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HomeMy WebLinkAbout08356Substituted copy 5-23-11 ORDINANCE NO. 8356 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO KENNEL AND CATTERY LICENSES AND ENACTING ARTICLE 5 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE MANAGEMENT OF FERAL CAT COLONIES 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 11-4-9 of Chapter 4, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-9. Kennel and cattery licenses. . . . (b) It is hereby declared to be a nuisance and it shall be unlawful and a municipal offense for any person to have more than four (4) dogs on a premises at any one time without having a kennel license. It is also hereby declared to be a nuisance and it shall be unlawful and a municipal offense for any person to have more than four (4) cats on a premises at any one time, except upon land zoned agricultural, or for any person to operate a shelter for cats, without having provided however, that this paragraph shall not obtained a cattery license; apply to a registered Feral Cat Colony or Feral Cat Colony Manager in compliance with the provisions of Article V of this Chapter. . . . SECTION 2. Chapter 5 of Title XI of the Pueblo Municipal Code is hereby adopted to read as follows: Article V Regulation of Feral Cats Substituted copy 5-23-11 Sec. 11-4-51. Definitions. (a) As used in this Chapter, the term: 1. shall mean any homeless, stray, wild or Feral Cat untamed cat belonging to the family felis catus. 2. or shall mean a group of Feral Cat ColonyColony homeless, stray, wild or untamed cats living together as a unit. 3. shall mean any individual Feral Cat Colony Manager who has been appointed by the City or its animal control representative to assist in the management and control of a colony of feral cats. Sec. 11-4-52. Unlawful Care. It is unlawful, and a Class 2 Municipal Offense for any person other than a Feral Cat Colony Manager or Shelter Operator or his or her designee to intentionally provide food, water, or other forms of sustenance to a Feral Cat or Feral Cat Colony. It is unlawful, and a Class 2 Municipal Offense for anyone to intentionally provide food, water, or other forms of sustenance to a Feral Cat or Feral Cat Colony without first being appointed a Feral Cat Colony Manager. Sec. 11-4-53. Responsibilities of Feral Cat Colony Managers. (a) Individuals deemed to be qualified by the Shelter Operator may be appointed from time to time to serve as Feral Cat Colony Managers. The Shelter Operator may, within his/her sole discretion, limit the number of individuals appointed as Feral Cat Colony Managers. Such appointments shall remain in effect until terminated by resignation or revocation. Feral Cat Colony Managers shall serve at the will of the City or Shelter Operator and their appointment may be revoked at any time. (b) Feral Cat Colony Managers shall register each Feral Cat Colony he or she cares for with the Shelter Operator. Feral Cat Colony Managers shall be required to provide the general location and/or territory of the Colony together with a written census, as described in Subsection (g) below, for the Colony upon registration of any Feral Cat Colony. Upon registration of the Feral Cat Colony, the Feral Cat Colony Manager will receive a written permit from the Shelter Operator that will allow the Feral Cat Colony Manager to care for the Feral Cat Colony. Substituted copy 5-23-11 (c) Feral Cat Colony Managers shall provide food, water and medical care on a regular basis to Feral Cats in a Feral Cat Colony. If the Feral Cat Colony Manager is unable to provide food, water and medical care due to illness, vacation or some other temporary situation, the Feral Cat Colony Manager shall designate a capable person to care for the Feral Cats in his or her absence. (d) Feral Cat Colony Managers are authorized to, and shall take all appropriate and available steps to cause Feral Cats in a Feral Cat Colony over the age of eight (8) weeks to be trapped, spayed or neutered and returned to the feral cat colony. (e) Feral Cat Colony Managers shall cause all Feral Cats trapped for spaying or neutering, as described in paragraph (d), to be inoculated against rabies and such other feline diseases as may be age appropriate and required by this Chapter or applicable state law prior to their return to the feral cat colony. (f) Feral Cat Colony Managers shall cause all Feral Cats trapped for spaying or neutering, as described in paragraph (d), to be identified by ear clipping or other mechanism as may be determined from time to time by the City or its Shelter Operator prior to their return to the Feral Cat Colony. (g) Feral Cat Colony Managers shall keep a written census of the Colony that describes each cat, its color, breed, sex and notes the dates it was taken to a veterinarian for altering, vaccinations, and any other medical care. (h) Feral Cat Colony Mangers shall report annually to the Shelter Operator on the colony, including but not limited to the following information: the Colony’s location; the number of Feral Cats; the number of kittens, the number of Feral Cats altered during the year; the number of deaths of Feral Cats. This information, along with the changes to the written colony census required to be maintained by this Section, shall be sent to the Shelter Operator either by electronic or regular mail. (i) A Feral Cat Colony Manager in compliance with the terms and conditions of this Section shall be exempt from the provisions of Sections 11-4-9 and 11-4-43 of this Chapter. A Feral Cat Colony Manager in compliance with the terms and conditions of this Section shall not be considered to be violating the restriction imposed by Section 11-4-9(b) on the number of cats that may be kept at any one place, or on any premises, or in any one residence without a cattery license unless the Feral Cat Colony Manager’s actions are determined to be more like the actions of an actual owner or person in custody and control of the cats than a Colony Manager. Substituted copy 5-23-11 Sec. 11-4-54. Disposition of Feral Cat Colony cats. Any cat, ear tipped, feral or otherwise, trapped and/or turned into the Animal Shelter or an Animal Control Officer, shall go through the regular and usual disposition process as set forth in Section 11-4-16 of this Chapter. Sec. 11-4-55. Enforcement of provisions by the Shelter Operator. (a) The Shelter Operator or an Animal Control Officer shall have the right to trap in a humane manner any cat that is deemed to be a threat to public health or safety. Any Feral Cat considered a Vicious Animal shall be confined and euthanized, if appropriate, as provided in Section 11-4-14 of this Chapter. (b) Nothing in this Section shall limit an Animal Control Officer’s ability to trap and impound stray cats that present a nuisance as set forth in Section 11-4-8 of this Chapter. SECTION 3. Any person found guilty of a violation of this Ordinance declared to be a municipal offense shall be punished as provided by Section 11-4-20, Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: May 23, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: June 13, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-4 May 23, 2011 DEPARTMENT: Animal Control Julie Justman, Associate Director of Animal Services Law Department Thomas J. Florczak, City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO KENNEL AND CATTERY LICENSES AND ENACTING ARTICLE 5 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE MANAGEMENT OF FERAL CAT COLONIES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council amend the City’s Animal Control Code to allow for the management of feral cat colonies? RECOMMENDATION Pueblo Animal Services recommends approval. BACKGROUND Feral cats have become an increasing problem in Pueblo. Currently, feral cats greatly impact the animal shelter and likely represent the single most important source of cat overpopulation in Pueblo. Feral cats left unmanaged and unaltered will continue to increase in population. A statistical study indicates that management of feral cat colonies reduces the overall number of feral cats and the nuisances caused by feral cats. Previous methods used locally in attempts to control feral cats have been unsuccessful which is evidenced by the 17% increase in cat intakes in Pueblo from 2003 to 2010. Trap and Release programs implemented in areas across the country have shown remarkable success in reducing cat overpopulation. This in turn reduces the number of cats entering shelters and euthanasia due to overpopulation. FINANCIAL IMPACT Feral Cat Colony Managers will be responsible for the costs associated with the management of the colonies. The Shelter Operator is seeking grant funding and private donations to help defray the cost of spaying, neutering and vaccinating the cats in order to offer these services at low-cost or no-cost to Feral Cat Colony Managers.