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HomeMy WebLinkAbout06-02-2025 - Study Session Agenda PacketSTUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, June 2, 2025 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: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 02, 2025) 3. 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 6:00 p.m. on June 02, 2025) 4. 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 Amendments 2. Social Club Amendments 3. Staff Report(s) 4. Elected Officials’ Report(s) ITEM NO. 1 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Marianne Schilling, Assistant City Manager FROM: Cole Haselip, Management Analyst DATE: June 2, 2025 SUBJECT: Animal Code Amendments ISSUE: Councilmembers Weaver and Hultin requested a study session to review the City’s animal welfare code requirements. Several sections of the City’s animal code are outdated or do not reflect current needs or practices. As such, Staff propose several amendments to the Wheat Ridge Animal Code for the Council’s consideration. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: Staff have compiled several items and associated recommendations to amend Chapter 4 of the Wheat Ridge Code of Laws, which covers animals. The items are organized by the section of Chapter 4 they relate to, and by the order in which they appear in this memo. For each topic, Staff provides a summary and recommendation; however, City Council may choose to amend the recommendation or take no action on that item. For ease of review, Staff have provided a summary recommendation sheet as Attachment 1. Sec. 4-8. Running at Large; Off-Leash Dog Parks. ITEM A: Sec. 4-8(a) Animal At-Large Dog owners are prohibited from allowing their dogs to run at large in the City of Wheat Ridge. However, owners of other permitted animals such as horses, cattle, sheep, goats, mules, donkeys, burros, llamas, swine, potbellied pigs, rabbits, cats and any other domestic animals are not subject to the same restriction. While these animals are less likely to run at large, when they do, they can pose similar risks to public safety and the community as at-large dogs. Study Session Memo – Animal Code Amendments June 2, 2025 Page 2 Therefore, Staff recommends amending the municipal code to prohibit all animal owners from allowing their animals to run at large, with the exception of domestic house cats. This exemption aligns with standard practice, as house cats pose minimal risk to public safety, property damage, or harm to others when compared to other animals. The Cities of Arvada and Golden have similar laws, allowing only domestic housecats to roam at large. Staff Recommendation: Prohibit all animals from running at large, except for domestic house cats. ITEM B: Sec. 4-8(c) Off-Leash Dog Park Regulations All violations of Chapter 4 of the Wheat Ridge Code of Laws, which governs animals, are currently classified as criminal offenses. These offenses are eligible for jail sentences and therefore require prosecution by jury trial. This includes violations of rules specific to behavior in City-designated dog parks which are generally more civil in nature. To address this, Staff recommends relocating the relevant dog park regulations from Chapter 4 (Animal Code) to Chapter 17 (Parks and Recreation). This change would allow dog park violations to be treated as civil infractions rather than criminal offenses, eliminating the need for jury trials while still allowing the City to impose fines ranging from $25 to $1,000. Staff Recommendation: Amend the code to relocate off-leash dog park rules, thereby allowing them to be addressed as civil rather than criminal violations. Sec. 4-10. Rabies Control. ITEM C: 4-10(b) Owners Required to Report Bites The current code requires any animal that bites a person be confined for ten days and not released without approval from the City’s Community Service Officer (CSO). However, this language is broad, and there is significant ambiguity around what qualifies as a “bite.” Staff recommends amending this section to better define a bite that must be reported as one that causes a wound breaking the skin, since these are the types of bites that pose a risk for rabies. Additionally, Staff recommends requiring the animal owner to file an incident report with the City’s CSO within 48 hours of the incident. The Cities of Golden and Arvada also require owners to file a report when their animal bites another person. Staff Recommendation: Amend the code to specify that confinement is required for any bite that causes a wound breaking the skin, and that the owner of the animal inflicting the bite must file an incident report within 48 hours. Study Session Memo – Animal Code Amendments June 2, 2025 Page 3 ITEM D: 4-10(e) Rabies Quarantine Vaccinations Rabies is a viral disease typically transmitted through the bites or saliva of an infected animal. Animals that bite humans must be quarantined and examined by a licensed veterinarian to determine if they have rabies. Veterinarians generally assess symptoms of rabies before performing a test, which requires euthanizing the animal to obtain brain tissue. A person bitten by an animal suspected of having rabies must begin treatment within 48 hours to prevent contracting the disease, which is almost always fatal once symptoms appear. As previously mentioned, a rabies test requires a brain biopsy, which must be conducted on a recently euthanized animal to ensure accuracy. To protect the integrity of this process, the City of Wheat Ridge prohibits owners from euthanizing an animal before it can be properly confined by the City’s CSOs. Similarly, administering a rabies vaccine to an animal that has bitten a person before it has been quarantined and evaluated by a veterinarian can interfere with symptom assessment and test results. Therefore, Staff recommends amending the code to prohibit administering a rabies vaccination to a quarantined animal unless expressly approved in writing by a CSO. This approach aligns with the City of Lakewood, which also prohibits vaccinating an animal after it has inflicted a bite on a person. Staff Recommendation: Prohibit animal owners from administering a rabies vaccination to an animal under quarantine after it has bitten a person. ITEM E: 4-10(h) Rabies Outbreak Powers The Mayor is currently entrusted with the authority to impose strict regulations, including quarantines, on animals during a rabies outbreak emergency. The Cities of Arvada and Lakewood do not specify which office holds the authority to regulate animals during such an emergency, while the City of Golden designates these powers to the Chief of Police. Staff recommends removing these powers from the Mayor and the code, allowing Staff to rely directly on expert guidance and enforce regulations dictated by Jefferson County Public Health, under the direction of the City Manager. Staff Recommendation: Remove the Mayor’s authority to impose regulations on animals during a rabies outbreak emergency. Sec. 4-11. Cruelty or Inhumane Treatment. ITEM F: 4-11 Unsafe Transport of Animals (NEW) The City of Arvada prohibits the unsafe transport of animals due to concerns that animals could fall from vehicles or be exposed to dangerous weather conditions. Wheat Ridge Staff share these concerns; however, the City’s municipal code does not specifically address this issue. Study Session Memo – Animal Code Amendments June 2, 2025 Page 4 To align with best practices and address animal safety concerns, Staff recommend amending the code to prohibit the unsafe transportation of animals in Wheat Ridge. If implemented, this regulation would require animals to be transported in an enclosed vehicle, trailer, or a secure restraining device that prevents them from falling, being thrown, or jumping from a vehicle. Staff Recommendation: Prohibit the unsafe transportation of animals as recommended by Staff. ITEM G: 4-11 Animals Exposed to Extreme Temperatures in Vehicles (NEW) Several cities prohibit leaving animals in vehicles or in any situation that exposes them to extreme temperatures or other conditions that could endanger their health or well-being. This type of prohibition is not currently codified in the City of Wheat Ridge. Instead, Staff rely on the authority granted under state law, as outlined in the Colorado Revised Statutes, to address such situations. While the City’s police and CSOs already have the power to act under state law, Staff recommends codifying this prohibition at the local level to strengthen local control and provide officers with a clear, city-specific legal framework to address these issues. Staff Recommendation: Codify a prohibition on leaving animals in conditions that expose it to extreme temperatures or any other circumstances that endanger their health or wellbeing. ITEM H: 4-11 Unsafe Keeping of Animals (NEW) Similar to the previous item concerning animals exposed to extreme temperatures, several cities also prohibit the unsafe keeping of animals. These cities authorize officers, when there is reasonable cause to believe that an animal’s care or condition poses a danger to the animal or to public health and safety, to enter the property or vehicle where the animal is kept, solely for the purpose of addressing the violation. While the City of Wheat Ridge has not codified this specific provision, these situations are regularly addressed under the authority granted by the State of Colorado. As with the prior recommendation, Staff suggests codifying this regulation at the local level to enhance local control and provide officers with a clear, city-specific legal framework to address these issues. Staff Recommendation: Codify allowing officers with reasonable cause to enter a private vehicle or property to address the unsafe keeping of animals. Sec. 4-14 – Exotic or Wild Animals ITEM I: 4-14(b) Exceptions. Currently, it is illegal to possess, harbor, sell, or in any other manner traffic in any exotic Study Session Memo – Animal Code Amendments June 2, 2025 Page 5 or wild animals. The code narrowly defines which animals are considered domestic and broadly classifies all others as exotic, thereby prohibiting them. However, the code allows the Chief of Police to grant renewable one-year exceptions to this prohibition. To date, this exception has been rarely used. Although, Staff expects the City will receive more exemption requests in the future. Therefore, Staff recommends updating the code to improve its flexibility, implement a one-time application fee, and clarify administrative procedures. The proposed language is as follows: “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 submitted on forms prescribed by the chief of police and filed with their office. The applicant is responsible for an application fee, as determined by the Council and set by resolution. The chief of police has the discretion to impose reasonable conditions on any granted exception.” As part of this update, Staff would recommend implementing a one-time $50 fee to apply for an exception which is designed to help cover the cost of reviewing the application. The renewal process is expected to require much less work from Staff; therefore, an annual renewal fee is not recommended. This fee would be added to the fee schedule and adopted through the City Council’s budget process. Staff Recommendation: Amend the Chief’s exemption process as recommended by Staff. ITEM J: 4-14(d) Specific Animals Enumerated The City of Wheat Ridge classifies the following as domestic animals: • Aquarium fish • Psittacine birds, aviary finches, and farm birds (ducks, geese, swans, poultry) • Domestic rabbits • Mongolian gerbils • Guinea pigs • Hamsters • Domestic laboratory mice • Domestic laboratory rats • Domestic cats • Domestic dogs • Domestic livestock, including but not limited to: horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine (excluding potbellied pigs) All other animals are classified as exotic and are therefore unlawful to own, possess, harbor, sell, or otherwise traffic unless an exception is requested and granted by the Chief of Police. As currently written, the City’s animal code unintentionally prohibits the ownership of all reptiles, amphibians, and insects. This appears to be an unintended consequence of the code’s structure, which bans all animals by default unless they are Study Session Memo – Animal Code Amendments June 2, 2025 Page 6 specifically listed as allowed. Through research, Staff found that most cities take the opposite approach of permitting animal ownership broadly, while specifically banning only certain high-risk species. Staff do not believe there are inherent health or safety concerns with owning most reptiles, amphibians, or insects. Therefore, Staff recommends amending the code to allow their possession, while continuing to prohibit a smaller, clearly defined subset of these animal classes that may pose a threat to public safety. As a result, the following language, developed after reviewing the animal codes of nearby municipalities, is recommended to be added to the above list of permitted animals: • Non-venomous or poisonous reptiles, amphibians, and insects shall be allowed, except for the following: o Snakes that are longer than six (6) feet. o Crocodilians, including but not limited to alligators, caimans, and crocodiles. o Monitor lizards and tegu lizards. o Any animals that have been classified as a dangerous or hazardous species under state or federal law. Currently, and under this amendment, individuals or businesses that possess prohibited animals are encouraged to seek formal approval through the Chief’s exemption process, which provides a legal path to their continued ownership. Staff Recommendation: Amend the list of domestic animals to include reptiles, amphibians, and insects with restrictions as recommended by Staff. Sec. 4-17. Unlawful Possession of Dangerous Dog. ITEM K: (a) & (b) Vicious Animal Defenses It is unlawful for a dog owner to keep, harbor, or possess a dangerous dog or vicious animal in the City. If cited as a dangerous dog, the owner may present an affirmative defense during their court hearing, arguing that the specific circumstances excuse the dog’s behavior. The code provides affirmative defenses for animals accused of being dangerous dogs. However, it does not offer similar defenses for vicious animals, a designation that applies to other animals accused of comparable behavior. To address this issue, Staff recommends expanding the affirmative defenses for dangerous dogs to include vicious animals, ensuring consistency and fairness between these classifications. This approach aligns with the City of Lakewood’s animal code. The recommended defenses, which would be broadened to include vicious animals, are outlined below: (1) That, at the time of the attack by the dangerous dog which caused injury to or the death of a domestic animal: Study Session Memo – Animal Code Amendments June 2, 2025 Page 7 a. The domestic animal was at large, and entered upon the property of the owner and the attack began, but did not necessarily end upon such property; or b. The domestic animal was biting or otherwise attacking the dangerous dog 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 owner, and the attack did not occur on the owner's property; or b. Committing or attempting to commit a criminal offense against a person on the owner's property or the property itself and the attack began, but did not necessarily end, upon such property; or c. Tormenting, provoking, abusing or inflicting injury upon the dog in such an extreme manner that the attack was a result of the victim's actions. Staff Recommendation: Expand the affirmative defenses for dangerous dogs to apply to vicious animals. ITEM L: 4-17(e)(3) Childproof Structures for Dangerous Dogs Dangerous dogs may be kept on their owner's property, but when outdoors, they must be confined in an escape-proof enclosure. The enclosure must be securely locked with a key or combination lock when the dog is inside. The structure must have a secure bottom, and its sides must be embedded at least two feet into the ground. While reviewing other municipal codes for similar enclosures intended to protect the public from dangerous animals, Staff identified an additional safety measure used by the Cities of Lakewood and Golden that is recommended for inclusion in the Wheat Ridge code. In addition to outlining specific technical requirements, Staff recommends adding language that requires the enclosure to be designed to prevent accidental entry by anyone, including children. This broader provision would help ensure the enclosure includes reasonable safety features that may not be explicitly listed, further enhancing public safety. Staff Recommendation: Require outdoor enclosures for dangerous dogs to be designed to prevent accidental entry by anyone, including children. ITEM M: 4-17(e)(9) Transfer of Dangerous Dogs Currently, the owner of a dangerous dog may only transfer or sell the animal to their spouse, child, parent, or sibling. This restriction can prevent the dog from being placed with a responsible non-family caretaker, which could better serve public safety. Limiting transfers to family members is overly restrictive, as it may not always be feasible for the owner, and even, if possible, family members may not always be the most suitable or responsible option for the dog's care. Study Session Memo – Animal Code Amendments June 2, 2025 Page 8 To address this, Staff proposes an amendment allowing dangerous dogs to be transferred to either immediate family members or "responsible caretakers." A “responsible caretaker” would be defined as an individual approved at the reasonable discretion of the City’s CSOs. In making this determination, CSOs would consider factors such as the caretaker’s history with animals and the conditions of the premises where the dog would be kept. Alternatively, the Council may choose to remove the owner's right to transfer a dangerous dog to immediate family members, allowing transfers only to "responsible caretakers" approved by the City’s CSOs. While this option may limit the owner's choices, it would ensure that all recipients of a dangerous dog undergo a consistent vetting and approval process, prioritizing public safety and responsible care. Staff Recommendation: Expand the allowed transfer of dangerous dogs beyond the owner's immediate family to include “responsible caretakers” approved by the City’s Community Service Officers. Sec. 4-31. Dog and Cat Licenses. ITEM N: 4-31(a-i) Licensing Authority The City of Wheat Ridge currently requires cats and dogs to obtain a Mile Hi Rabies Tag, which was previously issued by the Denver Area Veterinary Medical Society (DAVMS). Following the recent merger of DAVMS with the Colorado Veterinary Medical Association (CVMA), the Mile Hi Rabies Tag program has been expanded statewide and is now known as the CVMA Rocky Mountain Rabies Tag program. This inconsistency may cause confusion or non-compliance among pet owners. Further adding to the confusion, the code requires both dogs and cats to be licensed. However, in-practice, Wheat Ridge only requires that dogs be licensed. Staff recommend removing all references to the Mile Hi Rabies Tag and cat licensing from the code and empowering staff to designate approved licensing agencies, thus allowing for flexibility as programs and requirements change. For reference, the Cities of Arvada and Golden have assigned Foothills Animal Shelter as the licensing administrator. Staff did not find any examples of other cities requiring cat licensing. Staff Recommendation: Remove the Mile Hi Rabies Tag, and cat licensing from the code and allow Staff to designate licensing agencies for dogs. Sec. 4-33. Guard Dogs. ITEM O: 4-33(1) Childproof Structures for Guard Dogs The City of Wheat Ridge permits the use of guard dogs for the protection of people and property. These dogs must be confined within an enclosure that is adequate to prevent escape. In alignment with the Cities of Lakewood and Golden, and consistent with the Study Session Memo – Animal Code Amendments June 2, 2025 Page 9 recommendation for enclosures housing dangerous animals, Staff recommend clarifying that such enclosures must also include safeguards to prevent accidental entry by anyone, including children. Staff Recommendation: Establish that guard dog enclosures must have safeguards in place to prevent accidental entry by anyone, including children. ITEM P: 4-33 Guard Dog Cease and Desist Orders (NEW) The City of Golden authorizes its Police Department to issue a cease-and-desist order if it determines that the presence of a guard dog, or the circumstances surrounding its use, pose a threat to any person, property, or animal. The City of Wheat Ridge does not currently have a similar provision. As a result, if a business were to deploy a guard dog in a manner that negatively impacts public safety, the City’s ability to intervene or prohibit it would be limited. Therefore, Staff recommend adding a similar provision to the City’s code, granting the Police Department the authority to issue such orders, while also allowing property owners the opportunity to appeal the decision through the City’s administrative hearing appeals process. Staff Recommendation: Establish that the Wheat Ridge Police Department may issue a cease-and-desist order to a property owner who places guard dogs on their property, with the order subject to the administrative hearing appeals process. Sec. 4-34. Kennel Licenses. ITEM Q: 4-34(a) Inspection of Licensed Kennel Facilities Any business or individual engaged in the commercial breeding, buying, selling, trading, training, or boarding of cats or dogs must obtain a kennel license from the City of Wheat Ridge. Currently, the City has the authority to inspect any licensed facility during normal posted business hours. Staff recommend amending this policy to allow inspections at any time when there is reasonable cause to believe the operation poses a risk to the health and safety of animals or the public. This change aligns with the City of Arvada’s Animal Code, which permits inspections at any time, and helps to ensure animal welfare. Staff Recommendation: Require inspections of licensed kennel facilities at any time when there is reasonable cause to believe the operation poses a risk to the health and safety of animals or the public. Sec. 4-52. Custody and Disposition of Impounded Animals. ITEM R: 4-52(e) Hearings Required for the Disposal of Animals Animals may be seized and impounded at a City-designated animal shelter, currently the Study Session Memo – Animal Code Amendments June 2, 2025 Page 10 Foothills Animal Shelter. Once impounded, the animal cannot be sold, donated, or euthanized until five days after the animal owner has been notified of the impoundment. Foothills Animal Shelter's requirements exceed those outlined in the code, as they will not sell, donate, or euthanize any animal without a signed order from a judge, except to euthanize an animal that is critically ill, severely injured, or suffering extreme pain. Staff recommend codifying this practice to ensure transparency and consistency, making it clear that no animal can be sold, donated, or euthanized, unless it qualifies for an exception, without a judge's order. Staff Recommendation: Establish that no impounded animal may be sold, donated, or euthanized without a signed order from a judge, with exception for ill, injured, or suffering animals. ITEM S: 4-52(f) Court-Ordered Animal Holds (NEW) Historically, the Wheat Ridge Municipal Court has exercised the authority to place animals suspected of neglect, or those seized or impounded due to cruelty, inhumane conditions, designation as a dangerous or aggressive dog, or being a service animal, in custody pending the resolution of their case. However, this authority is not explicitly defined in the municipal code. Following the onboarding of a new municipal judge, who holds a different interpretation of their authority to exercise such powers, this practice has been paused unless formally codified. Staff recommend formalizing this procedure to ensure that potentially dangerous or victimized animals may be withheld from their owners, at the discretion of the municipal judge, until the case is resolved. Staff Recommendation: Establish the municipal court's authority to place certain animals in custody pending the resolution of their or their owner’s case. ITEM T: Regulating the Sale of Animals in Public Spaces (NEW) HB25-1180, Prohibiting Pet Animal Sales in Public Spaces, has passed the Colorado General Assembly and is anticipated to become law. This bill aims to prohibit the sale of animals in public spaces such as streets, highways, rights-of-way, parkways, median strips, parks, recreation areas, outdoor markets, parking lots, and more. However, the bill provides an exemption for municipalities that regulate the sale or transfer of pet animals in public spaces. Regardless to whether the bill is passed into law, Staff recommend considering the sale of animals in public spaces as part of the overall update to the City’s animal code. Currently, the City of Wheat Ridge does not allow the sale of animals or any other commodities in public except as part of a special event registered with the Parks and Recreation Department. These activities are defined as peddling and regulated by Study Session Memo – Animal Code Amendments June 2, 2025 Page 11 Chapter 11 Article IX of the Wheat Ridge Code of Laws. Staff recommend an approach to the sale of animals both in public spaces and in general that honors Wheat Ridge’s history as an agricultural community while balancing concerns for animal welfare, public safety, and community standards. To strike this balance, Staff recommend prohibiting the sale or display of live animals in public spaces, including roadsides, parking lots, parks, medians, sidewalks, and special events like outdoor or farmer’s markets. However, the City would continue to allow the sale of animals on private property or during agricultural livestock events, provided that: • No roadside signs are used to advertise the sale. • Sellers follow basic care and humane treatment standards, including: o Clean and secure enclosures, o Access to food and water, and; o Protection from weather and temperature extremes • The sale of animals that are too young to survive without maternal care, or that are sick, injured, or malnourished, would be prohibited. This approach aligns with other municipalities, such as the City of Fort Collins and Colorado Springs, which prohibit the sale of animals in most public spaces while allowing similar exceptions. As part of this research, Staff also noted a related trend: several Front Range cities including Fort Collins, Littleton, Windsor, and Greeley have recently banned the sale of dogs and cats in pet stores. These cities only allow adoptions or transfers through PACFA-licensed organizations such as humane societies, animal shelters, rescue groups, or other nonprofit entities. While Staff is not recommending this course of action for the City of Wheat Ridge, Staff felt it was important to share this regional context to help further inform the conversation. Staff Recommendation: Prohibit the sale of animals in public spaces, with exceptions allowing such sales at agricultural livestock events or on private property, provided the animals are kept in a humane manner, as recommended by Staff. RECOMMENDATIONS: Staff is asking for consensus to move forward with the recommended animal control code amendments. ATTACHMENTS: 1. Staff recommendation summary sheet RECOMMENDATION SUMMARY: To help guide the discussion, staff has compiled the following list of all issues and staff’s corresponding recommendations. ITEM A: Sec. 4-8(a) Animal At-Large Prohibit all animals from running at large, except for domestic house cats. ITEM B: Sec. 4-8(c) Off-Leash Dog Park Regulations Amend the code to relocate off-leash dog park rules, thereby allowing them to be addressed as civil rather than criminal violations. ITEM C: 4-10(b) Owners Required to Report Bites Amend the code to specify that confinement is required for any bite that causes a wound breaking the skin, and that the owner of the animal inflicting the bite must file an incident report within 48 hours. ITEM D: 4-10(e) Rabies Quarantine Vaccinations Prohibit animal owners from administering a rabies vaccination to an animal under quarantine after it has bitten a person. ITEM E: 4-10(h) Rabies Outbreak Powers Remove the Mayor’s authority to impose regulations on animals during a rabies outbreak emergency. ITEM F: 4-11 Unsafe Transport of Animals (NEW) Prohibit the unsafe transportation of animals as recommended by staff. ITEM G: 4-11 Animals Exposed to Extreme Temperatures in Vehicles (NEW) Codify a prohibition on leaving animals in conditions that expose it to extreme temperatures or any other circumstances that endanger their health or wellbeing. ITEM H: 4-11 Unsafe Keeping of Animals (NEW) Codify allowing officers with reasonable cause to enter a private vehicle or property to address the unsafe keeping of animals. ITEM I: 4-14(b) Exceptions. Amend the Chief’s exemption process as recommended by Staff. ITEM J: 4-14(d) Specific Animals Enumerated Amend the list of domestic animals to include reptiles, amphibians, and insects with restrictions as recommended by Staff. ATTACHMENT 1 ITEM K: (a) & (b) Vicious Animal Defenses Expand the affirmative defenses for dangerous dogs to apply to vicious animals. ITEM L: 4-17(e)(3) Childproof Structures for Dangerous Dogs Require outdoor enclosures for dangerous dogs to be designed to prevent accidental entry by anyone, including children. ITEM M: 4-17(e)(9) Transfer of Dangerous Dogs Expand the allowed transfer of dangerous dogs beyond the owner's immediate family to include “responsible caretakers” approved by the City’s Community Service Officers. ITEM N: 4-31(a-i) Licensing Authority Remove the Mile Hi Rabies Tag, and cat licensing from the code and allow Staff to designate licensing agencies for dogs. ITEM O: 4-33(1) Childproof Structures for Guard Dogs Establish that guard dog enclosures must have safeguards in place to prevent accidental entry by anyone, including children. ITEM P: 4-33 Guard Dog Cease and Desist Orders (NEW) Establish that the Wheat Ridge Police Department may issue a cease-and-desist order to a property owner who places guard dogs on their property, with the order subject to the administrative hearing appeals process. ITEM Q: 4-34(a) Inspection of Licensed Kennel Facilities Require inspections of licensed kennel facilities at any time when there is reasonable cause to believe the operation poses a risk to the health and safety of animals or the public. ITEM R: 4-52(e) Hearings Required for the Disposal of Animals Establish that no impounded animal may be sold, donated, or euthanized without a signed order from a judge, with exception for ill, injured, or suffering animals. ITEM S: 4-52(f) Court-Ordered Animal Holds (NEW) Establish the municipal court's authority to place certain animals in custody pending the resolution of their or their owner’s case. ITEM T: Regulating the Sale of Animals in Public Spaces (NEW) Prohibit the sale of animals in public spaces, with exceptions allowing such sales at agricultural livestock events or on private property, provided the animals are kept in a humane manner, as recommended by Staff. Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Marianne Schilling, Assistant City Manager Steve Art, Economic Development Manager FROM: Cole Haselip, Management Analyst DATE: June 2, 2025 SUBJECT: Social Club Amendments ISSUE: In response to a request from Swiss Flower and Gifts, Staff proposes changes to the City’s Social Club License to allow low-impact social club activities and to exempt them from the standard application process, associated fees, and various social club regulations. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: A social club is a private business that leases space to individuals for private events, such as parties or fundraisers. By definition, social clubs do not include liquor-licensed establishments, private clubs or lodges, hotels, public or private schools, colleges or universities, churches, or nightclubs. The key distinction between a social club and a nightclub, though they may appear to host similar activities, is that a social club license allows a business owner to rent out their space for others to host events, whereas nightclubs organize and host their own events. Currently, in addition to a business license, all social clubs in Wheat Ridge are required to obtain a social club license, which costs a $500 initial license fee, a $150 application processing fee, and an additional investigation fee for each individual is reviewed by the police department as a registered manager. Once licensed, clubs must also pay a $250 annual renewal fee. These costs apply uniformly, regardless of a club’s size, hours of operation, or event scale. This structure has created barriers for smaller businesses, ITEM NO . 2 Study Session Memo – Social Club Amendments June 2, 2025 Page 2 particularly those with limited resources and minimal community impact. To lower these barriers, staff propose a tiered approach: exempting lower-impact social clubs from certain regulations and eliminating their licensing fee while maintaining current licensing standards for other social clubs. This structure aims to balance community safety, neighborhood quality of life, and support business activity. There are two components to enacting this regulatory structure. First, staff propose a definition for low-impact social clubs. Second, staff recommend specific regulations and exemptions that would apply to clubs falling under this definition. While these elements are presented separately, they are interdependent. Changes to the definition may require modifying the regulations, and vice versa. Therefore, staff recommend discussing the two components together and moving between them as needed to ensure they remain aligned as intended. Defining a Low-Impact Social Club Staff recommends defining low-impact social clubs based on the following criteria, each selected for its relevance to community impact. • Square Footage: Smaller social clubs typically generate less noise, parking, and traffic. • Hours of Operation: Social clubs that close earlier are less likely to cause late- night disturbances. • Attendees: Social clubs with fewer attendees are less likely to generate noise, traffic, and public safety concerns. In consideration of these criteria, staff recommend the following definition of a low- impact social club: • Square Footage: 5,000 sq. ft. maximum. For reference, Council Chambers and the Municipal Court Room combined is 5540 sq. ft. • Hours of Operation: Must be closed from 9PM – 7AM. • Attendees: No more than 50 attendees to an event, including any hired professionals such as an event manager, caterer, or band. Regulating Low-Impact Social Clubs To promote public safety and neighborhood compatibility, social clubs are subject to a rigorous application process, associated fees, and regulations that are more burdensome than those applied to typical businesses. By definition, low-impact social clubs present a lower risk to the community. Therefore, staff recommends exempting them from the standard application process, related fees, and regulations which are disproportionately cautious and costly. Study Session Memo – Social Club Amendments June 2, 2025 Page 3 A comprehensive list of current application requirements and regulations is available in the Wheat Ridge Municipal Code, Chapter 11, Article XI – Social Clubs (Attachment 1). The following table summarizes these regulations and identifies which requirements staff recommend exempting, maintaining, or newly implementing for low-impact social clubs. Low-Impact Social Club Regulations Regulation Summary of Requirements Exempt Maintain Implement Proximity to Residential Areas Social clubs may not operate within 100 feet of residential zones (A-1, A-2, or properties used for residential purposes). ☑ Alcohol Restrictions Establishments with a liquor license may not obtain a social club license. ☑ Display of License Licenses must be clearly always posted and visible on-site. ☑ Right of Entry & Inspection Licensees must allow routine inspections during business hours. Refusal is a first-degree misdemeanor. ☑ Incident Reporting All unlawful acts, disturbances, or assaults must be reported to the Wheat Ridge Police Department. A city-issued warning sign must be posted. Licensees can be held liable even if not present. Violations may lead to criminal charges or penalties. ☑ Noise & Vibration Noise must not exceed a normal conversation at the property line. Vibrations must not be perceptible off- site. These limits are stricter than the City’s general noise ordinance. ☑ Bi-Annual Registration Low-impact social clubs must submit up-to-date information every two years (location, ownership, contact details). No fee is required. This replaces the licensing process. ☑ Manager Presence A registered manager must be on-site while the club is operating. Unregistered managers are not permitted. ☑ Lighting Requirements Off-street parking and entryways must be well-lit from dusk to closing. ☑ Indoor Activity Only All activities must be indoors. Patrons must not linger unobserved outside for more than 15 minutes. ☑ Study Session Memo – Social Club Amendments June 2, 2025 Page 4 License Suspension & Revocation Licenses may be suspended (up to six months) or revoked for violations such as drug use, disorderly conduct, false information, or non-payment of taxes. ☑ Appeals Process Applicants denied or disciplined may request a quasi- judicial hearing with the city manager, who issues a final decision. Appeals can be made to district or municipal court. ☑ License Application & Fees A license is required. Initial fee: $500 plus a non- refundable $150 investigation fee. Renewal: $250 annually, due at least 45 days before expiration. ☑ Security Guards Security guards must always be present. One guard per 100 patrons is required. They must monitor behavior to ensure compliance. ☑ Hours of Operation Clubs may not operate or allow patron access between 2:00 a.m. and 7:00 a.m. Low-impact clubs cannot operate from 9:00 p.m. to 7:00 a.m. by definition. ☑ RECOMMENDATIONS: Staff recommends implementing the proposed definition and regulations for low-impact social clubs to encourage small business activity while preserving neighborhood quality of life and public safety. ATTACHMENTS: 1. Wheat Ridge Municipal Code, Chapter 11, Article XI – Social Clubs ATTACHMENT 1