HomeMy WebLinkAbout09243
As Amended
February 26, 2018
City Clerk’s Office Item # R-12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Chris Nicoll and Ed Brown, Members of City Council
SUBJECT: AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 4.5 TO BE KNOWN AS THE PUEBLO
ANIMAL PROTECTION ACT OF 2017 AND MAKING AMENDMENTS TO
CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE IN
CONFORMANCE THEREWITH
SUMMARY:
Attached for consideration is an amendment to Title XI of the Pueblo Municipal Code establishing
standards and guidelines for animal shelter facilities, which receive City tax revenues, that care
for stray, abandoned, abused, and owner surrendered animals in the City of Pueblo, Colorado.
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action with regards to this Ordinance.
BACKGROUND:
The Pueblo Animal Protection Act of 2017 establishes standards and guidelines for all animal
shelter facilities that care for stray, abandoned, abused, and owner surrendered animals in the
City of Pueblo, Colorado. The ordinance defines animal holding periods, sets standards of animal
care, creates euthanasia standards, establishes live release rate requirements, defines
requirements for inter-shelter transfers, and creates requirements for animal shelter reporting to
the City of Pueblo.
FINANCIAL IMPLICATIONS:
This ordinance does not impact the current city animal services contract. Implementation of this
ordinance will be negotiated in a future contract. The requirements defined within this ordinance
can be accomplished within the current City / County budget allocated to Animal Services and
creates the ability to generate additional revenue through the collection of transfer fees.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, animal shelters and facilities will operate without appropriate
standards and guidelines.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
As Amended
February 26, 2018
ORDINANCE NO. 9243
AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4.5
TO BE KNOWN AS THE PUEBLO ANIMAL PROTECTION ACT
OF 2017 AND MAKING AMENDMENTS TO CHAPTER 4 OF
TITLE XI OF THE PUEBLO MUNICIPAL CODE IN
CONFORMANCE THEREWITH
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Title XI of the Pueblo Municipal Code is hereby amended by the enactment and addition
of the following new Chapter 4.5:
CHAPTER 4.5
ANIMAL SHELTERS AND FACILITIES
Sec. 11-4.5-1. Declaration of Policy.
The City declares that the purpose of this Chapter is to protect animals impounded
at all Animal Shelters in the City of Pueblo and the owners who care for such animals. The
City’s Animal Shelters serve a local need by providing necessary shelter for stray,
abandoned or abused animals. The City further declares that the Animal Shelters are
solely a matter of local concern and is not a matter of state concern because the State of
Colorado plays no role in funding that facility. This Chapter is adopted pursuant to
authority granted to the City, as a home rule municipality, by Article XX of the Colorado
Constitution, to enact legislation regarding matters of local concern.
Sec. 11-4.5-2: Definitions.
For purposes of this Chapter, the following words shall have the following meaning,
unless the context clearly indicates otherwise:
(a) “Animal Shelter” means any public or private shelter or facility that
provides temporary or permanent shelter to stray, abandoned, abused, or owner-
surrendered domestic animals.
(b) “Foster care” means to provide temporary care to shelter animals
who, for a variety of reasons, such as sickness, injury, age, temperament, need to
live in a home environment (away from the shelter) for an undetermined amount of
time.
(c) “Irremediable Physical Suffering” means the physical condition of an
animal who has a poor or grave prognosis for being able to live without severe,
unremitting pain even with comprehensive, prompt, and necessary veterinary care,
as certified in writing by a Licensed Veterinarian.
(d) “Licensed Veterinarian” means a veterinarian licensed to practice
veterinary medicine in the State of Colorado.
(e) “Rescue Organization” means a PACFA Licensed entity which
rescues, provides animal services or whose purpose is the prevention of cruelty to
animals.
Sec. 11-4.5-3 Notifications and Release Rates for Live Animals.
(a) Every Animal Shelter which impounds a stray animal shall use all
currently available methods of identification, including microchips, identification
tags, and licenses to identify the animal and its owner. If the shelter is closed when
the animal is impounded, contact with the owner shall occur the following business
day.
(b) Every Animal Shelter shall maintain continuously updated lists of
animals reported lost and found, and shall regularly, check those lists for matches
with animals in the shelter and shall also post on the internet a photograph of the
animal and information on each stray animal impounded by the shelter with
sufficient detail to allow the animal to reasonably be recognized and claimed by its
owner.
(c) If a possible owner is identified, the Animal Shelter shall undertake
due diligence to notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal. These efforts shall
include, but are not limited to, notifying the possible owner by telephone, social
media, mail, and, personal contact at the last known address.
(d) Once the five (5) business day holding period specified in Sec. 11-4.5-
4 has expired, every Animal Shelter shall post a photograph and information on
each animal (except those irremediably suffering in accordance with Sec.
XXXXXXX) impounded by the shelter on the internet to facilitate adoptions.
(e) No Animal Shelter shall ban, bar, limit, or otherwise obstruct the
adoption or transfer of any animal based on the animal’s breed, breed mix, species,
age, color, appearance, or size.
(f) The live animal “release rate” or “save rate” at every Animal Shelter
shall not fall below 90% in any 12-month period. Said rate shall be calculated with
the number of live animals being returned to owners, adopted, released to Rescue
Organizations or otherwise transferred being the numerator and the number of live
animals impounded being the denominator.
(g) PACFA - Refers to the State of Colorado Pet Animal Care Facilities Act
(). This program is defined in CRS as a licensing and inspection program
PACFA
dedicated to protecting the health and well-being of those animals in pet care
facilities throughout .
Colorado
Sec. 11-4.5-4 Animal Holding Periods
(a) No animal shall be euthanized at any Animal Shelter prior to the
expiration of five (5) full business days from impoundment of the animal, not
including the date of impoundment, and closed holidays, except for an animal who
is Irremediably Physically Suffering. Animal Shelters shall hold an animal that is not
irremediably suffering or a dog vicious to people and the prognosis for
rehabilitation is poor or grave as long as necessary to facilitate adoption, foster
care, or transfer to a rescue organization.
(b) An animal impounded as a stray with identification or whose owner
has been identified shall be made available for owner reclamation for a period of
five (5) business days, not including the date of impoundment and closed holidays,
subject to payment of any fees or fines required and subject to the animal being
properly licensed with appropriate vaccinations.
(c) An animal impounded as a stray without identification and whose
owner has not been identified shall be made available for owner reclamation for a
period of five (5) business days, not including the date of impoundment and closed
holidays, subject to payment of any fees or fines required and subject to the animal
being properly licensed.
(d) At any time, an animal impounded as a stray may be placed in foster
care, subject to the following:
(1) An animal transferred to foster care under this Subsection
remains subject to reclamation by its owner pursuant to Subsections (b) and
(c).
(2) Documentation of an animal transferred to foster care under
this subsection, including a photograph of the animal and relevant
information pertaining to the animal’s impoundment and transfer, shall be
maintained in physical or electronic form, reviewable by the public, at the
Animal Shelter that originally impounded the animal or on the Animal Shelter
website for a period of five (5) business days, not including the date of
impoundment and closed holidays.
(3) For a period of five (5) business days, not including the date of
impoundment and closed holidays, an owner of an animal transferred to
foster care is entitled to reclaim the animal even if the animal is no longer
physically in the Animal Shelter’s custody. At the owner’s discretion, the
owner has the right to physically reclaim the animal at the Animal Shelter
that originally impounded the animal, subject to applicable fees and fines
and subject to the animal being properly licensed with appropriate
vaccinations and further subject to the requirement that the animal’
condition does not conflict with (f)(2) of this section.
(e) The holding periods mandated by this Section 11-4.5-4 do not apply
to an animal who is impounded solely for the purpose of sterilization or vaccination
administration.
(f) Not less than two business days before the euthanasia of any animal,
the Animal Shelter shall:
(1) Make a reasonable attempt to notify by telephone or verifiable
written or electronic communication any Rescue Organization that has
previously requested to be notified before animals are euthanized;
(2) Unless there is evidence of neglect or animal cruelty as
certified in writing by a Licensed Veterinarian, notify or make a reasonable
attempt to notify by telephone or verifiable written or electronic
communication the owner who surrendered the animal and inform that
person that the animal is scheduled to be euthanized;
(3) Make a reasonable attempt to notify by telephone or verifiable
written or electronic communication the finder who surrendered the stray
animal and inform that person that the animal is scheduled to be euthanized;
(4) Give those notified under Subsections (f) (1), (2), and (3)
possession of the animal to avoid the animal’s death if they request it.
(g) No Animal Shelter may euthanize any animal without making the
notifications required by Subsections (f) (1), (2), and (3).
Sec. 11-4.5-5. Animal Care
(a) Every Animal Shelter shall provide all animals during the entirety of
their shelter stay with fresh food; fresh water; and environmental enrichment to
promote the animals’ psychological well-being through socialization and the use of
toys and treats, as needed. Animals shall be given adequate exercise, but not less
than once daily. The requirements of this subsection (a) are not applicable to dogs
exhibiting vicious behavior towards people or adjudged to be dangerous by a court
of competent jurisdiction.
(b) Notwithstanding Subsection (a), an Animal Shelter shall work with a
Licensed Veterinarian to develop and follow a care protocol for animals with special
needs including, but not limited to, nursing mothers, unweaned animals, sick or
injured animals, extremely frightened animals, geriatric animals, or animals
needing therapeutic exercise.
(c) During the entirety of their shelter stay, animals being kept at Animal
Shelters shall be provided prompt and necessary cleaning of their cages, kennels,
or other living environments no less than two (2) times per day, to prevent disease
and to ensure environments which are both hygienic and welcoming to the animals
and the public. This cleaning shall be conducted in accordance with a protocol
developed in coordination with a Licensed Veterinarian, Cats do not need to be
removed from their cage for cleaning due to the associated stress placed on a cat
when removing cats from their kennels. However, cats and dogs shall be removed
from their cages if potentially harmful cleaning solutions are to be used when
cleaning the cages.
(d) During the entirety of their shelter stay at Animal Shelters, all animals
shall be provided with prompt and necessary veterinary care, sufficient to alleviate
any pain caused by disease or injury; to prevent a condition from worsening, and
to allow them to leave the shelter in reasonable condition after receiving
preventative vaccinations, cage rest, fluid therapy, pain management, and/or
antibiotics, as needed.
Sec. 11-4.5-6. Animal Euthanasia
(a) No shelter shall euthanize any animal simply because the holding
periods required by Sec. 11-4.5-4 have expired. Before an animal is euthanized, all
of the following conditions must be met:
(1) There are no empty cages, kennels, or other living
environments in the shelter;
(2) There is no additional room to set up temporary cages,
kennels, or living environments in the animal shelter, which comply with
PACFA requirements;
(3) The animal to be euthanized cannot share a cage or kennel
with another animal, which comply with PACFA requirements;
(4) The Animal Shelter has sought appropriate foster home
placements and a foster home is not available;
(5) The notifications required in Sec. 11-4.5-4 (f) (1), (2), and (3)
have been made and neither a Rescue Organization, the former owner, or the
finder is willing to accept the animal;
(6) The animal cannot be transferred to another Rescue
Organization or shelter with room and an ability to house the animal;
(7) The animal is not a healthy community cat which can be
sterilized and then released;
(8) The animal has been determined medically untreatable by a
Licensed Veterinarian;
(9) The dog is determined to be vicious to people and the
prognosis for rehabilitation is determined to be poor to grave by a
behaviorist, which may include a qualified animal shelter Director skilled in
animal behavior;
(10) The director of the Animal Shelter certifies that he or she has
no alternative other than euthanasia and the reasons no alternatives exist.
(b) The determination that all conditions of Subsection (a) have been met
shall be made in writing, signed by the director of the Animal Shelter. Such
euthanasia records shall be made available for public inspection and such
euthanasia records shall be maintained by the Animal Shelter for no less than three
(3) years.
Sec. 11-4.5-7. Animal Euthanasia Procedures
(a) Animals impounded by an Animal Shelter shall be euthanized,
consistent with the requirements of this Chapter 4.5, by lethal intravenous injection
of sodium pentobarbital, except as follows:
(1) Intraperitoneal injections may be used only under the direction
of a Licensed Veterinarian, and only when intravenous injection is not
possible for infant animals, companion animals other than cats and dogs, or
in comatose animals with depressed vascular function.
(2) Intracardiac injections may be used only when intravenous
injection is not possible for animals who are completely unconscious or
comatose, and then only by a Licensed Veterinarian or an appropriately
trained technician who works under the supervision of a Licensed
Veterinarian.
(b) No animal shall be allowed to witness any other animal being euthanized
or being tranquilized or sedated for the purpose of being euthanized or to see the
bodies of animals which have been euthanized.
(c) Animals shall be sedated or tranquilized before being euthanized as
necessary to minimize their stress or discomfort, or in the case of vicious animals,
to ensure staff safety, except that neuromuscular blocking agents shall not be used.
(d) Following their lethal injection, animals shall be lowered to the
surface on which they are being held and shall not be permitted to drop or otherwise
collapse without support.
(e) An animal may not be left unattended between the time procedures to
euthanize the animal are commenced and the time death occurs, nor may the
animal’s body be disposed of until death is verified.
(f) Verification of death shall be confirmed for each animal as
determined by AVMA Guidelines
(g) The room in which animals are euthanized shall be cleaned and
regularly disinfected as necessary, but not less than once per day on days the room
is used, except the specific area in the room where the euthanization procedure is
performed shall be cleaned and disinfected between each procedure.
(h) The room in which animals are euthanized shall have adequate
ventilation that prevents the accumulation of odors.
(i) No one other than a Licensed Veterinarian or a euthanasia technician
certified by a euthanasia certification program shall perform the procedures
referenced in this section 11-4.5-6.
Sec. 11-4.5-8. Reporting.
(a) Every Animal Shelter shall forward a report to the City Council a
monthly summary which includes the following information separated by species
type:
(1) The number of animals impounded during the previous
calendar month;
(2) The number of animals which were euthanized by the Animal
Shelter, at the shelter’s direction, at a Licensed Veterinarian’s direction with
the shelter’s permission, and/or by a representative of the Animal Shelter
during the previous month;
(3) The number of animals who died, were lost, or were stolen
while in the direct or constructive care during the previous calendar month
(includes animals in foster care);
(4) The number of animals that were returned to their owners
during the previous calendar month;
(5) The number of animals that were sterilized and then released
during the previous calendar month;
(6) The number of animals adopted from the Animal Shelter the
previous calendar month;
(7) The number of animals that were transferred to Rescue
Organizations or other animal shelters during the previous calendar month;
(8) The number of animals which were under the custody or
control of the Animal Shelter at the start of the previous calendar month;
(b) Every Animal Shelter shall report to the City Council a calendar year
summary which includes the following information separated by species type:
(1) The number of animals impounded during the previous
calendar year;
(2) The number of animals which were euthanized by the Animal
Shelter, at the shelter’s direction, at a Licensed Veterinarian’s direction with
the shelter’s permission, and/or by a representative of the Animal Shelter
during the previous year;
(3) The number of animals who died, were lost, or were stolen
while in the direct or constructive care during the previous calendar year
(includes animals in foster care);
(4) The number of animals that were returned to their owners
during the previous calendar year;
(5) The number of animals that were sterilized and then released
during the previous calendar year;
(6) The number of animals adopted from the Animal Shelter the
previous calendar year;
(7) The number of animals that were transferred to rescue groups
or other animal shelters during the previous calendar year;
(8) The number of animals which were under the custody or
control of the Animal Shelter at the start of the previous calendar year;
(c) The annual summary required by Subsection (b) shall be completed
and reported by February 1 each year for the previous calendar year. Each Animal
Shelter will report data on ShelterAnimalsCount.org, OR any website that is publicly
available.
(d) By April 1 of each year, or whenever requested by the State of
Colorado, whichever comes first, the annual summaries required by the State of
Colorado shall be transmitted by the Animal Shelter to the Colorado Department of
Agriculture with the request that the Colorado Department of Agriculture make the
information available on its website for public review in a format which will be
searchable by individual shelter and in the aggregate for all shelters statewide.
Sec. 11-4.5-9. Transfer of Animals.
An animal under the custody or control of an Animal Shelter shall not be sold or
transferred, with or without consideration, to any person, hospital, educational, private, or
commercial institution, laboratory, or animal dealer, whether or not such dealer is licensed
by the United States Department of Agriculture, for purposes of medical or biological
teaching, research, study, or experimentation of any kind.
Sec. 11-4-5-11. Effective Date.
This Chapter 4.5 shall go into effect on January 1, 2019.
SECTION 2.
Effective January 1, 2019, Title XI, Chapter 4 of the Pueblo Municipal Code is hereby
modified to read as follows:
Sec. 11-4-14 Vicious Animals.
…
(h) Impoundment and euthanization.
(3) Any animal impounded pursuant to the requirements of this Section
shall not be released pending disposition of any euthanization hearing or related
criminal charges under this Section except on order of the Municipal Court who
may direct the owner to pay all impounding fees. Subject to the foregoing limitation
and the exception noted herein, an impounded vicious animal shall be handles and
processed according to the requirements set forth in Section 11-4-16 of this Code
and, if applicable, Section 11-4-13 of this Code, except that no vicious animal shall
be sold or put up for adoption. Any vicious animal which is deemed abandoned
as provided in Chapter 4.5
under Section 11-4-16 shall be humanely euthanized
of this Title XI.
(4) The Municipal Court is authorized to order the release of any animal
impounded pursuant to this Section when, in the Municipal Court’s judgment, said
animal does not represent a continuing threat of serious harm to persons or
domestic animals, the Municipal Court may order said animal to be humanely
as provided in Chapter 4.5 of this Title XI.
euthanized
. . .
Sec. 11-4-16. Disposition of impounded animals.
. . .
\[
(d)
The Shelter Operator and its employees may humanely euthanize any
abandoned animals not sold or adopted within a reasonable time. If it is found that any
impounded animal is infected with rabies or other infectious or contagious disease, such
animal shall be humanely euthanized upon the recommendation of a licensed
\]
Reserved.
veterinarian.
. . .
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
\[\]
4.5 of this Title XI
Section 11-4-16 of thisChapter .
Sec. 11-4-55. Enforcement of provisions by 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
\[\]
4.5 of this Title XI.
appropriate, as provided inSection 11-4-14 of thisChapter
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to implement the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective thirty days following final passage and approval.
INTRODUCED November 27, 2017
BY: Chris Nicoll
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: February 26, 2018