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HomeMy WebLinkAbout08309ORDINANCE NO. 8309 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL VACCINATIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 11-4-2 of Chapter 4, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-2. Vaccinations. (a) Every owner of a dog four (4) months old or older shall have such dog vaccinated by a licensed veterinarian. If a dog four (4) months old or older, whose owner is a nonresident, shall remain within the City for more than thirty (30) days, it shall be vaccinated in accordance with the provisions of this Chapter. (b) Every owner of a cat four (4) months old or older shall have such cat vaccinated against rabies by a licensed veterinarian. If a cat four (4) months old or older, whose owner is a nonresident, shall remain within the City for more than thirty (30) days, it shall be vaccinated in accordance with the provisions of this Chapter. A veterinarian, with the written consent of an animal’s owner, (c) may issue a written exemption waiving the requirement that an animal be vaccinated from rabies if the veterinarian, in his or her professional opinion, determines that the rabies vaccination is contraindicated due to the animal’s health. (d) A valid veterinary-client-patient relationship, as defined under C.R.S. § 12-64-103 (15.5), must have been established between the veterinarian, owner and animal in order for a veterinarian to issue a written exemption. [] eClass 2 (c) It shall be unlawful and a municipal offense for any dog or cat owner required by this Section to have his or her animal vaccinated to fail to or obtain a written exemption from have said animal so vaccinated vaccination . SECTION 2. Section 11-4-3 of Chapter 4, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-3. Certificate of vaccination; Exemption from rabies vaccination . (a) Upon vaccination, the veterinarian administering the vaccine shall execute in triplicate a signed vaccination certificate upon forms approved by the Shelter Operator and License Officer. The certificate shall contain the following information: (1) The name, address and telephone number of the owner of the vaccinated dog or cat; (2) The date of vaccination; (3) The breed, age, color and sex of the vaccinated dog or cat; (4) The expiration date of vaccination; (5) A statement indicating whether the animal has been surgically sterilized; (6) The number of the vaccination tag issued. (b) The veterinarian shall deliver a copy of the certificate to the owner, retain the original for his or her files, and send a copy to the Shelter Operator. It shall be unlawful and a municipal offense for any owner of any dog or cat to fail or refuse to exhibit his or her copy of the vaccination certificate upon demand to any person charged with enforcement of this Chapter. (c) If the veterinarian determines that an exemption to the requirement for rabies vaccination is appropriate, the veterinarian shall complete and sign the veterinary section of the Exemption from Rabies Vaccination Form available for download from Colorado Department of Public Health and Environment or on file at the office of the City Clerk. The animal owner shall sign the informed consent section of the Exemption from Rabies Vaccination Form. (d) The veterinarian shall keep a copy of each signed Exemption from Rabies Form in the animal’s medical record and provide a copy to the animal’s owner. The veterinarian shall send a copy of the Exemption from Rabies Vaccination Form to the Shelter Operator. It shall be unlawful and a municipal offense for any owner of any dog or cat to fail or refuse to exhibit his or her copy of the Exemption from Rabies Vaccination Form upon demand to any person charged with enforcement of this Chapter. (e) Any exemption issued pursuant to this Section may not exceed a period of three years from the date of issuance. If the medical condition exists beyond a three year period, and in the professional opinion of a veterinarian licensed in the State of Colorado the exemption continues to be appropriate, a new waiver may be issued. (f) A veterinarian supplying a waiver exempting an animal from a rabies vaccination, the veterinarian’s assistants and employees, the City, and any person enforcing Section 11-4-2 shall not be liable for any subsequent accident, disease, injury, or quarantine that may occur as a result of an animal exempted from a rabies vaccination. SECTION 3. Subsection (b) of Section 11-4-44 of Chapter 4, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Section 11-4-44. License application; issuance. . . . (b) Upon presentation of an application together with a copy of the or the Exemption from Rabies Vaccination Form vaccination certificate issued for the dog or cat pursuant to Section 11-4-3 to the License Officer, or a veterinarian or licensed animal shelter, designated in writing by the License Officer, and payment of the appropriate license fee, a license receipt for the dog or cat and a tag bearing a number corresponding to that of the receipt shall be issued. If an application is made to license a spayed/neutered dog or cat, the applicant shall in addition furnish satisfactory evidence that the dog or cat has been spayed/neutered, which evidence may consist of a certificate signed by a veterinarian or the affidavit of the owner that the dog or cat has been spayed/neutered. Without such evidence, the license issued and fee paid shall be or a dog or cat which has not been spayed/neutered. . . . SECTION 4. Any person found guilty of any provision of this Ordinance declared to be a municipal offense shall be punished as provided in Section 11-4-20, Pueblo Municipal Code, as amended. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 24, 2011 BY: Larry Atencio PASSED AND APROVED: February 14, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-5 January 24, 2011 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL VACCINATIONS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council amend the City’s Animal Control Code to enable pet owners to obtain a written waiver from a licensed veterinarian, exempting them from the requirement for obtaining rabies vaccinations of their pets if the rabies vaccination is contraindicated due to the animal’s health? RECOMMENDATION Approve the Ordinance. BACKGROUND As written, the Pueblo Municipal Code requires all pet owners to vaccinate their animals against rabies without exception. Colorado Revised Statutes §25-4-607(2) allows a licensed veterinarian to waive or exempt a pet owner from the rabies vaccination requirement when he or she determines, in his or her professional opinion, that the rabies vaccination is contraindicated. The amendments proposed in the Ordinance would make the City’s Ordinance consistent with the State statute and allow pet owners more control over their pet’s healthcare. FINANCIAL IMPACT None.