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HomeMy WebLinkAbout08623 ORDINANCE NO. 8623 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND PROVIDING PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-4-1 of Chapter 4 of Title XI, Pueblo Municipal Code, as amended, is hereby amended as follows: Sec. 11-4-1. Definitions. As used in this Chapter, the term: . . . [][] itsor (4) At large shall mean off thefencedpremises ofthe owner person having charge thereof, and not under the direct physical control of the owner or other responsible person by either leash, cord or chain. An animal within the automobile or an enclosed portion of any other motor vehicle of its owner or other authorized person shall not be deemed to be at large. An animal which is not restrained or tethered and is left unattended in an unenclosed portion of a motor vehicle shall be deemed to be at large. . . . SECTION 2. Section 11-4-14 of Chapter 4 of Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-14. Vicious animals. . . . (d) Protective order. Upon entry of sentence pursuant to a plea of or finding of guilt for a violation of Subsection (b), the Municipal Court shall order the defendant to: (1) Confine such vicious animal in a building or enclosure designed to be escape-proof and, whenever such vicious animal is outside of such building or enclosure, the vicious animal shall be securely muzzled and restrained by a under the direct physical control of the owner or secure collar and leash other responsible person at all times. . . . SECTION 3. Section 11-4-15 of Chapter 4 of Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-4-15. Restraining. (a) It shall be unlawful and a municipal offense for any person owning or having charge or any dog or other animal except a domestic cat to permit such animal to be at large. A dog or other animal shall be deemed to be at large when it is off or away from the premises of its owner or person having charge thereof, and not under direct physical the control of such person or another by either leash, cord or chain. An animal found at large and not in the charge of such a person shall be impounded by an Animal Control Officer. Animals injured on public property shall be impounded and given adequate veterinary medical treatment pending notification of the owner. . . . SECTION 4. Any person who violates Sections11-4-14 and/or 11-4-15 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 11-4-20, Pueblo Municipal Code, as amended. SECTION 5. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective immediately upon final passage. INTRODUCED: August 12, 2013 BY: Chris Kaufman PASSED AND APPROVED: August 26, 2013 Background Paper for Proposed ORDINANCE DATE:August 12, 2013 AGENDA ITEM # S-6 DEPARTMENT: Law Department Carla Sikes, Assistant City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND PROVIDING PENALTIES THEREFOR ISSUE Should City Council approve an amendment to Chapter 4 of Title XI of the Pueblo Municipal Code relating to restraining of animals? RECOMMENDATION Approve the Ordinance. BACKGROUND Pueblo Animal Control has recently been involved in several vicious animal complaints wherein the definition and nature of restraint has been an issue. In order to avoid any ambiguity, Pueblo Animal Control has requested that the provisions of Chapter 4 of Title XI be amended to require owners of vicious animals to restrain their animal, when outside of an escape-proof enclosure, by a secure leash and collar under the direct physical control of the owner or other responsible person. The definition of “At-Large” is also amended to be consistent. FINANCIAL IMPACT None.