HomeMy WebLinkAboutOrdinance-1994-0961
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. -12- ORDINANCE NO. ~
Series of 1994
TITLE:
AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, COLORADO TO CLARIFY THE TRAPPING REQUIRE-
MENTS AND REGULATIONS FOR THE PROTECTION OF WILDLIFE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws, Chapter 16, subsection 16-64,
"Protection of Wildlife," is hereby amended as follows:
"Sec. 16-64.
(a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, it is
unlawful to willfully and unncccoourily shoot, capture, harass,
injure or destroy any wild bird or animal or to attempt to shoot,
capture, harass, injure or destroy any such wild bird or animal
anywhere within this city.
Section 2. Wheat Ridge Code of Laws, Chapter 16, subsection 16-64,
"Protection of wildlife," is hereby amended by the addition of a
subsection 16-64 (c) (3) and (c) (4) as follows:
(3) "HUMANE TRAP" INCLUDES ANY TRAP WHICH DOES NOT CAUSE
PHYSICAL INJURY, PAIN OR SUFFERING TO A TRAPPED ANIMAL. STEEL-JAW
LEG HOLD TRAPS, AND SNARES ARE SPECIFICALLY EXCLUDED FROM THIS
DEFINITION, BUT THE CITY SHALL NOT BE PRECLUDED FROM DETERMINING
THAT ANY OTHER TYPE OF TRAP IS ALSO EXCLUDED FROM THIS DEFINITION.
(4) "CAUSING DAMAGE ON LAND" AS PROVIDED HEREIN SHALL MEAN
PHYSICAL INJURY TO BUILDINGS OR IMPROVEMENTS OR DESTRUCTION OR
INJURY OF DOMESTIC ANIMALS OR PETS LAWFULLY KEPT THEREON.
Section 3. Wheat Ridge Code of Laws, Chapter 16, subsection 16-64,
"Protection of wildlife," is hereby amended by the addition of a
new subsection 16-64 (f) and subsequent relettering of existing
subsection (f) to become subsection (g) as follows:
(f) IF ANY WILD BIRD OR ANIMAL IS CAUSING DAMAGE ON LANDS,
WITHIN THE CITY, OWNED OR LEASED BY ANY PERSON, SUCH PERSON OR ANY
MEMBER OF HIS FAMILY, OR HIS AGENT, MAY TRAP SUCH WILD BIRD OR
ANIMAL, SUBJECT TO THE PROVISIONS OF THIS SECTION.
Section 4. Wheat Ridge Code of Laws, Chapter 16, subsection 16-64,
"Protection of wildlife," is hereby amended by the addition of a
new subsection 16-64 (g) (2) and subsequent renumbering of existing
subsections (f) (2) and (3) to become subsections (g) (3) and (4) as
follows:
Page 2
(2) ANY PERSON WHO TRAPS AN ANIMAL PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL IMMEDIATELY NOTIFY POLICE DEPARTMENT OF SUCH
TRAPPING. THE POLICE DEPARTMENT SHALL HAVE THE EXCLUSIVE RIGHT AND
AUTHORITY TO DETERMINE THE DISPOSITION OF ANY SUCH TRAPPED ANIMAL.
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, 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
obtained.
Section 6. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
of 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
application to other persons or circumstances.
Section 7. This Ordinance shall take effect one day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 28th day of March, 1994, 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
Monday, April 25, 1994, 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 7 to 0, this 25th day of ADri 1 , 1994.
signed by the Mayor on this 26th day of
Apri 1
, 1994.
~~~.J
DAN WILDE, MAYOR
[,
~ 1\
9}'~iA 4~L/ tvVL <-
Wanda Sang, CitY(~lerk
APPROVED AS TO FORM BY CITY ATTORNEY
~~ "AIL/){?~~
KATHRY L. SCHROEDER, CITY ATTORNEY
Page 3
1st Publication: April 5, 1994
2nd Publication: May 3, 1994
Wheat Ridge Sentinel
Effective Date: May 4, 1994