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HomeMy WebLinkAboutOrdinance-1982-0491INTRODUCED BY COUNCILMEMBER DAVIS ORDINANCE NO. 491 Series of 1982 TIELE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, BY REPEALING AND REENACTING SECTION 4-9, EXOTIC, DANGEROUS AND UNUSUAL ANIMALS, AND PROVIDING A PENALTY FOR A VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: WHEREAS, the Animal Control Commission of the City of Wheat Ridge, Colorado, has reviewed the Ordinances of the City and recommends that it is in the best interest of the citizens of the City of Wheat Ridge that the changes proposed herein be made to the Code of Laws of the City of Wheat Ridge. NOT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Section 4-9, Exotic, Dangerous and Unusual Animals, of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: (a) It shall be unlawful for any person to own, possess, harbor, sell or in any other manner traffic in any exotic or wild animals,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 Colorado animal or not. (b) The Animal Control Commission may grant exception to this sec- tion for successive periods of time not to exceed 12 months. (c) Definitions: Exotic - Not indigenous, foreign. Animal Control Commission's interpretation: Any animal that is "exotic" is one not normally found in Wheat Ridge. That doesn't imply that the animal must exist in the wild in Wheat Ridge to not be considered exotic; e.g., there are lots of parakeets in the city, but they are not native. Wild - Occurring, growing, or living in a natural state; not domesticated, cultivated or tamed. Domesticated - Adapted to human living conditions and practical uses; tame. (d) Domestic Animals Aquarium Fishes Psitocine Birds, Aviary Finches, etc, Farm Birds - (Ducks, Geese, Swans, Poultry) Domestic Rabbit (Oryctolagus Coniculus) Mongolian Gerbil (Meriones Unguicularus) Guinea Pig (Cavia Porceilus) Hamster (Mesorcricetus Auratus) Domestic Laboratory Mouse (Mus Domesticus) Domestic Laboratory Rat (Rattus Rattus Albino Strain) Domestic Cat (Felis Catus) Domestic Dog (Canis Familiaris) Domestic Livestock including but not limited to: Horses, cattle sheep, goats, swine, mules, donkeys, burros, llamas, honey bees. ORDINANCE NO. 491 -2- Exotic and Wild Animals. Every other creature within the Animal Kingdom. (e) Owners of any animals prohibited under the provisions of this ordinance have sixty (60) days from final publication of this ordinance to bring themselves into compliance therewith, or to receive an exception from the Animal Control Commission as st,ecified in Section 4-9 (b). Section 2. 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, 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. "Potion 3. Penalty. Any individual, association, partnership, corporation or any other entity violating any provision hereof shall be guilty of a misdemeanor, and upon conviction of such violation shall be subject to a fine not to exceed $300, which fine may not be suspended in whole or in any part, or imprisonment not to exceed 90 days, or both such fine and imprisonment. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its appli- cation to other persons or circumstances. Section 5. This Ordinance shall take effect 15 day(s) after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of 6 to 1 , this 8th day of March , 1982; 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 March , 1982, at 7:30 o'clock p.m., at Council Chambers 7500 West 29th Avenue, Wheat Ridge, Colorado. Postponed, Republished for hearing on April 26, 1982. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 26th day of April , 1982. SIGNED by the Mayor on this 28th day of April , 1982. ATTEST: Carol Hampf, Cit lst Publication 2nd Publication Effective Date ` rr 1 a Cler. Mar. 11, 1982 May 6, 1982 Mav 21. 1982 Frank. Stites, Mayor. f a <t N, r i % APPROVED AS TO FORM BY OFFICE 0 ITY A TO EY V '