HomeMy WebLinkAbout09903ORDINANCE NO. 9903
AN ORDINANCE AMENDING TITLE I AND TITLE XI OF THE
PUEBLO MUNICIPAL CODE WITH REGARDS TO ANIMALS
AND ANIMAL CONTROL, AND IMPOSING NEW
REQUIREMENTS AND PENALTIES IN ACCORDANCE
THEREWITH
WHEREAS, City Council is committed to protecting the health, safety, and welfare
of the public; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 1-2-1 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 1-2-1. - General penalty; continuing violations; adjudging fines and
imprisonment.
. . .
(i) Any person convicted of a crime and sentenced as a habitual offender for
violations of Sections 11-4-14 (\[Vicious\] Dangerous animals; potentially dangerous
animals), 11-4-15 (Restraining), or 11-4-21 (\[Animals; cruelty to\] Cruelty to animals;
humane care) may, at the discretion of the Municipal Court, be enjoined from owning any
animals as defined by Section 11-4-1 of the Pueblo Municipal Code, or otherwise
maintaining any animals on their property within the City limits, for up to one year, along
with any other appropriate penalty imposed by the Municipal Court.
SECTION 2.
Section 11-4-1 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-1. - Definitions.
As used in this Chapter, the term:
(1) Owner shall mean any person who owns, keeps or harbors any animal or
any person who permits or suffers any animal to remain on or about his or her premises
for a period of thirty (30) days.
(2) Animal shall mean all \[warm-blooded domesticated mammals including
both male or female, whether sterilized or not sterilized\] domesticated mammals,
reptiles, birds, amphibians, and other domesticated creatures. The term does not
include humans.
(3) \[Vicious\] Dangerous animal shall mean any animal that without
provocation bites or attacks a human being or another animal, either on public or private
property, and causes serious bodily injury, or that may otherwise meet the definition
per Pueblo Municipal Code Section 11-4-14. \[or any animal that, in a vicious or
terrorizing manner, approaches any person in apparent attitude of attack upon the streets,
sidewalks or public grounds or places.\]
. . .
(6) Vaccination shall mean the inoculation of an animal with a vaccine approved
by the Colorado Department of Health for use in prevention of rabies.
(7) Person shall mean any individual, firm, corporation, limited liability
company, partnership or association. All members of one (1) household shall be
considered as one person for the purposes of this Chapter.
(8) License Officer \[officer\] shall mean the Shelter Operator or, if none, the
Director of Finance, or his or her designee.
. . .
(20) Potentially dangerous animal shall mean an animal that causes any
injury that is less than a serious bodily injury, or that may otherwise meet the
definition per Pueblo Municipal Code Section 11-4-14.
(21) Tether shall mean to tie up or chain to a fixed or heavy inanimate
object to restrict the free movement of an animal to a distance no greater than the
length of its leash or chain.
SECTION 3.
Section 11-4-2 of the Pueblo Municipal Code 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 against rabies 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.
(c) Every owner of a ferret four (4) months old or older shall have such
ferret vaccinated against rabies by a licensed veterinarian. If a ferret 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.
(d) A veterinarian, with the written consent of an animal's owner, 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.
\[(d)\] (e) A valid veterinary-client-patient relationship, as defined under Section 12-
64-103(15.5), C.R.S., must have been established between the veterinarian, owner and
animal in order for a veterinarian to issue a written exemption.
\[(e)\] (f) It shall be unlawful and a Class 2 municipal offense for any \[dog or cat\]
animal owner required by this Section to have his or her animal vaccinated to fail to have
said animal so vaccinated or obtain a written exemption from vaccination.
SECTION 4.
Section 11-4-9 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-9. – Kennel, \[and\] cattery, and multiple animal licenses.
(a) As used in this Section, the term:
(1) Dog shall include both mature and immature dogs, except that the
term shall not include puppies which have not yet been weaned from their bitch.
(2) Cat shall include both mature and immature cats, except that the
term shall not include kittens which have not yet been weaned from their queen
nor shall the term include kittens less than twelve (12) weeks of age.
(3) Animal shall include both mature and immature domesticated
animals, except that the term shall not include animals which have not yet
been weaned from their mother.
(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 obtained a cattery license; provided however,
that this paragraph shall not apply to a registered Feral Cat Colony Manager in
compliance with the provisions of Article V of this Chapter. Except as otherwise
provided in this Code, 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) of any one type
of animal, or more than eight (8) animals total, on a premises at any one time,
unless the land is zoned agricultural, without having a multiple animal license.
(c) Application for a kennel, \[or\] cattery, or multiple animal license shall be
submitted to the City-County Health Department, together with a petition signed by not
less than seventy-five percent (75%) of the residents living within three hundred (300)
feet of the premises proposed to be licensed. At the time of submission of the application,
a nonrefundable fee in the amount of one hundred dollars ($100.00) shall be paid. The
Health Department shall thereafter conduct a hearing, upon not less than fifteen (15) days'
public notice posted upon the premises and published in a newspaper of general
circulation. The Health Department shall grant the license only upon finding each of the
following:
(1) That the applicant has demonstrated it will operate the kennel, \[or\]
cattery, or multiple animal premises in compliance with all applicable laws,
including having any required state licensure, and the requirements of this
Chapter;
(2) That the operation of a kennel, \[or\] cattery, or multiple animal
license on the premises will not result in undue disturbance of the neighborhood
or a public nuisance; and
(3) That the operation of a kennel, \[or\] cattery, or multiple animal
license on the premises would be compatible with existing uses of property in the
neighborhood.
(d) A\[n animal\] kennel, \[or\] cattery, or multiple animal license renewal fee of
\[thirty\] forty-five dollars ($\[3\]45.00) shall be due and payable to the License Officer on
the first day of January of each year.
(e) This Section shall have no application to the Pueblo Animal Shelter
provided under Section 11-4-17 of this Chapter.
SECTION 5.
Section 11-4-10 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-10. - Animal Control Officers; powers, superior.
(a) All Animal Control Officers employed by the City are hereby designated and
appointed Animal Control Officers and peace officers authorized and vested with the
power to enforce the provisions of this Chapter. Such Animal Control Officers shall act
under the direction and supervision of the Chief of Police or his or her designee and shall
be responsible to him or her for the carrying out of their duties as Animal Control Officers.
Such officers may investigate violations, impound animals, and issue, sign, and
serve penalty assessments or summons and complaints in order to enforce the
provisions of this Chapter.
(b) If the City contracts with an entity to enforce this Chapter, the Chief of Police
may appoint employees of such contracting entity, after appropriate training, as Animal
Control Officers vested with the authority to enforce this Chapter, investigate violations of
this Chapter, issue and serve summonses and complaints enforcing this Chapter and
impound animals as provided in this Chapter. The appointed Animal Control Officers shall
not have the power of arrest or be authorized to carry weapons. Individuals appointed
Animal Control Officers may be known as Animal Welfare Officers and shall, pursuant to
Section 30-15-105, C.R.S., be included within the definition of "peace officer or firefighter
engaged in the performance of his or her duties" in Section 18-3-201(2), C.R.S. Animal
Control Officers who are employees of the contracting entity and appointed pursuant to
this Subsection shall not be under the direction and supervision of the Chief of Police\[s\]
and shall not be responsible to the Chief of Police for the carrying out of their duties as
Animal Control Officers.
(c) If an affidavit has been submitted to the Municipal Court which
satisfies the judge that an animal which is the subject of a violation of this Chapter
is located within the City and that the animal either poses a clear and present
danger to the health, general welfare, or safety of other persons or animals or is
suffering extreme neglect or cruelty, the Municipal Court may order the animal
seized by a designated officer of the City pursuant to Rule 241 of the Colorado
Municipal Court Rules. The owner of the animal may request a hearing concerning
any such order for seizure entered pursuant to this Section by filing an appropriate
motion pursuant to Rule 241(e) of the Colorado Municipal Court Rules. Whenever
an animal is seized by order of the Municipal Court or other court, the animal
shelter shall not adopt out, donate, or euthanize the animal unless such action is
permitted by a subsequent order of the court.
SECTION 6.
Section 11-4-14 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-14. – \[Vicious\] Dangerous animals; potentially dangerous animals.
(a) Definitions. As used in this Section, the following words have the following
meanings:
(1) Serious bodily \[Bodily\] injury means any physical injury that results
in severe bruising, muscle tearing, \[tear or\] skin laceration, or any physical injury
that requires corrective or cosmetic surgery.
(2) \[Vicious\] Dangerous animal means any animal that:
a. Has inflicted serious bodily injury upon a person or has
inflicted serious bodily injury upon or caused the death of a domestic
animal; or
b. \[Has demonstrated tendencies that would cause a
reasonable person to believe that the animal may inflict bodily injury upon
or cause the death of any person or domestic animal; or
c.\] Has engaged in or been trained for animal fighting as
described and prohibited in Section 18-9-204, C.R.S.; or
c. Has been previously adjudged as a potentially dangerous
animal under this Section and the animal has engaged in subsequent
behavior that poses a threat to public safety or the owner has failed to
abide by a protective order.
(3) Potentially dangerous animal means any animal that may be a
threat to public health and safety as demonstrated by:
a. Causing any injury less than a serious bodily injury to any
person or domestic animal.
b. Actions that cause a reasonable person to believe that
the animal may inflict bodily injury upon or cause the death of any
person, whether such person is on foot, in a vehicle, or on a device
which allows such person to be in motion, and whether such animal
is tethered or otherwise restrained.
c. Attacks any person who is lawfully on the owner’s
property.
d. Acts in a highly aggressive manner within a fenced yard
or enclosure and appears to a reasonable person to be able to jump
over, dig under, or otherwise immediately escape such fenced yard or
enclosure to complete an attack.
(b) Violation, ownership of \[vicious\] dangerous animal. It shall be unlawful and
a Class \[I\] 1 municipal offense for any person to own, possess, harbor, keep, have a
financial or property interest in, or have custody or control of a \[vicious\] dangerous
animal; except that a person who maintains a dangerous animal pursuant to and in
compliance with a dangerous animal license and protective order entered by a
court of competent jurisdiction shall be presumed not to be in violation of this
provision. This presumption may be rebutted by the fact that the animal acted as
a potentially dangerous animal or caused bodily injury despite such compliance.
(c) Violation, ownership of potentially dangerous animal. It shall be
unlawful and a Class 2 municipal offense for any person to own, possess, harbor,
keep, have a financial or property interest in, or have custody or control of a
potentially dangerous animal; except that a person who maintains a potentially
dangerous animal pursuant to and in compliance with a potentially dangerous
animal license and protective order entered by a court of competent jurisdiction
shall be presumed not to be in violation of this provision. This presumption may
be rebutted by the fact that the animal acted as a potentially dangerous animal or
caused bodily injury despite such compliance.
(d) Affirmative defense. \[The affirmative defenses set forth herein shall not
apply to any vicious animal that has engaged in or been trained for animal fighting as said
term is described in Section 18-9-204, C.R.S.\] Except as otherwise noted, the following
circumstances shall constitute an affirmative defense to a violation of the foregoing
Subsection (b) or (c) in the following manner:
(1) At the time of the attack by the \[vicious\] animal which causes injury
to a domestic animal, the domestic animal was at large, was an estray and entered
upon the property of the owner and the attack began, but did not necessarily end,
upon such property;
(2) At the time of the attack by the \[vicious\] animal which causes injury
to a domestic animal, said domestic animal was biting or otherwise attacking the
\[vicious\] animal or its owner;
(3) At the time of the attack by the \[vicious\] animal which causes injury
to a person, the victim of the attack was committing or attempting to commit a
criminal offense\[, other than a petty offense,\] against the \[dog's\] animal’s owner,
and the attack did not occur on the owner's property;
(4) At the time of the attack by the \[vicious\] animal which causes injury
to a person, the victim of the attack was committing or attempting to commit a
criminal offense\[, other than a petty offense,\] against a person on the owner's
property or the property itself, and the attack began, but did not necessarily end,
upon such property; or
(5) The person who was the victim of the attack by the \[vicious\] animal
tormented, provoked, abused or inflicted injury upon the \[vicious\] animal in such
an extreme manner which resulted in the attack.
\[(d)\] (e) 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 upon
violation of Subsection (b), and may order upon violation of Subsection (c), 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
secure collar and leash no longer than four (4) feet under the direct physical
control of the owner or other responsible person at all times. Escape-proof
enclosure means a structure of at least six (6) feet in height with secured
sides, locked, and designed to prevent the animal escaping the enclosure. If
such enclosure has no bottom secured to the sides, the sides must be
embedded into the ground no less than two (2) feet deep. If the required six
(6) feet in height and two (2) feet in depth is inadequate to contain the animal,
the height and depth of the enclosure shall be increased until the enclosure
is deemed escape-proof by an Animal Control Officer. The enclosure must
be suitable to prevent the entry of young children or lunging attacks outward
by the animal. Nothing in this Subsection shall prevent the humane care of
the animal. Animal Control Officers are permitted to inspect the animal and
premises for compliance at reasonable times.
(2) Display in a prominent place on the defendant's premises, and the
premises where the animal resides if different, a sign easily readable by the
public from the public street using the words \["Beware of Vicious Dog," if the
vicious animal is a dog, and the words\] "Beware of \[Vicious\] Dangerous Animal"
or “Beware of Potentially Dangerous Animal,” as applicable. \[if the vicious
animal is not a dog.\]
(3) Immediately report to the Shelter Operator any material change in
the \[vicious\] animal's situation, including but not limited to a change of address,
escape or death.
(4) At the defendant's expense, permanently identify the \[vicious\]
animal through the implantation of a microchip by a licensed veterinarian or a
licensed shelter. The owner shall file the veterinary record of the microchip
implantation with the Shelter Operator.
(5) Prior to the implantation of the microchip, pay a nonrefundable
\[vicious dog\] microchip license fee of fifty dollars ($50.00) to the Shelter Operator.
(6) Spay or neuter the animal, if the animal is not already spayed or
neutered, at the owner’s expense. The municipal court may grant an
exception to the spay or neuter requirement where defendant provides to the
court within thirty (30) days: (i) a letter from a licensed veterinarian stating
such spaying or neutering of the animal would be harmful to its health, or (ii)
paperwork demonstrating the animal is registered and actively being shown
in an event that does not allow the animal to be altered.
(7) Prior to the animal receiving any service or treatment, disclose
in writing to any provider of the service or treatment, including but not
limited to a veterinary health care worker, groomer, humane agency staff
person, pet animal care facility staff person, professional handler, or trainer,
each acting in the performance of his or her respective duties, that the animal
has been the subject of a conviction of a violation of this section.
Unless the Municipal Court declassifies an animal from its status as
dangerous or potentially dangerous in accordance with this Chapter, all
protective orders entered pursuant to this Chapter shall remain in effect for
the life of the animal and shall be binding upon all future owners,
possessors, keepers, or handlers of the animal.
\[(e)\] (f) Violation, failure to comply. It shall be unlawful and a strict liability offense
for any person convicted of violating Subsection (b) or (c), who has been personally
served with a copy of the protective order issued under Subsection \[(d)\] (e), to continue
to own, possess, harbor, keep or control the \[vicious\] animal which was the subject of
such conviction in violation of the provisions of the protective order.
(g) Violation, failure to provide notice. It shall be unlawful and a Class 2
municipal offense for any person to fail or refuse to provide written notice or a copy
of the protective order as required by this Chapter and the protective order.
\[(f)\] (h) Violation, breeding of \[vicious\] dangerous animal. It shall be unlawful
and a Class 1 municipal offense for any person to possess with intent to sell, offer for
sale, breed, buy, or attempt to buy within the City any animal which has been adjudicated
to be a \[vicious\] dangerous animal pursuant to a conviction under Subsection (b) or a
conviction under Section 18-9-204.5, C.R.S. This provision does not apply to an
animal adjudicated potentially dangerous under this Section.
\[(g) Violation, animal fighting. It shall be unlawful and a Class 1 municipal offense
for any person to own or harbor any animal for the purpose of animal fighting or to train,
torment, badger, bait or use any animal for the purpose of causing or encouraging said
animal to unprovoked attacks upon human beings or domestic animals.
(h)\] (i) Impoundment and euthanization.
(1) It shall be the duty of the Animal Control Officer to impound an animal
whose acts form the basis for issuance of a complaint for violation of Subsection
(b) or (c) if the animal presents a continuing threat of serious harm to persons or
domestic animals.
(2) It shall be the duty of the Animal Control Officer to impound an
animal, which has been adjudicated to be a \[vicious\] dangerous animal pursuant
to a conviction under Subsection (b), adjudicated to be a potentially dangerous
animal pursuant to a conviction under Subsection (c), or to be a dangerous
dog pursuant to a conviction under Section 18-9-204.5, C.R.S., where such animal
is found beyond the premises of its owner and not securely muzzled and restrained
by a secure collar and leash. The Animal Control Officer may impound in
accordance with this provision without first obtaining a warrant.
(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, which
\[who\] may direct the owner to pay all impounding fees. Subject to the foregoing
limitation and the exception noted herein, an impounded \[vicious\] dangerous
animal shall be handled 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 \[vicious\] dangerous animal shall be sold or put up for adoption
except in accordance with Chapter 4.5 of this Title XI. Any \[vicious\]
dangerous animal which is deemed abandoned under Section 11-4-16 shall be
humanely euthanized as provided in Chapter 4.5 of this Title XI.
(4) The Municipal Court is authorized to order the \[released\] 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. If, in the Municipal Court's judgment, the animal
represents a continuing threat of serious harm to persons or domestic animals, the
Municipal Court may order said animal to be humanely euthanized as provided in
Chapter 4.5 of this Title XI.
\[(i)\] (j) Application. Subsections \[Subsection\] (b) and (c) shall have no
application to the following:
(1) To any dog that is used by a peace officer while the officer is engaged
in the performance of the peace officer's duties;
(2) To any \[dog\] animal which causes the death of a person;
(3) To any \[dog\] animal that inflicts injury upon any veterinary health
care worker, \[dog\] groomer, humane agency personnel, professional \[dog\]
handler, trainer or \[dog\] show judge, each acting in the performance of his or her
respective duties; or
(4) To any dog that inflicts injury upon or causes the death of a domestic
animal while the dog was working as a hunting dog, herding dog or predator control
dog on the property of or under the control of the dog's owner and the injury or
death was to a domestic animal naturally associated with the work of such dog.
(k) No animal that has previously been determined to be dangerous,
potentially dangerous, or the equivalent thereof in another jurisdiction, shall be
kept, owned, or harbored in the City unless the animal's owner obtains and
maintains a dangerous or potentially dangerous animal license prior to bringing
such animal into the City, without need for further adjudication by the Municipal
Court. Animals in violation of this Subsection are subject to impoundment after
notice and a hearing under this Subsection, except that the only issues for hearing
are whether the animal ever received a dangerous or potentially dangerous
designation or similar designation in another jurisdiction, and whether the animal's
owner complied with the requirements under this Subsection.
(l) An animal classified as dangerous may not be declassified from said
designation. An animal classified as potentially dangerous may be declassified
from such after one (1) year, if the conditions posed under this Section were met
for the uninterrupted period and upon the Municipal Court’s approval. The
Municipal Court may declassify an animal after the applicable period despite
violations if it determines that the violations were not systematic or serious and
upon the imposition of a fee.
SECTION 7.
Section 11-4-15 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-15. - Restraining.
(a) It shall be unlawful and a \[municipal\] strict liability offense for any person
owning, possessing, harboring, keeping, or having charge of any dog or other animal,
except a domestic cat, to permit such animal to be at large within the city. 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 the direct physical control of
such person or another by either leash, cord or chain. No dog shall be deemed to be
running at large when the dog is upon the premises of a city dedicated off-leash
dog park. 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 and
at the cost of the owner. The Animal Control Officer may impound in accordance
with this provision without first obtaining a warrant.
(b) Any unspayed female dog in the stage of estrus (heat) shall be confined
during such period of time in a house, building or secure structure or enclosure of
sufficient construction so as to prevent other dogs from gaining access to the confined
animal; provided, however, that this Subsection (b) shall not operate to prohibit the
controlled breeding of such animal with another dog if the owner of such other dog
consents to the breeding of the animals. The owner of any such dog who fails to confine
the same as required by this Section may be ordered by an Animal Control Officer to have
the animal confined in a boarding kennel, veterinary hospital or animal shelter; provided
that, upon the failure of the owner to do so within three (3) days, such dog may be
impounded by an Animal Control Officer. All expenses of such confinement shall be the
sole responsibility of the dog owner.
SECTION 8.
Section 11-4-16 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-16. - Disposition of impounded animals.
(a) As soon as practical after the impoundment of any animal pursuant to
Pueblo Municipal Code §11-4-13, §11-4-14, §11-4-15, §11-4-21 or for the abatement
of any nuisance provided for in this Chapter, notice of impoundment shall be posted
in a conspicuous place at the Pueblo Animal Shelter for five (5) consecutive days. If the
owner of the impounded animal can be determined by examination of the animal’s
vaccination tag or from other identifying tags or markings, immediate notice shall be given
to such owner.
(b) Any impounded animal may be redeemed by the owner upon payment of
the impound fee, care and feeding charges, veterinary charges, if any, and such other
charges as periodically established by the City or designated Shelter Operator. If the
animal has not been vaccinated \[for rabies\] and is required by the provisions of this
Chapter to be so vaccinated, the owner shall not be given custody of the animal until
steps are taken to so vaccinate the animal. Should a registered Doctor of Veterinary
Medicine be unavailable to perform the vaccination, the owner may obtain a rabies
voucher for the animal to be vaccinated at a later date and take the animal into his
or her custody. Unless otherwise modified by resolution of the City Council or by the
designated Shelter Operator, the redemption amounts identified herein shall be charged.
(1) Redemption amounts; impoundment. The redemption amount for
charges associated with the impoundment of an animal is \[thirty\] forty dollars
($\[30.00\] 40.00) for the first impoundment, \[forty\] fifty dollars ($\[40.00\] 50.00)
for the second impoundment and \[sixty\] seventy-five dollars ($\[60.00\] 75.00) for
the third impoundment and each impoundment thereafter within a twelve-month
period.
(2) Redemption amounts; daily care and feeding. The redemption
amount for charges associated with the daily care and feeding of an impounded
animal shall be as follows:
a. Impounded but not quarantined dog, \[ten\] fifteen dollars
($\[10.00\] 15.00) per day;
b. Impounded but not quarantined cat, \[ten\] fifteen dollars
($\[10.00\] 15.00) per day;
c. Impounded and quarantined dog, \[fifteen\] twenty dollars
($\[15.00\] 20.00) per day;
d. Impounded and quarantined cat, \[fifteen\] twenty dollars
($\[15.00\] 20.00) per day; and
e. All other animals, \[ten\] fifteen dollars ($\[10.00\] 15.00) per
day.
. . .
(h) Within ten (10) days of the impoundment of any animal pursuant to
Pueblo Municipal Code §11-4-13, §11-4-14, or §11-4-21, the redemption costs
associated with the first thirty (30) days of impoundment are due. Thereafter, costs
of care are due every subsequent thirty (30) days, unless the animal is abandoned
by the owner or voluntarily surrendered to the Pueblo Animal Shelter. In the event
an animal is returned to the owner before the end of a thirty (30) day period, the
Shelter shall refund the redemption costs for the time the animal was not
impounded. Should the owner of an animal fail to pay any amount due under this
subsection, the Municipal Court may order the owner to pay said amounts through
an order for restitution, declare the animal abandoned, or both order restitution
and declare the animal’s abandonment.
SECTION 9.
Section 11-4-18 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-18. - Spread of rabies.
(a) Whenever the Mayor, upon recommendation of the Health Department or
the City Council, shall apprehend the danger of rabies in the City, the Mayor shall issue
a proclamation requiring every person owning an animal to confine it securely on his or
her premises unless such animal shall be leashed and shall have a muzzle of sufficient
strength to prevent its biting any person or animal. Any dog or other animal at large during
the pendency of such proclamation shall be seized and impounded by the proper
authorities. Upon issuance of said proclamation, the owners of all \[cats\] animals shall
henceforth have said \[cats\] animals vaccinated in the same manner as provided by this
Chapter for the vaccination of dogs.
(b) Whenever the Mayor, upon recommendation of the Health Department
or a City department, finds that a specific animal poses an imminent danger to the
health, general welfare, or safety of persons or animals due to rabies, the Mayor
may declare said animal to be a nuisance to be immediately abated and order its
impoundment or euthanization and testing for rabies. Should an owner of the
animal, if any, refuse to comply with the Mayor’s order, the Municipal Court may
issue a warrant for the animal pursuant to Rule 241 of the Colorado Municipal Court
Rules.
(c) The City shall not bear the cost of impoundment, euthanization, or
testing for any animal seized pursuant to this Section. Should the owner of an
animal fail to pay any amount due, the Municipal Court may order the owner to pay
said amounts through an order for restitution.
SECTION 10.
Section 11-4-19 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-19. - Poisoning of animals.
It shall be unlawful and a Class 1 municipal offense for any person to poison any
wild or domesticated animal, including dogs and other household pets, or to distribute any
poison in any manner whatsoever with the intent or for the purpose of poisoning any wild
or domesticated animal; provided, however, that this Section shall have no application to
the use of poisons by licensed veterinarians, nor to the use of poisons designed to kill
insects or wild prairie dogs, rats and mice. The distribution of any poisons or poisoned
meats or foods, other than those designed to kill wild insects, rats, prairie dogs and/or
mice, shall constitute prima facie evidence of a violation of this Section. The intentional
provision of marijuana, marijuana products, alcohol, alcohol products, or illegal
substances to an animal, or failing to provide care and treatment for an animal that
has inhaled or ingested marijuana, alcohol, or an illegal substance, shall constitute
poisoning under this Section.
SECTION 11.
Section 11-4-20 of the Pueblo Municipal Code is hereby amended to add a new
subsection as follows:
Sec. 11-4-20. - Penalties.
. . .
(d) Each count under Section 11-4-21 is a separate offense that must be
charged separately and may not be aggregated. After a hearing an animal may be
forfeited or declared abandoned by order of the Municipal Court. In addition to
normal penalties, the Court may order that the defendant pay for rehabilitation of an
animal. If the Court determines rehabilitation is remote or impossible, the Court may
order humane euthanasia at the owner’s expense and in accordance with Chapter
4.5 of this Title XI.
SECTION 12.
Section 11-4-21 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-21. – \[Animals; cruelty to\] Cruelty to animals; humane care.
(a) It shall be unlawful and a Class 1 municipal offense for any person to commit
or to assist another in committing any act of cruelty, harassment, or abandonment \[or
torture\] to any animal, or to cause such animal to be wounded, \[mutilated,\] strangled, or
inhumanely killed. For the purpose of this Section, act of cruelty shall include but not be
limited to beating, mistreating, tormenting, overloading, overworking, neglecting, failing to
adequately feed, failing to provide necessary veterinary care, or otherwise abusing
any animal. Ownership of an animal shall not constitute a valid affirmative defense to a
charge of violating any of the provisions of this Section. \[It shall also be unlawful and a
Class 1 municipal offense for any person to cause, instigate or permit any dog fight or
combat between animals or between animals and humans.\]
(b) The Animal Control Officer has the discretion and authority, without a
warrant, to impound and keep any animal if the animal has suffered an act of cruelty
and the animal is at risk for suffering continued acts of cruelty if not impounded. An
animal impounded under this Section may not be returned to the owner until after a
hearing on the charge, at which time the Municipal Court may return the animal to
its owner, declare the animal forfeited and impounded, or order humane euthanasia
in accordance with Chapter 4.5 of this Title XI if deemed necessary for public health
and safety. The owner of the impounded animal shall be responsible for the payment
of all charges and fees, including those for impoundment, boarding, euthanasia,
disposal, veterinary and all other services as needed. When a veterinarian, animal
shelter, Animal Control Officer or law enforcement officer has determined that an
animal is critically ill or injured, is suffering extreme pain or has a poor prognosis
for recovery, nothing in this Chapter shall be construed to prevent the immediate
destruction of such domestic or wild animal.
(c) It shall be unlawful and a municipal offense to leave an animal in an
unattended vehicle without adequate ventilation or in any manner which subjects
the animal to extreme temperatures that are dangerous or detrimental to the animal’s
health or welfare. The Animal Control Officer has discretion to enter the vehicle to
retrieve the animal if they reasonably believe that the animal’s life is in danger and
the officer is unable to locate or contact the owner, or if other exigent circumstances
exist.
(d) It is a finding of the City that tethering an animal leads to under-
socialization and greater aggression in an animal, threatening public health and
safety. Therefore, it shall be unlawful to tether an animal for a cumulative total of
more than four (4) hours in any twenty-four (24) hour period or to otherwise fail to
meet the requirements of this section. It shall be unlawful to tether an animal for a
cumulative total of more than thirty (30) minutes where the weather is detrimental to
the health and safety of the animal, including, but not limited to, temperatures of
ninety (90) degrees or over, or temperatures of forty (40) degrees or lower. Animals
shall not be tethered outside during persistent rain, sleet, hail, or snow, or other
dangerous conditions. It shall be unlawful to tether an animal in such a way that the
animal presents a substantial risk of hanging or injuring itself, including through
entanglement in dangerous debris. An animal control officer or other peace officer
observing and recording the tethered animal at least once an hour shall create the
rebuttable presumption that the animal was tethered in between said observations.
For the purpose of tethering a dog, a chain, leash, rope, or other tether shall be at
least ten (10) feet long. However, the tether may be shorter to, and must in all cases,
restrict the dog and keep it at least six (6) feet from the property line or any public
sidewalk or right-of-way. It shall be unlawful to use a tether that is excessively heavy
and endangers the health of an animal. Violation of this Subsection shall constitute
cruelty to the animal and be a Class 1 municipal offense.
(e) No owner of an animal shall fail to provide it with minimum care and to
ensure that its enclosure is not overcrowded, unclean, or unhealthy.
(f) An animal is deprived of minimum care if it is not provided with care
sufficient to preserve the health and well-being of the animal considering the
species, breed and type of animal; and, except for emergencies or circumstances
beyond the reasonable control of the owner, minimum care includes, but is not
limited to, the following requirements:
(1) Food of sufficient quantity and quality to allow for normal growth
or maintenance of body weight. Food receptacles should be located for easy
accessibility to the animal and to minimize contamination from trash, debris
and waste.
(2) Open or adequate access to potable water in sufficient quantity
to satisfy the animal's needs. Water receptacles must be kept clean and
sanitary.
(3) In case of animals other than livestock or poultry, access to a
barn, doghouse or other enclosed structure:
a. Sufficient to protect the animal from wind, rain, snow, sun,
or other elements of the weather;
b. Which has adequate bedding to protect against cold and
dampness;
c. Which is large enough to prevent overcrowding and to
allow the animal to turn about freely and to easily stand and lie in a
comfortable normal position;
d. Which is structurally sound and maintained in good repair
so as to contain the animal and protect it from injury and adverse
conditions; and
e. That is adequately ventilated to provide for the health and
comfort of the animal.
(4) Veterinary care deemed necessary by a reasonable and prudent
person to relieve distress from injury, neglect or disease.
(5) Premises on which the animals are kept shall be kept clean,
healthy and in good repair to protect the animal from injury and disease and
so that the animal can avoid contact with feces, urine, moisture, trash or
debris.
SECTION 13.
Section 11-4-24 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-24. - Disposition of animal carcasses.
It is hereby declared to be a nuisance and it shall be unlawful and a municipal
offense for any person to permit the carcass of any animal to remain upon property
owned, controlled or occupied by such person in the City for a period of more than twenty-
four (24) hours following the death of such animal, or to bury the carcass of any animal
upon any property within the City. It shall be unlawful to dump or abandon any dead
animal on any public or private property within the City. If any animal dies on public
property, it may be removed by an Animal Control Officer or law enforcement
officer. The owner shall be responsible for disposal fees in addition to penalties for
violation of Section 11-4-15 of this Chapter, if applicable.
SECTION 14.
Section 11-4-26 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-26. - Maiming; abandoning; rendering aid.
It shall be unlawful and a municipal offense for any person to abandon any \[dog
or other small\] animal or to fail to stop and attend to such animal if such person strikes it
with a vehicle, or to in any way maim or harm any such animal.
SECTION 15.
Section 11-4-29 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-29. – \[Reserved\] Enjoinment.
Any person convicted of a crime and sentenced for a violation of Section 11-
4-14 (Dangerous animals; potentially dangerous animals), 11-4-15 (Restraining), or
11-4-21 (Cruelty to animals; humane care) may at the discretion of the Municipal
Court be enjoined from owning any animals as defined by Section 11-4-1 of the
Pueblo Municipal Code, or otherwise maintaining any animals on their property
within the City limits, for up to one year, along with any other appropriate penalty
imposed by the Municipal Court.
SECTION 16.
Section 11-4-31 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-31. - Keeping of animals and fowl which disturb comfort, peace,
etc., of neighborhood.
(a) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to keep or permit upon any parcel of land within the City
any animal or fowl which by any sound, cry, or offensive odor shall disturb the peace and
comfort of any neighborhood, or interfere with any person in the reasonable and
comfortable enjoyment of life or property, or in any other manner present an unreasonable
hazard to the public health, safety, or welfare.
(b) For the purpose of this Section, it shall be presumed that the barking,
whining, howling, baying or crying of any dog continuously for a period of time in excess
of \[five\] ten (10 \[5\]) minutes or intermittently for a period of time in excess of one (1)
hour, which is plainly audible from a distance of twenty-five (25) feet from the property
line of the premises where the dog is kept, constitutes a nuisance. The presumption may
be rebutted by evidence that such barking, whining, howling, baying or crying was
caused, at that relevant time, by either taunting of the dog by a person or persons other
than the owner or person in control of the dog, injury to the dog which is not the result of
neglect or abuse by the owner or person in control of the dog, or trespass upon the
premises where the dog is kept.
SECTION 17.
Section 11-4-32 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-32. - Nuisances; certain fowl and animals.
(a) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to suffer or permit any chicks, chickens, geese, ducks
or turkeys, or any hare or hares, rabbit or rabbits, rat or rats, \[or\] cavy or cavies, or other
fowl or rodents owned or controlled by such person to run at large or to go upon the
premises of any other person in the City.
(b) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to keep or maintain any chicks, chickens, geese, ducks,
turkeys, pigeons, doves, \[or\] squabs, or other fowl in an enclosed structure or building
within eight (8) feet of the property line of any adjacent improved lot or parcel of land or
in an unenclosed structure or open pen or run within fifteen (15) feet of such property line
or, whether enclosed or unenclosed, within fifty (50) feet of any dwelling other than that
occupied by such person.
(c) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to keep or maintain any hare or hares, rabbit or rabbits,
rat or rats, \[or\] cavy or cavies, or other rodents in any structure, enclosed or
unenclosed, within ten (10) feet of the property line of any adjoining improved lot or parcel
of land or within forty (40) feet of any dwelling other than that occupied by such person.
. . .
(f) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to keep or maintain in the City more than ten (10) rabbits,
hares, rats or cavies over the age of eight (8) months, and the offspring of such rabbits,
hares, rats or cavies.
. . .
SECTION 18.
Section 11-4-33 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-33. - Prohibited animals.
(a) It is hereby declared to be a nuisance, and it shall be unlawful and a
municipal offense for any person to keep, pasture or maintain in the City any wild animals,
poisonous snakes, constricting snakes over twelve (12) feet in length, hogs, pigs, swine,
sheep, horses, emus, rheas, ostriches, llamas, cattle, pea fowl, guinea hens or goats,
except in a public zoo; except that hogs, pigs, swine, sheep, horses, cattle, pea fowl,
guinea hens or goats may be kept upon land zoned for agricultural use, provided that said
animals are kept, pastured and maintained in compliance with this Chapter and all
applicable ordinances of the City.
(b) Notwithstanding anything to the contrary in Subsection (a) of this Section, it
shall not be unlawful for any person to possess, harbor, keep or maintain not more than
\[one (1)\] two (2) domesticated pot-bellied pig upon any premises within the City,
provided that said person complies with all other provisions of this Chapter.
Domesticated pot-bellied pigs shall not exceed one hundred (100) pounds. Any
such pigs must be registered with the Pueblo Animal Shelter, spayed or neutered
if over two (2) months old, and vaccinated. Pot-bellied pigs must be licensed under
P.M.C. 11-4-43, 11-4-44, 11-4-45, and 11-4-46.
(c) Notwithstanding anything to the contrary in Subsection (a) of this
Section, it shall not be unlawful for any person to possess, harbor, keep or maintain
not more than two (2) domesticated miniature goats upon any premises within the
City. Domesticated miniature goats shall not exceed one hundred (100) pounds.
Any such goats must be registered with the Pueblo Animal Shelter, neutered if over
two (2) months old, vaccinated, and hornless or debudded. Miniature goats must
be licensed under P.M.C. 11-4-43, 11-4-44, 11-4-45, and 11-4-46. The person
possessing, harboring, keeping or maintaining the goat or goats must comply with
all other provisions of this Chapter.
(d) Any animal which constitutes a known safety or health hazard or other
type of nuisance, may at the order of the Mayor be impounded in accordance with
this Chapter and shall not be released to the owner or any other person; provided,
however the animal may be released to the appropriate authorities or zoo if
applicable. Animals may be humanely euthanized in accordance with Chapter 4.5
of this Title XI if in the opinion of the License Officer the animal constitutes a safety
or health hazard.
SECTION 19.
Section 11-4-43 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-43. - Licenses.
(a) It shall be unlawful and a Class 2 municipal offense for any person to own,
keep or harbor \[a dog or cat\] an animal over the age of \[six (6)\] four (4) months within
the City without obtaining a license for such \[dog or cat\] animal.
(b) This Section shall not apply to \[dogs or cats\] animals:
(1) Temporarily within the City for not more than thirty (30) days;
(2) Located in licensed pet shops or at licensed dog racing
facilities; or
(3) Held for redemption or sale by a licensed animal shelter.
(c) A special license shall be created for animals adjudicated to be
dangerous or potentially dangerous, where it shall be unlawful and a Class 2
municipal offense for any person to own, keep or harbor a dangerous or potentially
dangerous animal without first obtaining such a license.
SECTION 20.
Section 11-4-44 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-44. - License application; issuance.
(a) Applications for licenses shall be made on forms furnished by the License
Officer.
(b) Upon presentation of an application together with a copy of the vaccination
certificate or the Exemption from Rabies Vaccination Form issued for the \[dog or cat\]
animal 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 \[dog or cat\] animal 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 \[dog or cat\] animal, the applicant shall in addition furnish
satisfactory evidence that the \[dog or cat\] animal has been spayed/neutered, which
evidence may consist of a certificate signed by a veterinarian or the affidavit of the owner
that the \[dog or cat\] animal has been spayed/neutered. Without such evidence, the
license issued and fee paid shall be for \[a dog or cat\] an animal which has not been
spayed/neutered.
. . .
(g) A license for a dangerous or potentially dangerous animal shall meet
the requirements of this Section and at a minimum incorporate the terms of any
protective order issued in relation to the animal. The License Officer may add terms
and conditions that he or she deems necessary to effectuate care of the animal or
compliance with the protective order. Should an owner of a dangerous or
potentially dangerous animal fail to comply with the terms of this license in a timely
manner and reinspection of the animal or animal’s premises is required, the
License Officer may impose a reasonable fee for the time and cost of said
reinspection.
SECTION 21.
Section 11-4-45 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-45. - Licenses; expiration; fees.
(a) Licenses and tags may be issued and be valid for one (1) year or three (3)
years from the date of issuance.
(b) The license fee for one (1) year shall be twenty-five dollars ($25.00) for each
\[dog or cat\] animal which has not been spayed/neutered or twelve dollars ($12.00) for
each \[dog or cat\] animal which has been spayed/neutered.
(c) The license fee for three (3) years shall be sixty-five dollars ($65.00) for
each \[dog or cat\] animal which has not been spayed/neutered or thirty-three dollars
($33.00) for each \[dog or cat\] animal which has been spayed/neutered.
. . .
(g) No license fee shall be required for:
(1) Guide dogs for the blind or deaf;
(2) Service dogs used by the handicapped; \[or\]
(3) Law enforcement service and rescue dogs\[.\]; or
(4) An animal where the License Officer waives said fee. The
License Officer may also charge a reduced or discounted fee at his or her
discretion.
. . .
(j) There shall be a ten dollar ($10.00) late fee for any license or tag
expired for more than a week.
(k) Licenses and tags for dangerous or potentially dangerous animals
may be issued and valid for one (1) year from the date of issuance. The initial
license fee, and any renewal fee, shall be one hundred dollars ($100.00) for
dangerous animals and fifty dollars ($50.00) for potentially dangerous animals.
Should a protective order be removed, a dangerous or potentially dangerous
animal shall no longer be required to obtain a special license, and thereafter, the
owner shall instead obtain a regular license for the animal.
SECTION 22.
Section 11-4-46 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-46. - License tags.
(a) It shall be unlawful and a Class 2 municipal offense for an owner of a dog
over the age of four (4) months or older to fail to cause the license tag to be attached to
the collar, harness or other device worn by the licensed dog and to thereafter maintain
the license tag upon such dog. If any dog is found not wearing a collar with the license
tag attached, the owner of the dog shall be deemed in violation of this Section.
(b) It shall not be required of the owner of any \[cat\] other animal to affix the
license tag to the licensed \[cat\] animal; however, it shall be unlawful and a Class 2
municipal offense for the owner of \[a cat\] an animal to fail or refuse to exhibit the tag
issued for the \[cat\] animal and his or her copy of the license receipt upon demand of any
person enforcing this Chapter.
SECTION 23.
Section 11-4-48 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4-48. - Sale in public places.
(a) No person shall display any \[dog or cat\] animal for the purpose of selling
or giving the \[dog or cat\] animal away:
(1) On any street, highway, alley, sidewalk, public place or park; or,
(2) In an open area where the public is invited by the owner or person
controlling such area, including, but not limited to, areas exterior to shops or
businesses, carnivals and flea markets.
(b) Subsection (a)(2) above shall not be applicable to the display of any \[dog
or cat\] animal for adoption by the Shelter Operator or by a tax-exempt nonprofit
organization whose purpose is to protect \[dogs and cats\] animals, including the humane
treatment and disposition of \[dogs and cats\] animals; provided, however, that such
organization:
(1) Holds a current license issued under the Colorado Pet Animal Care
and Facilities Act for a pet animal facility located in Pueblo County, Colorado,
(2) Does not engage in the business of breeding or raising \[dogs and
cats\] animals, and
(3) Does not coax or cajole any person to adopt \[a dog or cat\] an animal.
(c) It shall be unlawful and a Class 2 municipal offense for any person to violate
any provision of this Section.
SECTION 24.
Section 11-4-55 of the Pueblo Municipal Code is hereby amended to read as
follows:
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 \[vicious\] dangerous animal shall be confined and euthanized, if
appropriate, as provided in Chapter 4.5 of this Title XI.
(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 25.
Section 11-4.5-4 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 11-4.5-4. - Animal holding periods.
. . .
e. Nothing in Section 11-4.5-4(d)(i), (ii) and (iii) prevents an animal shelter from
euthanizing an irremediably suffering animal, a \[vicious\] dangerous 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).
SECTION 26.
Section 11-4.5-5 of the Pueblo Municipal Code is hereby amended to read as
follows:
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 \[vicious\]
dangerous behavior towards people or adjudged to be \[vicious\] dangerous by a court
of competent jurisdiction.
. . .
SECTION 27.
Section 11-4.5-7 of the Pueblo Municipal Code is hereby amended to read as
follows:
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 \[vicious\] dangerous
animals, to ensure staff safety. Neuromuscular blocking agents shall not be used.
. . .
SECTION 28.
The officers and staff of the City are authorized to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 29.
This Ordinance shall become effective thirty (30) days following final passage and
approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 22, 2021 .
Final adoption of Ordinance by City Council on April 12, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on April 15, 2021 .
□ 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 # R-9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 22, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Belinda Kimball, Acting City Clerk
FROM: Lindsey Vigna, Assistant Director of Animal Law Enforcement, Humane Society of
the Pikes Peak Region
Trevor Gloss, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE I AND TITLE XI OF THE PUEBLO
MUNICIPAL CODE WITH REGARDS TO ANIMALS AND ANIMAL CONTROL,
AND IMPOSING NEW REQUIREMENTS AND PENALTIES IN ACCORDANCE
THEREWITH
SUMMARY:
Attached for consideration is an amendment to the Pueblo Municipal Code relating to animals
and animal control and imposing requirements and penalties in accordance therewith.
PREVIOUS COUNCIL ACTION:
There has been no previous City Council action with regards to this Ordinance.
BACKGROUND:
Portions of the animal control code have not been updated in several years, where some sections
are the same as originally enacted in 1957. The amendments here are intended to update the
code to address the needs and desires of the community while also preventing potential
nuisances. The code will be further expanded to include most, if not all, animals and will include
regulations thereto. New regulations will include: (i) the creation of a “potentially dangerous
animal” charge, which is a lesser offense than “vicious animal” and provides additional avenues
to address dangerous animals; (ii) a new class of license for “multiple animals” that is not specific
to cats and dogs, and limits on the number of animals without such a license; (iii) clearer authority
for the powers and roles of animal control officers; (iv) greater protections against the spread of
rabies; (v) slightly increased fees to address the increased cost of impoundment and care; and
(vi) additional crimes constituting “cruelty to animals.”
FINANCIAL IMPLICATIONS:
Impoundment fees to address the cost of boarding and the care of animals were increased by
Ordinance No. 7275 on January 24, 2005 and again six (6) years later by Ordinance No. 8326 on
March 28, 2011. It has been about ten (10) years since the last increase in impoundment fees
and the costs of boarding and caring for impounded animals have increased. The proposed fees
will match the increased costs of care.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, the Pueblo Municipal Code will not be amended
to reflect the proposed changes.
RECOMMENDATION:
Not applicable to this Ordinance.
Attachments: Proposed Ordinance