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HomeMy WebLinkAbout09443ORDINANCE NO. 9443 AN EMERGENCY ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE BY THE REPEAL OF THE CURRENT CHAPTER 4.5 AND THE ENACTMENT OF A NEW CHAPTER 4.5 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Title XI of the Pueblo Municipal Code is hereby amended by the repeal of the current Chapter 4.5 and the enactment 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 dogs and cats housed at and cared for by all tax funded animal shelters in the City of Pueblo and to ensure that these animals are treated with dignity and respect. The City's animal shelters serve a local need by providing necessary shelter for stray, abandoned, owner-relinquished, and abused animals. 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” means domestic cat or dog, and does not apply to animals used for working purposes on a farm or ranch, or livestock, as defined in C.R.S § 35-80-102 (9). b. "Animal Shelter" means any public or private shelter that: 1) is a self-contained facility; 2) provides temporary or permanent shelter to domestic cats and dogs that are: stray, feral, abandoned, abused, impounded, or owner-surrendered; and, 3) exists exclusively for the purpose of providing for and promoting the welfare, protection, and humane treatment of Animals. c. "Foster Care" means to provide temporary care to shelter Animals who, for a variety of reasons such as sickness, injury, age, or temperament, need to live in a home environment (away from the Shelter) for an undetermined amount of time. Pets in foster homes are the responsibility of the Animal Shelter and Foster Care is intended to be a temporary solution for an Animal. d. “Healthy” means and includes all dogs and cats eight weeks of age or older that, at or subsequent to the time the Animal is taken into possession, manifest no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the Animal unsuitable for placement as a pet, and manifest no sign of disease, injury, a congenital or hereditary condition that adversely affects the health of the Animal or that is likely to adversely affect the Animal’s health in the future. e. "Licensed Veterinarian” means a veterinarian licensed to practice veterinary medicine in the State of Colorado. f. “PACFA” means the Pet Animal Care and Facilities Act, Sections 35-80-101 through 117, C.R.S. g. "Rescue Organization" means a PACFA-licensed entity that does not maintain a central facility for keeping Animals which rescues, or provides animal services, or whose purpose is the prevention of cruelty to Animals, and who has a mutually-agreed upon relationship with the Shelter. A Rescue Organization must be in compliance with all PACFA rules and regulations. h. “Treatable Animal” means any Animal that is not Healthy but with reasonable efforts at rehabilitation could be placed in a suitable home or Rescue Organization with the valid expectation that the animal will be comfortable and safe. Sec. 11-4.5-3: Notifications. a. Every Animal Shelter that takes in a stray dog or cat shall use all currently available methods of identification, including microchips, identification tags, and licenses to identify the Animal and its owner. b. Every Animal Shelter shall maintain continuously updated lists of dogs and cats reported lost and found and shall ensure that its lists are accessible through at least one publicly accessible mechanism. 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. Sec.11-4.5-4: Animal Holding Periods. a. An Animal received by the Shelter as a stray with or without 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 reception and closed holidays. No stray Animal shall be euthanized at any Animal Shelter prior to the expiration of this five-day period, except for: (i) Pet animals, which in the opinion of a veterinarian or the animal shelter supervisor, are experiencing extreme pain or suffering may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner for up to twenty-four hours or (ii) Animals without identification determined to be unsafe by the Shelter supervisor, which may be euthanized in three days pursuant to C.R.S. § 35-80-106.3 (1). b. Animal Shelters shall hold an Animal that is Healthy as long as necessary to facilitate adoption, foster care, or transfer to another Animal Shelter or Rescue Organization that is an approved as a transfer partner. c. At any time, an Animal taken in as a stray may be placed in Foster Care subject to the following: (i) An Animal transferred to Foster Care under this Subsection remains subject to reclamation by its owner pursuant to Subsection (a). (ii) 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 arrival and transfer, shall be maintained in physical or electronic form, reviewable by the public, at the Animal Shelter that originally received the Animal or on the Animal Shelter website for a period of five (5) business days, not including the date of arrival and closed holidays. (iii) For a period of five (5) business days, not including the date of receipt 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 received the Animal. d. Before the euthanasia of any cat or dog the Animal Shelter shall: (i) Unless there is evidence of cruelty or neglect, or the animal is unsafe, notify or make a reasonable attempt to notify by telephone or verifiable written or electronic communication any owner who surrendered the animal and who requested such notification and inform that person that the Animal is scheduled to be euthanized; (ii) Unless there is evidence of cruelty or neglect, or the animal is unsafe, notify or make a reasonable attempt to notify by telephone or verifiable written or electronic communication any finder who surrendered the animal and who requested such notification and inform that person that the Animal is scheduled to be euthanized. (iii) Give those notified under Subsections (d)(i) and (ii) possession of the Animal to avoid the Animal's death if they reclaim it within 24 hours and pay subsequent fees. e. Nothing in Section 11-4.5-4(d)(i), (ii) and (iii) prevents an Animal Shelter from euthanizing an Irremediably Suffering Animal, a vicious Animal, an unsafe Animal, or a court- declared dangerous Animal without delay, pursuant to and consistent with the requirements of C.R.S. § 35-80-106.3 (1). 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. Dogs that are owned by the shelter shall be given adequate exercise. The requirements of this subsection (a) are not applicable to dogs exhibiting vicious behavior towards people or adjudged to be vicious by a court of competent jurisdiction. b. An Animal Shelter shall have a written agreement with a Licensed Veterinarian for services and consultation regarding Animals’ health needs. This agreement must be updated each PACFA licensing period. c. During the entirety of their shelter stay, Animals being kept at Animal Shelters shall be provided cleaning of their cages, kennels, or other living environments as often as necessary to prevent disease and to ensure environments that are both hygienic and welcoming to the Animals and the public. 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, all Animals shall be provided with prompt and reasonable veterinary care, sufficient to reduce any pain caused by disease or injury or to prevent a condition from worsening. Sec. 11-4.5-6: Animal Euthanasia. a. No Healthy Animal shall be euthanized. The Animal Shelter shall place every Healthy Animal into a suitable home or to an Animal Shelter or Rescue transfer partner. b. The Animal Shelter shall strive to place every Treatable Animal into a suitable home or Rescue Organization. Sec. 11-4.5-7: Animal Euthanasia Procedures. a. Euthanasia shall be by lethal intravenous injection of sodium pentobarbital except as follows: (i) Intraperitoneal injections may be used only when intravenous injection is not possible for: infant Animals; companion Animals other than cats and dogs; or unconscious or comatose Animals with depressed vascular function. (ii) lntracardiac injections may be used when intravenous injection is not possible for Animals who are completely unconscious or comatose. b. No one other than a Licensed Veterinarian or staff trained to perform euthanasia shall perform the procedures referenced in this Section 11-4.5-7. c. No Animal shall be allowed to witness any other Animal being euthanized or to see the bodies of Animals that have been euthanized. d. Animals may 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. Neuromuscular blocking agents shall not be used. e. Verification of death shall be confirmed for each Animal as determined by American Veterinary Medical Association Guidelines. f. 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. g. The room in which Animals are euthanized shall have adequate ventilation that prevents the accumulation of odors. Sec. 11-4.5-8: Reporting. a. Every Animal Shelter shall report to the City Council a monthly summary which includes the following information separated by species type: (i) All Animals taken in by the Animal Shelter during the previous calendar month; (ii) The number of shelter Animals that were euthanized during the previous calendar month; (iii) The number of Animals who died, were lost, or were stolen while in the Shelter’s care during the previous calendar month (including Animals in Foster Care); (iv) The number of Animals that were returned to their owners during the previous calendar month; (v) The number of Animals that were sterilized and then released during the previous calendar month; (vi) The number of Animals adopted during the previous calendar month; (vii) The number of Animals that were transferred to Rescue Organizations or other Animal Shelters during the previous calendar month; (viii) The number of Animals that were under the custody or control of the Animal Shelter at the start of the previous calendar month. b. Animal Shelters may post the monthly summary required by Subsection (a) on ShelterAnimalsCount.org OR any website that is publicly available. c. Every Animal Shelter shall report to the City Council a calendar year summary which includes the following information separated by species type: (i) The number of Animals taken in by the Animal Shelter during the previous calendar year; (ii) The number of shelter Animals that were euthanized during the previous year; (iii) The number of Animals who died, were lost, or were stolen while in the Shelter’s care during the previous calendar year (including Animals in Foster Care); (iv) The number of Animals that were returned to their owners during the previous calendar year; (v) The number of Animals that were sterilized and then released during the previous calendar year; (vi) The number of Animals adopted during the previous calendar year; (vii) The number of Animals that were transferred to Rescue Organizations or other Animal Shelters during the previous calendar year; (viii) The number of Animals that were under the custody or control of the Animal Shelter at the start of the previous calendar year. d. The annual summary required by Subsection (c) shall be completed and reported by March 1 each year for the previous calendar year. Animal Shelters may post the annual summary required by Subsection (c) on ShelterAnimalsCount.org OR any website that is publicly available. e. Animal Shelters are required to comply with PACFA’s reporting requirements and all of the Commissioner’s rules pertaining to administration and enforcement thereof. Sec.11-4.5-9: Transfer of Animals. An Animal under the custody or control of an Animal Shelter shall not knowingly 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. SECTION 2. As of the date of this Ordinance, the City of Pueblo does not have a functioning animal shelter. Adoption of this Ordinance is necessary on an emergency basis, pursuant to Section 3- 20 of the City Charter, in order re-open the City’s animal shelter. SECTION 3. The officers and staff of the City are authorized and directed 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 8, 2019 . Final adoption of Ordinance by City Council on April 8, 2019 . President of City Council Action by the Mayor: ☒ Approved on April 11, 2019 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 8, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN EMERGENCY ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE BY THE REPEAL OF THE CURRENT CHAPTER 4.5 AND THE ENACTMENT OF A NEW CHAPTER 4.5 SUMMARY: Attached is an amendment to Title XI of the Pueblo Municipal Code which repeals the current Chapter 4.5 pertaining to animal shelters and facilities and replaces said chapter with a new Chapter 4.5. PREVIOUS COUNCIL ACTION: On February 26, 2018, by Ordinance No. 9243, City Council adopted the Pueblo Animal Protection Act (“PAPA”) which established standards and guidelines for animal shelter facilities which care for stray, abandoned, abused, and owner surrendered animals in the City of Pueblo. Ordinance No. 9243 specified that PAPA would take effect on January 1, 2019. BACKGROUND: Critics of PAPA have argued that the PAPA Ordinance is duplicative of (and in certain instances inconsistent with) the state statute regulating animal shelters, known as the Pet Animal Care and Facilities Act (“PACFA”). The Pueblo Board of County Commissioners, citing these concerns and a difference in philosophy, has not adopted PAPA. The directors of the Dumb Friends League of Denver, the Larimer Humane Society, Denver Animal Protection, the Humane Society of Boulder Valley, the Longmont Humane Society, the Intermountain Humane Society and the Humane Society of Weld County have recommended that PAPA be amended. Local advocates for animal welfare have stated that because the animal shelter is jointly owned by both the City and County, the animal shelter should be regulated under the same ordinance adopted by both the City and the County. FINANCIAL IMPLICATIONS: The citizens of Pueblo County voted to tax themselves to build the animal shelter. Puebloans are committed to animal welfare and public safety and understand that the resulting costs are substantial and are likely to increase in the future. The proposed ordinance clarifies certain requirements of PAPA but the direct financial impact of the proposed ordinance is unknown at this time. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, Chapter 4.5 of Title XI of the Pueblo Municipal Code will remain unchanged. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance