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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 2