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HomeMy WebLinkAbout05-11-26 - Special Study SessionSPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, May 11, 2026 • Meeting to convene at the conclusion of the Regular City Council meeting which starts at 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: • Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. • Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 11, 2026) • Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 5:00 p.m. on May 11, 2026) • View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Public Comment on Agenda Items 1. Animal Code Update ITEM NO. 1 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Deputy City Manager Jerry Dahl, City Attorney DATE: May 11, 2026 SUBJECT: Animal Code Amendments ISSUE: Several sections of the City’s animal code are outdated or do not reflect current needs or practices. As such, City Council requested a study session to review proposed amendments to the Wheat Ridge Animal Code for Council’s consideration. PRIOR ACTION: • June 2, 2025: the City Council held a Study Session to review several proposed amendments to the City’s animal code, aimed at clarifying language, aligning with best practices, and keeping pace with peer cities. Council discussed many of these items and directed staff to return with the remaining amendments and additional considerations. • September 15, 2025: Council reconvened to address those outstanding issues. This ordinance reflects the guidance provided by Council at both meetings. • February 19, 2026: Planning Commission recommended approval of the proposed changes to Chapter 26 of the Wheat Ridge Code of Laws concerning the keeping of small animals by a vote of 5 to 0 on February 19, 2026. • March 23, 2026: City Council approved Ordinance No. 1840 on first reading. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and approved by a vote of 8 to 0. • April 13, 2026: Mayor Pro Tem Hultin moved to continue the public hearing for this ordinance to the regular business meeting of the Council scheduled to commence at 6:30 p.m. on June 8, 2026. The motion was seconded by Councilmember Okada and approved by a vote of 8 to 0. During the City Council reports, Mayor Pro Tem Hultin clarified that the upcoming animal code hearing in June would address three specific items: swine/domestic pigs, cats at large, and venomous animals. May 11, 2026 Page 2 FINANCIAL IMPACT: None. BACKGROUND: The City of Wheat Ridge’s municipal code includes Chapter 4: Animals, defining which animals may be kept within the community and establishing regulations to safeguard residents and public safety. Staff is seeking Council direction on the following topic areas within Chapter 4. Staff recommendations are included for each section. 1. Venomous Animals During previous discussions with City Council, Staff detailed the regulation regarding ownership of all reptiles, amphibians, and insects. There appeared to be unintended consequences of the code’s structure, which bans all animals by default unless they are specifically listed as allowed. Staff does not believe that most reptiles, amphibians, or insects present inherent health or safety risks. As such, Staff recommended and received consensus from Council on September 15, 2025, to amend the code to allow their possession, while continuing to prohibit a smaller, clearly defined subset of these animal classes that may pose a genuine threat to public safety. Following the discussion, there was a need for a more detailed review and clarification regarding Sec. 4-14(d): Specific animals enumerated. Staff received feedback that this section may now be overly complicated and may have unintentional consequences regarding lawful business operations in the City. Discussion: City Council provided consensus in September 2025 to update Sec. 4-14(d) to read: “Reptiles, amphibians, and insects shall be allowed, except for the following: • Species that possess venom or toxins known to cause serious illness or injury to humans. • Venomous snakes. • Constrictor snakes capable of posing a physical threat to humans or domestic animals including but not limited to: reticulated pythons, green anacondas, and Burmese pythons. • Any animals that have been classified as a dangerous or hazardous species under state or federal law. • Any animals that are not permitted and/or require a license from Colorado Parks and Wildlife to possess. May 11, 2026 Page 3 • Crocodilians, including but not limited to alligators, caimans, and crocodiles. Staff recommend instead leaning more heavily on existing State regulations. In addition, deleting “insects” and adding “invertebrates” as follows: “Reptiles, amphibians, invertebrates, including tarantulas, scorpions, and centipedes, shall be allowed without any requirement for an exception from the chief of police, except for the following: • Any animals that have been classified as a dangerous or hazardous species under state or federal law • Any animals that are not permitted and/or require a license from Colorado Parks and Wildlife to possess • Any species listed under state or federal law as injurious to wildlife or aquatic nuisance species” Staff spoke with the City’s Community Service Officers who are in support of simplifying legislation and referencing State regulation. In this case, there is no existing concern regarding venomous animals that would require additional legislation at this time. Additionally, Staff spoke with local business representatives and they support these amendments. 2. Potbellied Pigs and Swine It is unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal. However, the Chief of Police may grant exceptions to this prohibition through an annual application process. At this time, exceptions that may be granted through the Chief of Police for a potbellied pig have specific requirements as follows: Sec. 4-14(c) Potbellied pigs: (1) Any exceptions granted by the chief of police for a potbellied pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows: a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; b. Every potbellied pig must be neutered or spayed by the age of four (4) months; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d. The potbellied pig must be certified as such by a licensed May 11, 2026 Page 4 veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; f. Outdoor enclosures must be kept clean; g. Prior to the granting of an exception, owners must review educational materials provided by the chief of police related to the care and keeping of potbellied pigs; h. The chief of police shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and i. The chief of police may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. Ordinance No. 1840, Sec. 4-14(d)(1)(l), Sec. 26-204, and Sec. 26-606(G) also proposed, on first reading, to prohibit “swine” in all zone districts, except for potbellied pigs. Staff received a request from councilmembers to also allow for small pigs that are not necessarily defined as potbellied pigs. However, small pigs — such as piglets, gilts, or barrows that have not yet reached market weight — are still members of the swine species. So, whether a pig is large, small, or still growing, it is part of the swine family. Therefore, per the proposed prohibition on swine, small pigs would not be allowed in the City. As such, if City Council would like to allow for potbellied pigs and small pigs, the prohibition on swine would have to be addressed. In addition, the current Code refers to potbellied pigs as Sus scrofa vittatus, which is a wild boar. Potbellied pigs are Sus scrofa domesticus. This Latin reference to potbellied pigs should also be amended. Alternatively, Council may choose to remove the Latin language entirely from this section and instead lean on the existing weight and height limits in Sec. 4-14(c)(1)(c) that meet the intent of City Council. Staff spoke with the Chief of Police and Community Service Officers and received feedback that it would be preferred if the code removed references to Latin and instead only used plain language for ease of enforcement. Additionally, Sec. 4-14(c)(1)(d) May 11, 2026 Page 5 requires all potbellied pigs to be certified by a registered veterinarian, which would meet the intent of assuring accuracy of description. Staff would request that City Council lean on the existing descriptors. 3. Cats at large: The recently proposed revisions to Section 4.8 of the Wheat Ridge City Code include a change to part (a), which currently pertains only to dogs at large, and states that person who is the owner of a dog that runs at large within the city is guilty of dog at large. The proposed revisions to the code included the following language, updating “dogs” to “animals” and creating an exception for domestic house cats. The recently proposed revision to this section follows: Sec. 4-8. Running at large; off-leash dog parks. (a) A person who is a dog AN ANIMAL owner shall be guilty of dog ANIMAL at large if such dog ANIMAL runs at large within the city, WITH THE EXCEPTION OF DOMESTIC HOUSE CATS. ANIMALS PRESENT ON REAL PROPERTY OWNED BY THE OWNER OR PERSON RESPONSIBLE FOR THE ANIMAL SHALL NOT BE CONSIDERED AT LARGE. “Running at large” means off the premises of the owner and not under the effective control of that owner, his agent, servant, or competent member of his family by means of a leash, cord, or chain not to exceed six (6) feet in length …” Discussion: Staff received feedback that there may be interest in reviewing the regulation regarding domestic house cats. City Council may consider additional updates to Sec.4-8 of the code to remove the exemption of domestic house cats. The reason for this potential update would include the following: 1. Cats are second largest human-related cause of bird death, with habitat loss being the largest cause. 2. Running at large increases danger for cats due to automobile encounters, and interactions with predators such as coyotes, foxes, hawks, feral cats, and more. Outdoor cats are said to live only half as long as indoor cats. 3. There is a precedent for Colorado municipalities that restrict domestic cats at large, including Westminster, Fort Collins and Loveland. Staff discussed this proposal with the City’s community service officers, who had concerns regarding the practicality of enforcement, and shared that they don’t currently find domestic cats at large to be a widespread issue in Wheat Ridge. May 11, 2026 Page 6 RECOMMENDATIONS: Staff requests direction from City Council regarding any potential updates to the City’s animal code. ATTACHMENTS: 1. Ordinance No. 1840, approved on first reading ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 07 ORDINANCE NO. 1840 Series 2026 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE MUNICIPAL CODE CONCERNING ANIMAL WELFARE AND REGULATIONS FOR THE SAME WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted and amended Chapter 4 of the Wheat Ridge Code of Laws (the “Code”) concerning animals; and WHEREAS, the Council also previously adopted and amended Chapter 26 of the Code which also contains provisions concerning animals; and WHEREAS, the Council now wishes to further amend Chapters 4 and 26 of the Code concerning the regulation and welfare of animals within the City and provide for administrative enforcement of the same; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 19, 2026, and voted to recommend approval of the Chapter 26 amendments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following sections of Chapter 4 of the Code are amended as follows: Sec. 4-1. Definitions. […] Aggressive dog means any dog that (1) approaches any person, without provocation, in a menacing manner or in an attitude of attack, whether or not an attack actually occurs; (2) inflicts a puncture wound, abrasion, or other wound caused by the dog's teeth upon a person or domestic animal, but the injury does not meet the definition of bodily injury or serious bodily injury; or (3) in an attacking manner encroaches over, through, or under a fence onto public property or the private property of another. AGGRESSIVE ANIMAL: i. ANIMALS THAT APPROACH ANY PERSON, WITHOUT PROVOCATION, IN A MENACING MANNER OR WITH AN APPARENT ATTITUDE OF ATTACK, WHETHER OR NOT AN ATTACK ACTUALLY OCCURS, INCLUDING ANIMALS THAT ARE NOT ADEQUATELY RESTRAINED WITHIN AN ENCLOSED AREA; ii. ANIMALS THAT, IN AN ATTACKING MANNER, ENCROACH OVER, THROUGH, OR UNDER A FENCE ONTO PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF ANOTHER; iii. ANIMALS THAT INFLICT A PUNCTURE WOUND, ABRASION, OR OTHER INJURY ON A PERSON OR DOMESTIC ANIMAL, BUT THE INJURY DOES NOT MEET THE DEFINITION OF BODILY INJURY OR SERIOUS BODILY INJURY; […] DANGEROUS ANIMALS: i. ANIMALS THAT INFLICT OR CAUSE BODILY INJURY, SERIOUS BODILY INJURY UPON A PERSON, OR DEATH UPON A PERSON OR DOMESTIC ANIMAL; ii. ANIMALS THAT ENGAGE IN OR HAVE BEEN TRAINED FOR ANIMAL FIGHTING; iii. ANIMALS THAT HAVE BEEN DETERMINED BY A COURT OF RECORD WITHIN THE STATE OF COLORADO TO BE A VICIOUS OR DANGEROUS ANIMAL AND FOR WHOM THE OWNER DOES NOT COMPLY WITH THE CONDITIONS IMPOSED BY STATE STATUTE, LOCAL ORDINANCE, OR COURT ORDER FOR OWNERSHIP OF SAID ANIMAL. […] Vicious animal means an animal, other than a dog, that unprovokedly bites or attacks humans or other animals, or an animal which is not adequately restrained in an enclosed area that approaches any person in an apparent attitude of attack or in a terrorizing or menacing manner. Sec. 4-8. Running at large; off-leash dog parks. (a) A person who is a dog AN ANIMAL owner shall be guilty of dogANIMAL at large if such dogANIMAL runs at large within the city, WITH THE EXCEPTION OF DOMESTIC HOUSE CATS. ANIMALS PRESENT ON REAL PROPERTY OWNED BY THE ONWER OR PERSON RESPONSIBLE FOR THE ANIMAL SHALL NOT BE CONSIDERED AT LARGE. (b) . . . (c) The city council may, from time to time, direct the creation, alteration and removal of off-leash dog parks within the city. Off-leash dog parks shall be located on city property and shall be governed by and posted with signs giving notice of the following rules and regulations. It shall be unlawful to violate any provision of this subsection (c). Conviction of any provision of this subsection (c) may also result in a loss of privilege to the owner, handler or subject dog to use the city's off-leash dog parks: (1) Off-leash dog parks are open to the public during the same hours the surrounding city property is open to the public. (2) All dogs must be under the effective control of their owners or handlers by means of a leash, cord, or chain not to exceed six (6) feet in length when entering and leaving the designated dog park area. (3) All dogs must display a current rabies tag affixed to the collar. (4) All dogs belonging to city residents must display a current license issued by the licensing administrator as required by section 4-31(c). (5) All dogs must be accompanied by a person seventeen (17) years of age or older. (6) Dog owners and handlers assume full responsibility for their dogs and minor children within the dog park area. (7) Dog owners and handlers must remain within the off-leash dog park area and within sight of their dogs at all times. (8) Dog owners and handlers must remove and promptly dispose of any feces deposited within the dog park area by their dogs. (9) Dogs may not chase or otherwise harass wildlife. (10) 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 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. Sec. 4-10. Rabies control. (a) . . . (b) Any dog, cat or other animal that has bitten any person CAUSING A WOUND BREAKING THE SKIN shall be immediately confined for a period of ten (10) days. No animal under confinement shall be released from confinement until such release has been approved by the community service officer. THE OWNER OF SUCH ANIMAL SHALL FILE, WITHIN FORTY-EIGHT (48) HOURS OF THE INCIDENT, A REPORT OF THAT INCIDENT WITH A COMMUNITY SERVICE OFFICER], THE REPORT TO CONTAIN DATE/TIME OF BITE, PERSON BITTEN, NAME OF ANIMAL OWNER. (c) . . . (d) . . . (e) When an animal under quarantine has been diagnosed as being rabid by a licensesD veterinarian the veterinarian making such diagnosis shall immediately notify the county public health officer and advise THEMhim of any reports of human contact with such rabid dog [animal]. If any animal under quarantine dies while under observation, the community service officer or his THEIR agents shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the community service officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has not beEN inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed. (f) . . . (g) . . . (h) In case of an outbreak of rabies, constituting an emergency situation, the mayor shall be authorized to impose strict regulations pertaining to animals within the city. IT SHALL BE UNLAWFUL FOR AN OWNER TO PROCURE A RABIES VACCINATION FOR AN ANIMAL UNDER QUARANTINE, UNLESS APPROVED BY THE COMMUNITY SERVICES OFFICER IN WRITING. Sec. 4-11. Cruelty or inhumane treatment; HARASSMENT. (a) IT SHALL BE CRUEL OR INHUMANE FOR ANY PERSON TO: (1) It shall be unlawful for any person to Commit or cause to be committed any act of cruelty, harassment, abandonment, torture, mistreatment or neglect to any animal, or to cause any animal to be wounded, mutilated, strangulated or inhumanely killed. (2) For purposes of this section, a person commits an act of harassment upon an animal if such person's conduct or actions causes CAUSE an animal to behave as if frightened, causes the animal displeasure or pain, or otherwise causes the animal to become likely to injure either itself or other persons or animals, or causes the animal to create a nuisance. (3) TRANSPORT AN ANIMAL IN OR ON ANY MOTOR VEHICLE OR TRAILER UNLESS THE ANIMAL IS SAFELY RESTRAINED. AS USED IN THIS SECTION, RESTRAINED IS DEFINED AS ENCLOSED WITHIN A VEHICLE OR TRAILER WITH NO OPENINGS LARGE ENOUGH TO PERMIT THE ANIMAL TO EXIT THE VEHICLE OR TRAILER ON ITS OWN, OR PLACED WITHIN A SECURED CONTAINER, CAGE OR OTHER ENCLOSURE OR RESTRAINING DEVICE SUFFICIENT TO PREVENT THE ANIMAL FROM FALLING FROM, BEING THROWN FROM OR JUMPING FROM THE VEHICLE. AS USED IN THIS SECTION, PUBLIC PLACE IS DEFINED AS ANY PLACE OPEN TO AND GENERALLY USED BY THE PUBLIC, WHETHER PUBLICLY OR PRIVATELY OWNED, INCLUDING, BUT NOT LIMITED TO, STREETS, HIGHWAYS, ALLEYS, PARKING LOTS, SCHOOLS AND COMMERCIAL ESTABLISHMENTS. (4) LEAVE AN ANIMAL IN AN UNATTENDED VEHICLE WITHOUT ADEQUATE VENTILATION OR IN ANY MANNER WHICH SUBJECTS THE ANIMAL TO EXTREME TEMPERATURES OR OTHER CIRCUMSTANCES THAT ARE DANGEROUS OR DETRIMENTAL TO THE ANIMAL’S HEALTH OR WELFARE. a. IF THE COMMUNITY SERVICE OFFICER OR POLICE OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT THE KEEPING OR MAINTAINING OF ANY ANIMAL IS SO HAZARDOUS, UNSAFE, OR DANGEROUS AS TO REQUIRE IMMEDIATE INSPECTION TO SAFEGUARD THE ANIMAL OR THE PUBLIC HEALTH OR SAFETY, THE COMMUNITY SERVIE OFFICER OR POLICE OFFICER SHALL HAVE THE RIGHT IMMEDIATELY TO ENTER AND INSPECT THE PROPERTY OR VEHICLE IN OR UPON WHICH THE ANIMAL IS KEPT, AND MAY USE ANY REASONABLE MEANS REQUIRED TO EFFECT SUCH ENTRY AND MAKE SUCH INSPECTION, WHETHER THE PROPERTY OR VEHICLE IS OCCUPIED OR UNOCCUPIED AND WHETHER PERMISSION TO INSPECT HAS BEEN OBTAINED OR NOT. IF THE PROPERTY OR VEHICLE IS OCCUPIED, THE COMMUNITY SERVIE OFFICER OR POLICE OFFICER SHALL FIRST PRESENT PROPER CREDENTIALS TO THE OWNER OR OCCUPANT OF THE PROPERTY OR VEHICLE AND DEMAND ENTRY, EXPLAINING REASONS THEREFOR AND THE PURPOSE OF THE INSPECTION. SUCH ENTRY SHALL BE SOLELY FOR THE PURPOSE OF ABATING THE VIOLATION AND NO EVIDENCE OBTAINED DURING OR AS A RESULT OF SUCH ENTRY SHALL BE ADMISSIBLE FOR PURPOSES OF PROSECUTION. (b) Ownership of the animal in question shall not be a justifiable defense for acts or conduct prohibited by this section or for a violation of this section. (c) AnY community service officer or other employee or official of the city may impound an animal or animals pursuant to section 4-52 if the officer, employee or official reasonably believes that such impoundment is necessary for the health or safety of any mistreated animal. The animal owner shall be liable for all expenses arising from such impoundment or any medical treatment for the animal during such impoundment. Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a native animal of this state or not. THIS PROHIBITION SHALL NOT APPLY TO THREATENED OR ENDANGERED SPECIES LISTED UNDER STATE, FEDERAL, OR INTERNATIONAL LAW AND KEPT BY A LICENSED ENTITY WITHIN THE CITY. (b) Exceptions. The chief of police may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. APPLICATIONS FOR AN EXCEPTION MUST BE FILED WITH THE CHIEF OF POLICE ON FORMS MAINTAINED BY THE CHIEF’S OFFICE, ALONG WITH THE APPLICATION FEE SET BY THE CITY COUNCIL FROM TIME TO TIME. THE CHIEF OF POLICE IN THEIR SOLE DISCRETION MAY GRANT, GRANT WITH CONDITIONS OR DENY THE APPLICATION. (c)… (d) Specific animals enumerated. (1) The following animals are domestic animals: a. Aquarium fishes b. Psitocine birds, aviary finches, etc, farm birds (ducks, geese, swans, poultry) c. Domestic rabbit (Oryctolagus cuniculus) d. Mongolian gerbil (Meriones unguicularus) e. Guinea pig ( Cavia porceilus) f. Hamster (Musorcriectus auratus) g. Domestic laboratory mouse (Mus domesticus) h. Domestic laboratory rat (Rattus rattus albino strain) i. Domestic cat (Felis catus) j. Domestic dog (Canas familiaris) k. Domestic livestock, including but not limited to: horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine l. SWINE AS DOMESTIC ANIMALS ARE PROHIBITED IN ALL ZONE DISTRICTS PER CHAPTER 26 (except potbellied pigs, Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). (2) REPTILES, AMPHIBIANS, AND INSECTS SHALL BE ALLOWED, EXCEPT FOR THE FOLLOWING: a. SPECIES THAT POSSESS VENOM OR TOXINS KNOWN TO CAUSE SERIOUS ILLNESS OR INJURY TO HUMANS. b. VENOMOUS SNAKES c. CONSTRICTOR SNAKES CAPABLE OF POSING A PHYSICAL THREAT TO HUMANS OR DOMESTIC ANIMAL INCLUDING BUT NOT LIMITED TO: RETICULATED PYTHONS, GREEN ANACONDAS, AND BURMESE PYTHONS d. ANY ANIMALS THAT HAVE BEEN CLASSIFIED AS A DANGEROUS OR HAZARDOUS SPECIES UNDER STATE OR FEDERAL LAW e. ANY ANIMALS THAT ARE NOT PERMITTED AND/OR REQUIRE A LICENSE FROM COLORADO PARKS AND WILDLIFE TO POSSESS. f. CROCODILIANS, INCLUDING BUT NOT LIMITED TO ALLIGATORS, CAIMANS, AND CROCODILES (3) Exotic and wild animals shall consist of every other creature within the animal kingdom. Sec. 4-17. Unlawful possession of dangerous ANIMAL OR dog. (a) It is unlawful for a person who is a dog owner to keep, harbor or possess a VICIOUS ANIMAL OR A dangerous dog within the city. NOTHWITHSTANDING THIS PROHIBITION, A COURT MAY AUTHORIZE THE POSSESSION OF SUCH AN ANIMAL IF THE OWNER COMPLIES WITH THE REQUIREMENTS OF SECTIONS 4-17(e) AND 4-17(f), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT. (b) An affirmative defense to the violation of subsection (a) of this section shall be: (1) That, at the time of the attack by the ANIMALdangerous dog, which caused injury to or the death of a domestic animal: a. . . . b. The domestic animal was biting or otherwise attacking the dangerous OR VICIOUS animal or its owner. (2) That, at the time of the attack by the dangerous dog, which caused injury to a person, the victim of the attack was: a. Committing or attempting to commit a criminal offense against the dog ANIMAL owner, and the attack did not occur on the owner's property; or b. . . . c. Tormenting, provoking, abusing or inflicting injury upon the ANIMAL dog in such an extreme manner that the attack was a result of the victim's actions. (c) . . . (d) . . . (e) . . . (1) . . . (2) . . . (3) At all times when the dog is at the property of the dog owner, the dog owner shall keep the dog confined except as further allowed by this section. When outdoors, the dog shall be confined in an escape-proof enclosure WHICH IS ALSO DESIGNED TO PREVENT ACCIDENTAL ENTRY BY ANYONE, INCLUDING CHILDREN. All structures must be locked with a key or combination lock when the dog is within the structure. Such structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two (2) feet. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. All structures erected to house such dog must comply with all zoning and building requirements. The community services officer shall inspect the structure to ensure compliance with suchTHESE conditions. (4) . . . (5) . . . (6) . . . (7) . . . (8) . . . (9) The dog owner shall not sell or transfer the dog to any person except a member of the dog owner's immediate family OR TO A RESPONSIBLE CARETAKER who shall then be deemed the dog owner and subject to all the requirements of this title. For the purposes of this subsection, "immediate family" shall mean the owner's spouse, child, parent, or sibling, “RESPONISBLE CARETAKER” SHALL MEAN A PERSON APPROVED IN THE REASONABLE JUDGEMENT OF THE COMMUNITY SERVICE OFFICER. […] Sec. 4-18. Unlawful possession of aggressive ANIMAL OR dog. (a) It is unlawful for a person who is a dog owner to keep, harbor or possess an aggressive dog within the city. NOTWITHSTANDING THIS PROHIBITION, A COURT MAY AUTHORIZE THE POSSESSION OF SUCH AN ANIMAL IF THE OWNER COMPLIES WITH THE REQUIREMENTS OF SECTIONS 4-18(C) AND 4-18(D), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT. (b) . . . (c) . . . (1) The dog owner shall, at the dog owner's expense, have a microchip containing an identification number implanted into the dog and provide such information to the COMMUNITY SERVICE OFFICER section of the wheat ridge police department. The dog owner shall produce the dog for verification by a COMMUNITY SERVICE OFFICER of the microchip implementation. THE COMMUNITY SERVICE OFFICER SECTION OF THE WHEAT RIDGE POLICE DEPARTMENT shall maintain records containing the registration number and name of said dog and name and address of the dog owner. The dog owner shall be responsible for notifying THE COMMUNITY SERVICE OFFICER of any change in the address, ownership, or death of the dog. (2) . . . (3) . . . (4) . . . (d) . . . (1) . . . (2) . . . (3) The dog owner shall, at the dog owner's expense, have the animal spayed or neutered and shall provide proof to the COMMUNITY SERVICE OFFICER section of the wheat ridge police department that the sterilization has been performed. (e) . . . Sec. 4-31. Dog and cat licenses. (a) . . . (b) . . . (c) Required; described. A license is required for all dogs and cats FROM THE LICENSING AUTHORITY IDENTIFIED BY, AND IN FORM AND CONTENT APPROVED BY THE LICENSING ADMINISTRATOR.n the 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. 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, 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) . . . (f) . . . (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. (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. (i) . . . Sec. 4-33. Guard dogs. It shall be unlawful for any person to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met: (1) The dogs shall be confined to an enclosed area adequate to ensure they will not escape AND SO AS TO HAVE SAFEGUARDS IN PLACE THAT PREVENT ACCIDENTAL OR UNINTENTIONAL ENTRY BY ANYONE, INLCUDING CHILDREN; or (2) . . . (3) . . . (4) . . . (5) COMMUNITY SERVICE OFFICERS SHALL HAVE THE AUTHORITY TO ISSUE A CEASE AND DESIST ORDER IF THEY DETERMINE THAT THE PRESENCE OR CIRCUMSTANCES OF GUARD DOGS POSE A DANGER TO ANY PERSON, PROPERTY, OR ANIMAL. SUCH CEASE AND DESIST ORDER IS SUBJECT TO THE ADMINISTRATIVE HEARING APPEALS PROCESS AT CODE SECTION 2-80 et seq. Sec. 4-34. Kennel licenses. (a) . . . (b) . . . (c) . . . (d) . . . (e) .. . . (1) . . . (2) . . . (3) . . . (4) . . . (5) 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, OR AT ANY TIME IF THERE IS REASONABLE CAUSE TO SUSPECT THAT THE OPERATION IS A DANGER TO THE HEALTH AND SAFETY OF THE ANIMAL OR THE PUBLIC. Sec. 4-52. Custody and disposition of impounded animals. (a) . . . (b) . . . (c) . . . (d) . . . (e) . Whenever a community services officer or other employee or agent of the city impounds an animal, such animal shall be impounded in a humane manner for a period of not less than five (5) days following the date of notice to the animal owner of such impoundment pursuant to section 4-53; any animal so impounded which is not claimed within said five-day period may be disposed of by sale, donation or destruction at the sole discretion of the animal shelter. WHENEVER A COMMUNITY SERVICES OFFICER OR OTHER EMPLOYEE OR AGENT OF THE CITY IMPOUNDS AN ANIMAL, SUCH ANIMAL SHALL BE IMPOUNDED IN A HUMANE MANNER FOR A PERIOD OF NOT LESS THAN FIVE (5) DAYS FOLLOWING THE DATE OF NOTICE TO THE ANIMAL OWNER OF SUCH IMPOUNDMENT PURSUANT TO SECTION 4-53. NO ANIMAL SHALL BE DESTROYED, SOLD, OR DONATED UNLESS ORDERED BY A JUDGE AFTER A HEARING, WHICH MAY BE NOTICED AT THE SAME TIME AS THE IMPOUNDMENT NOTICE, PROVIDED THE HEARING OCCURS NO SOONER THAN FIVE (5) DAYS AFTER THE HEARING NOTICE IS GIVEN. EXCEPTIONS APPLY IN CASES WHERE THE ANIMAL IS CRITICALLY ILL OR INJURED, SUFFERING EXTREME PAIN, AND/OR HAS A POOR PROGNOSIS FOR RECOVERY. THE ANIMAL SHELTER SHALL CONSULT WITH A VETERINARIAN AS TO THE DISPOSITION OF INJURED ANIMAL, WHEN THE ANIMAL’S PROGNOSIS CANNOT BE ASCERTAINED BY THE ANIMAL SHELTER WITH REASONABLE CERTAINTY. THE OWNER OF AN IMPOUNDED ANIMAL IS RESPONSIBLE FOR BOARDING AND IMPOUNDMENT FEES ESTABLISHED BY THE SHELTER. THE CITY, ITS EMPLOYEES, THE ANIMAL SHELTER, AND ANY CONSULTED VETERINARIAN SHALL BE IMMUNE FROM LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SECTION. (f) No animal shall be destroyed before the lapse of five (5) days following notice of impoundment pursuant to section 4-53, unless the animal shelter determines that the animal is critically ill or injured, is suffering extreme pain, and/or has a poor prognosis for recovery. The animal shelter shall consult with a veterinarian as to the disposition of injured animals, when the animal's prognosis cannot be ascertained by the animal shelter with reasonable certainty. The owner of any impounded animal shall be responsible for the payment of such boarding and impoundment fees established by the animal shelter. The city and its employees, the animal shelter and its employees, and any veterinarian consulted shall be immune from liability for any actions taken pursuant to this section. (g) (f) Notwithstanding the foregoing, whenever an animal is impounded by order of the municipal court or other court, the animal shelter shall not sell, donate or destroy such animal unless such action is permitted by a subsequent order of the same court which ordered the initial impoundment. THE MUNICIPAL COURT IS AUTHORIZED TO ORDER A HOLD ON ANIMALS SUSPECTED OF NEGLECT, AS WELL AS ANY ANIMALS SEIZED OR IMPOUNDED DUE TO CRUELTY, INHUMANE CONDITIONS, DESIGNATION AS A DANGEROUS OR AGGRESSIVE DOG, OR FOR BEING A SERVICE ANIMAL, UNTIL THE RESOLUTION OF THEIR CASE. Section 2. Section 2-80 of the Municipal Code is amended to read: Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative PROCEDURES AND penalties that may be imposed for violation of the following portions of this Code CHAPTER 4, ARTICLES I AND II ANIMALS, chapter 5, buildings and building regulations; chapter 9, health; chapter 13, motor vehicles and traffic; chapter 15, nuisances; article X of chapter 11 concerning massage businesses, article XIV of chapter 11 concerning short term rentals; chapter 21, streets and sidewalks; chapter 22, taxation; chapter 24, vegetation; chapter 26, zoning. Section 3. Section 26-204 (zone district use schedule) of the Code is amended by replacing the note in the “Table of Uses - Agricultural and Public Facilities” as follows: Uses Notes A-1 A-2 PF or keeping of stock, bee keeping, poultry or small animals such as rabbits or chinchillas raising or keeping of swine INCLUDED in A-2: The keeping of swine and/or potbellied pigs, Sus Scrofa Vittatus, except such animals shall not be fed garbage PROHIBITED IN ALL DISTRICTS: THE RAISING OR KEEPING OF SWINE, WITH THE EXCEPTION OF POTBELLIED PIGS, UNDER P P Section 2. Section 26-206 of the Code is amended by the addition of new subsections B and G with appropriate re-numbering of the section to read as follows: Sec. 26-606. - Small animals and poultry. The private keeping of small animals, such as dwarf goats, rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A-1 or A-2 districts. A. Except when in compliance with section 26-605 (large animals), dwarf goats shall be limited to a maximum of three (3) per residential dwelling unit, plus their unweaned offspring and provided no un-neutered male dwarf goats shall be allowed. For each dwarf goat, a minimum of one hundred thirty (130) square feet of permeable lot area shall be provided in the side or rear yard. B. FOR LOTS THAT ARE UNDER ONE (1) ACRE IN SIZE, ONLY ONE (1) ROOSTER IS PERMITTED IN RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS. FOR LOTS THAT ARE ONE (1) ACRE IN SIZE OR LARGER, UP TO THREE (3) ROOSTERS ARE PERMITTED IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. ROOSTERS ARE NOT PERMITTED IN ANY OTHER ZONE DISTRICTS. C. Poultry houses and pigeon coops, or the portions of these and other structures used to house or provide shelter for small animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. D. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. E. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. F. All houses, coops, hutches or portions of these and other structures housing or providing shelter for small animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. G. THE RAISING OR KEEPING OF SWINE IS PROHIBITED IN ALL ZONE DISTRICTS WITH THE CITY. THIS PROHIBITION SHALL NOT APPLY TO POTBELLIED PIGS WHICH MUST COMPLY WITH SECTION 4-14. H. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. I. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 4. Effective Date. This 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 reading by a vote of ___ to ___ on this 23rd day of March 2026, ordered published by title in a newspaper of general circulation in the City of Wheat Ridge and in full on the City’s website, and Public Hearing and consideration on final passage set for April 13, 2026 at 6:30p.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 ___ to ___, this 13th day of April 2026. SIGNED by the Mayor on this _____ day of ____________, 2026. ________________________________ Korey Stites, Mayor ATTEST: _________________________ Janeece Hoppe, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: March 24, 2026 Second Publication: April 14, 2026 Effective Date: April 29, 2026 Published: Jeffco Transcript and www.ci.wheatridge.co.us