HomeMy WebLinkAbout022 - 02/19/2013 - MAKING CERTAIN AMENDMENTS TO CHAPTER 4, ARTICLE II, OF THE CITY CODE ORDINANCE NO. 022, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING CERTAIN AMENDMENTS TO CHAPTER 4, ARTICLE II,
OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS,over the years,animal control officers have had recurring problems with people
leaving animals unattended in their vehicles during periods of extreme heat; and
WHEREAS, leaving an animal unattended in a parked vehicle on a hot day can result in
irreversible organ damage, heat exhaustion, a heat stroke or death; and
WHEREAS,there is not currently a provision in the City Code that adequately addresses this
situation; and
WHEREAS, City staff recommends adopting a specific provision that prohibits the
confinement of an animal within a parked vehicle when the outside temperature is eighty degrees
Fahrenheit or greater; and
WHEREAS, City staff has also identified some other amendments that should be made to
Chapter 4, Article II of the Code, including clarifying Sections 4-34 and 4-51 related to license tags
and rabies vaccinations, and amending Section 4-157 related to killing or capturing wild birds; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve the above recommended amendments to the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 4-34 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-34. License tags.
(a) Any person who owns or keeps a dog or cat within the City shall 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.
Section 2. That Section 4-51(a)of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-51. Rabies vaccination required.
(a) Any person who owns or keeps a dog or cat within the City over four (4)
months of age shall 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, and shall continue to have the dog or cat vaccinated at
intervals recommended by the veterinarian.Any person who owns or keeps a dog or
cat within the city shall ensure that such dog or cat at all times has a current rabies
vaccination tag affixed to its collar or harness.
Section 3. That Section 4-70 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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 leave any animal unattended within a parked vehicle so as to
place the animal in danger of suffering heat exhaustion, heat stroke or death.
Authorized personnel may make a prima facie determination as to whether the animal
is in danger of suffering heat exhaustion, heat stroke or death, which determination
may be based upon, but not limited to, a consideration of the following factors:
(1) external ambient temperature is 80 (eighty) degrees Fahrenheit or greater;
(2) temperature inside the car is 100(one-hundred)degrees Fahrenheit or greater;
(3) the time of day;
(4) position of window(s) allows for sufficient cross-ventilation;
(5) the amount of shade covering the vehicle;
(6) the age of the animal;
(7) the breed of the animal;
(8) the overall condition of the animal; and
(9) any other factors tending to show the severity of the situation.
(c) 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 such manner as to endanger the animal's health or life.
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(d) No owner of an animal shall abandon such animal.
(e) No person shall restrain or permit an animal to be improperly tethered. For
purposes of this Section, improper tethering shall mean use of a fixed point chain or
tether in a manner that is likely to cause bodily injury to the animal or endanger the
health or safety of other animals or people. An animal control officer is empowered
to make a prima facie determination as to whether tethering is improper, which
determination may be based upon, but is not limited to, the consideration of the
following factors:
Section 4. That Section 4-1 57 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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 damage a nest with eggs, or injure the young of any such
bird. The Chief of Police shall have authority to grant or deny a permit for the killing,
capturing or molestation of nuisance birds with the consent or approval of the
Colorado Division of Parks and 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.
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2013, and to be presented for final passage on the 19th day of February,A.D. 2013.
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Passed and adopted on final reading on the 19th day of February, A.D. 2013.
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