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HomeMy WebLinkAbout010 - 02/20/1979 - REPEALING AND RE-ENACTING CHAPTER 35 OF THE CITY CODE RELATING TO ANIMALS AND INSECTS ORDINANCE NO 10, 1979, BEING AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 35 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ANIMALS AND INSECTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Section l That Chapter 35 of the Code of the City of Fort Collins be, and the same hereby is, repealed and the same is re-enacted to read as follows ANIMALS, BIRDS AND INSECTS Chapter 35 ANIMALS, BIRDS AND INSECTS Article I General Provisions § 35-1 Definitions Article II Licensing § 35-2 License Required, Time for Application § 35-3 Registration § 35-4 License Tags, Duplicate Tags, Transfer § 35-5 Records § 35-6 Licensing Period, Expiration § 35-7 License Fees Article III Permits § 35-8 Quantity of Animals § 35-9 Reserved §35-10 Reserved §35-11 Reserved §35-12 Reserved §35-13 Reserved 0 5-14 Reserved Article IV Permit Issuance and Revocation §35-15 Reserved §35-16 Reserved §35-17 Reserved §35-18 Reserved §35-19 Reserved §35-20 Reserved Article V Rabies Control 635-21 Rabies Vaccination §35-22 Reportinq Animal Bites §35-23 Animals with Rabies Article VI Permits §35-24 Running At Large §35-25 Disturbance of Peace and Quiet §35-26 Control of Animals §35-27 Dogs and Cats in Heat §35-28 Vicious Animals Article VII Impoundment and Violation Notice §35-29 Impoundment b35-30 Unclaimed Animals §35-31 Notice of Impoundment §35-32 Release of Impounded Animals §35-33 Disposal of Unclaimed Animals Article VIII Animal Care §35-34 Treatment of Animals, Cruelty, Abandonment §35-35 Sales of Chickens and Ducklings b35-36 Animals as an Inducement Prohibited §35-37 Vehicular Accidents with Animals §35-38 Poisoning Prohibited §35-39 Removal of Dead Animals Required §35-40 Trapping of Animals §35-41 Pasture Area for Horses Article IX Animal Waste §35-42 Removal Required Article X Sterilization §35-43 Sterilization of Adopted Animals Article XI Keepinq of Wild Animals §35-44 Mild Animals as Pets or for Display §35-45 Permits for Infant Native Animals, Release Article XII Performing Animal Exhibitions §35-46 Maltreatment Prohibited §35-47 Equipment Article XIII Bees Declared a Nuisance and Prohibited §35-48 Keeping of Bees Prohibited Article XIV Wild BIrds §35-49 Declaration of City as Wild Bird Refuge §35-50 Abuse of Wild Birds Prohibited Article XV General Penalties §35-51 Violations, Penalties Article XVI Enforcement §35-52 Enforcement Personnel b35-53 Interference with Enforcement, Right of Entry §35-54 Capture of Animals by the City §35-55 Confiscation of Unauthorized Traps §35-56 Unprovoked Biting of Humans §35-57 Public Nuisance Fines -iv- IF ARTICLE I General Provisions §35-1 Definitions For the purposes of this Chapter, the following terms shall have the following definitions, unless the context indicates otherwise A Animal - Any live, vertebrate creature, domestic or wild B Animal Control Officer - Any person commissioned by the State of Colorado, county government or a municipal government as a law enforcement officer who is qualified to perform such duties under the laws, regulations, or ordi- nances, of the State, county, or municipality pertaining to animals C Animal Shelter - Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impound- ing or caring for animals held under the authority of this Chapter or state law D At Large - To be outside of a fence or other enclosure, whether on public or private property, which restrains the animals to a particular premises and not under the control , by leash or lead, of the owner or other authorized person capable of restraining the animal Animals tethered to a stationary object within range of a public street, sidewalk, alley or common path are deemed to be ' at large ' E Circus - A commercial variety show featuring animal acts for public entertainment F Commercial Animal Establishment - Any pet shop, grooming shop, auction , riding school or stable, zoological park, circus, performing animal exhibition, or kennel G Dwelling Unit - One ( 1 ) or more rooms and a single kitchen designed for or occupied as a unit by one (1 ) family for living and cooking purposes H Grooming Shop - A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed I Humane Officer - Any person designated by the State of Colorado, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state -2- J Leash/Lead - A thong, cord, rope, chain or similar device which holds an animal in restraint and which is not more than six (6) feet in length K Owner - Any person, partnership, or corporation in possession of, harboring, or who shall allow any animal to remain about their pre- mises for a period of three (3) consecutive days or more, the person named on the regis- tration record of any animal as the owner shall be deemed, prima facie, the owner thereof, but the term ' owner ' shall also include, but shall not be limited to, 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 registration record, or any person having control or purporting to have control over any animal which is running at large The parent or guardian of an owner under eighteen (18) years of age shall be deemed the owner, as defined herein L Performing Animal Exhibition - Any spectacle, display, act, or event other than circuses, in which performing animals are used M Pet Shop - Any person, partnership, or corpora- tion , whether operated separately or in connection with another business enterprise except for a licensed kennel , that buys, sells, or boards any species of animal N Public Nuisance - Any animal or animals which 1 molests passersby or passing vehicles, 2 attacks other animals, 3 trespasses on school grounds, 4 is at large, 5 damages private or public property, 6 barks , whines , howls , or makes any other noise in an excessive, continuous, or untimely fashion 0 Restraint - Any animal secured by a leash or lead under the physical control of a respon- sible person, or tethered to a stationary object not within range of a public street, sidewalk, alley or common path, or within a fence or other enclosure which restrains the animal to a particular premises P Trap - Any device used to contain or capture an animal -3- I Humane Trap - a device designed to capture or contain an animal without causing any injury to the animal , 2 Inhumane Trap - a device designed to capture or contain an animal which causes injury to the animal as the result of the trap's operation Q Veterinary Hospital - Any establishment main- tained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals R Vicious Animal - Any animal or animals that constitute a physical threat to human beings or other animals S Wild Animal - Any live ferret, fox, leopard, lion, lynx , monkey (non-human primate) , panther, poisonous snake, raccoon , skunk, tiger, or any other warmblooded animal which can normally be found in the wild state ARTICLE II Licensing §35-2 License Required, Time for Application A Any person owning, keeping, harboring, or having custody of any canine over three (3) months of age within this municipality must obtain a license as herein provided B Application for a license must be made within thirty (30) days after obtaining a dog over three (3) months of age, within thirty (30) days after such dog is brought into the municipality, or within thirty (30) days after such dog reaches three (3) months of age, except that this requirement will not apply to a non- resident keeping a dog within the municipality for no longer than sixty (60) days §35-3 Registration Written application for licenses shall be made to the Director of Finance Such application shall include the following information A The name, address and telephone number of the owner -4- i B The "call-name," breed, age, color and sex of the canine C The appropriate fee D A valid rabies vaccination certificate issued by a licensed veterinarian which shall include the following information (1 ) The name, address and telephone number of the owner of the vaccinated dog, (2) The date of vaccination, (3) The date of expiration of the vaccination, (4) The type of rabies vaccine used, (5) The year and number of the rabies taq, (6) The breed , age , color and sex of the vaccinated dog, and (7) The signature of the veterinarian adminis- tering the vaccine §35-4 License Tags, Duplicate Tags, Transfer A Upon acceptance of the license application and fee, the Director of Finance shall issue a durable tag stamped with an identifying number and year of issuance Tags should be designed so that they may be conveniently fashioned or riveted to the animal ' s collar or harness B Dogs must wear license tags on collars at all times, provided that, dogs which have been properly tattooed in the right groin area with an identification number, approved by the Director of Finance at the time the required license tag is issued, shall not be required to wear a license tag on a collar only when such dogs are restrained on the owner 's premises C A duplicate license may be obtained upon payment of a $1 00 replacement fee D No person may use any license for any animal other than the animal for which it was issued -5- §35-5 Records The Director of Finance shall maintain a record of the identifying numbers of all tags and tattoos issued and shall make this record available to the public §35-6 Licensing Period, Expiration A The licensing period shall begin with the calendar year and shall run for one (i ) year Application for a license may be made thirty (30) days prior to, and up to thirty (30) days after, the start of the calendar year, except for those animals which are acquired or brought into the municipality or reach the age of three (3) months, the application for license shall be made within thirty (30) days after such event B If not revoked, licenses for the keeping of dogs shall be for a period of up to one ( 1 ) year expiring on the 31st day of December of the year of issuance §35-7 License Fees A A license shall be issued after payment of the applicable fee 1 For dogs under one year of age $ 2 00/each/l year 2 For neutered/spayed dogs $ 2 00/each/l year 3 For all other dogs $10 00/each/1 year B Seeing-eye dogs, hearing dogs, or governmental police dogs shall be licensed without fee ARTICLE III Permits §35-8 Quantity of Animals Pets, such as dogs and cats, which are generally kept within a dwelling , are not permitted in quantities of more than four (4) adult animals per dwellina §35-9 - §35-14 (Reserved) -6- ARTICLE IV Permit Issuance and Revocation §35-15 - §35-20 (Reserved) ARTICLE V Rabies Control §35-21 Rabies Vaccination A All dogs three (3) months of age or older shall be vaccinated against rabies All dogs vacci- nated at three (3) months of age or older shall be revaccinated at one year of age and there- after at intervals recommended in the current Compendium of Animal Rabies Vaccines If any dog is found within the City without a current rabies vaccination tag or current license tag affixed to its collar or harness, the owner of such dog shall be presumed to have violated the provisions of this Article B All cats three (3) months of age or older shall be vaccinated against rabies All cats vacci- nated at three (3) months of age or older shall be revaccinated at one year of age and there- after at intervals recommended in the current Compendium of Animal Rabies Vaccines If any cat is found within the City without a current rabies vaccination tag affixed to its collar or harness, the owner of such cat shall be presumed to have violated the provisions of this Article §35-22 Reporting Animal Bites A Any person having knowledge that an animal , other than a rodent, rabbit, bird or reptile, has bitten a human shall immediately report the incident to the Animal Control Office or Police Department 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 by a leash, chain, or cage at the animal shelter or at a veterinary hos- pital of the owner' s choice, all at the expense of the owner of the animal During the ten (10) day observation period, no rabies vaccine shall be administered to the animal -7- C No animal held for observation on suspicion of rabies shall be released until the observation period is over, except that if the owner shows proof of current rabies vaccination, the animal may be released into quarantine at the owner's residence, at the discretion of the animal control officer D If any animal has been bitten by another animal suspected to have rabies, the owner of such animal so exposed to rabies shall report such fact to the Animal Control office, local humane society officer, health department, or police department The animal control officer shall have the power, in his discretion, to have the animal suspected of having rabies or of being exposed to rabies, removed from the owner' s premises to a veterinary hospital and there placed under observation for a period of up to six (6) months at the expense of the owner, provided that the owner may elect in lieu thereof to have such animal destroyed E If a standard incubation period has not been established by the Department of Health of the State of Colorado for the particular species of animal , it shall be summarily destroyed and if involved with another animal or human, a nec- ropsy shall be performed by a certified labora- tory to determine rabies contamination 635-23 Animals with Rabies If rabies has been ascertained in any animal , such animal shall be summarily destroyed ARTICLE VI Restraint §35-24 Running at Large All animals shall be kept under restraint, as defined herein It shall be unlawful for the owner of any animal to permit such animal to run at large within the municipality If an animal is found to be running at large within the munici- pality, the owner shall be presumed to have violated this Article, except that this subsection shall not apply during the controlled environment of a City operated or a City approved obedience school §35-25 Disturbance of Peace and Quiet No owner of an animal within the municipality shall permit such animal to disturb the peace and quiet of any family, individual , or neighborhood by barking, whining, howling, or making any other noise in an excessive, -8- continuous, or untimely fashion If any animal does so disturb the peace and quiet, its owner shall be deemed guilty of a violation of this Article, provided that no such owner shall be charged in Municipal Court with a violation of this subsection unless they or a member of their household over the age of eiahteen (18) years has received a warning from the municipality of a previous complaint, at least once within the preceding twelve (12) months b35-26 Control of Animals No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance §35-27 Dogs and Cats in Heat Every female dog or cat in heat shall be confined in a building or secured enclosure in such a manner that such female dog or cat can not come into contact with another animal , except for planned breeding §35-28 Vicious Animals Every vicious animal , as deter- mined by the Municipal Court, shall be securely muzzled or caged whenever outside a building or secure enclosure ARTICLE VII Impoundment and Violation Notice §35-29 Impoundment Unrestrained dogs, maltreated animals, and nuisance animals may be taken by police offi- cers, animal control officers, or humane officers and impounded in an animal shelter, or other appro- priate location, and there confined in a humane manner §35-30 Unclaimed Animals Unclaimed animals shall be kept for not less than five (5) days §35-31 Notice of Impoundment If, by valid license taq, the owner of an impounded animal can be identified, the animal control officer or humane officer shall immediately, upon impoundment, notify the owner by telephone or mail §35-32 Release of Impounded Animals A An owner reclaiming an impounded cat shall pay a fee of $10 00 plus a daily board fee as estab- lished by the Humane Society of Larimer County, subject to approval by the City Hanager B An owner reclaiming an impounded doq for the first time within a twelve (12) month period -9- shall pay a fee of $10 00 plus a daily board fee as established by the Humane Society of Larimer County, subject to approval by the City Manager C An owner reclaiming an impounded dog for each subsequent time within a twelve ( 12) month period shall pay a fee of $20 00 plus a daily board fee as established by the Humane Society of Larimer County, subject to approval by the City Manaqer D An owner reclaiming an impounded dog which is not validly licensed must license the dog and present evidence thereof to the person in charge of the animal shelter If the dog does not have the current rabies tag, the owner shall present a current rabies vaccination certificate for such dog duly issued by a licensed veteri- narian, or, in lieu thereof, the owner may place a cash deposit of $50 00 with the City to be refunded to the owner upon presenting, within five (5) days thereafter, proof of vaccination and license E An owner reclaiming an impounded cat which does not have the current rabies tag shall present a current rabies vaccination certificate for such cat duly issued by a licensed veterinarian, or in lieu thereof, the owner may place a cash deposit of $25 00 with the City to be refunded to the owner upon presenting, within five (5) days thereafter, proof of vaccination §35-33 Disposal of Unclaimed Animals Any animal not reclaimed by its owner within five (5) days shall become the property of the local government author- ity, or humane society, and shall be placed for adoption in a suitable home or humanely euthanized In disposing of unclaimed animals , it shall be lawful for the City to surrender them to any hos- pital or reputable institution of learning for use in research, provided the City Manager authorizes such action ARTICLE VIII Animal Care §35-34 Treatment of Animals, Cruelty, Abandonment A No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, -10- veterinary care when needed to prevent suffer- ing, and humane care and treatment B No person shall beat, cruelly ill treat, tor- ment, overload, overwork, or otherwise abuse or kill an animal , or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans C No owner of an animal shall abandon such animal §35-35 Sales of Chickens and Ducklings Chickens or ducklings younger than eight 8 weeks of age may not be sold in quantities of less than twenty-five (25) to a single purchaser §35-36 Animals as an Inducement Prohibited No person shall give away any live animal , fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade §35-37 Vehicular Accidents with Animals Any person who, as the operator of a vehicle, strikes a domestic animal , shall stop at once and shall immediately report such injury or death to the animal 's owner, in the event the owner can not be ascertained and located, the operator shall at once report the accident to the Animal Control Office or the local humane society §35-38 Poisoning Prohibited No person shall expose any known poisonous substance, whether mixed with food or not, so that same shall be liable to be eaten by any animal , provided that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances §35-39 Removal of Dead Animals Required If any animal shall die in the possession of any person in this municipality, it shall be the duty of such person to cause the same to be at once removed without the limits of the municipality and buried at a sanitary landfill In case the owner or person having charge of any such animal shall neglect or refuse to remove the same within ten (10) hours after it 's death, the Health Department or Police Department shall cause the same to be removed at the expense of such owner or person having charge of the same, such expense to -11- be recovered by civil action Whenever the owner or other person having charge of any dead animal can not be found or ascertained, it shall be the duty of the Animal Control Office to remove and have such animal buried §35-40 Trapping of Animals No person shall set, or cause to be set, an unauthorized or inhumane trap within the muncipality, except that rodent snap traps baited with vegetable or dairy products may be used on private property §35-41 Pasture Area for Horses Riding horses, for use of occupants of a lot and their guests, may be kept provided at least one-half ( 112) acre of pasture area is available for each horse ARTICLE IX Animal Waste §35-42 Removal Required The owner or any person having control or purporting to have control over any animal shall be responsible for the removal of any feces deposited by his animal (s) on public walks, recreation areas, or private property ARTICLE X Sterilization §35-43 Sterilization of Adopted Animals No unclaimed dog or cat shall be released for adoption without being sterilized, or without a written agreement from the adopter, guaranteeing that such animal be sterilized ARTICLE XI Keeping of Wild Animals §35-44 Wild Animals as Pets or for Display A No person shall keep or permit to be kept any wild animal as a pet B No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee This Section shall not be construed to apply to zoological parks, perform- ing animal exhibitions, or circuses §35-45 Permits for Infant Native Animals, Release -12- A The Animal Control Office may issue a temporary permit for the keeping, care, and protection of an infant animal native to this area which had been deemed to be homeless B The Animal Control Office shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival ARTICLE XII Performing Animal Exhibitions §35-46 Maltreatment Prohibited No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical , mechanical , electrical , or manual devices in a manner which will cause or is likely to cause physical injury or suffering U547 Equipment All equipment used on a performing animal shall fit properly and be in good working condition ARTICLE XIII Bees Declared a Nuisance and Prohibited §35-48 Keeping of Bees Prohibited The keeping of hives within the municipality is a menace to public health and safety of the inhabitants of the municipality and is hereby declared a nuisance and hereby de- clared prohibited ARTICLE XIV Wild Birds §35-49 Declaration of City as Wild Bird Refuge The area within the limits of the municipality is hereby made and constituted a bird santuary for the refuge of wild birds and all persons are urged to protect the wild birds and encourage their propagation and refuge within such santuary §35-50 Abuse of Wild Birds Prohibited It shall be unlaw- ful for any person at any time within the limits of the municipality to frighten, 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, egos, or young of any such birds provided that this Section shall not be construed to apply to English or European house -13- sparrows, or starlings, and provided further that the Chief of Police shall have authority to grant a permit for the killing or the capturing of pigeons or other birds when it is shown that the same are, or have become, a nuisance or health hazard in any particular location ARTICLE XV General Penalties §35-51 Violations, Penalties A It is a misdemeanor for any person to violate any of the provisions of this Chapter B Unless another penalty is expressly provided herein, every person found guilty of violating any provision of this Chapter may be punished by a fine of not more than THREE HUNDRED DOLLARS ($300 00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment ARTICLE XVI Enforcement §35-52 Enforcement Personnel The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority §35-53 Interference with Enforcement, Right of Entry A It shall be a violation of this Chapter to interfere with an animal control officer or a police officer, or to fail to obey the lawful order of an animal control officer or police officer B The animal control officers and police officers are hereby authorized to enter upon any pre- mises, excluding a dwelling unit, within the municipality for the purpose of impounding animals which he is authorized hereunder to impound or for any other purpose authorized in this Chapter §35-54 Capture of Animals by the City A It shall be lawful for the municipality to place or authorize the use of humane and safe traps for the purpose of capturing unrestrained -14- animals on any property in the municipality at the written request of the owner of such property B It shall be lawful for the municipality to capture nuisance, vicious, or dangerous animals utilizing a tranquilizer dart if all other means fail , or to destroy the animal if deemed neces- sary to avoid a physical threat to human beings §35-55 Confiscation of Unauthorized Traps A The use of unauthorized or inhumane traps within the municipality shall be prohibited B Unauthorized or inhumane traps reported or discovered in use within the municipality shall be confiscated and destroyed §35-56 Unprovoked Biting of Humans A If any animal is involved in the unprovoked biting of a human being for the first time, the animal may be barred from this municipality or destroyed, as directed by the Municipal Court B If any animal is involved in the unprovoked biting of a human being for the second time, the animal shall be barred from this municipality or destroyed, as directed by the Municipal Court §35-57 Public Nuisance Fines The owner of an animal found to be a public nuisance shall be assessed a minimum fine as follows 1 First Offense $ 25 00 2 Second Offense (within 12 months) $ 50 00 3 Third Offense (within 12 months) $100 00 Section 2 Conflicting Ordinances All other ordinances of the City of Fort Collins which are in conflict with this Ordinance are hereby repealed to the extent of such conflict Section 3 Severability Clause If any part of this Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance Introduced, considered favorably on first reading, and ordered pub- lished this 16th day of January, A D 1979 and to be presented for final passage on the 2otliday of Febrna A D 1979 ST Mayor City Clerk -15- w Passed and adopted on final reading this 20thday of February A D 1979 EST Playor City Clerk -16-