HomeMy WebLinkAbout060 - 05/16/1995 - AMENDING CITY CODE PERTAINING TO ANIMALS ORDINANCE NO. 60, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER FOUR OF THE CODE OF THE CITY OF
FORT COLLINS PERTAINING TO ANIMALS
WHEREAS, Articles I and II of Chapter 4 of the City Code contain various provisions
relating to the treatment of animals within the City limits; and
WHEREAS, contacts between the citizens of the City and animals, both domestic and wild,
are becoming more frequent as the City grows; and
WHEREAS, the provisions of the Code dealing with animal control need to be revised to
reflect current community needs; and
WHEREAS, a Task Team of City staff and employees of the Humane Society has prepared
proposed revisions to the foregoing Sections of the Code; and
WHEREAS, opportunities have been provided for individual members of the public, as well
as other public entities, to review and comment on the proposed revisions; and
WHEREAS, the City Council believes it to be in the best interests of the City to adopt the
revisions recommended by the Task Team.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 4-1 of the Code of the City be amended to read as follows:
Sec. 4-1 Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section:
Animal shall mean any live, vertebrate creature, domestic or wild, excluding fish.
Animal control officer shall mean any person commissioned by the Chief of Police
as a special officer who is qualified to perform animal control duties and enforce the
laws of the city pertaining to animals.
Animal shelter shall mean any facility operated by a humane society or the city for
the purpose of impounding or caring for animals held under the authority of the laws,
regulations or ordinances of the state, county, or city.
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At large shall mean outside of a fence or other enclosure which restrains the animal
to a particular premises, whether on public or private property, and not under the
control, by leash or lead, of the owner or keeper. Animals tethered to a stationary
object within reach of a street,sidewalk, alley,trail or other public access are deemed
to be "at large."
Dwelling unit shall mean one (1) or more rooms and a single kitchen designed for
or occupied as a unit by one (1) family or individual for living and cooking purposes.
Humane society shall mean the Humane Society for Larimer County, Inc., Fort
Collins, Colorado.
Keeper shall mean a person who has custodial or supervisory authority or control
over an animal.
Leash or lead shall mean a thong, cord, rope, chain or similar device which holds
an animal in restraint .
Live trap shall mean a box style trap made of caging material designed for the live
capture of animals.
Owner shall mean any person having control or purporting to have control over any
animal, the person named on the licensing records of any animal as the owner, the
occupant of the premises where the animal is usually kept if such premises are other
than the premises of the owner as shown on the licensing record, or any person in
possession of, harboring or allowing any animal to remain about their premises for
a period of five (5) consecutive days or more. The parent or guardian of an owner
under eighteen (18) years of age shall be deemed the owner, as defined herein. If an
animal has more than one (1) owner, all such persons are jointly and severally liable
for the acts or omissions of an owner under this Chapter even if the animal was in the
possession of or under the control of a keeper at the time of the offense.
Performing animal exhibition shall mean any spectacle, display, act or event,
including circuses, in which animals are featured for entertainment.
Pet animal shall mean any animal that has been bred and/or raised to live in or
about the habitation of humans and is dependent on people for food and shelter.
Police officer shall mean any member of the Office of Police Services of the city or
the Colorado State University Police Department commissioned as a peace officer.
Restraint shall mean: (1) secured by a leash or lead under the physical control of
a responsible person, (2) tethered to a stationary object not within reach of a street,
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sidewalk, alley, trail or other public access or (3) within a fence or other enclosure
which limits the animal to a particular premises.
Shelter shall mean a structure or environment, adequate to the species of pet animal, which
provides protection from adverse weather conditions.
Trap shall mean any mechanical device, snare, deadfall, pit, or other device used
for capturing, holding or killing an animal.
Section 2. That Sections 4-31 through 4-36 of the Code of the City are hereby amended to
read as follows:
DIVISION 2. PET LICENSES
See. 4-31. License required.
(a) The owner or keeper of any dog or cat kept within the city shall secure from the
city or the humane society, within fourteen (14) days of acquiring possession of said
dog or cat, a license for the keeping of the same, which license shall at all times be
kept current by said owner or keeper. It is a defense to a charge of violating this
Section that:
(1) The owner or keeper of the dog or cat had not yet lived in the city for
thirty (30) days; or
(2) The dog or cat was four (4) months of age or less.
(b) if ownership or possession of a dog or cat licensed under this Chapter changes,
the new owner or keeper shall, before taking possession of the dog or cat, obtain a
new license upon presenting the old license, if available, demonstrating compliance
with the vaccination requirement and paying the fee prescribed by §4-36.
(c) This Section shall not apply to facilities licensed under Section 35-80-101
through 117, CHRIS
See. 4-32. Application.
(a) The applicant for a license under this Chapter shall apply on forms furnished
by the licensing agency for the city and shall pay the fee prescribed by § 4-36.
(b) The applicant shall provide satisfactory evidence that the dog or cat has been
vaccinated against rabies as required by § 4-51.
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(c) The applicant shall apply for a renewal license each year .
Sec. 4-33. Term of license.
The initial license issued under this chapter shall be valid for one (1) year from the
month of purchase. A renewal license shall validate the license for one (1) year from
the previous date of expiration.
Sec. 4-34. License tags.
(a) No person who owns or keeps a dog or cat within the city shall fail to ensure
that such dog or cat at all times wears a collar or harness made of a durable material
to which is attached the appropriate license tag or identification tag required by this
Division.
(b) No person shall use any license or tag for any dog or cat other than the dog
or cat for which it was issued.
(c) If a license tag is lost or destroyed, the license holder may obtain a duplicate
tag from the city or the humane society upon payment of a replacement fee.
(d) Every dog or cat whose age is such that it is not required by this Chapter to be
licensed shall bear an identification tag setting forth the name and address of its
owner or keeper.
(e) This Section shall not apply to facilities licensed under Section 35-80-101
through 117, CHRIS
Sec. 4-35. Licensing records.
The Humane Society shall maintain a record of all licenses and tags issued and
may designate a place at which duplicate, originals of those records shall be
maintained.
Sec. 4-36. License fees; waiver.
(b) The license fee shall be waived when the application is for a guide dog or
service dog for a totally or partially blind, totally or partially deaf or otherwise
physically disabled person .
Section 3. That Sections 4-51 and 4-52 of the Code of the City are hereby amended to read
as follows:
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DIVISION 3. RABIES CONTROL
Sec. 4-51. Rabies vaccination required.
(a) No owner or keeper of a dog or cat over four (4) months of age shall fail to
have such dog or cat vaccinated against rabies when the dog or cat becomes four(4)
months of age and again within twelve (12) months of the date of such initial
vaccination. Thereafter, no such person shall fail to have the dog or cat vaccinated
at intervals recommended by the veterinarian. If any dog or cat is found in the city
without a current rabies vaccination tag affixed to its collar or harness, the owner of
such dog or cat shall be presumed to have violated this Section.
(b) The inoculation required in this Section shall be made by a person legally
authorized to do so as designated by the county Health Department.
(c) Rabies inoculation requirements for species other than dogs or cats shall be in
accordance with the current Compendium of Animal Rabies Control published yearly
by the National Association of State Public Health Veterinarians, Inc.
Sec. 4-52. Reporting animal bites; confinement.
(b) If any animal is suspected of having rabies or if any animal has bitten a person
and such animal has not had a current vaccination, such animal shall be confined for
a period of at least ten (10) days from the date of the bite at the animal shelter or at
a veterinary hospital of the owner's choice, at the expense of the owner of the animal.
During the ten-day observation period, no rabies vaccine shall be administered to the
animal.
(c) No animal held for observation on suspicion of rabies shall be released until the
observation period is over, except as follows:
(1) If the owner shows proof of current rabies vaccination, the animal
may be released into rabies confinement at the owner's residence, at
the discretion of the animal control officer; or
(2) If the victim of the bite and the owner request that the rabies
confinement be at the owner's residence and the victim agrees in
writing to hold the city and the humane society harmless from
liability for releasing the animal to the owner, the animal may be
released into rabies confinement at the owner's residence, at the
discretion of the animal control officer.
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(d) For the purposes of this Section, rabies confinement at owner's residence shall
mean that the animal is kept inside a secure building where no contact with animals
or persons outside the owner's family can occur for a ten day period. During such
period of confinement, the animal must not be let out to relieve itself without being
on a leash and handled by a person capable of physically restraining the animal. If
such animal is otherwise found outside the owner's residence during the confinement
period, it shall be taken and confined at the animal shelter or at a veterinary hospital
of the owner's choice, at the expense of the owner, for the remainder of the
confinement period.
(e) If any animal has been bitten by another animal suspected to have rabies, the
owner of such animal exposed to rabies shall report such fact to an animal control
officer. The animal control officer shall have the power, in the officer's discretion,
to have the animal suspected of having rabies or of being exposed to rabies removed
from the owner's residence to a veterinary office or hospital and placed under
observation for a period of up to six (6)months at the expense of the owner,provided
that the owner may elect to have such animal destroyed in lieu thereof.
(I) Notwithstanding the above, if a standard incubation period has not been
established by the state Department of Health for the particular species of animal
which was bitten, it shall be summarily destroyed. If the animal has been in contact
with another animal or human, a necropsy shall be performed by a certified
laboratory to determine rabies contamination.
Section 4. That Sections 4-70 and 4-71 of the Code of the City are hereby amended to read
as follows:
DIVISION 4. CARE AND TREATMENT OF ANIMALS
Sec. 4-70. Improper care or treatment prohibited.
(a) No owner or keeper of an animal shall fail to provide that animal with
sufficient good and wholesome food and water, proper shelter and protection from
the weather, veterinary care, when necessary, and such other care as is customary and
necessary for the animal's health and well-being, considering the species, breed and
type of animal.
(b) No person shall beat,cruelly ill-treat, torment, overload, overwork, otherwise
abuse or needlessly kill an animal or cause, instigate or permit any dogfight,
cockfight, bullfight or other combat between animals or between animals and
humans, nor shall any person transport or confine an animal in or upon any vehicle
in-a-cruel-or-reckless manner.
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(c) No owner of an animal shall abandon such animal.
Sec. 4-71. Removal of animal waste required.
The owner or keeper of any animal shall be responsible for the immediate removal
of any feces deposited by such animal on any property, public or private, not owned
or exclusively occupied by the owner or keeper. The owner or keeper of any animal
shall also be responsible for the periodic removal of feces deposited by such animal
on property owned or exclusively occupied by such owner or keeper so as to prevent
the creation of a public nuisance within the meaning of Section 4-95.
Sec. 4-72. Minimum size of pasture area for horses or ponies.
Horses or ponies may be kept for the use of occupants of a lot and their guests
provided that at least one-half('/2) acre of pasture area is available for each horse or
pony.
Section 5. That Section 4-73, is hereby amended so as to read in its entirety as follows:
Sec. 4-73. Limitation on possession and feeding of wild or exotic animals.
(a) No person shall own, or feed any animal for which a state license is required
unless such person possesses the appropriate license from the state Division of
Wildlife.
(b) No person shall keep any wild or exotic animal within the city unless such
possession is authorized by federal or state law. Notwithstanding the foregoing, in
no event shall any person keep or feed the following within the city:
(1) Bears;
(2) Any species of feline other than ordinary domesticated house cats;
(3) Skunks;
(4) Poisonous or venomous amphibians or reptiles;
(5) Raccoons, except as permitted under a state wildlife rehabilitation
license;
(6) Deer;
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(7) Any species of nonhuman primate, but excluding animals imported
under authority of state or federal law; and
(8) Wild geese or ducks, except as permitted under a state wildlife
rehabilitation license.
(c) For the purpose of this Section, to feed shall mean all provision of edible or
drinkable material, including without limitation bones, salt licks and water.
(d) It shall be a defense to a charge of violating this Section that a person holds a
valid city circus, menagerie or carnival license under §15-291 or that a person is
feeding only squirrels or birds, other than wild ducks or geese.
(e) No person shall be subject to prosecution under Subsection 4-73(b)(8) above
unless, within one (1) year immediately preceding the date of the alleged violation,
such person has been issued a written warning stating that the feeding of wild geese
or ducks at the same approximate location of the alleged offense has been determined
by the City's Department of Natural Resources to constitute a public health and
safety concern and that such feeding is prohibited by the provisions of said
subsection.
Section 6. That Sections 4-75 and 4-76 of the Code of the City are hereby amended to read
as follows:
Sec. 4-75 Vehicular accidents with animals; duties.
Any operator of a vehicle whose vehicle strikes a domestic animal shall stop at
once and immediately report any injury or death to the animal's owner. If the owner
cannot be ascertained and located,the operator shall at once report the accident to the
humane society or police services.
Sec._4-7(L_Remaval_af dead_animalsre"ired._
If any animal dies in the possession of any person in the city, it shall be the duty of
such person to cause the animal to be at once removed from the city and buried at a
sanitary landfill or cremated. In case the owner or keeper of any such animal shall
neglect or refuse to remove the same within ten (10) hours after its death, the city
may cause the animal to be removed at the expense of such owner or keeper.
Whenever the owner or keeper of any dead animal cannot be found or ascertained,
it shall be the duty of an animal control officer to remove and have such animal
buried or cremated.
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Section 7. That Sections 4-93 and 4-94 of the Code of the City are hereby amended to read
as follows:
DIVISION 5. CONTROL OF ANIMALS
Sec. 4-93. Animals at large prohibited.
(a) All pet animals, except birds, shall be kept under restraint. It shall be unlawful
for the owner or keeper of any pet animal, except birds, to permit such animal to be
at large in the city. Police dogs on duty or in training shall be exempt from this
provision.
(b) All pet birds within the City shall be kept under physical control at all times.
For the purposes of this subsection,physical control shall not require the use of a
leash, lead or tether, but shall require that the owner or keeper of said pet bird be able
to immediately control the bird, physically or verbally, so that the bird does not
present a threat to the safety of persons or property.
(c) All female animals in heat shall be kept inside a building or within a fence or
other enclosure which limits the animal to a particular premises, so that the animal
cannot come into contact with a male animal except for a planned breeding. When
allowed outside to relieve itself, said animal shall be under the observation of the
owner or keeper.
(d) Doves and pigeons kept as pets shall be exempt from the provisions of this
Division.
Sec 4-94.- Disturbance of peace and quiet prohibited.-
No owner or keeper of an animal shall permit such animal to 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. If any animal disturbs
the peace and quiet, its owner or keeper shall be deemed guilty of a violation of this
Section, provided that, no such owner or keeper shall be charged with a violation of
this Section unless they or a member of their household over the age of eighteen (18)
years has received a warning from the city of a previous complaint at least once
within the preceding twelve (12) months.
Section 8. That Section 4-116 of the Code of the City is hereby amended to read as follows:
DIVISION 6. RESTRICTIONS
Sec. 4-116. Quantity of pet animals restricted.
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In no event shall any person keep at his or her premises more pet animals than can
be properly maintained in a healthy condition without presenting a health or safety
hazard to the owners, keeper or others and without constituting a nuisance to the
occupants of neighboring properties.
Section 9. That Sections 4-1 18 through 4-120 of the Code of the City are hereby amended
to read as follows:
Sec. 4-118. Use of animals as inducement prohibited.
No person shall give away any animal as a prize for or as an inducement to enter
any contest, game or other competition or as inducement to enter a place of
amusement, for the purpose of attracting trade or offer any animal as an incentive to
enter into any business agreement . The provisions of this Section shall not apply to
facilities licensed under Section 35-80-101 through 117, C.R.S.
Sec. 4-119. Use of poison restricted.
No person shall poison any animal or distribute poison in any manner with the
intent to poison any animal,except that mice, rats or any rodents other than hamsters,
guinea pigs and squirrels may be poisoned by the use of a poisonous substance
approved for such use by the United States Environmental Protection Agency. This
prohibition shall not apply to persons regularly engaged in the business of fumigation
or pest extermination and licensed by the State of Colorado; provided, however, that
such persons may use only fumigants to destroy prairie dogs or other burrowing
rodents.
Sec. 4-120. Trapping restricted.
(a) No person shall use, set,place, maintain or tend any trap in the city,except that
live traps may be set for the purpose of: (1) trapping animals which are at large in
violation of this chapter, so long as any animals trapped are turned over to the
Humane Society as soon as possible upon discovery, or (2) trapping wild animals
including but not limited to skunks, squirrels, raccoons and prairie dogs, provided
that any animals trapped are released or disposed of in the manner required by the
Humane Society and the Division of Wildlife. Any traps found in violation of this
subsection shall be confiscated and destroyed by an Animal Control Officer or Peace
Officer.
(b) Notwithstanding the provisions of subparagraph (a) above, rodent snap traps
baited with vegetable or dairy products may be used on private property for the
purpose of catching rats or mice.
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(c) 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, after consultation with the Humane Society and, in the case of a
wild animal, the Colorado Division of Wildlife, 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 10. That Section 4-139(2) of the Code of the City is hereby amended to read as
follows:
DIVISION 7. IMPOUNDMENT AND RECLAMATION
Sec. 4-139. Reclamation of certain animals restricted or prohibited.
(2) If an animal was impounded on the basis of a violation of any provision of§
4-70, § 4-74 or § 4-116,then the notice required by § 4-137 shall include a statement,
in writing,that the animal will be disposed of if the owner or keeper does not request
a hearing with the City Manager within ten (10) days of the date of the notice. If a
hearing is requested, the City Manager shall schedule it to occur within five (5) city
business days and shall give notice of the same to the person requesting the hearing.
If, at the conclusion of the hearing, the City Manager determines that the animal was
being kept in violation of any provision of § 4-70, § 4-74 or § 4-116, the City
Manager may order the animal disposed of in the manner provided in §4-141 and not
returned to its owner or keeper. Alternatively, if the City Manager determines that,
due to changed circumstances, the animal's health and the public health, safety and
welfare will not be endangered thereby, the City Manager may order the animal
returned to its owner or keeper upon payment of impoundment, boarding or
veterinary fees and any other expenses incurred by the city or the animal shelter in
connection with the impoundment of the animal and its subsequent care if the City
Manager determines that, due to changed circumstances, the animal's health and the
public health, safety and welfare will not be endangered thereby. If the City Manager
determines that the animal was wrongfully impounded, the City Manager shall order
the animal returned without payment of such fees or expenses. If no hearing is
requested, the City Manager may order the animal disposed of in the manner
provided in § 4-141.
Section 11. That Sections 4-140(b) and (c) of the Code of the City are hereby amended to
read as follows:
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Sec. 4-140. Reclaiming fees.
(b) An owner or keeper reclaiming an impounded animal which is not validly
licensed as required by this Chapter must license the animal and present evidence
thereof to the animal shelter prior to reclaiming the animal. If the animal does not
have a current rabies tag, the owner or keeper shall present a current rabies
vaccination certificate for such animal issued by a licensed veterinarian prior to
reclaiming the animal. If the owner or keeper cannot provide current rabies and/or
licensure the owner may place a cash deposit of fifty dollars ($50.) with the animal
shelter, to be refunded upon presenting, within seven (7) days thereafter, proof of
current rabies vaccination and license. If proof of current rabies vaccination and
licensure is not provided within said seven (7) days, the deposit shall be forfeited and
shall become the property of the animal shelter.
Section 12. That Section 4-157 of the Code of the City is hereby amended to read as follows:
DIVISION 8. WILD BIRDS
Sec. 4-157. Killing or capturing wild birds restricted.
It shall be unlawful for any person at any time in the city to , shoot at, wound, kill,
capture, ensnare, net, trap, or in any other manner molest or injure any wild bird or
in any manner molest or injure the nest, eggs or young of any such bird. . The Chief
of Police shall have authority to grant or deny a permit for the killing, capturing or
mVieslationofnuisance birds with the consent or approval of the state Division of
Wildlife when it is shown that the birds are, or may become, a nuisance or health
hazard in any particular location in the city. The permit shall be granted or denied
within five (5) working days of the date the request is made.
Section 13. That Section 4-177 of the Code of the City is hereby amended to read as follows:
DIVISION 9. ENFORCEMENT
Sec. 4-177. Interference with animal control officers prohibited.
No person shall knowingly interfere with, impede or obstruct any animal control
officer who is attempting to discharge or is in the course of discharging an official
duty, nor shall any person fail to obey the lawful order of an animal control officer.
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Introduced, considered favorable on first reading, and orde bushed in summary form
this-Znd-day of May; AD; 1995; and to'oe presented for final 'sage o -the-'I day of Vay A' `,
1995.
IVTayo—r �
ATTEST:
4",
City Clerk
Passed and adopted on final reading this 16th day ay, AD 995.
ayor
ATTEST:
�64
City Clerk
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