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HomeMy WebLinkAbout07275ORDINANCE NO. 7275 AN ORDINANCE AMENDING SECTION 16 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO DISPOSITION OF IMPOUNDED ANIMALS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND REPEALING SECTION 16.5 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1 Section 16 of Chapter 4 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: 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 Pueblo Animal Shelterforfive (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 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 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, the [following] redemption amounts identified herein shall be charged[:]_ [(1) For impounding any animal, ten dollars ($10.00). (2) In addition, for the care and feeding of any animal, five dollars ($5.00) per day.] M Redemption amounts - impoundment The redemption amount for charges associated with the impoundment of an animal is twenty dollars ($20.00). and with respect to any animal which has been impounded more than once in a twelve month period the redemption amount shall also include an additional c harge of ten dollars ($1000) for each subsequent impoundment. Q Redemption amounts - daily care and feeding. The redemption amounts for charges associated with the daily care and feeding of an impou animal shall be as follows: a. Impounded but not quarantined dog seven dollars ($7.00) per day: -1- b. Impounded but not quarantined cat, five dollars ($5.00) per day, C. Impounded and quarantined dog, ten dollars ($10.00) per day: d. Impounded and quarantined cat, seven dollars ($7.00) per day: and e. All other animals, five dollars ($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 and become the property of the Shelter Operator Upon adoption of any animal eligible for adoption from the [Pueblo Animal] Shelter Operator and payment of the adoption fee therefor, 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 shelterto a person adopting the animal without it first having been spayed or neutered.] the person adoptina the animal shall execute a written agreement that the animal will be spaved or neutered within (30) days of adoption and release. No animal adopted from the animal shelter shall be released without first having been spayed or neutered or before the written agreement is filed with the Shelter Operator. L1 j Where an adopted animal is released pursuant to a written astr�eemerrt to spay or neuter the animal the person adopting the animal shall file, within thirty (30) days of the animal's release proof of the fact that the animal has been spayed or neutered by submitting to the Shelter Operator a certification from the appropriate spay - neuter clinic veterinarian or other provider of such services. Q In the event a person signs an agreement to spay or neuter an animal pursuant to Subsection (c) it shall be unlawful and a Class 1 municipal offense for such person to fail to timely spay or neuter the animal pursuant to the agreement or to fail to timely file proof of such fact with the Shelter Operator. M In the event a person signs an agreement to spay or neuter an animal pursuant to Subsection (2) and such person fails to timely file proof of the fad that the animal has been spayed or neutered the Animal Control Officer may petition the Municipal Court to order the seizure and impoundment of the animal. (d) The Shelter Operator and its employees may humanely euthanize any abandoned animals not sold or adopted 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 Shelter Operator shall establish a spay /neuter program in order to implement the spaying or neutering of animals from the [Pueblo Animal] Shelter Operator in accordance with Subsection (c) of this Section. The program shall provide for the following minimum requirements: -2- (1) Any licensed veterinarian shall be permitted to participate in the program by agreeing to perform spay /neuter procedures upon animals adopted from the [Pueblo Animal] Shelter Operator (2) Spay /neuter procedures shall be performed in accordance with recognized practice of veterinarians and according to the standard of care in effect for such procedures in this region. (3) No participating veterinarian shall have any claim against the City for compensation for 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 nonprofit corporation acting as Shelter Operator. (f) Nothing in this Section shall be construed so as to hold the City, 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 Pueblo Animal Shelter more than four (4) animals in any one (1) calendar year. SECTION 2 Section 16.5 of Chapter 4 of Title XI of the Pueblo Municipal Code is hereby amended by being repealed in its entirety. [Sec. 11- 4-16.5. Spaying or neutering of adopted animals. (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 established under this Chapter. (b) Notwithstanding anything in Section 11- 4 -16(c) or (e), upon adoption of any animal eligible for adoption from the Pueblo Animal Shelter, and payment of the adoption fees therefor, the animal shall be either spayed or neutered by a licensed veterinarian at the Pueblo 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. (c) No animal adopted from the Pueblo Animal Shelter shall be released to a person adopting the animal without it first having been spayed or neutered. (d) No participating veterinarian shall have any claim against the City for compensation for 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 !X11 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 nonprofit corporation acting as Shelter Operator.] SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 24 1 2005 BY: Mi chael N P R APPROVED: ESID NT OF E CI UNCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: February 14- 2005 -4- p ID ED Background Paper for Proposed ORDINANCE DATE: January 24, 2005 AGENDA ITEM # r" /V DEPARTMENT: Pueblo Animal Shelter TITLE AN ORDINANCE AMENDING SECTION 16 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO DISPOSITION OF IMPOUNDED ANIMALS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND REPEALING SECTION 16.5 OF CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE ISSUE Should the City Council pass and approve the proposed Ordinance, which makes changes to impoundment charges and adoption requirements with respect to impounded animals? RECOMMENDATION City Council should pass and approve the proposed Ordinance. BACKGROUND Current charges relating to the costs of impounding, care and upkeep are insufficient to cover actual expenses and are currently well below similar charges in most other jurisdictions with populations greater than one hundred thousand. The proposed Ordinance includes minor increases to charges in the following manner: (a) impoundment charge is raised from $10 to $20 with an additional charge of $10 for each additional time in a 1 -year period that the animal is impounded; (b) the boarding charges are raised from $5 to $7 for impounded but not quarantined dog, $5 for impounded but not quarantined cat, $10 for impounded and quarantined dog, $7 for impounded and quarantined cat, and $5 for all other animals. In addition, the Ordinance allows for adoption and release of an abandoned animal where the person adopting the animal agrees to spay or neuter the animal and timely file certification with the Shelter Operator. The current provision prohibits the release of any animal for adoption without the animal having been spayed or neutered. The failure to comply with the agreement and file the certification is a municipal offense punishable and enforceable through the Municipal Court. This change is desired because the Shelter Operator does not have a veterinarian on staff, and the clinics or veterinarians cannot spay or neuter the animals for several days or weeks. This situation creates a backlog of animals at the shelter which animals could be released pursuant to the agreement provision provided in the proposed Ordinance. As a final matter, Section 11-4 -16.5, P.M.C. should be repealed as it is no longer necessary, i.e. its provisions are contained in Section 11- 4- 16(c), P.M.C. In addition, the current requirement under §11- 4- 16.5(c), i.e. prohibiting the release of adopted animals prior to spaying/neutering, is inconsistent with the proposed Ordinance. FINANCIAL IMPACT None to the City. The Animal Shelter Operator will receive an estimated additional $22,204.00 in fees and charges.