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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