HomeMy WebLinkAbout119 - 10/20/2020 - AMENDING SECTION 4-94 OF CITY CODE REGARDING ANIMAL DISTURBANCE OF PEACE AND QUIET 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:
-1-
(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 da of October, A.D. 2020.
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Passed and adopted on final reading on this a of October, A.D. 2020.
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