HomeMy WebLinkAboutOrdinance 1540CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DeMott
Council Bill No. 11
Ordinance No. 1 540
Series of 2013
TITLE: AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE
WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF
DOGS AND CATS
WHEREAS , the City of Wheat Ridge , Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution ; and
WHEREAS , pursuant to its home rule authority and C .R.S . § 31-15-401(1)(m),
the City, acting through its City Council (the "Council "}, is authorized to regulate the
keeping of animals within the City; and
WHEREAS, pursuant to this authority, the Council has adopted regulations
concerning the mandatory licensing of dogs within the City, co dified in Chapter 4 of the
Wheat Ridge Code of Laws ("Code "); and
WHEREAS, by an Intergovernmental Agreement dated August 15, 2012 , the City
agreed to cooperate with the cities of Arvada, Lakewood , Golden , Edgewater, and
Westminster and with Jefferson County (the "County") to fund and operate a centralized
animal shelter, known as the Foothills Animal Shelter (the "Shelter"), for the use and
benefit of all parties to the agreement (the "Intergovernmental Agreement"); and
WHEREAS, under the terms of the Intergovernmental Agreement, each party
delegated its authority to issue dog licenses and to collect license fees , to be used to
fund the Shelter, to a common licensing authority, currently the County; and
WHEREAS, the Intergovernmental Agreement further requires each party to
adopt dog licensing requirements that are consistent with the County ordinance
concerning the licensing of dogs; and
WHEREAS, the County is in the process of updating and amending its Animal
Control Regulation Policy, known as Regulatory Policy 3 .5 .1 (Part 3 Regulations ,
Chapter 5 Animals, Section 1 Animal Control); and
WHEREAS, the Council finds and determines that certain amendments to the
Code are necessary to render the City's dog licensing program consistent with the new
County regulations concerning the same, as required by the Intergovernmental
Agreement.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 4-1 of the Wheat Ridge Code of Laws, establishing defined
terms for purposes of Chapter 4 of the Code, is hereby amended by the addition of the
following new defined term , to be inserted alphabetically into the list of terms , as follows :
Licensing Administrator means the person or entity delegated the authority by the
City from time to time to issue dog licenses and collect fees for such licenses.
Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws , concerning
off-leash dog park rules and regulations , is hereby amended as follows :
(4) All dogs belonging to city residents must display a current Jefferson County dog
license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4-
31 (c).
Section 3. Paragraph 4-8(c)(10) of the Wheat Ridge Code of Laws ,
concerning off-leash dog park rules and regulations , is hereby amended as follows :
(1 0) The following dogs are not permitted within off-leash dog parks :
a. Aggressive dogs , as defined by section 4-1 .
b . Female dogs in heat.
c . Dogs without a current rabies tag affixed to the collar or without a current Jefferson
County dog license ISSUED BY THE LICENSING ADMINISTRATOR , as applicable.
d. Dogs under the age of four (4 ) months .
e. Dogs exhibiting visible signs of illness or known by the owner or handler to be ill .
f . Dogs that do not respond to and obey their owners ' or handlers ' sight or voice
commands .
Section 4. Section 4-31 of the Wheat Ridge Code of Laws , concerning dog and
cat licenses , is hereby amended as follows :
Sec. 4-31 . Dog and cat licenses.
(a) Territorial application. The provisions of this section shall apply to all dogs and
cats , and all owners of all dogs and cats present within the jurisdictional boundaries of
the city regardless of whether the owner or keeper of the dog or cat resides within the
city.
(b) Violations and penalty. Any dog or cat owner who violates any of the provisions of this
section shall be guilty of a misdemeanor and , upon conviction thereof, shall be subject
to a fine of not more than one thousand dollars ($1 ,000.00).
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(c) Required; described. A license is required for all dogs 9f AND cats in this city as
follows : A valid cat license shall be a current Mile-Hi rabies tag and registration
certificate . A valid dog license shall be a dog license issued by the LICENSING
ADMINISTRATOR Jefferson County animal control division or such other agent as may
be designated by Jefferson County from time to time . A cat or dog owner may request
an exemption to this requirement if, for medical reasons , his/her cat or dog cannot be
vaccinated . In this event , a cat or dog owner must submit an affidavit from a licensed
veterinarian stating the reasons why the cat or dog is unable to be vaccinated .
(d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be
worn on a collar or harness by the dog at all times, unless a current and valid tag from
the LICENSING ADMINISTRATOR Jefferson County animal control division , which
requires proof of current rabies vaccination for its issuance, is worn on a collar or
harness by the dog at all times . A current and valid registration certificate, as above-
described , shall be kept in the possession of the owner of any dog or cat within the city ,
and such registration certificate or a copy of it shall be produced or producible by the
owner as proof of current registration in the event of loss or the correspondingly
numbered tag .
(e) When to obtain license -Initially. A cat owner shall obtain a license as above-described
for his cat within ten (10) days after the cat reaches four (4) months of age , or within ten
(1 0) days after the oat's first permanent teeth appear, 'Nhiche\(er comes first. A dog
owner shall obtain a license as above-described for his dog on or before the date the
dog reaches the age of FOUR (4) six (6) months, or within thirty days of acquisition of
said dog, whichever occurs last.
(f) Same-Renewal. The owner of any dog or cat shall have his dog or cat relicensed, as
such licensing is required in subsection (c), above , annually . Such license shall be
considered current for a twelve-month period from the date of issue .
(g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration
certificates are only to be issued by and obtained from veterinarians currently licensed
to practice veterinary medicine in the state after •1accination of the cat 'Nith a U.S.D.A.
licensed rabies vaccine .
(h) New residents . New residents of the city may be issued a current Mile-Hi rabies tag
and registration certificate for their cat OR DOG by a veterinarian licensed to practice in
the state , upon proof of having had the cat OR DOG vaccinated for rabies by a licensed
veterinarian with a current U.S.D.A. licensed rabies vaccine .
(i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or
permit to remain affixed , a tag evidencing licensing and vaccination except for the
specific dog or cat for which the tag was assigned at the time the tag was issued .
Section 5. Safety Clause . The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge , that it is promulgated for the health , safety , and welfare of the public
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and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare . The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained .
Section 6. Severabilitvj Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 7. Effective Date . This Ordinance shall take effect 15 days after final
publication.
INTRODUCED , READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 22nd day of July , 2013 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for August 12, 2013, at 7:00 o'clock p.m., in the Council Chambers, 7500
West 29th Avenue , Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to o , this 12th day of Augus t , 2013 .
SIGNED by the Mayor on this lZth day of __ Au_;gu:;__s_t _____ , 2013 .
ATIEST:
1'C/DiTullio , Mayor
Approved As To Form
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First Publication : July 25 , 2013
Second Publication: August 15, 2013
Wheat Ridge Transcript
Effective Date: August 30, 2013
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