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HomeMy WebLinkAbout10382ORDINANCE NO. 10382 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE, UPDATING THE PROVISIONS FOR DANGEROUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-4-14 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-4-14. Dangerous animals; potentially dangerous animals. (a) Definitions. As used in this Section, the following words have the following meanings: (1) Serious bodily injury means any physical injury that results in severe bruising, muscle tearing, skin laceration, or any physical injury that requires corrective or cosmetic surgery. (2) 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 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 Dangerous Animal. It shall be unlawful and a Class 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 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. 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 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 animal which causes injury to a domestic animal, said domestic animal was biting or otherwise attacking the animal or its owner; (3) At the time of the attack by the animal which causes injury to a person, the victim of the attack was committing or attempting to commit a criminal offense against the animal's owner, and the attack did not occur on the owner's property; (4) At the time of the attack by the animal which causes injury to a person, the victim of the attack was committing or attempting to commit a criminal 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 animal tormented, provoked, abused or inflicted injury upon the animal in such an extreme manner which resulted in the attack. (e) Protective Order. Upon entry of sentence pursuant to a plea of or finding of guilt, the Municipal Court shall order upon violation of Subsection (b), and may order upon violation of Subsection (c), the defendant to: (1) Confine such animal in a building or enclosure designed to be escape- proof and, whenever such animal is outside of such building or enclosure, the 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 Dangerous Animal" or "Beware of Potentially Dangerous Animal," as applicable. (3) Immediately report to the Shelter Operator any material change in the animal's situation, including but not limited to a change of address, escape or death. (4) At the defendant's expense, permanently identify the 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 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. (f) Violation, Failure to Comply. It shall be unlawful and a strict liability offense for any person convicted of violating Subsection (b) or (c), or a subsequent owner, possessor, keeper, or handler of a Dangerous Animal or Potentially Dangerous Animal subject to a protective order, who has been personally served with a copy of the protective order issued under Subsection (e), to continue to own, possess, harbor, keep or control the 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. (h) Violation, Breeding of 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 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. (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 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 may direct the owner to pay all impounding fees. Subject to the foregoing limitation and the exception noted herein, an impounded 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 dangerous animal shall be sold or put up for adoption except in accordance with Chapter 4.5 of this Title XI. Any 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 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. (j) Application. Subsections (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 animal which causes the death of a person; (3) To any animal that inflicts injury upon any veterinary health care worker, groomer, humane agency personnel, professional handler, trainer or 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 2. 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 3. 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 January 23, 2023 . Final adoption of Ordinance by City Council on February 13, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 15, 2023 . □ 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 Deputy City Clerk City Clerk's Office Item # R8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 23, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE, UPDATING THE PROVISIONS FOR DANGEROUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS SUMMARY: Attached for consideration is a text amendment to Chapter 4 of Title XI of the Pueblo Municipal Code, updating Section 11-4-14 – Dangerous Animals, Potentially Dangerous Animals. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Pueblo Municipal Code Section 14 of Chapter 4, Title XI, omits language in subsection (f) making it an offense to fail to comply with protection orders associated with ownership of a dangerous animal if you are not the person who owned the dangerous animal at the time of its dangerous designation. In other words, subsequent owners of animals designated as dangerous are not currently included in the statute penalizing failure to comply with the provisions of the protection order, which restricts how the animal is to be cared for and maintained. Changes are needed to bring the provisions up to date with current law and to create an enforceable requirement. This Ordinance makes those changes. 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, subsequent owners of dangerous animals will not be required to comply with protective orders. RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: None