HomeMy WebLinkAbout085 - 07/20/1993 - CREATING AN EXCEPTION TO CERTAIN PROVISIONS OF THE CITY PERTAINING TO THE USE OF POISON, TRAPPING OF EMERGENCY ORDINANCE NO. 85, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING AN EXCEPTION TO CERTAIN PROVISIONS OF THE
CITY CODE PERTAINING TO THE USE OF POISON, THE ,
TRAPPING OF ANIMALS AND THE DISCHARGING OF WEAPONS
WHEREAS, Section 4-119 and Section 4-120 of the City Gzprohibit the use
of poisonous substances and inhumane traps for the purpose of capturing or
disposing of wild or domestic animals in the City; and
WHEREAS, Section 17-101 of the City Code prod ibits the discharging of
firearms or other weapons in the City, with certain/limited exceptions; and
WHEREAS, the foregoing provisions of the City Code are generally reasonable
and necessary to prevent the cruel treatment of/animals and to avoid injury to
persons or property; and
WHEREAS, under certain unusual circum�tances, the presence of wild or
domestic animals may constitute a seriouthreat to the security of persons or
property; and
WHEREAS, under these circumstance, the foregoing provisions of the Code
may interfere with the City's ability/to expeditiously and effectively protect
the health, safety and welfare of/ity
inhabitants; and
WHEREAS, a task force of staff has been formed to review the
application of the foregoing provisions of the Code in such circumstances and to
make recommendations to the City Council with regard thereto; and
WHEREAS, in the interim,/the Council believes that it is necessary to allow
for greater flexibility in determining the means which may be undertaken to
address emergency situations involving the presence of certain animals within the
City, such as skunks, prairie dogs, venomous snakes and others, when the presence
of such animals may present an imminent threat of bodily injury or serious
property damage; and
WHEREAS, Article II, Section 6, of the City Charter allows the City Council
to pass an emergency,/ordinance on first reading upon the affirmative vote of at
least five members .of the City Council .
NOW, THER 'ORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the foregoing concerns are hereby determined by the
Council to/constitute an emergency within the meaning of Article II, Section 6,
of the City Charter, and, therefore, this Ordinance shall be immediately
effect'.4e upon its passage on first reading.
Section 2. That the Council hereby finds and determines that it is
n essary in the interests of the health, safety and welfare of the City to
establish the following exception to the application of Sections 4-119, 4-120 and
17-101 of the City Code:
5-t�&4 -f-0
In the event that the presence of a wild or domestic animal within
the City creates an imminent threat of injury to persons or serious
damage to property, the Chief of Police, in consultation with the
Humane Society, may authorize the capture and disposition of said
animal by such means as he or she may consider reasonably necessary;
provided, however, that no firearm may be utilized in the capture or
disposition of such animal except by a peace officer trained in the
use of the same under such circumstances as will not, in the
judgment of said peace officer, unreasonably endanger the safety of
others.
Section 3. That the provisions of this Ordinance shall remain in effect
until subsequently modified by the Council by ordinance or December 31, 1993,
whichever first occurs.
Introduced, considered favorably by members of the Council of the
City of Fort Collins and finally passed as an emergency Ordinance and ordered
published this 20th day of July, A.D. , 1993.
ATTEST: Mayor
City Clerk
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