions, failure to provide care, improper shelter, animals left in vehicles, but not
solely abandonment or improper tethering.
Approximately 97% of animal welfare concern complaints are resolved through education and
compliance, are found not to be valid, or are missing sufficient evidence or information to proceed.
Generally, the Humane Society attempts to utilize education to correct an animal welfare problem.
Citations result when that education and any compliance order are not met, or in a case where the
violation observed was determined by the investigating officer to require immediate issuance of a
citation. An example of this would be when an officer responds to a dog in a car report. The officer
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would educate the person but based on the circumstance, current outdoor temperature, condition
of the animal, status of the vehicle, etc., may issue a citation as well. Additionally, officers may
respond to a complaint for a specific welfare concern and find it invalid but identify something
else that would be a concern, i.e., a call for “no shelter and poor physical condition” where it is
determined that there is shelter and no issue with the animal's health, but the animal is found to be
improperly tethered and it is resolved on scene.
Major cases of animal cruelty are infrequent but when discovered are typically filed as state felony
charges in the Larimer County District Court due to the potential for felony-level penalties and the
mechanisms present under state statute for the prepayment of impoundment fees prior to
disposition that the City Code does not currently provide.
City Code Provisions Prohibiting Animal Cruelty
Fort Collins City Code Section 4-70 prohibits the improper care or treatment of animals, Section
4-74 prohibits the maltreatment of performing animals, and Section 4-157 restricts the killing or
capturing wild birds. Any person who violates these Code sections commits a misdemeanor
criminal offense and is subject to a penalty or imprisonment, the total of which is not to exceed
$3,000, and imprisonment not exceeding 180 days. The Code also permits the Municipal Court to
assess such additional costs to reimburse the City for costs incurred by the City in enforcing the
provisions of these Code sections if that enforcement required the use of an extraordinary number
of personnel, highly trained personnel, sophisticated equipment or nontraditional methods of
enforcement.
The City Code also authorizes the impoundment of animals found to be maltreated and restricts or
prohibits the reclamation of animals impounded on the basis of a violation of the Improper Care
or Treatment provision. It provides for a hearing by the City Manager to determine if a violation
has occurred and whether the animal should be returned to the owner, placed for adoption, or
euthanized by the Humane Society. Notably, prepayment to the Humane Society for care and
impoundment fees is not authorized or required by the City Code during the pendency of this
process and therefore impoundment is not typically sought under the City Code.
In 2021, 14 prosecutions for Improper Care or Treatment Prohibited (Section 4-70) were filed in
the Municipal Court. [See Table A, below]. Three were pending as of October 2021, five were
given deferred sentences based on successful completion of conditions, five pled guilty and fines
were suspended based on successful completion of conditions, and one was dismissed by the
prosecution. The dismissal was relative to plea negotiations and conviction for other charges. The
conditions imposed by the Municipal Court at sentencing included hours of Useful Community
Service, Animal Ordinance Classes, payment of restitution, no new criminal or animal violations,
Benchmark Animal Rehabilitation Curriculum (BARC) course attendance.
In 2020, there were five cases prosecuted for Improper Care or Treatment. Three resulted in guilty
pleas by the defendant and fines suspended upon successful completion of no new cases for one
year, one case resulted in a simple guilty plea by the defendant and one case was dismissed by the
prosecution. The dismissal was relative to plea negotiations and conviction for other charges.
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In 2019, there were 10 cases prosecuted for Improper Care or Treatment. Six of the cases resulted
in a guilty plea by the defendant and suspended fines upon successful completion of a condition
of no further violations for a time certain (typically one year); one defendant was given a deferred
sentence and dismissed after successful completion of a no new law violation condition; a bench
warrant was issued in one case as the defendant failed to appear at their initial arraignment ; and
two cases were dismissed by the prosecution. One of the dismissals was relative to a plea
agreement and premised on conviction of other charges, while the other was due to the defendant
surrendering the animal to the Humane Society.
Table A.
Year Pending
Disposition
Guilty Dismissed Failure to
Appear
Total Cases
2021 3 10 1 0 14
2020 0 4 1 0 5
2019 0 7 2 1 10
State Law prohibiting Animal Cruelty
State law (Colorado Revised Statutes (“CRS”) Section 18-9-202(1)(a)) prohibits cruelty to animals
and is a criminal misdemeanor unless there are statutorily defined aggravating circumstances or a
second or subsequent offense by the suspect.
For Class 1 misdemeanor offenses committed on or after March 1, 2022, the maximum
sentence will be 364 days imprisonment, not more than a one thousand dollar fine or both.
There is no minimum sentence for Class 1 misdemeanors after March 1, 2022.
In the event an animal cruelty charge is aggravated or a repeat offense, the penalties are raised to
a Class 6 or Class 5 felony:
CRS Section 18-1.3-401 (1)(a) (V.5)(A) provides that as to any person sentenced for a
Class 5 felony for an offense committed on or after July 1, 2020, the minimum sentence is
one year imprisonment, the maximum sentence three years imprisonment and one year
mandatory period of parole.
A Class 6 felony has a minimum sentence of one year imprisonment, a maximum sentence
of eighteen months imprisonment, and one-year mandatory period of parole.
In addition to the potential for imprisonment or parole outlined above, a sentencing court may also
order an offender to complete an anger management treatment program, a mental health treatment
program, or any other appropriate treatment program designed to address the underlying causative
factors for the violation and order the defendant to pay restitution for veterinarian bills and
replacement costs. For defendants convicted of an animal cruelty felony, the sentencing court
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must, subject to certain exceptions, also order 90 days imprisonment or home confinement, pay a
mandatory minimum fine of one thousand dollars, complete an anger management treatment
program or any other appropriate treatment program and enter an order prohibiting the defendant
from owning, possessing, or caring for a pet animal for a period of three to five years, unless the
defendant’s treatment provider makes a specific recommendation not to impose the ban and the
court agrees with the recommendation.
State law (CRS Section 18-9-202.5) also allows for animal care costs to be assessed to an owner
of an animal seized or impounded on the basis of a violation of the cruelty to animals statute. It
also provides for a hearing in a court to determine if probable cause exists for the
impoundment/seizure and if the assessed costs are reasonable. Failure of owners to prepay for the
care of seized animals during the court process results in the forfeiture of the animals to the
impounding agency.
According to Fort Collins Police Services records, there was one referral to the 8th Judicial District
Attorney’s Office for state charges for animal cruelty in 2021, three referrals in 2020, five referrals
in 2019 and four referrals in 2018.
Federal Law prohibiting Animal Cruelty
Federal law prohibits the recording and distribution of “animal crushing” videos, a particularly
heinous form of animal cruelty, and provides for imprisonment up to seven years. This federal law
defines “animal crushing” as actual conduct in which one or more living non-human mammals,
birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or
otherwise subjected to serious bodily injury. Federal law enforcement must be involved in any
action under this federal law, which would normally be prosecuted by the U.S. Attorney for the
District of Colorado.
pc: Jeff Swoboda, Chief of Police
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Date: May 19, 2020
To: Mayor and Council
RE: Council Priority – Outdoor Cats Additional Information
Following the May 10, 2022 work session, staff reached out to Larimer Humane Society (LHS)
to better understand their enforcement of cats off leash. The following is a summary:
LHS enforces all the animal ordinances in the City. Per Fort Collins code no animal is
allowed to be at large, including cats and they will pick up any cat which is in custody by
a member of the public and will accept any which are brought to the facility at any time of
the day or night.
If an owner of a cat roaming or causing problems is identified LHS will address any
identified violation with them using all the same processes and methods available for
dogs. They will enforce a violation if an owner or keeper has been identified and if the
complainant will cooperate, just as with any complaint. They regularly issue summons to
residents for cats being loose.
LHs does not respond to a cat which is simply loose or complaints when no person is
willing to file a formal complaint or appear in court and they cannot address issues for
which they are not the observing party and/or the impacted party.
There is a large population of feral cats, which has it's own set of logistics as f eral cats
have no person to address the situation with in most circumstances.
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