HomeMy WebLinkAbout138 - 01/05/2010 - AMENDING SECTION 4 OF THE CITY CODE RELATING TO ANIMALS, PARTICULARLY DOGS ORDINANCE NO. 138, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 4 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO ANIMALS, PARTICULARLY DOGS
WHEREAS, Chapter 4, Division 5 of the City Code, dealing with the control of animals,
includes provisions dealing with animals at large, animals that constitute a public nuisance, and
vicious animals (the "Current Code Provisions"); and
WHEREAS, the population increase in the City has been accompanied by a corresponding
increase in the number of pet animals, some of which have demonstrated behaviors that fall into the
foregoing categories; and
WHEREAS, the main purposes of animal ordinances are to keep people and animals
cohabitating safely and to promote the humane treatment of animals; and
WHEREAS,the Current Code Provisions are broadly worded and open to interpretation and,
upon enforcement,have sometimes led to confusion and frustration among victims, defendants and
enforcement agencies; and
WHEREAS, under the Current Code Provisions, if a person is found guilty of owning a
vicious animal,the Municipal Judge has are only two options: euthanasia or banning from the City;
and
WHEREAS,City staff,working with the Larimer County Humane Society has recommended
certain amendments to the Current Code Provisions that are intended to better identify and define
behaviors associated with dangerous and vicious animals and specify more appropriate alternatives
for dealing with such animals; and
WHEREAS,the City Council believes that adoption of these proposed amendments would
help ensure the humane treatment of animals and protect the health, safety and welfare of the
community by placing greater responsibility and accountability on animal owners for the care and
supervision of their animals and by providing improved alternatives for the care and disposition of
animals that demonstrate dangerous or vicious behavior.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the recitals contained in this Ordinance are hereby adopted and
incorporated herein as findings of fact of the City Council.
Section 2. That Section 4-1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Bodily injury" which reads in its entirety as follows:
Bodily injury shall mean physical pain,illness,or any impairment of physical
or mental condition.
Section 3. That Section 4-1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Dangerous animal" which reads in its entirety as follows:
Dangerous animal is any animal which has:
(1) attacked or bitten a person and thereby caused bodily injury to such
person; or
(2) attacked or bitten another pet animal and thereby killed or caused
serious bodily injury to such animal; or
(3) chased, confronted or approached a person on a street, sidewalk or
other property not the property of the owner, in a menacing fashion
such as would put a reasonable person in fear of attack; or
(4) exhibited a propensity,tendency or disposition to attack,cause injury
or threaten the safety of persons or other animals without
provocation; or
(5) acted in a manner that causes or should cause its owner to know that
it is potentially vicious.
Section 4. That Section 4-1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Serious bodily injury" which reads in its entirety as follows:
Serious bodily injury shall mean bodily injury which,either at the time of the
actual injury or at a later time, involves a break or fracture of one(1)or more bones
of the body of the victim, or a substantial risk of death or serious permanent
disfigurement, or a substantial risk of protracted loss or impairment of the function
of any part or organ of the body.
Section 5. That Section 4.1 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Vicious animal"which reads in its entirety as follows:
Vicious animal shall mean any animal which has:
(1) attacked or bitten a person and thereby caused death or serious bodily
injury to such person;
(2) on two (2) or more occasions, attacked or bitten a person causing
bodily injury to such person;
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(3) on two (2) or more occasions, killed or caused serious bodily injury
to another pet animal; or
(4) been trained for animal fighting or is owned or kept for the purpose
of animal fighting.
Section 6. That Section 4-70 of the Code of the City of Fort Collins is hereby amended
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 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.
(c) No owner of an animal shall abandon such animal.
(d) 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:
(1) using a chain or tether made of rope, twine, cord or similar material
that is insufficient to restrain the animal;
(2) using a chain or tether that:
a. is less than ten (10) feet in length;
b. does not have swivels on both ends;
C. is not attached to the animal by means of a properly fitting
harness or collar of at least one (1) inch in width; and/or is
wrapped around the animal's neck;
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(3) using a chain�or tether that is too heavy or too big for the size and
weight of the animal so that the animal is prohibited from moving
about freely;
(4) allowing an animal to be chained or tethered in such a manner that the
animal is not confined to the owner's property or so that the chain or
tether can become entangled and prevent the animal from moving
about freely, lying down comfortably or having access to adequate
food, water and shelter; or
(5) using a chain as a primary collar rather than a collar made of nylon,
cotton, leather or similar material.
Section 7. That Section 4-93(a)of the Code of the City of Fort Collins is hereby amended
to read as follows:
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, with or without the owner or keeper's knowledge.
The following shall be exempt from this prohibition:
(1) Animals under the control of a public law enforcement agency.
(2) Animals not under restraint in a City natural area or recreation area
pursuant to an applicable permit issued under Article IX or Article X
of Chapter 23.
(3) Animals under the control of City employees or contractors when
used for maintenance or management activities in City recreation
areas, as defined in § 23-202.
(4) Animals in areas designated or signed permitting animals to be at
large, such as dog parks.
Section 8. That Section 4-95 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-95. Public nuisance prohibited.
It shall be unlawful for any owner or keeper to fail to exercise proper care and
control of his or her animal to prevent it from becoming a public nuisance. For the
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purposes of this Section,a public nuisance includes an animal that is not a dangerous
or vicious animal but is otherwise a safety or health hazard, damages or destroys the
property of another or creates offensive odors which materially interfere with or
disrupt another person in the conduct of lawful activities at such person's home.
Section 9. That the Division 6 of Chapter 4 Code of the City of Fort Collins is hereby
amended by the addition of a new Section 4-96 which reads in its entirety as follows:
Sec. 4-96. Dangerous animals prohibited; permits; impoundment.
(a) It shall be unlawful for any person to harbor, keep or maintain within
the City any animal for which a dangerous animal citation has been issued by an
animal control officer unless a permit has been issued by the Humane Society or the
Municipal Judge consistent with the provisions contained in subsection (c) below.
It shall also be unlawful for any person to fail to comply with the terms and
conditions of any such permit or to fail to register a dangerous animal as required
herein.
(b) It is a defense to the charge of owning or keeping a dangerous animal
that the person or animal that was attacked or bitten by the allegedly dangerous
animal was:
(1) other than in self defense or defense of its young,attacking the animal
or engaging in conduct reasonably calculated to provoke the animal
to attack or bite;
(2) unlawfully engaging in entry into or upon a fenced or enclosed
portion of the premises upon which the animal was lawfully kept or
upon a portion of the premises where the animal was properly
tethered;
(3) unlawfully engaging in entry into or in or upon a vehicle in which the
animal was confined;
(4) attempting to assault another person;
(5) attempting to stop a fight between the animal and any other animal;
(6) attempting to aid the animal when it was injured; or
(7) attempting to capture the animal in the absence of the owner or
keeper, with the exception of a peace officer, firefighter, animal
control officer or other code enforcement officer in the performance
of his or her duty.
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(c) Dangerous animal permit.
(1) If an animal control officer has reasonable grounds to believe that an
animal is dangerous,the animal control officer may issue a summons
to the owner of such animal and, in his or her discretion, may also
issue a permit temporarily allowing the continued keeping of the
animal within the city pending disposition of the summons so long as
the owner of the animal complies with the requirements set forth in
the permit. Said requirements shall include any conditions necessary
to ensure that no person or animal is injured by the dangerous animal.
Permit requirements may include, but are not limited to, the
following:
a. that the animal wear a special and conspicuous form of
identification (such as a blaze orange collar);
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b. that the owner immediately notify the animal control officer
in the event the animal is loose and unconfined, has attacked
or injured a human-being or another animal, has been sold or
given to another person, or has died;
C. that the animal, while on the property of the owner, be
confined indoors or in a securely enclosed and locked
structure, suitable to prevent the entry of children and
designed to prevent the animal from escaping;
d. that the owner display one or more signs approved or issued
by the Humane Society on the owner's property which
provide a clear warning that a dangerous animal is present on
the property;
e. that, while off the owner's property, the animal be muzzled,.
restrained in a particular manner, or both, and be under the
control of an adult;
f. that the owner attend one or more educational classes on the
responsible keeping of dangerous animals; and
g. that, upon request, the owner make the animal available for
inspection by the animal control officer.
(2) Temporary dangerous animal permits may be made permanent,
modified or rescinded only upon order of the court upon disposition
of the summons issued. In making such determination,the court may
receive evidence from the owner and the complainant, the animal
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control officer, a veterinarian, a licensed animal trainer, a Humane
Society agent and any person having personal knowledge of the
animal's condition. If the court finds that the animal is dangerous but
decides that certain requirements set out in the permit are not
necessary for the protection of the public and other animals,the court
may delete or modify those requirements.
(3) If the owner of an animal that is the subject of a dangerous animal
citation has not been issued a permit to retain the animal under
subparagraph(b)(1)of this Section, or if such person fails to comply
with any of the requirements imposed under a temporary permit
issued under this Section, or if such animal is found at large, the
Humane Society is authorized to impound the animal at the owner's
expense until final disposition of any summons issued.
(4) If the owner of an animal determined by the court to be dangerous
who believes that the animal is no longer dangerous or that certain
requirements set out in the permit for the animal are no longer
necessary for the protection of the public or other animals,the owner
may request that the Humane Society rescind the determination that
the animal is a dangerous animal or delete or modify those permit
requirements; provided,however,that no such request may be made
within the first twelve('12)months following the initial determination
that the animal is dangerous. In reviewing the request, the Humane
Society may require the owner to produce the animal for inspection,
allow an animal control officer to observe the animal in its natural
surroundings,and submit information pertinent to the dangerousness
of the animal. If the Humane Society determines that the animal is no
longer dangerous, the permit issued under this Section may be
rescinded. If the Humane Society determines that the animal still
constitutes a dangerous animal but that certain requirements
contained in the permit are no longer necessary,the Humane Society
may delete those conditions from the permit or modify them.
(5) Any person to whom a dangerous animal permit has been issued, or
who requests that such a permit be modified or rescinded under the
provisions of this Section, shall pay a fee to the Humane Society in
an amount sufficient to cover the estimated costs of issuing,
modifying or rescinding such permit, as applicable. The amount of
such fee and the time of payment shall be determined by the Humane
Society.
Section 10. That the existing Section 4-96 is hereby renumbered as Section 4-97 and
amended to read in its entirety as follows:
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Sec. 4-97. Vicious animals prohibited.
(a) No person shall harbor,keep or maintain within the City any vicious
animal except as authorized by the Municipal Judge under Section 4-197(6). If an
animal control officer has reasonable grounds to believe that an animal is vicious,
such animal shall be impounded and kept by the Humane Society, at the owner's
expense, until final disposition of the citation issued to the owner for a violation of
this subsection (a).
(b) It is a defense to the charge of owning or keeping a vicious animal that
the person or animal that was attacked or bitten by the allegedly vicious animal was:
(1) other than in self defense or defense of its young,attacking the animal
or engaging in conduct reasonably calculated to provoke the animal
to attack or bite;
(2) unlawfully engaging in entry into or upon a fenced or enclosed
portion of the premises upon which the animal was lawfully kept or
upon a portion of the premises where the animal was properly
tethered;
(3) unlawfully engaging in entry into or in or upon a vehicle in which the
animal was confined;
(4) attempting to assault another person;
(5) attempting to stop a fight between the animal and any other animal;
(6) attempting to aid the animal when it was injured; or
(7) attempting to capture the animal in the absence of the owner or
keeper, with the exception of a peace officer, firefighter, animal
control officer or other code enforcement officer in the performance
of his or her duty.
(c) For the purposes of this Section, a person is lawfully upon the
premises of an owner or keeper when such person is on the premises in the
performance of any duty imposed by law or by the express or implied invitation of
the owner of such premises or the owner's agent.
(d) No person shall return to or harbor within the City limits an animal
previously determined by any court to be a vicious animal except as provided in § 4-
197.
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Section 11. That Section 4-136 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-136. Authorization for capture and impoundment.
Animal control officers and police officers are hereby authorized to take or
capture animals deemed by them to be included in the categories listed below and
impound them at an animal shelter or other appropriate location where the animals
will be confined in a humane manner. Such officers may utilize a tranquilizer dart if
necessary in order to capture an animal which appears to be vicious or destroy such
animal if necessary to avoid a physical threat to human beings.
(1) Animals at large, vicious or dangerous animals, animals creating a
disturbance, maltreated animals and nuisance animals;
(2) Wild or exotic animals kept in violation of§ 4-73;
(3) Animals which were being transported by a person involved in a
vehicular accident when such person becomes unable to care for or
maintain control over the animal as a result of the accident and there
is no responsible person present to take possession of the animal;
(4) Animals which will apparently be or have been left uncared for as a
result of the death, injury, arrest, detention or other incapacitation of
the owner or keeper.
Section 12. That Section 4-139(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-139. Reclamation of certain animals restricted or prohibited.
The following restrictions or prohibitions shall apply to the reclamation of the
following impounded animals:
(1) Animals that have been declared vicious or dangerous may not be
reclaimed unless and until the court orders the animal released under
conditions consistent with Section 4-197(b);
Section,13. That Section 4-140(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 4-140. Impound fees.
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(c) An owner or keeper reclaiming an impounded animal must present
satisfactory proof of vaccination for rabies and a valid license to the animal shelter
prior to reclaiming the animal.An owner or keeper reclaiming an impounded animal
which is not validly licensed must license the animal. If proof of vaccination and
license cannot be provided,the animal shelter shall release the impounded animal to
the owner or keeper with the requirement that satisfactory proof of vaccination and
license shall be furnished by the owner or keeper within forty-eight (48) hours after
release.
Section 14. That Section 4-141 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-141. Adoption or disposal of unclaimed animals.
Any animal that has been surrendered to the Humane Society or not reclaimed
by its owner within the period of time set forth in § 4-138 of this Code shall become
the property of the City or Humane Society and may be placed for adoption in a
suitable home or humanely euthanized. In disposing of unclaimed animals, it shall
be unlawful for the City or Humane Society to surrender live animals to any hospital
or institution of learning for use in research. It shall,however, be lawful for the City
or Humane Society to donate euthanized unclaimed animals to any hospital or
institution of learning for use in research or education.
Section 15. That Section 4-197 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 4-197. Additional penalties or requirements for dangerous and vicious
animals.
(a) Registration of dangerous and vicious animals. All owners of animals
determined by the Municipal Judge to be vicious or dangerous animals shall, unless
the animal has been ordered destroyed, annually register their animal and provide a
current color photograph of the animal with the Humane Society and pay a
registration fee to be set by the Humane Society. At the time of registration, each
owner of any dangerous or vicious animal kept within the City shall provide proof
of liability insurance in the amount of at least One Million Dollars ($1,000,000) for
any acts of property damage or liability incurred by virtue of injury inflicted by such
animal. Such insurance shall name the City as co-insured solely for the purpose of
notice of cancellation of the policy. Upon payment of the fee, the Humane Society
shall issue a current vicious/dangerous animal collar of an approved color for the
purpose of identification, which collar is to be worn by the animal at all times as
proof of registration.If,due to the length of the animal's hair,the collar is not visible,
an approved colored lead or chain shall be used. A vicious/dangerous animal collar
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may be removed from a dangerous animal for grooming or purposes of other care
when the animal is secured indoors or in an approved pen.
(b) In addition to the penalties provided in § 1-15, the Municipal Judge
may order any animal determined to be dangerous or vicious destroyed by the
Humane Society, or if not destroyed, made subject to any such conditions the
Municipal Judge. deems necessary to protect the public and other animals. Such
conditions may include, but are not limited to, requirements that the owner of the
animal shall:
(1) within ten(10)days after sentencing, spay or neuter the animal if not
already done;
(2) have, a licensed veterinarian implant an electronic identification
microchip in the animal and provide the information contained in the
microchip to the Humane Society;
(3) notify the Humane Society when the animal is sold, gifted, or
transferred to another person, in which event the owner shall remain
liable for the actions of the animal until formal notification of sale,
gift or transfer is given to the Humane Society;
(4) not have any animal violations;
(5) ensure that such animal does not damage or destroy public or private
property;
(6) notify the Humane Society immediately if the animal is running at
large;
(7) ensure that when such animal is on the property of the owner such
animal is:
a. confined within a residence and under the control of a person
over the age of eighteen (18) years; or
b. when outdoors:
1. confined in a locked pen or other structure that provides the
animal with adequate protection from the elements and that is
located at least three(3)feet from any property line and at least
fifteen (15) feet from any neighboring dwelling unit, that has
secure sides and a secure top and either a floor made of
concrete or other impervious surface or, in the absence of such
a floor, sides imbedded in the ground to a minimum depth of
one (1) foot; or
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2. under the control of a person over the age of eighteen(18)years
and securely muzzled and harnessed or leashed on a lead not
exceeding six (6) feet in length in a manner that prevents the
animal from chasing,injuring or biting other animals or humans
as well as preventing damage to public or private property.
(8) ensure that when such animal is off the property of the owner it is under the
control of a person over the age of eighteen (18) years, securely muzzled
and:
a. confined within a residence, or a locked pen or other structure that
meets the requirements of paragraph (7)(a)(1) of this Section, or a
locked vehicle; or
b. harnessed or leashed on a lead not exceeding six (6)feet in length in
a manner that prevents the animal from chasing, injuring or biting
other animals or humans as well as preventing damage to public or
private property;
(9) post and maintain signs issued or approved by the Humane Society placed
at each entrance to the premises where the animal is kept and on the pen or
other structure in which the animal is confined; and
(10) agree that failure to comply with any of the conditions shall result in
surrender of the animal and impoundment, at the owner's expense, by the
Humane Society for disposition,which disposition may include euthanasia,
without further notice or hearing.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2009, and to be presented for final passage on t th day of January, A.D. 2010.
Mayor U ,
ATTEST.:
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City Clerk
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Passed and adopted on final reading on the 5th day of J ry, A.D. 2010.
Mayo •
ATTEST:
City Clerk
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