Loading...
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. 1 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, 2 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. 3 (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: 4 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. 5 (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. 6 (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; 7 (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. 8 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. 9 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. 10 (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: 1l 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. 12 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 13