HomeMy WebLinkAbout06600ORDINANCE NO. 6600
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF
THE 1971 CODE OF ORDINANCES RELATING TO ANIMALS
AND ANIMAL CONTROL, AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates new matter being added)
SECTION 1
Chapter 4 of Title XI of the Pueblo Municipal Code, as amended, is hereby amended to read
as follows:
Sec. 11 -4 -1. Definitions.
As used in this Chapter, the term:
(1) Ownershall 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) Animalshall mean all warm- blooded domesticated mammals including both
male or female, whether [neutered or] sterilized or not sterilized
(3) Vicious animal shall mean any animal that without provocation bites or
attacks a human being or another animal, either on public or private property, 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.
(4) At large shall mean off the fenced premises of the owner. 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 lary-e
(5) Harboringor 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 person for the purposes of this Chapter.
(8) License officer shall mean the [City Manager] Director of Finance or his or
her designee.
(9) Manureshall mean the excrement of [all] any domestic animal[s] 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 poisonous 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 bittatus [which has been registered with the Pot - bellied Pig Registry
Service, Inc., or other recognized registry service for pot - bellied pigs, and] 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) Neglector 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.
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.(17) Mistreatmenimeans neglect and every other act or omission which creates a
substantial probability of causing injury to or unnecessary suffering by an animal.
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 City's Department of Animal Control except
that if the City has entered into a management agreement with a non - profit corporation which
assigns to such entity the responsibility for management and operation of the Animal Shelter
and administration of the vaccination tag system, the term shall instead mean such entity.
Sec. 11 -4 -2. Vaccinations.
(a) Every owner of a dog [four (4)] three 3 months old or older shall have such
dog vaccinated by a licensed veterinarian. If a dog [four (4)] three 3 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)] three 3 months old or older shall have such
cat vaccinated against rabies by a licensed veterinarian. If a cat [four (4)] three 3 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 domesticated pot - bellied pig four (4) months old or older
shall have such domesticated pot - bellied pig vaccinated against rabies by a licensed
veterinarian. If a domesticated pot - bellied pig 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)] It shall be unlawful and a municipal offense for any dog[,] or cat for
domesticated pot - bellied pig] owner required by this Section to have his or her animal
vaccinated to fail to have said animal so vaccinated.
Sec. 11 -4 -3. Certificate of vaccination.
Upon vaccination, the veterinarian administering the vaccine shall execute in triplicate a
signed vaccination certificate upon forms furnished by the Shelter Operator which have been
approve by the License Officer. The certificate shall contain the following information:
(1) The name, address and telephone number of the owner of the vaccinated
dog[,] or cat[ or domesticated pot - bellied pig];
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(2) The date of vaccination;
(3) The breed, age, color and sex of the vaccinated dog[,] or cat[ or domesticated
pot - bellied pig];
(4) The expiration date of vaccination;
(5) A statement indicating whether the animal has been surgically sterilized.
(W The number of the vaccination tag issued.
The veterinarian shall deliver a copy of the certificate to the owner, retain the original for his
or her files, and send a copy to the [License Officer] Shelter Operator It shall be unlawful
and a municipal offense for any owner of any dog[,] or cat [or domesticated pot - bellied pig]
to fail or refuse to exhibit his or her copy of the vaccination certificate upon demand to any
person charged with enforcement of this Chapter.
Sec. 11 -4 -4. Vaccination tags.
(a) Upon vaccination of any dog or cat, the vaccinating veterinarian shall issue
to the owner of each vaccinated dog or cat a vaccination tag furnished by the [License
Officer] Shelter Operator Such tags shall be serially numbered and the number of the tag
shall be noted on the vaccination certificate.
(b) Every owner of a dog four (4) months old or older shall securely cause the
vaccination tag to be attached to a collar, harness or other device worn by the vaccinated dog,
and shall thereafter maintain the vaccination tag upon such dog. It shall be unlawful and a
municipal offense for the owner of any dog four (4) months old or older to permit or tolerate
his or her dog not to wear a vaccination tag.
(c) It shall not be required of the owner of any cat to affix the vaccination tag to
the vaccinated cat; provided that the owner exhibit a certificate of vaccination as provided
in Section 11 -4 -3 of this Chapter.
Sec. 11 -4 -5. Lost tags; reissuance.
In the event of a loss of a dog vaccination tag, the owner shall return to the vaccinating
veterinarian and upon application for a replacement tag and payment of a reissuance fee in
the amount of three dollars ($3.00) or such other amount as may be established by the City
Council by resolution, obtain a new vaccination tag and vaccination certificate. In the event
of a loss of a cat vaccination tag, the owner may, but is not required, to obtain a new
vaccination tag from the vaccinating veterinarian upon application and payment of the three
dollars ($3.00) or other reissuance fee established by resolution. Any such reissued tag and
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certificate shall be valid only for the unexpired remainder of the lost tag's term. The
vaccination certificate issued hereunder shall state "Reissued" upon the face but shall
otherwise conform to the requirements of this Chapter.
Sec. 11 -4 -6. Term of validity of vaccinations.
Vaccination tags shall be valid for a period of [twenty -four (24)] thim -six 361 months from
the date the animal is vaccinated. The shape of vaccination tags issued in any calendar year
shall not be used for vaccination tags issued in the subsequent four (4) calendar years.
Sec. 11 -4 -7. Restrictions on use of vaccination tag and certificates.
(a) Only the vaccination tags and certificates provided by the Shelter Operator,
the form and We of which has been approved by the License Officer, may be issued through
veterinarians. Possession or use of any other form or facsimile of tag or certificate, or of any
altered, counterfeit or forged tag or certificate, shall be unlawful and a municipal offense.
(b) Vaccination certificates may only be used for, and vaccination tags worn by,
the animal for which the tag and certificate were issued. It shall be unlawful and a municipal
offense for any person: (1) to use or attempt to use any certificate as proof of vaccination of
any animal other than the one for which it was issued; (2) to affix a vaccination tag to any
animal other than the one for whom it was issued; or (3) as owner, to permit or tolerate his
or her animal to wear any vaccination tag other than the one validly issued for that animal.
Sec. 11 -4 -8. Impoundment of stray cats.
In addition to the authority granted to [Humane] Animal Control Officers elsewhere in this
Chapter, any [Humane] Animal Control Officer shall have authority to trap or apprehend, and
to impound, any cat found at large or off of its owner's property if the [Humane] Animal
Control Officer has cause to believe that one (1) or more cats in an area are presenting, or
may contribute to creation or existence of, a public nuisance.
Sec. 11 -4 -9. Kennel and cattery 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) [Unaltered cat means any male or female cat, including kittens which
have been weaned, which has not been spayed or neutered or otherwise rendered by
surgical technique incapable of producing offspring.] Cat shall include both mature
and immature cats, except that the term shall not include kittens which have not vet
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been weaned from their queen nor shall the term include kittens less than twelve (12)
weeks of age.
(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 [(1)] 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) [unaltered] cats
on [any] 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.
(c) Application for a kennel or cattery 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 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 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 on the premises would be
compatible with existing uses of property in the neighborhood.
(d) An animal kennel or cattery license renewal fee of thirty -five dollars ($35.00)
shall be due and payable to the License Officer on the first day of January of each year.
U This Section shall have no application to the Pueblo Animal Shelter provided
under Section 11 -4 -17 of this Chapter.
Sec. 11 -4 -10. [Humane] Animal Control officers; powers, superior.
The Director of Animal Control and all animal control officers employed by the City are
hereby designated and appointed [Humane] Animal Control Officers and peace officers
authorized and vested with the power to enforce the provisions of this Chapter. Such
[Humane] Animal Control Officers shall act under the direction and supervision of the
Director of Animal Control and shall be responsible to him or her for the carrying out of their
duties as [Humane] Animal Control Officers.
W
Sec. 11 -4 -11. [Humane] Animal Control officers, equipment.
[Humane] Control Officers shall be furnished with a truck and such other necessary
equipment, including humane dog and cat traps, restraining sticks, cages, leashes, ropes,
collars, flashlights, blankets and protective equipment.
Sec. 11 -4 -12. Duty to report animal bites
Any person having knowledge of an animal bite shall immediately report the incident to the
City- County Health Department, [Humane Officer] Animal Control Department Police
Department or the Sheriff.
Sec. 11 -4 -13. Quarantine of animals.
(a) Any animal which has bitten a person shall be confined and observed for a
period of [fourteen (14)] not less than ten (10) days from the date of the bite. The procedure
and place of observation shall be designated by the investigating officer. If the animal is not
confined on the owner's premises, confinement shall be in the Pueblo Animal Shelter or at
any veterinary hospital of the owner's choice. Such confinement shall be at the expense of
the owner. Stray animals whose owners cannot be located shall be confined in the Pueblo
Animal Shelter. The owner of any animal that has been reported as having inflicted a bite
on any person shall, on demand, produce said animal for quarantine as prescribed in this
Section. Refusal to produce such animal constitutes a violation of this Section and a
municipal offense and each day of such refusal shall constitute a separate and individual
violation.
(b) It shall be unlawful and a municipal offense for any person to remove from
any place of isolation or quarantine any animal which has been isolated or quarantined as
authorized, without consent of the impounding agency.
Sec. 11 -4 -14. Vicious [dogs] animals
(a) As used in this Section, vicious [dog] animal shall mean and include:
(1) Any [dog] animal which, without provocation, approaches in a
threatening or terrorizing manner, any person in apparent attitude of attack upon the
streets, sidewalks or any public ground or place;
(2) Any [dog] animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the safety of human
beings or domestic animals;
(3) Any [dog] animal which bites, inflicts injury, assaults or otherwise
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attacks a human being or domestic animal without provocation on public or private
property;
(4) Any [dog] animal owned or harbored primarily or in part for the
purpose of [dog] animal fighting or any [dog] animal trained for [dog] animal
fighting; or
(5) Any [dog] animal which was the subject of a conviction under this
Section or Section 18 -9- 204.5, C.R.S., or which was adjudicated to be a vicious [dog]
animal under this Section or a dangerous dog under Section 18 -9- 204.5, C.R.S.
No [dog] animal may be declared a vicious [dog] animal if the [dog] animal was
protecting or defending a human being within the immediate vicinity of the [dog]
animal from an unjustified attack or assault.
(b) It shall be unlawful and a Class 1 municipal offense for any person to own,
possess, harbor, keep or control a vicious [dog] animal It shall be an affirmative defense to
a violation of this Subsection (b) if such person fully complies with the following provisions
while such person owns, possesses, harbors, keeps or controls a vicious [dog] animal
(1) The vicious [dog] animal is confined while upon the premises of such
person. A vicious [dog] animal is "confined" as the term is used in this Section if
such [dog] animal is securely confined indoors or confined in a securely enclosed and
locked pen or dog run area upon the premises of said person suitable to prevent the
entry of young children and suitable to confine a vicious [dog] animal Such pen or
dog run area must have either sides six (6) feet high or a secure top. If the pen or dog
run structure has no bottom secured to the sides, the sides must be imbedded into the
ground no less than one (1) foot; or
(2) If a vicious [dog] animal goes beyond the premises of such person, the
vicious [dog] animal is securely muzzled and restrained by a secure collar and leash
not exceeding three (3) feet in length of sufficient strength to prevent escape and
under the direct control and supervision of the owner or the person harboring or
having the care or custody of the vicious [dog] animal and
(3) Such person maintains a policy of insurance in an amount not less
than fifty thousand dollars ($50,000.00) insuring said person against any claim, loss,
damage or injury to persons, domestic animals or property resulting from the acts,
whether intentional or unintentional, of the vicious [dog] animal Such person shall
produce evidence of such insurance upon the request of a [Humane] Animal Control
Officer; and
(4) Such person displays in a prominent place on their premises 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
Animal" if the vicious animal is not a dog A similar sign shall be posted on the
locked pen or dog run[ or pen].
(c) It shall be unlawful and a Class 1 municipal offense for any person to own,
possess, harbor, keep or control any [dog] animal which was the subject of a conviction
under this Section or Section 18 -9- 204.5, C.R.S., or which was adjudicated to be a vicious
[dog] animal under this Section or a dangerous dog under Section 18 -9- 204.5, C.R.S., if such
person does not fully comply with the provisions of Subsections (b)(1) [a--di through (b)(4)
of this Section while such person owns, possesses, harbors, keeps or controls such vicious
[dog] animal
(d) [No] It shall be unlawful and a municipal offense for any person [shall] to
own or harbor any [dog] animal for the purpose of [dog] animal fighting, or train, torment,
badger, bait or use any [dog] animal for the purpose of causing or encouraging said [dog]
animal to unprovoked attacks upon human beings or domestic animals.
(e) [No] It shall be unlawful and a municipal offense for any person [shall] to
possess with intent to sell, offer for sale, breed, buy or attempt to buy within the City any
vicious [dog] animal
(f) This Section shall not apply to dogs owned by law enforcement agencies.
(g) The [Humane] Animal Control Officer shall seize and impound any vicious
[dog] animal which is beyond the premises of the owner and which is not securely muzzled
and restrained by a secure collar and leash not exceeding three (3) feet in length of sufficient
strength to prevent escape and under the direct control and supervision of the owner or the
person harboring or having the care or custody of the vicious [dog] animal
(h) If [a Humane] an Animal Control Officer has probable cause to believe that
a vicious [dog] animal is being kept, harbored or cared for on the premises of the owner in
violation of Subsection (b) of this Section, the [Humane] Animal Control Officer may peti-
tion the Municipal Court to order the seizure and impoundment of the vicious [dog] animal
(i) If a vicious [dog] animal is impounded and (1) the person owning, harboring
or having the care or custody of a vicious [dog] animal is unable to be determined or found,
or (2) the person owning, harboring or having the care or custody of a vicious [dog] animal
does not redeem the impounded vicious [dog] animal by payment of the fees and charges set
forth in Section 11 -4 -16 or the fees and charges imposed under Section 11- 4 -20(c) within a
reasonable time after impoundment, the vicious [dog] animal shall be humanely euthanized.
No vicious [dog] animal shall be humanely euthanized within five (5) days after being
impounded, exclusive of Sundays and holidays, except that an impounded vicious [dog]
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animal may be humanely euthanized at any time with the consent of the person owning,
harboring or having the care or custody of the vicious [dog] animal
0) Any vicious [dog] animal which attacks a human being or another domestic
animal shall be ordered humanely euthanized when, in the Municipal Court's judgment, such
vicious [dog] animal represents a continuing threat of serious harm to human beings or other
domestic animals.
Sec. 11 -4 -15. Restraining.
(a) It shall be unlawful and a municipal offense for any person owning or having
charge of any dog or other animal except a domestic cat to permit such animal to [run] be at
large. A dog or other animal shall be deemed to be [running] at large when it is off or away
from the premises of its owner or person having charge thereof, and not under the control of
such person or another by either leash, cord or chain. An animal found [running] at large and
not in the charge of such a person shall be impounded by [a Humane] an Animal Control
Officer. Animals injured on public property shall be impounded and given adequate
veterinary medical treatment pending notification of the owner.
(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 [a Humane] 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 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.
Sec. 11 -4 -16. Disposition of impounded animals.
(a) As soon as practical after the impoundment of any animal, notice of
impoundment shall be posted in a conspicuous place at the [animal shelter] 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 said 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 [set] 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
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vaccinated, the owner shall not be given custody of the animal until steps are taken to so
vaccinate the animal. Unless otherwise modified by Resolution of the City Council or by the
designated Shelter Operator, [T]the following redemption amounts shall be charged:
(1) For impounding any animal, ten dollars ($10.00).
(2) In addition, for the care and feeding of any animal, [three] five dollars
($[3],5.00) per day.
(c) If an animal is not redeemed within five (5) days after the receipt of notice by
the owner or within five (5) days after impoundment if the owner cannot be determined, it
shall be sold or deemed abandoned. [An adoption fee of twenty dollars ($20.00) for each dog
and two dollars ($2.00) for each cat, or such other amounts as the City Council may from
time to time establish by resolution, shall be charged for every animal sold by or purchased
from the animal shelter.] Upon adoption of any animal eligible for adoption from the Pueblo
Animal Shelter, and payment of the adoption fee therefor [and execution by the purchaser
of a written promise to have the animal spayed or neutered, the animal shall be released to
the purchaser and the purchaser shall be provided with a Spay/Neuter Certificate which shall
state the name of the purchaser, the date of purchase and a description of the animal] the
animal shall be either spayed or neutered by a licensed veterinarian at the animal shelter or
shall be transported to a licensed veterinarian by the Shelter Operator, or by such employees
or volunteers as are authorized to do so by the Shelter Operator, to be spayed or neutered
prior to release to the person adopting the animal. No animal adopted from the animal
shelter shall be released by the animal shelter to a person adopting the animal without it first
having been een spayed or neutered
(d) The [shelter personnel] Shelter Operator and its employees may humanely
euthanize any abandoned animals not sold within a reasonable time. If it is found that any
impounded animal is infected with rabies or other infectious or contagious disease, such
animal shall be humanely euthanized upon the recommendation of a licensed veterinarian.
(e) The [City License Officer, in consultation with the Chief of Police and
Animal Control Supervisor] Shelter Operator shall establish a spay /neuter program [and
cause to be prepared spay /neuter certificates to be issued upon adoption of an animal from
the animal shelter] in order to implement the spaying or neutering of animals from the Pueblo
Animal Shelter in accordance with subsection (c) of this section The program shall provide
for the following minimum requirements:
(1) Any licensed veterinarian shall be permitted to participate in the
program by agreeing to perform spay /neuter procedures upon animals adopted from
the [animal shelter] Pueblo Animal Shelter at the rates authorized for reimbursement
by the City without further charge for such procedure to the owner of any animal].
(2) Spay /neuter procedures shall be performed in accordance with
recognized practice of veterinarians and according to the standard of care in effect
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for such procedures in this region.
(3) [Participating veterinarians shall submit claims for payment by
submitting to the License Officer completed spay /neuter certificates which shall
certify thereon that they have on the date indicated spayed or neutered the described
animal such that it is thereafter rendered incapable of producing offspring.] No
participating veterinarian shall have any claim against the City for compensation
services, fees, equipment or supplies, or for damages or injury to persons or property,
arising from or related to the performance of spay /neuter procedures upon animals
located at or transported or adopted from the Pueblo Animal Shelter unless such
veterinarian has a duly authorized contract therefor with the City and such claim is
made in accordance with the terms of said contract. For purposes of this subsection,
the Shelter Operator shall not be deemed an agent of the City. Nothing in this
subsection is intended to prohibit., impair, affect or modify any provision in any
agreement between a veterinarian and any non profit corporation acting as Shelter
Operator.
[(4) Reimbursement by the City upon submittal of complete and certified
spay /neuter certificates shall be made at the following rates, or such other rates as the
City Council may subsequently establish by resolution, from funds appropriated for
such purpose, if any:
Male Dog
$25.00
Female Dog
$35.00
Male Cat
$15.00
Female Cat
$30.00
(5) Spay /neuter certificates shall prominently display the following
statement:
The City of Pueblo does not guarantee or warrant the services of any
veterinarian, nor will the City be responsible for injury to or the loss
of any animal due to medical complications or otherwise.]
(f) Nothing in this Section shall be construed so as to hold the City, [its] the
Shelter Operator, nor the officers or agents of either. responsible for any damage to persons
or property for any action taken in connection with the administration and enforcement of
this Chapter.
(g) No person, or group of persons residing in the same household, may adopt
from the [animal shelter] Pueblo Animal Shelter more than four (4) animals in any one (1)
calendar year.
Sec. 11 -4 -16.5 Spaying or neutering of adopted animals.
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(a) On and after the effective date of this Section, and for so long as there is an
annual appropriation for the program established by this Section and an unexpended balance
remaining under said appropriation, the procedures set forth in this Section shall apply with
respect to the adoption of all animals from the Pueblo Animal Shelter [animal shelter]
established under this Chapter.
(b) Notwithstanding anything in Section 11- 4 -16(c) or (e), upon adoption from
the [animal shelter] Pueblo Animal Shelter and payment of the adoption fees therefor, the
animal shall be either spayed or neutered by a licensed veterinarian at the [animal shelter]
Pueblo Animal Shelter or shall be transported to a licensed veterinarian by the [Director of
Animal Control] Shelter Operator or by such employees or volunteers as are authorized to
do so by the [Director] Shelter Operator to be spayed or neutered prior to release to the
person adopting the animal.
(c) No animal adopted from the [animal shelter] Pueblo Animal Shelter shall be
released [by the animal shelter] to a person adopting the animal without it first having been
spayed or neutered.
(d) [Any licensed veterinarian participating in the spay /neuter program
established under Section 11- 4 -16(e) shall be authorized to also participate in the program
established by this Section. The City shall reimburse each participating veterinarian for each
animal spayed or neutered at the same rates of reimbursement applicable under Section 11-4 -
16(e), and participating veterinarians shall accept such reimbursement without further charge
for such procedure to the person adopting the animal.] No participating veterinarian shall
have any claim against the City for compensation services, fees, equipment or supplies, or
for damages or injury to persons or property, arising from or related to the performance of
spay /neuter procedures upon animals located at or transported or adopted from the Pueblo
Animal Shelter unless such veterinarian has a duly authorized contract therefor with the CitX
and such claim is made in accordance with the terms of said contract. For purposes of this
subsection. the Shelter Operator shall not be deemed an agent of the City. Nothing in this
subsection is intended to prohibit, impair, affect or modify any provision in any agreement
between a veterinarian and any non - profit corporation acting as Shelter Operator.
Sec. 11 -4 -17. Pueblo Animal Shelter interference: false reports
La) An animal shelter to be known as the Pueblo Animal Shelter shall be provided
for the purpose of boarding and caring for any animal impounded under the provisions of this
Chapter, and such shelter shall be constructed to facilitate cleaning and sanitizing and shall
provide fenced runs and adequate heating, food and water supply.[ It shall be unlawful for
any person to remove any impounded animal from the animal shelter without consent of the
person in charge of said shelter. It shall be unlawful for any person to interfere with, molest,
hinder or prevent the person in charge of the animal shelter or his or her authorized
representatives in the discharge of their duties as herein prescribed.]
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It shall be unlawful and a Class 1 municipal offense for any12erson to remove
or attempt to remove any impounded animal from the animal shelter without having first
obtained authorization to do so from the Animal Control Officer, Shelter Operator or other
person then in charge of said shelter.
Lc) It shall be unlawful for any person to knowingly obstruct, hinder or interfere
with an Animal Control Officer acting under color of his or her official authority, in the
discharge or apparent discharge of his or her duties:
W By means of physical force or violence or by threats of imminent
physical force or violence, or
By means or harassing conduct after being warned by an Animal
Control Officer that such conduct is unlawful and may result in the arrest of the
person if such conduct is not discontinued.
A violation of paragraph c) above is a Class 2 municipal offense: except that
if the violation is committed by means of physical force or violence or by threats of physical
force or violence, the violation is a Class I municipal offense.
U It shall be unlawful and a Class 2 municipal offense for any person to
knowingly make or cause to be made a false, misleading or unfounded report to an Animal
Control Officer concerning the commission or alleged commission by another person of any
offense or violation of any City ordinance; or to knowingly give false or misleading
information to an officer or employee of the Shelter Operator when such officer or employee
is acting in his or her official capacity and the information (i) relates to a matter within the
official concern of the officer or employee and (ii) materially interferes with the discharge
of such officer's or employee's official duty.
Sec. 11 -4 -18. Spread of rabies.
Whenever the City Manager, upon recommendation of the Health Department or the City
Council, shall apprehend the danger of rabies in the City, the City Manager 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 [running] 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 shall henceforth have said cats
vaccinated in the same manner as provided by this Chapter for the vaccination of dogs.
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
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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 insects, rats dogs and/or mice, shall constitute prima
facie evidence of a violation of this Section.
Sec. 11 -4 -20. Penalties.
[(a) Any person who violates any provisions of this Chapter, except the provision
of Section 11 -4 -14 hereof, shall be guilty of an offense and upon conviction thereof shall be
punished by a fine of not more than three hundred dollars ($300.00).
(b) Any person who violates any provision of Section 11 -4 -14 of this Chapter
shall be guilty of an offense and upon conviction thereof shall be punished by a fine of not
more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90)
days, or both such fine and imprisonment.]
Ca) Unless otherwise specified, the punishment for violation of an offense
described in this Chapter shall be a fine of not more than three hundred dollars ($300.00).
(l) The punishment for violation of an offense defined as a Class 1 municipal
offense shall be a fine of not more than three hundred dollars ($300.00) or imprisonment for
not more than ninety (90)days, or both such fine and imprisonment, provided that if the
person found guilty of a violation of a Class 1 municipal offense was under eighteen (18)
years of age at the time of the offense, the court shall not impose a jail sentence.
Lc) The punishment for violation of an offense defined as a Class 2 municipal
offense shall be a fine of not more than three hundred dollars ($300.00).
[(c)]Cdj Any person found guilty of violating Section 11 -4 -14 of this Chapter shall
pay all expenses, including shelter, food, veterinary expenses for identification or
certification of the breed of the dog or boarding and veterinary expenses necessitated by the
seizure of any dog for the protection of the public, and such other expenses as may be
required for the destruction of any such dog.
Article II
General
Sec. 11 -4 -21. Animals; cruelty to.
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, abandonment or torture to any animal,
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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 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.
Sec. 11 -4 -22. Crating and cooping fowls; construction; cleanliness.
(a) Height. All coops, crates or cages in which live fowls, poultry or other birds
are received for transportation or are kept confined or exposed for sale on wagons or stands,
or by the owners of grocery stores, commission houses or other market houses or by other
persons, shall be sufficiently high so that fowls or other birds confined therein can stand erect
and hold their heads upright without touching the top.
(b) Wire, troughs. Such coops, crates or cages shall be made of open slats or wire
on at least three (3) sides and shall have troughs or other receptacles with easy access all
times by the birds confined therein, but so placed that their contents cannot be befouled by
the birds. Said troughs shall constantly contain clean water and suitable food.
(c) Cleanliness, room for birds. Such coops, crates or cages shall be kept in a
clean and wholesome condition. Fowls or other birds confined therein shall not be
overcrowded, but shall have room to move about, and shall not be exposed to undue heat or
cold.
(d) Removing dead or unhealthy birds; transfer. Dead, injured or diseased fowls
shall be at once removed. Whenever live fowls or poultry shall be received for sale or
storage, they shall immediately be transferred to such coops, crates or cages as are herein
described.
Sec. 11 -4 -23. Manure; accumulation; disposition.
(a) The accumulation or failure to dispose of animal droppings and manure is
hereby declared to be a nuisance and detrimental to the health and welfare of the people of
the City. All animal droppings and manure shall be removed and disposed of by the owners,
tenants or occupants of the premises where produced, at such frequent and regular intervals
as shall be prescribed by the Health Department. It shall be unlawful and a municipal offense
for any person to permit animal droppings or manure to remain for such a time or to
accumulate in such quantity as to attract flies or other insects or to generate noisome odors.
(b) It shall be unlawful and a municipal offense for any person owning or having
the control of any animal to permit such animal to defecate on private property or public
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property within the City, other than upon property owned by or under the control of said
owner or person having control of the animal, without immediately cleaning or removing the
excrement to a proper receptacle.
U All manure shall be disposed of by delivery to a designated dump site or to
such other places only as shall be designated from time to time by the Health Department,
and it shall be unlawful for any person to deliver or dump manure within the limits of the
City or within one (1) mile of the outer boundaries thereof, except at such designated dump
sites. This Section shall not prohibit the use of manure composting or soil conditioning,
provided that the same shall be completely covered by earth. Nor shall this Section prohibit
the use of manure as fertilizer, provided that manure used for such purpose shall be well
rotted, ground or pulverized and shall be worked into the lawn or garden area without
unreasonable delay.
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.
Sec. 11 -4 -25. Storage of grain feeds in rodent -proof containers.
All grain feeds for all animals and fowls shall be stored and kept in a rodent -proof container
or room which shall be kept securely closed at all times while not being used to take feed
therefrom or replenish same.
Sec. 11 -4 -26. Maiming; abandoning; rendering aid.
It shall be unlawful and a municipal offense for [anyone] any person to abandon any dog or
other small animal or to fail to stop and attend to such animal if [anyone] such person strikes
it with a vehicle, or to in any way maim or harm any such animal.
Sec. 11 -4 -27. Picketing and grazing animals forbidden.
It shall be unlawful and a municipal offense for any person to picket or tie any animal on or
along any street, alley or sidewalk in such manner that such animal may graze or browse
upon the grass, herbage or trees growing upon or along such street, alley or sidewalk, or in
such manner as to obstruct or impede the full use thereof.
Sec. 11 -4 -28. Driving or herding animals forbidden.
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It shall be unlawful and a municipal offense for any person to herd or graze any livestock or
cause such animals to be herded or grazed within the City except upon land zoned for
agricultural use, or upon land where permitted as a nonconforming use, provided that such
grazing or herding shall be done in compliance with all applicable ordinances of the City.
Secs. 11 -4 -29 - 11 -4 -30. Reserved.
Article III
Nuisances
Sec. 11 -4 -31. Keeping of animals and fowl which disturb comfort, peace, etc., of
neighborhood.
La) 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 with 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 [a menace] an unreasonable hazard to the
public health, [or] safety or welfare
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
minutes or intermittently for a period of time in excess of one 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, b either
iher
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.
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, or cavy or cavies 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 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.
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(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, or cavy or
cavies 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.
(d) 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 [twelve (12)] ten 10
"standard" chickens or [fifteen (15)] ten 10 "bantam" chickens over the age of four (4)
months[ of age]. A "bantam" chicken is one which weighs less than thirty (30) ounces at
maturity. A "standard" chicken is any chicken other than a "bantam" chicken as herein
defined.
(e) It is hereby declared to be a nuisance, and shall be unlawful and a municipal
offense for any person to keep or maintain in the City more than forty (40) adult pigeons or
doves over the age of three (3) months and their young.
(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 or
cavies over the age of eight (8) months, and the offspring of such rabbits, hares or cavies.
(g) It is hereby declared a nuisance, and it shall be unlawful and a municipal
offense for any person to keep or maintain in the City more than [fifteen (15)] ten 10 units
of animals, fowls or animals and fowls mentioned in this Section, mixed or otherwise, except
as hereinabove provided. It shall be unlawful for any person to keep or maintain in the City
[not] more than two (2) units of animals or fowls or animals and fowls mentioned in this
Section as pets. For purposes of computation, each adult rabbit over the age of eight (8)
months shall be considered as one (1) unit, each adult chicken over the age of four (4)
months shall be considered one (1) unit, and [three (3)] four 4 adult pigeons or doves over
the age of three (3) months shall be considered as one (1) unit.
(h) Nothing contained in Subsections (d), (e), (f) and (g) of this Section shall be
construed to limit the number of animals kept or maintained upon land zoned for agricultural
use, provided that said animals are kept or maintained in compliance with all applicable
ordinances of the City.
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
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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) domesticated pot - bellied pig upon any premises within the City, provided that said person
complies with all other provisions of this Chapter.
Sec. 11 -4 -41. Establishment of Animal Advisory Board.
There is hereby created the Animal Advisory Board as an advisory commission to the City
Council. The Board shall consist of [seven (7)] nine 9 members to serve without
compensation, who shall be appointed by resolution of the City Council for terms of four (4)
years, except that initially, three (3) of the appointments shall be for a term of two (2) years.
The Board shall select a chairman and such other officers as it may deem necessary from
among its members. The Board shall have no regular staff or budget, but may request
administrative assistance from the City Manager.
Sec. 11 -4 -42. Powers and duties.
The powers and duties of the Board shall be as follows:
(1) To advise the City Council with respect to matters involving animal control
and regulations.
(2) At the request of the City Council, to investigate matters and issues
concerning animals and report conclusions and recommendations to the City Council.
(3) To consult and cooperate with other public and private agencies in fostering
public awareness of responsible pet ownership, including animal population control.
SECTION 2
Any person found guilty of violating any provision of this Ordinance, the violation of which
is declared to be unlawful or a municipal offense, shall be punished as provided in Section 11 -4 -20
of the Pueblo Municipal Code, as amended by Section 1 of this Ordinance.
SECTION 3
This Ordinance shall become effective thirty (30) days after final passage and approval.
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INTRODUCED: September 25, 2000
ATTEST:
7�
•
By Rich Golenda
Councilperson
APP VED:
President of the City Council
Passed and Approved: October 10, 2000
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