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Home My WebLink AboutOrdinance-1998-1135 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SHAVER Council Bill No. 35 Ordinance No 1135 Series of 1998 TITLE. AN ORDINANCE CONCERNING ANIMAL CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1 Section 2-56 of the Code of Laws is amended by the deletion of the phrase "Animal Control Commission" as it appears in the heading and text of said Section, and the insertion of the phrase "Animal Welfare and Control Commission" in place thereof Section 2. Sections 4-2 and 4-14 of the Code of Laws are amended by the deletion of the phrase "Animal Control Commission" as it appears in the heading and text of said Sections, and the insertion of the phrase" Animal Welfare and Control Commission" in place thereof Section 3 The definition of "animal shelter" in Section 4-1 of the Code of Laws is amended as follows Animal shelter means Jefferson ^nirnol Shelter, Inc., TABLE MOUNTAIN ANIMAL SHELTER, which is hereby designated by the City as the facility for the boarding and caring of any animal impounded under the provision of this chapter or any other ordinance or law of this state. Section 4 Section 4-34 of the Code of Laws is amended as follows Section 4-34 Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six months of age or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police (b) Kennel licenses must be renewed every year between January 1 and March 1 No kennel license shall be issued until A RECOMMENDATION OF approval of the kennel by HAS BEEN OBTAINED FROM the animal WELFARE AND control commission GED\53027\258518,01 -1- (c) The yearly license fee for kennels shall be as established by THE COMMISSION by resolution (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital. (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. s35-80-101-117. 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 COMMISSION THE APPLICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPERTY TO BE LICENSED THE COMMISSION MAY REQUIRE A PUBLIC HEARING BEFORE A NEW KENNEL LICENSE IS RECOMMENDED FOR APPROV AL. 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 COMMISSION shall €Itfeet INFORM the chief OF POLICE of #Ieif ITS decision. The fee for 3ueh hearing 3hall be 3ct by the animal control commission. The policy as to the hearing of eviderlCe and procedure of the eomA'lis3ion 3hall be by a re3olutioA initiatin!:j 3ueh requirement3 as the eommi3sion deems ncccssary, THE RECOMMENDATION OF THE COMMISSION SHALL BE FORWARDED TO THE CHIEF OF POLICE, WHO SHALL ACT TO APPROVE, APPROVE WITH CONDITIONS, OR DENY THE APPLICATION WITHIN 30 DAYS OF THE COMMISSION'S RECOMMENDA TION THE CHIEF OF POLICE MAY PROMULGATE RULES AND REGULATIONS TO ESTABLISH MINIMUM STANDARDS FOR THE CARE AND TREATMENT OF ANIMALS AT ANY FACILITY GED\53027\25851801 -2- LICENSED UNDER THIS SECTION, AFTER REVIEW AND APPROVAL BY THE ANIMAL WELFARE AND CONTROL COMMISSION ANIMAL PARK ENFORCEMENT 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 COMMISSION FOR SUSPENSION, REVOCATION OR NONRENEWAL OF THE KENNEL LICENSE. THE ANIMAL 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 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 attained. Section 6 Severability; 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 fifteen days after final publication, as provided by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 2 on this 12th day of October, 1998, 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 GED\53027\258518,01 -3- November 9, 1998, 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 0, this 9th day of November, 1998. SIGNED by the Mayor on this 20th day of November, 1998. ,/'., A' / i' f L (- -'I' ,I '- ./ , '. , <. . ~ ~.! G~C~~N CE~t"EN~,/~1..~~~':~<--", ATTEST. APPROVED AS TO FORM BY CITY ATTORNeY r " / ,-) _' /d ; I : /(' -' ,\,,4.{f/(U.i 1.-- ", L,;'- 0'- , GERALD E. DAHL, CITY ATTORNEY First Publication' October 16, 1998 Second Publication' December 4, 1998 Wheat Ridge Transcript Effective Date: DECEMBER 19, 1998 GED\530271.25851801 -4-