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HomeMy WebLinkAbout10324 ORDINANCE NO. 10324 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO ALLOW ANIMAL SHELTER PERSONNEL TO ADMINISTER ANIMAL VACCINATIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-4-1 of Chapter 4 of Title XI 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 domesticated mammals, reptiles, birds, amphibians, and other domesticated creatures. The term does not include humans. 3. 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. 4. At large shall mean off the premises of its owner or person having charge thereof, and not under the direct physical control of the owner or other responsible person by either leash, cord or chain. An animal within the automobile or an enclosed portion of any other motor vehicle of its owner or other authorized person shall not be deemed to be at large. An animal which is not restrained or tethered and is left unattended in an unenclosed portion of a motor vehicle shall be deemed to be at large. 5. Harboring or keeping shall mean the act of keeping or caring for an animal or the act of providing a premises to which an animal returns for food, shelter or care for a period of three (3) days or more. 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 (1) person for the purposes of this Chapter. 8. License Officer shall mean the Shelter Operator or, if none, the Director of Finance, or his or her designee. 9. Manure shall mean the excrement of any domestic animal or fowl and all stable bedding. 10. Lot or parcel of land shall mean any area of land in the City under one (1) ownership as shown on the last assessor's roll of the County, or any area of land under legal control of any person. 11. Improved lot shall mean any lot or parcel of land on which is located a dwelling house, occupied or unoccupied. 12. Property line shall mean the boundary of any lot or parcel of land as the same is described in the conveyance to the owner of such lot or parcel, and shall not include the street or any portion thereof upon which said lot or parcel may abut; provided, however, that for purposes of this Chapter, the property line of a lot or parcel abutting on an alley shall be deemed to extend to the centerline of such alley. 13. Fence shall mean an enclosing structure of any construction with sufficient strength, durability and dimensions to prevent an animal from straying from within. 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 venomous reptiles, lizards belonging to the family Varanidae and crocodilians. 15. Domesticated pot-bellied pig shall mean a domesticated porcine animal of the species Sus scrofa vittatus which meets both of the following criteria: (i) the animal shall not exceed one hundred (100) pounds in weight, and (ii) if over four (4) months of age, the animal shall be spayed or neutered. 16. Neglect or neglecting means failure to provide food, water, protection from the elements or other care generally considered to be normal, usual and accepted for an animal's health and well-being consistent with the species, breed and type of animal. 17. Mistreatment means neglect and every other act or omission which creates a substantial probability of causing injury to or unnecessary suffering by an animal. 18. Abandon or abandoning shall mean the leaving of an animal by a person having possession or custody of the animal under circumstances where the animal will not likely be provided with adequate food, water or protection from the elements. 19. Shelter Operator shall mean the Animal Control Division of the Police Department, except that if the City has entered into a management agreement with a nonprofit corporation which assigns and delegates to such entity the authority and responsibility to enforce this Chapter and to manage and operate the Animal Shelter and the administration of the vaccination and licensing system provisions of this Chapter, the term shall instead mean such entity. 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. 22. Vaccinating veterinarian shall mean a veterinarian who physically administers a vaccination to an animal, as well as a veterinarian under whose supervision a vaccine is administered to an animal, regardless of whether said administration is done under direct or indirect supervision SECTION 2. Section 11-4-2 of Chapter 4 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-4-2. – Vaccinations. (a) Definitions. When used in this Section: 1. Indirect supervision means supervision where the vaccinating veterinarian directs or supervises the authorized delegated treatment or collection of diagnostic information of a patient at the veterinary premises without being on the premises but readily available for communication. 2. Animal shelter shall have the same meaning as set forth in §35-80-102 of the Colorado Revised Statutes (C.R.S.), as may be amended. (b) Every owner of a dog four (4) months old or older shall have such dog vaccinated against rabies by: (i) a licensed veterinarian, (ii) by a person under the direct supervision of a licensed veterinarian and who has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events, or (iii) with respect to animal shelter-owned animals, by a person working on behalf of an animal shelter if the person is under the indirect supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events. 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. (c) Every owner of a cat four (4) months old or older shall have such cat vaccinated against rabies by: (i) a licensed veterinarian, (ii) by a person under the direct supervision of a licensed veterinarian and who has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events, or (iii) with respect to animal shelter-owned animals, by a person working on behalf of an animal shelter if the person is under the indirect supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events. 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. (d) Every owner of a ferret four (4) months old or older shall have such ferret vaccinated against rabies by: (i) a licensed veterinarian, (ii) by a person under the direct supervision of a licensed veterinarian and who has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events, or (iii) with respect to animal shelter-owned animals, by a person working on behalf of an animal shelter if the person is under the indirect supervision of a licensed veterinarian and has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events. 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. (e) 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. (f) A valid veterinary-client-patient relationship, as defined under Section 12-315-104(19), C.R.S., as may be amended, must have been established between the veterinarian, owner and animal in order for a veterinarian to issue a written exemption. (g) It shall be unlawful and a Class 2 municipal offense for any 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 3. 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 October 24, 2022. Final adoption of Ordinance by City Council on November 14, 2022 . President of City Council Action by the Mayor: ☒ Approved on November 17, 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 # R8 Background Paper for Proposed Ordinance October 24, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: James Wagner, Assistant City Attorney Lindsey Vigna - Assistant Director of Animal Law Enforcement HSPPR SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE TO ALLOW ANIMAL SHELTER PERSONNEL TO ADMINISTER ANIMAL VACCINATIONS SUMMARY: Attached for consideration is a set of amendments that will define what constitutes a vaccinating veterinarian, to add contextual definitions and define who is authorized to administer animal vaccinations, and to add the requirement that the name of the person administering an animal vaccination be included on the vaccination form provided to the licensing officer. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Effective June 8, 2022, Governor Polis signed HB22-1235 into law. HB22-1235 provided for many changes within the Veterinary Practices Act. Said legislation expanded the ability of non-veterinarians to administer animal vaccinations under certain statutory conditions, dependent upon the administration of said animal vaccines was done under direct or indirect supervision. Section 11-4-2 of the Pueblo Municipal Code currently regulates vaccinations within the City of Pueblo and requires the vaccination to be administered by a licensed veterinarian. Passage of the attached ordinance will bring the City’s Code in line with state law and provide additional definitions necessary for that purpose. Additionally, passage of the attached ordinance will allow for more expeditious vaccinations of animals by a licensed animal shelter. FINANCIAL IMPLICATIONS: There are no financial implications. 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, vaccinations within the City of Pueblo will not be in conformity with state law. RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: None