No preview available
HomeMy WebLinkAbout07806ORDINANCE NO. 7806 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND LICENSE REQUIREMENTS AND PROVIDING PENALTIES FOR 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 Subsections (8) and (19) of Section 1, Chapter 44 of Title XI of the Pueblo Municipal Code are amended to read as follows: (8) License Officer shall mean the Shelter Operator, or if none the Director of Finance or his or her designee. (19) Shelter Operator shall mean the [City's Department of] Animal Control Division of the Police Department except that if the City has entered into a management agreement with a nonprofit corporation which assigns and delegates to such entity the authority and responsibility to enforce this Chapter and to manage and operate [for management and operation of] the Animal Shelter and the administration of the vaccination and licensing [tag] system provisions of this Chapter the term shall instead mean such entity. SECTION 2 Sections 41 and 42 of Chapter 4 of Title XI of the Pueblo Municipal Code are hereby repealed in their entirety. [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 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 3 Section 44, Chapter 4, Title XI of the Pueblo Municipal Code is amended to read as follows Sec. 11 -4 -44. License application; issuance. (a) Applications for licenses shall be made on forms furnished by the [City] License Officer (b) Upon presentation of an application together with a copy of the vaccination certificate issued for the dog or cat pursuant to Section 11 -4 -3 to the License Officer, or a veterinarian or licensed animal shelter, designated in writing by the License Officer, and payment of the appropriate license fee, a license receipt for the dog or cat and a tag bearing a number corresponding to that of the receipt shall be issued. If an application is made to license a spayed /neutered dog or cat, the application shall in addition furnish satisfactory evidence that the dog or cat has been spayed /neutered, which evidence may consist of a certificate signed by a veterinarian or the affidavit of the owner that the dog or cat has been spayed /neutered. Without such evidence, the license issued and fee paid shall be for a dog or cat which has not been spayed /neutered. (c) The person issuing the license shall complete a license receipt on forms furnished by the [City] License Officer file the original with the License Officer and deliver a copy to the owner. (d) Licenses may be renewed upon payment of the necessary fees and presentation of a current vaccination certificate issued pursuant to Section 11 -4 -3. If a license is not renewed within sixty (60) days after the license expires, a completed application for a new license must be made pursuant to Subsection (b) above. (e) Applications for licenses may be made in person or by mail or electronically, if available. (f) Licenses and tags are not transferable Sec. 11 -4 -45. Licenses; expiration; fees. (a) Licenses and tags may be issued and be valid for one (1) year or three (3) years from the date of issuance. (b) The license fee for one (1) year shall be twenty dollars ($20.00) for each dog or cat which has not been spayed /neutered or [five] ten dollars ($[5.00] 10.00 for each dog or cat which has been spayed /neutered. (c) The license fee for three (3) years shall be fifty -six dollars ($56.00) for each dog or cat which has not been spayed /neutered or [twelve] twenty -six dollars ($[12.00] 26.00 for each dog or cat which has been spayed /neutered. (d) License fees shall not be prorated or refunded. (e) If a license tag or license receipt issued in accordance with Section 11 -4 -44 is lost or destroyed, a duplicate tag or receipt may be reissued for the payment of [three] five dollars ($[3.00] 5.00 (f) Veterinarians issuing a license under this Section shall retain one dollar ($1.00) for each one -year license issued and three dollars ($3.00) for each three -year license issued and shall surrender the balance of all license fees collected as the [City] License Officer may direct. (g) No license fee shall be required for: (1) Guide dogs for the blind or deaf; (2) Service dogs used by the handicapped; or (3) Law enforcement service and rescue dogs. (h) The City Council may by resolution increase or decrease the license fees and litter registration fees. All license fees and litter registration fees shall be paid to and collected by the License Officer. If the License Officer is the Shelter Operator, the Shelter Operator shall hold such fees in trust for the use and benefit of City and pay and disburse such fees as directed in writing by the City Manager of City after deducting therefrom an administrative fee of twenty -five percent (25 %) of the fees collected as compensation for Shelter Operator's services. SECTION 4 It shall be unlawful and a Class 2 municipal offense for any person to violate any provisions of this Ordinance or Chapter 4 of Title A of the Pueblo Municipal Code. SECTION 5 If any provisions of this Ordinance shall be determined to be invalid or unenforceable, such determination shall not affect the other provisions of this Ordinance. SECTION 6 This Ordinance shall become effective on July 1, 2008. INTRODUCED Mav 12. 2008 Dire. - 7 ga(o CD g�Q CD Background Paper for Proposed ORDINANCE AGENDA ITEM # _�3 ) ` DATE: May 12, 2008 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALL], CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER DEPARTMENT OF FINANCE BOB HAIN, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ANIMAL CONTROL AND LICENSE REQUIREMENTS AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council assign the responsibility for animal licensing to the Shelter Operator and change some of the animal licensing fees? BACKGROUND Since inception in 2001, the City has been responsible for the licensing of dogs and cats within the City. The Animal Shelter Operator desires to assume that responsibility. Additionally, to help fill a funding gap created by the opening of the new shelter, this ordinance proposes to increase fees for spayed /neutered animals from $5.00 to $10.00 for one -year licenses and from $12.00 to $26.00 for three -year licenses. It also proposes to increase the fee for reissuing a lost tag from $3.00 to $5.00. License fee revenue less 25% administrative fee shall continue to be used for the sole purpose of funding the animal shelter operation and administration of the licensing process. RECOMMENDATION Approval of the Ordinance. FINANCIAL IMPACT Approximately 70% of the animals licensed are neutered, therefore, it is anticipated that the fee change will increase revenue by $25,000 over the $35,000 collected in the previous two years. The closer attention, which can be afforded by the Shelter Operator and the emphasis on licensing compliance as a revenue source for operation of the shelter should also improve revenue.