HomeMy WebLinkAboutOrdinance 1569TITLE :
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 07-2015
ORDINANCE NO. 1569 ----Series 2015
AN ORDINANCE PROVIDING FOR THE SUNSET OF THE
AN IMAL WELFARE AND CONTROL COMMISSION
WH EREAS , pursuant to Section 9.1 of the Home Rule Charter, the Council has
the authority to provide by ordinance for the continuation or the sunset of all City Boards
and Commissions; and ,
WHEREAS , the Animal Welfare and Control Commission has capably served the
City of Wheat Ridge, its residents , and most important, the interests of wild and
domestic animals in the City since its creation ; and ,
WHEREAS , the City Counci l expresses its sincere appreciation for all members
of the Animal Welfare and Control Commission , both past and present, for their diligent
cont ributions to the Commission 's vision ; and ,
WHEREAS , the City Council has determined that it is in the best interest of the
City that the Animal Welfare and Control Commission is no longer needed to perform
functions which are otherwise in the charge of other City departments, and therefore
has determined to sunset the Commission.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY
OF W HEAT RIDGE, COL ORADO:
Section 1 . The Animal Welfare and Control Comm ission is hereby terminated .
Secti on 2. Section 2-52 of the Wheat Ridge Code of Laws is amended to read :
S ec. 2-5 2. -Esta b lis hment.
The following boards and commissions of the city are hereby
established : Cultural commission , animal control commission ,
parks and recreation commission , building code advisory
board , plann i ng commission, and board of adjustment.
Section 3 . Section 2-56 of the Wheat Ridge Code of Laws , entitled "An i mal
welfare and control commission ," is repealed i n its entirety and renamed as
"Reserved ."
Section 4 . Section 4 -2 of the Wheat Ridge Code of Laws entitled "Animal
we lfare & control commission " is repealed in its entirety and renamed as
"Reserved ."
Secti on 5. Section 4-10(c) of the Wheat R idge Code of Laws is amended to
read :
It shall be unlawful for the owner of any dog , cat or other animal
that has bitten any person to destroy such animal before it can
be properly confined by the community service officer. The
location of such confinement shall be determined by the animal
control commission COMMUNITY SERVICES TEAM
SUPERVISOR and shall be at the expense of the owner.
Section 6. Section 4-14 of the Wheat Ridge Code of Laws entitled "Exotic or
wild animals" is amended to read :
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.
(b) Exceptions. The animal ·.velfare and control commission CHIEF
OF POLICE may grant exceptions to this section for successive
periods of time not to exceed twelve (12) months .
(c) Potbellied pigs:
(1) Any exceptions granted by the animal control commission CHIEF OF
POLICE for a potbellied pig , Sus scrota 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
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 ot 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 animal welfare and
control commission CHIEF OF POLICE related to the care and
keeping of potbellied pigs;
h . The animal welfare and control commission 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 animal w elfare and control commission CH IEF 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.
(2) The keeping of potbellied pigs , Sus scrota vittatus, which is an exotic
animal, shall be permitted in the Agricultural-Two Zone District and
shall not be subject to the requirements of subsections (b) and (c)
(3) Notwithstanding the requirements of chapter 26, the keeping of an
exotic animal for which the commission CHIEF OF POLICE has
granted an exception pursuant to this subsection (c) shall be deemed a
lawful use of the affected property.
(d) Specific animals enumerated:
(1) The following animals are domestic animals:
Aquarium fishes.
Psitocine birds, aviary finches . etc .. farm birds (ducks, geese,
swans , poultry).
Domestic rabbit (Oryctolagus cuniculus).
Mongolian gerbil (Meriones unguicularus).
Guinea pig (Cavia porceilus).
Hamster (Musorcriectus auratus).
Domestic laboratory mouse (Mus domesticus).
Domestic laboratory rat (Rattus rattus Albino strain).
Domest ic cat (Felis catus).
Domestic dog (Canis familiaris)
Domestic livestock, including , but not limited to : Horses, cattle,
sheep , goats. mules , donkeys , burros , llamas, honeybees , and
swine (except potbellied pigs , Sus scrota vittatus, which is an
imported variety of swine and which shall be considered exotic
animals).
Section 7 . Section 4-34 of the Wheat Ridge Code of Laws is amended to read :
Sec. 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 (6) 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 appro¥al has been obtained from
the animal welfare and control commission .
(c) The yearly license fee for kennels shall be as established by
the commission by resolution CHIEF OF POLICE.
(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 whtch 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 THE CHIEF OF POLICE aREi
a recommendation of appro¥al obtained from the animal
welfare and control commission . The application shall include a
detailed description of the property to be licensed .
The animal ... ~elfare and control commission may require a
public hearing before a new kennel license is recommended for
appro¥al. The hearing shall be posted and published in the
same manner as in section 26 6 .
The animal welfare and control commission shall ha!Je the
authority to conduct a hearing to consider whether to
recommend that the chief of police grant a •t~ariance to
subsection (a) above as to the number of animals permitted
and the animal welfare and control commission shall inform the
chief of police 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 , appro'le with conditions , or deny the application
within thirty (30) days of the animal welfare and control
commission's recommendation . The chtef of police shall not
approve a 'larianse 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 appro'lal 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 bus1ness hours .
Violations of any of this section may be brought before the
animal ·.velfare and control commission for review, and a
hearing may be initiated by tho animal welfare and control
commission for suspension , revocation or nonre·newal 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 sect ion . 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 .
Secti on 8. Subsections 26-605(E) and (F) of the Wheat Ridge Code of Laws
are amended to read :
Sec. 26-605. -Large animals.
E. After a complaint is received concerning the keeping of a large animal
on residential lots and substandard sized agricultural lots with corrals
less than one thousand (1 ,000) square feet in size , the owner shall
follow an approved manure management program as prescribed by the
animal welfare control commission CHIEF OF POLICE .
F. Upon receipt of any complaint involving large animals as defined
herein , standard nuisance abatement procedures will be followed .
Additionally , code enforcement personnel will make the complaint
known via the COMMUNITY SERVICES TEAM SUPERVISOR APEO
superintendent to the members of the animal welfare and control
comm1ss1on CHIEF OF POLICE who shall AUTHORIZE
CONSULTATION WITH AN APPROVED VETERINARIAN OR
ANIMAL CONTROL RESOURCE AT ANY TIME . be available in any
advisory capacity at any time . The animal 'Nelfare and control
commission CHIEF OF POLICE will investigate all citizen complaints
regarding large animals or their equivalents . The animal v;elfare and
control commission CHIEF OF POLICE will develop written procedures
a&-te FOR how citizen complaints will be investigated, monitored , and
disposed of.
Section 9. The Wheat Ridge Code of Laws is amended by the deletion of all
other references to the animal welfare and control commission not contained in
Sections 1-8 above and the replacement of that phrase with "COMM UNITY
SERVICES TEAM SUPERVISOR."
Section 10. 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 5 to1 on
this 9th day of March, 2015, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on fin al
passage set for March 23 , 2015 at 7:00p.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_s_to _1, this 23 day of March , 2015 .
SIGNED by the Mayor on this 23rd day of __ Ma_r_c_h __ , 2015.
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ATTEST:
First Publication: March 12 1 2015
Second Publ ic ation : Marcn 26 • 2015
Wheat Ridge Transcript
Effective Date: April 10 , 2015
Published :
Wheat Ridge Transcript and www.ci.wheatridge .co .us