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HomeMy WebLinkAbout073 - 05/18/2004 - AMENDING THE CITY CODE PERTAINING TO THE DISTURBANCE OF PEACE AND QUIET ORDINANCE NO. 073, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4-94 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE DISTURBANCE OF PEACE AND QUIET WHEREAS,Section 4-94 of the City Code prohibits the owner or keeper of an animal from permitting 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; and WHEREAS, such Section further provides that no such owner or keeper shall be charged with a violation thereof unless they or a member of their household over the age of 18 years has received a warning from the City of a previous complaint at least once within the preceding 12 months; and WHEREAS,City staff has recommended that this mandatory warning provision be removed from this Section so that,in aggravated situations or in the case of repeat offenders,citations can be issued for violation thereof even if no warning has been issued to the owner or keeper of such animal within the preceding twelve (12) months; and WHEREAS, the City Council agrees that, in order to better enforce the provisions of this Section of the Code, the recommended amendment should be made by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4-94 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 4-94. Animal disturbance of peace and quiet prohibited. No owner or keeper of an animal shall permit such animal to make unreasonable noise or 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. For purposes of this Section, unreasonable noise shall mean any sound of such level and duration as to be,or tend to be,injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property. No person shall be deemed guilty of a violation of this Section unless the investigation of such violation was undertaken by the City because of a citizen complaint Introduced and considered favorably on first reading and ordered published this 4th day of May, A.D. 2004, and to be presented for final passage on the 18th day of May, A.D. 2004. �a�yor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 2004. Mayor ATTEST: City Clerk