HomeMy WebLinkAboutOrdinance 2012-1521CI TY OF WHEAT RIDGE , COLORADO
I NTRODU CE D BY COUNCI L MEMBER STITES
Council Bill No. 18
Ord i nance No. l ffi
Senes of 2012
TI T LE: AN ORDINANCE AMENDING SUBSEC TI ON 4-34(E ) O F THE
WHEAT RIDGE CODE OF LAWS, CON CERNING K EN NEL
LI CENSE REQUIREMENTS, TO PROHIBIT VARIANCES T HAT
CONFLICT W ITH T HE CITY'S ZON I NG REGU L ATION S
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 previously adopted dog and cat kennel
license requirements , including the imposition of a maximum number of dogs and cats permitted ,
codified as Section 4-34 of the Wheat Ridge Code of Laws ("Code");
WHEREAS, Code Subsection 4-34(e) authorizes the Chief of Police to grant variances
from the requirements of Section 4-34; and
WHEREAS, in rendering a decision on such a variance application , Code Subsection 4-
34(e) does not currently authorize the Chief of Police to consider whether the keeping of animals
proposed by the variance is permitted or prohibited by the City's zoning regulations , codified as
Chapter 26 of the Code ; and
WHEREAS, as a result , the Chief of Police could grant a kennel license variance
application that authorizes a use of property that is prohibited by another portion of the Code; and
WHEREAS, while the City's zoning regulations are valid and enforceable against a
property regardless of action taken by the Chief of Police on a kennel license variance application
for the same property, City staff believes it would provide clarity and consistency to the Code to
prohibit Chapter 4 variances that conflict with the City's zoning regulations .
NOW T HEREFORE BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF
WHEAT RIDGE, COLORADO:
Secti on 1. Subsection 4-34(e) of the Wheat Ridge Code of Laws , concerning kennel
license requirements , is hereby amended as follows:
(e) This section shall not apply to and will not be construed to require a
kennel license for any pet shop which sells animals of less than six (6)
months of age.
Any person or business applying for or holding a kennel license must be
currently licensed by the State of Colorado. Pursuant to the Pet Animal Care and
Facilities Act, C.R.S . §§ 35-80-101-35-80-117.
The issuance of a new kennel license shall be based on the following
minimum requirements:
Application for a new kennel license or for transfer of an existing license shall
be made to and a recommendation of approval obtained from the ANIMAL
WELFARE AND CONTROL commission . The application shall include a detailed
description of the property to be licensed.
The ANIMAL WELFARE AND CONTROL commission may require a public hearing
before a new kennel license is recommended for approval. The hearing shall be posted and
published in the same manner as in section 26-6.
The animal welfare and control commission shall have the authority to conduct a
hearing to consider whether to recommend that the chief of police grant a variance to
subsection (a) above as to the number of animals permitted and the AN IM AL WELFARE
AND CONTROL commission shall inform the chief of pol ice of its decision.
The recommendation of the ANIMAL WELFARE AND CONTROL commission shall be
forwarded to the chief of police , who shall act to approve, approve with conditions , or deny
the application within thirty (30) days of the ANIMAL WELFARE AND CONTROL
commission's recommendation . THE CHIEF OF POLICE SHALL NOT APPROVE A
VARIANCE APPLICATION THAT PROPOSES THE USE OF PROPERTY IN VIOLATION
OF CHAPTER 26 OF THIS CODE.
The chief of police may promulgate rules and regulations to establish minimum
standards for the care and treatment of animals at any facility licensed under this section,
after review and approval by the animal welfare and control commission .
Community service officers or any agent of the chief of police have the authority to
inspect any licensed facility under this section during normal posted business hours.
Violations of any of this section may be brought before the animal welfare and control
commission for review, and a hearing may be initiated by the AN IM AL WELFARE AND
CONTROL commission for suspens ion, revocation or nonrenewal of the kennel license.
The animal welfare and control commission may recommend , and the chief of police may
revoke , suspend or not renew a license for failure to comply with any of the requirements of
this section . No such action may be taken without prior notice to the licensee and an
opportunity for the licensee to present evidence and testify. No decision by the chief of
police under this section shall bind, alter, or affect a subsequent decision on a subsequent
application, either for a new kennel license or for renewal of an existing license . Nothing in
this section shall affect the independent authority of appropriate city officials to take action
with respect to vicious animals, threats to public safety, or the enforcement of any other
provision of this Code of Laws .
Section 2. Safety Clause. The City Council hereby finds , determines, and declares
that th is 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 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 legis lative object sought to be atta ined.
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Section 3. Severab ility ; Confl icting Ordinances Repealed . If any section . subsection or
clause of th is 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 provis ions of th is Ordinance are hereby
repealed .
Section 4. Effective Date. Th is Ordinance shall take effect fifteen (15) days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first read ing by a vote of 8 to 0 on this 27th
day of August, 2012, ordered published In full in a newspaper of general circulation in the City of
Wheat Ridge and Public Heari ng and cons ideration on final passage set for September 10, 2012.
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
6 to 0 , this lO t h day of September . 2012 .
ATTEST:
First Publication: August 30, 2012
Second Publication: September 13 , 2012
Wheat Ridge Transcript
Effective Date: September 28 , 2012
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