HomeMy WebLinkAbout10145ORDINANCE NO. 10145
AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO
MUNICIPAL CODE TO CORRECT TERMINOLOGY FOR
VENOMOUS ANIMALS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 11-1-405 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 11-1-405. - Nuisances.
(a) Definitions. As used in this Section:
(1) Nuisance shall mean any substance, condition or activity which results in a
condition detrimental to the health or safety of any of the inhabitants of the City, and
includes but is not limited to those substances, conditions and activities specifically
deemed to be nuisances either by this Chapter or by any other ordinance of the City.
(2) Wild or dangerous animal shall mean and include any and all species of:
(i) \[poisonous\] venomous reptiles; (ii) lizards belonging to the family Varanidae; (iii)
crocodilians with a length greater than one (1) foot; (iv) all species of nonhuman mammals
excepting the: (A) domestic cat (Felis catus); (B) Chinchilla (Chinchilla laniger); (C)
domestic dog (Canus familiaris); (D) domestic ferret (Mustelaputoris furo); (E) Mongolian
gerbil (Meriones unguicularus); (F) guinea pig (Cavia porcellus); (G) hamster
(Mesocricetus auratus); (H) domestic mouse (Mus domesticus); (I) domestic rabbit
(Orycholagus cuniculus); (J) domestic rat (Rattus rattus albino strain); (K) squirrel monkey
(Saimiri scuirous); (L) owl monkey (Aotus trivirgatus); (M) wooley monkey (Lagothrix
lagothrica); (N) horse; (O) mule; (P) donkey; (Q) burro; (R) cow or bull; (S) sheep; (T) goat;
(U) pig; (V) chicken; (W) goose; (X) duck; (Y) turkey; or (Z) honeybee, provided, however,
that the number of honeybees does not exceed the number contained in two (2) beehives
located on the same property. For purposes of subparagraph (Z), a beehive shall mean
any container housing no more than one (1) colony of honeybees including one (1) queen
bee.
…
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:
. . .
(14) Wild animal shall mean any species of animal which exists in a natural
unconfined state and is not commonly domesticated or suitable for domestication. The
term specifically includes, without limitation, all species of \[poisonous\] venomous
reptiles, lizards belonging to the family Varanidae and crocodilians.
. . .
SECTION 3.
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, \[poisonous\]
venomous 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 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. Sections 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. Sections 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 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and to implement the policies and procedures described therein.
SECTION 5.
This Ordinance shall become effective thirty (30) days after final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on March 14, 2022 .
Final adoption of Ordinance by City Council on March 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 30, 2022 .
□ 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
City Clerk
City Clerk’s Office Item # R-13
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 14, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Mike Miller, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE TO
CORRECT TERMINOLOGY FOR VENOMOUS ANIMALS
SUMMARY:
Attached for consideration is a text amendment that will amend Title XI of the Pueblo Municipal
Code, correcting language for venomous animals.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Pueblo Municipal Code, as originally enacted, prohibits poisonous animals as pets within the
City. However, “poisonous” refers to something that is ingested, whereas “venomous,” the correct
term, refers to an animal that injects poison when it bites. This ordinance corrects the language
of the code, clarifying that the provisions apply to venomous animals.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the code is not amended in accordance with this Ordinance, issues with regards to enforcement
could occur.
RECOMMENDATION:
Staff recommends approval of this Ordinance.
Attachments:
Proposed Ordinance