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HomeMy WebLinkAbout07273ORDINANCE NO. 7273 AN ORDINANCE AMENDING SECTION 14 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE OWNERSHIP OF A VICIOUS ANIMAL AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1. Section 14 of Chapter 4 of Title XI of the Pueblo Municipal Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 11 -4 -14. Vicious animals. [(a) As used in this Section, vicious animal shall mean and include: (1) Any 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 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 animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; (4) Any animal owned or harbored primarily or in part for the purpose of animal fighting or any animal trained for animal fighting; or (5) Any 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 animal under this Section or a dangerous dog under Section 18 -9- 204.5, C.R.S. No animal may be declared a vicious animal if the animal was protecting or defending a human being within the immediate vicinity of the 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 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 animal: (1) The vicious animal is confined while upon the premises of such person. A vicious animal is "confined" as the term is used in this Section if such 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 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 animal goes beyond the premises of such person, the vicious 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 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 animal. Such person shall produce evidence of such insurance upon the request of a 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. (c) It shall be unlawful and a Class 1 municipal offense for any person to own, possess, harbor, keep or control any 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 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 —d through (b)(4) of this Section while such person owns, possesses, harbors, keeps or controls such vicious animal. (d) It shall be unlawful and a municipal offense for any person to own or -2- harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals. (e) It shall be unlawful and a municipal offense for any person to possess with intent to sell, offer for sale, breed, buy or attempt to buy within the City any vicious animal. (f) This Section shall not apply to dogs owned by law enforcement agencies. (g) The Animal Control Officershall seize and impound any vicious 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 animal. (h) If an Animal Control Officer has probable cause to believe that a vicious animal is being kept, harbored or cared for on the premises of the owner in violation of Subsection (b) of this Section, the Animal Control Officer may petition the Municipal Court to order the seizure and impoundment of the vicious animal. (i) If a vicious animal is impounded and (1) the person owning, harboring or having the care or custody of a vicious animal is unable to be determined or found, or (2) the person owning, harboring or having the care or custody of a vicious animal does not redeem the impounded vicious animal by payment of the fees and charges set forth in Section 11 -4 -16 orthe fees and charges imposed under Section 11 -4-20(c) within a reasonable time after impoundment, the vicious animal shall be humanely euthanized. No vicious animal shall be humanely euthanized within five (5) days after being impounded, exclusive of Sundays and holidays, except that an impounded vicious 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 animal. 0) Any vicious animal which attacks a human being or another domestic animal shall be ordered humanely euthanized when, in the Municipal Court's judgment, such vicious animal represents a continuing threat of serious harm to human beings or other domestic animals.] U Definitions. As used in this section, the following words have the following meanings: W "Bodily injury" means any physical iniury that results in severe bruising, muscle tear, or skin laceration or any physical injury that requires -3- corrective or cosmetic surgery "Vicious animal" means anv animal that: a. has inflicted bodily injury upon a person or has inflicted bodily injury upon or has caused the death of a domestic animal: or b. has demonstrated tendencies that would cause a rea- sonable person to believe that the animal may inflict bodily injury upon or cause the death of any person or domestic animal or C. has engaged in or been trained for animal fighting as described and prohibited in section 18 -9 -204. C.R.S. U Violation. Ownership of Vicious Animal. It shall be unlawful and a Class 1 municipal offense for any person to own, possess. harbor, keep or control a vicious animal. Lcl Affirmative Defense. The affirmative defenses set forth herein shall not apply to any vicious animal that has engaged in or been trained for animal fighting as said term is described in section 18 -9 -204. C.R.S. Except as otherwise noted, the following circumstances shall constitute an affirmative defense to a violation of the foregoing subsection (b) in the following manner: M At the time of the attack by the vicious animal which causes in*u[y to a domestic animal the domestic animal was at large was an estrav_ and entered upon the property of the owner and the attack began but did not necessarily end. upon such property: 0 At the time of the attack by the vicious animal which causes injury to a domestic animal. said domestic animal was biting or otherwise attacking the vicious animal or its owner: At the time of the attack by the vicious animal which causes iniury to a person, the victim of the attack was committing or attempting to commit a criminal offense, other than a petty offense against the dog's owner, and the attack did not occur on the owner's propertx; W At the time of the attack by the vicious animal which causes iJury to a person the victim of the attack was committing or attempting to commit a criminal offense, other than a petty 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 That the person who was the victim of the attack by the vicious ME animal tormented, provoked. abused, or inflicted injury upon the vicious animal in such an extreme manner which resulted in the attack. 0) Protective Order. Upon entry of sentence pursuant to a plea of or finding of guilt for a violation of subsection (b). the Municipal Court shall order the defendant to: W Confine such vicious animal in a building or enclosure designed to be escape -proof and, whenever such vicious animal is outside of such building or enclosure. the vicious animal shall be securely muzzled and restrained by a secure collar and leash. Q Display in a prominent place on the defendant's 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. Q Immediately report to the Shelter Operator any material change in the vicious animal's situation, including but not limited to a change of address, escape, or death. W At the defendant's expense, permanently identify the vicious 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. (Q Prior to the implantation of the microchip, pay anon-refundable vicious dog microchip license fee of fifty dollars ($50.00) to the Shelter Operator. (e) Violation. Failure to Comply. It shall be unlawful and a strict liability offense for any person convicted of violating subsection (b) who has been personally served with a copy of the protective order issued under subsection (d) to continue to own. possess, harbor, keep or control the vicious animal which was the subject of such conviction in violation of the provisions of the protective order. a Violation. Breeding of Vicious 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 attem t to o buy within the City any animal which has been adjudicated to be a vicious animal pursuant to a conviction under subsection (b) or to be a dangerous dog pursuant to a conviction under section 18 -9- 204.5. C.R.S. (M Violation. Animal Fighting. It shall be unlawful and a Class 1 municipal offense for any person to own or harbor any animal for the purpose of animal fighting or train torment badger, bait or use any animal for the purpose of causing -5- or encouraging said animal to unprovoked attacks upon human beings or domestic animals. ft Impoundment and Euthanization. M 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) if the animal presents a continuing threat of serious harm to persons or domestic animals. 0 It shall be the duty of the Animal Control Officer to impound an animal, which has been adjudicated to be a vicious animal pursuant to a conviction under subsection (b) 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. u 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 who may direct the owner to pay all impounding fees Subject to the foregoing limitation and the exception noted herein an impounded vicious 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 vicious animal shall be sold or put up for adoption. Any vicious animal which is deemed abandoned under said section 11 -4-16 shall be humanely euthanized. (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. Application. Subsection (b) shall have no application to the following_ W To any dog that is used by a peace officer while the officer is engaged in the performance of the peace officer duties: al To any dog which causes the death of a person: Q) To any dog that inflicts injury upon any veterinary health care worker, dog groomer, humane agency personnel professional dog handler, trainer. or dog show judge each acting in the performance of his or her respective duties: or 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. SECTION 2. This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 24, 2005 BY: Michael Occhiato APPROVE ATTESTED BY: ,a CITY CLERK PASSED AND APPROVED: February 14. 2005 -7- D D O A MEW D Background Paper for Proposed ORDINANCE , X w t . 0 r7 AGENDA ITEM #, DATE: January 24, 2005 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING SECTION 14 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE OWNERSHIP OF A VICIOUS ANIMAL AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council pass and approve the proposed Ordinance which deletes outdated provisions of the vicious animal ordinance and adopts requirements similar to the current version of the state counterpart statute located at Section 18 -9- 204.5, C.R.S. RECOMMENDATION City Council should pass and approve the proposed Ordinance. BACKGROUND Policies of insurance which are required pursuant to §11- 4- 14(b)(3), P.M.C., with respect to any animal adjudicated to be a vicious animal under §11 -4 -14, P.M.0 are no longer available or generally provided by insurance companies. As such, said section needs to be amended to remove this requirement. This proposed change was reviewed by the Animal Advisory Board which further recommended that additional amendments be made which would "mirror" the state's counterpart statutory provision located at Section 18 -9- 204.5, C.R.S., specifically with respect to containment, microchiping, reporting and microchip registration fee. The proposed Ordinance incorporates the requests of the Animal Advisory Board as well as deleting the above - referenced insurance requirement. The proposed Ordinance is written similar to Section 18 -9- 204.5, C.R.S., but with necessary modification for application in the City of Pueblo, including specific provisions relating to impoundment and euthanization. FINANCIAL IMPACT None