HomeMy WebLinkAboutOrdinance-1987-0723INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 723
Series of 1987
TITLE: AN ORDINANCE REPEALING AND REENACTING VARIOUS SECTIONS
OF CHAPTERS 4 AND 15 OF THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, SUBSTITUTING THE POSITION OF "ANIMAL-PARK
ENFORCEMENT OFFICER" FOR THE POSITIONS OF "ANIMAL
CONTROL OFFICER" AND "PARK RANGER" RESPECTIVELY.
Section 1: Section 4-1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-1. Definitions.
For the purpose of this chapter the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
(c) Animal Eentrel ANIMAL-PARK ENFORCEMENT Officer:
Any person of persons AN AGENT OF THE CHIEF OF POLICE AND AN
OFFICER OF THE POLICE DEPARTMENT empowered by the city to enforce
the provisions of this chapter.
Section 2: Section 4-1.1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-1.1. Duties of animal eentrel ANIMAL-PARK
ENFORCEMENT officer.
fa}The animal eenttel a€€ieef shall have the daty and
the power to en€eree all seetiens of this ehaptef-
{h} Pursuant to the provisions of section 30-15-105
Colorado Revised Statutes 1973, as amended, AND THE COLORADO
MUNICIPAL COURT RULES, the city animal eentrel ANIMAL-PARK
ENFORCEMENT officers are hereby designated as peace officers and
shall be authorized to issue, sign, and serve summons and
complaints AND TO MAKE ALL THE DISCRETIONARY DETERMINATIONS
REQUIRED in order to enforce the provisions of this ehapter;
and to make all determinations within their diseretien required
by the proeisieas of this chapter 4; CHAPTER 9, ARTICLES I (IN
GENERAL) AND II (WATERWAY LITTER CONTROL); CHAPTER 13; CHAPTER
14, ARTICLE III (OFFENSES AGAINST PUBLIC HEALTH AND SAFETY),
DIVISIONS 4 (POLLUTION) AND 5 (WILDLIFE); AND CHAPTER 15.
Section 3: Section 4-4 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-4. Running at large.
(b) Animals injured or killed in the street shall be
considered as running at large; the animal eentrel
ANIMAL-PARK ENFORCEMENT officer shall remove all such animals
and, at his discretion, take those needing medical attention to a
veterinarian or to the Jefferson Animal Shelter, Inc. The owner
of such animal3 shall be liable for all expenses of the treatment
and of the impoundment. Injured animals may be destroyed
humanely, if it is determined by the Jefferson Animal Shelter,
Inc., or the attending veterinarian that the animal has sustained
critical injuries, suffering is extreme, and/or the prognosis for
recovery is poor. The Jefferson Animal Shelter, Inc., shall
consult with a veterinarian as to the disposition of injured
animals, when the animals' prognosis cannot be ascertained by the
Jefferson Animal Shelter, Inc., with reasonable certainty.
Section 4: Section 4-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-5. Rabies control.
(e) Wnen an animal under quarantine has been diagnosed as
being rabid by a licensed veterinarian the veterinarian making
such diagnosis shall immediately notify the county public health
officer and advise him of any reports of human contact with such
rabid dog. If any animal under quarantine dies while under
observation, the animal eentrel ANIMAL-PARK ENFORCEMENT
officer or his agents shall immediately take action to obtain a
pathological and inoculation examination of the animal. As soon
as a diagnosis is made available, the animal eentrel
ANIMAL-PARK ENFORCEMENT officer shall notify the county public
health officer of any reports of human contract with the animal.
Any animal which has not been inoculated against rabies and known
to have been bitten by a rabid animal shall be humanely
destroyed.
(f) Every physician or other medical practitioner who
treats a person or persons for bites inflicted by animals shall
report such fact to the animal eentrel ANIMAL-PARK
ENFORCEMENT officer. The veterinarian shall determine, before
any rabies inoculation is given, whether the subject dog is
under quarantine or has inflicted a bite on any person within the
last ten days.
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Section 5: Section 4-9.1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-9.1. Vicious animals.
No one shall keep, possess or harbor a vicious animal within
the city. It shall be the duty of the animal eentrel
ANIMAL-PARK ENFORCEMENT officer or his agents to impound such
animal, and if impoundment cannot be made with safety to the
an}x+al eentrel ANIMAL-PARK ENFORCEMENT officer or other
citizens, the animal may be destroyed without notice to the
owner, keeper or possessor. Dogs maintained as guard dogs or
placed in an enclosed area for protection of persons or property
shall not be included under this section so long as they remain
confined to a specific area under complete and absolute control.
Section 6: Section 4-12 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-12. ViolationS AND PENALTIES.
Any person found to be in violation of the provision of this
chapter shall be guilty of an unlawful act, AND UPON CONVICTION
SHALL BE punishable by a fine OF NOT LESS THAN TWENTY-FIVE
DOLLARS ($25.00) AND not to exceed nine hundred ninety-nine
dollars ($999.00), OR BY IMPRISONMENT NOT TO EXCEED NINETY (90)
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT; PROVIDED, HOWEVER,
THAT NO PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS SHALL BE
SUBJECTED TO IMPRISONMENT FOR VIOLATION OF ANY PROVISION OF THIS
CHAPTER.
Section 7: Section 4-15 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-15. Confinement of females in heat.
Any unspayed female dog in the stage of estrus (heat) shall
be confined during such period of time in a house, building or
secure enclosure, and such area of enclosure shall be so
constructed that no other dog or dogs may gain access to the
confined animal. The an}Peal eenttel ANIMAL-PARK ENFORCEMENT
officer shall order any unspayed female that is in the state of
estrus (heat) and that is not properly confined or any such dog
that is creating a neighborhood nuisance to be removed to a
boarding kennel, to a veterinary hospital or to the animal
shelter. All expenses incurred as a result of the confinement
shall be paid by the owner. Animals removed to the animal
shelter shall be charged at the rate established for routine
confinement by the city. No impoundment fee shall be made on
such dogs voluntarily confined by the owner, but a fee for
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boarding may be changed. Failure to comply with the order of the
animal eentrel ANIMAL-PARK ENFORCEMENT officer shall be a
violation of this provision, and the animal will then be
impounded as prescribed in this chapter, subject to fines and
charges as directed.
Section 8: Section 4-19 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-19. Custody and disposition of unclaimed animals.
Animals required to display current rabies tags by state
statute or by the ordinances of the city and which are not
displaying current rabies tags, and animals running at large, may
be taken into custody by animal eentrel ANIMAL-PARK
ENFORCEMENT officers, employees, or agents of the city and
impounded in a humane manner for a period of not less than five
days following the date of impoundment; any dog so impounded
which is not claimed within said five-day period may be disposed
of by sale, donation, or destruction at the sole discretion of
the Jefferson Animal Shelter, Inc. No animal shall be destroyed
before the lapse of five days unless it is determined by the
Jefferson Animal Shelter, Inc., that the animal is critically ill
or injured, suffering is extreme, and/or the prognosis for
recovery is poor. The Jefferson Animal Shelter, Inc., shall
consult with a veterinarian as to the disposition of injured
animals, when the animals' prognosis cannot be ascertained by the
Jefferson Animal Shelter, Inc., with reasonable certainty. The
owner of any impounded animal shall be responsible for the
payment of such boarding and impoundment fees established by the
Jefferson Animal Shelter, Inc.
Section 9: Section 4-20 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-20. Notice to owner.
The Jefferson Animal Shelter, INC., or the animal
eentrel ANIMAL-PARK ENFORCEMENT officer shall, as soon as
possible after impoundment, notify the owner of such impoundment.
If his THE identity eannet be determined or if no saeh
address is available; OF THE OWNER IS UNKNOWN, the animal
eentrel ANIMAL-PARK ENFORCEMENT officer shall MAKE A REASONABLE
ATTEMPT TO LOCATE AND IDENTIFY THE OWNER AND, IF SUCH OWNER IS
FOUND, TO NOTIFY THE OWNER OF THE IMPOUNDMENT eause to be
posted in a eenspieuou s plaee in eitp Hall; fey a per4ed of five
eenseeutive daps prier to final dispesitiea; a netiee of
impoundment with the deseriptien of the animal and its plaee
of impoundment.
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Section 10: Section 4-21 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-21. Proceedings against owner.
If an animal is impounded, the animal eentrel
ANIMAL-PARK ENFORCEMENT officer may institute proceedings in the
municipal court of the city on behalf of the city against the
owner, if known, charging such owner with a violation of this
chapter. Nothing herein shall be construed as preventing the
animal eentrel ANIMAL-PARK ENFORCEMENT officer from
instituting a proceeding in the municipal court for violation of
this section where there has been no impoundment.
Section 11: Section 4-23 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-23. Immediate destruction when deemed in public
interest.
Nothing in this section shall be construed to prevent the
immediate destruction of any vicious dog or other animal when
deemed necessary in the interest of public safety by the animal
eentrel ANIMAL-PARK ENFORCEMENT officer or any other law
enforcement personnel.
Section 12: Section 4-24 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-24. Interference with animal eentrel ANIMAL-PARK
ENFORCEMENT officer.
It shall be unlawful for any person to interfere with,
molest, hinder or obstruct an animal eentrel ANIMAL-PARK
ENFORCEMENT officer or any city employee or official in
the discharge of his official duties under this chapter.
Section 13: Section 4-26 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-26. Records.
It shall be the duty of the animal eentrel ANIMAL-PARK
ENFORCEMENT officer to keep, or cause to be kept, accurate and
detailed records of the impoundment and disposition of all dogs
coming into the custody and of all reports of animal bites
reported to the animal eenttel ANIMAL-PARK ENFORCEMENT
officer.
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Section 14: Section 15-1 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-1. Definitions.
For purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section unless the text clearly indicates to the contrary:
ANIMAL-PARK ENFORCEMENT OFFICER: AN AGENT OF THE CHIEF OFF
POLICE, AND AN OFFICER OF THE POLICE DEPARTMENT EMPOWERED BY THE
CITY TO ENFORCE THE PROVISIONS OF THIS CHAPTER.
Park rangerc,PARKWAY, OR RECREATIONAL AREA: An agent
of the d#reeter of the department of parks and reereat4an of the
eity; and an employee of saeh department e€ parks and reereatlan;
who is given authar4ty to en€eree the rules and regulations set
Earth in this ehapter; and all future rules and regulations
adopted by the elty eeune€l far the proper management; eperat-ien
and eentrel a€ the parks; parkways and ether reereat}anal
€aeil3tles within the etty- Reference to any one park, parkway
or recreational area shall include all SUCH PARKS, PARKWAYS AND
RECREATIONAL AREAS WITHIN THE CITY.
Section 15: Section 15-2 of the Code of Laws of the City of
Wheat- Ridge is hereby repealed and reenacted as follows:
Sec. 15-2. Authority.
The mayor of the city does hereby authorize THE CHIEF OF
POLICE AND HIS AGENTS AND the director of parks and recreation
and the parks and reereatlen eemm}ss}en HIS AGENTS to enforce
the rules and regulations set forth in this chapter and all
future rules and regulations adopted by the city council for the
proper management, operation and control of the parks, parkways
and other recreational facilities within the city. The park
rangers ANIMAL-PARK ENFORCEMENT OFFICERS, as defined in section
15-1 of this chapter ARE HEREBY DESIGNATED AS PEACE OFFICERS AND
SHALL BE AUTHORIZED TO ISSUE, SIGN, AND SERVE SUMMONS AND
COMPLAINTS IN ORDER 'TO ENFORCE THE PROVISIONS OF 'THIS CHAPTER
shall have the authority and may institute preeeedings in the
munlelpal evert far the e4ty an behalf- of the elty against any
person who violates this eade- Sueh aetlen shall be eammeneed in
the mun}elpal eeart of the elty an behalf of the esty pursuant
to the Colorado municipal court rules and procedures, AND
Colorado Revised Statutes 1973, as amended.
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Section 16: Section 15-4 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-4. VIOLATIONS AND Penalties.
Every ANY person eenvieted e€ a FOUND TO BE IN
violation of any THE provisionS of this chapter shall be
GUILTY OF AN UNLAWFUL ACT, AND UPON CONVICTION SHALL BE
punisheelABLE by a fine of not LESS THAN TWENTY-FIVE DOLLARS
($25.00) AND NOT exceeding one NINE hundred NINETY-NINE
dollars ($999.00), OR BY IMPRISONMENT NOT EXCEEDING NINETY (90)
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, PROVIDED HOWEVER,
THAT NO PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS SHALL BE
SUBJECTED TO IMPRISONMENT FOR VIOLATION OF ANY PROVISION OF THIS
CHAPTER.
Section 17: Section 15-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-5. Generally.
(k) Hours:
(1) Normal hours. Parks shall normally be open daily until
10:00 p.m. and normally be closed from 10:00 p.m. to 5:00 a.m.,
except for activities and events sponsored by the department or
authorized by permission of the director. Any park or
recreational facility may be declared closed to the public by the
director or his agent OR BY THE CHIEF OF POLICE OR HIS AGENT at
any time and for any interval of time, within a temporary or
stated interval as the director OR CHIEF OF POLICE shall find
reasonably necessary. It shall be unlawful to go upon an area or
part of any park or recreational facility of the city when it has
been AgKl d to be closed to l6 public by the direeter or his
agent UNDER THIS PROVISION.
Section 18: Section 15-6 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-6. Winter sports.
(a) Ice skating and ice fishing. No ice skating or ice
Fishing is permitted on any water body OWNED OR MANAGED BY THE
CITY OR ON ANY WATER BODY supervised by the department or
included in any park or recreation facility unless the specific
area to be used is so posted or public announcement has been made
by the director allowing such activity. When such areas are open
for use, they are subject to rules and regulations on program and
safety as issued by the director.
Section 19: Section 15-7 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-7. Enforcement of article; power to restrict use of
recreation centers and buildings.
(a) The director or his agent OR AN ANIMAL-PARK ENFORCEMENT
OFFICER is hereby authorized and empowered to enforce all rules
and regulations in this article or issued by the department in
accordance with the authority granted in this chapter.
(b) The director may restrict the hours, days and weeks of
use of any recreation center or building and the director or his
agent OR AN ANIMAL-PARK ENFORCEMENT OFFICER may restrict or
remove any user, individual or group for violation of any of the
rules and regulations set forth herein.
Section 20: Section 15-8 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-8. Water areas.
(B) Boating.
(2) Safety inspection/BOATING PERMIT. It shall be unlawful
for anyone to use any watercraft upon the waters of the park and
recreation areas without a current, valid city safety inspection
sticker/BOATING PERMIT. Safety inspections will be conducted and
SAFETY INSPECTION stickers/BOATING PERMITS may be obtained at the
police department in City Hall by appointment.
(3) Safety 4:sspeetien BOATING PERMIT requirements. In
order to obtain a safety -isspeet}en st}eker BOATING PERMIT
from the Department of Parks and Recreation, the following
requirements shall be met:
(d) The watercraft shall be sea-worthy condition, as
defined and determ}reed by the department of parks and
recreation AND DETERMINED BY THE ANIMAL-PARK ENFORCEMENT OFFICER.
(7) Park rangers ANIMAL-PARK ENFORCEMENT OFFICERS. AN
park ranger ANIMAL-PARK ENFORCEMENT OFFICER may order
inexperienced operators from the water when, in the park
rangers ANIMAL-PARK ENFORCEMENT OFFICER'S judgment, such
operators constitute a safety hazard to themselves or other
operators. Park rangers ANIMAL-PARK ENFORCEMENT OFFICERS may
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also order from the water persons or crafts operating in a
reckless or careless manner or in disregard of or in violation of
any department of parks and recreation rule or regulation.
Park rangers ANIMAL-PARK ENFORCEMENT OFFICERS shall have the
authority to close the lake because of inclement weather or any
other unsafe condition.
Section 21: Section 15-11 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 15-11. Athletic fields.
(a) The director or his agent OR AN ANIMAL-PARK ENFORCEMENT
OFFICER shall enforce all rules and regulations pertaining to
activities upon any athletic field in any park or recreation
facility of the city. The director shall have the power to issue
rules and regulations governing such athletic fields, and copies
of such rules and regulations shall be on file with the
department of parks and recreation and the city clerk.
(b) All teams or individuals shall relinquish play on any
athletic field to any individuals or teams to whom permits for
use of such facility shall have been issued by the director or
his agent.
(c) The director or his agent OR AN ANIMAL-PARK ENFORCEMENT
OFFICER may restrict or remove any player, players, teams or
leagues from all public fields for a specified time for
violations of rules and regulations set forth in this article or
issued by the director under the authority of this chapter..
(d) The director or his agent OR AN ANIMAL-PARK ENFORCEMENT
OFFICER shall have the authority to close any or all public
fields or play areas when use of such area shall create
maintenance problems as a result of weather or other conditions.
Section 22. 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 application to other persons or circumstances.
Section 23. 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.
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Section 24. Penalty Clause. Any person, firm, partnership,
individual, corporation or entity violating any of the terms or
provisions of this ordinance, whether by attempting, commencing
or completing development without prior submission of a site
plan, or by failing to adhere to any of the provisions of an
approved site plan, or by violating any other provision of this
ordinance, shall be guilty of a misdemeanor. Upon conviction,
the court may impose a penalty in the form of a fine not to
exceed nine hundred ninety nine dollars ($999.00). In addition,
the City shall be entitled to enforce the provisions of this
ordinance through injunctive relief as obtained from the
Jefferson County District Court, with all costs, expenses and
reasonable attorneys fees incurred by the City being awarded to
the City as a portion of the injunctive relief.
Section 25. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, .READ, AND ADOPTED on first
_5 to 0 on this 27Th day of my
ordered published in full in a newspaper of
in the City of Wheat Ridge and Public Heari
on final passage set for Monday. August 10
7:30 o'clock p.m., in the Council Chambers,
Avenue, Wheat Ridge, Colorado
reading by a vote of
1987,
general circulation
ng and consideration
, 1987, at
7500 West 29th
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 5 to 2 this 10th day of August
1987.
1987.
Frank Stites, Mayor
ATTEST:
Wanda Sang, City C1~6rk
lst Publication: 7/30/87
2nd Publication: 8/13/87
Wheat Ridge Sentinel:
Effective Date: 8/14/87
APPROVED AS TO FARM $Y
OFFICE OF t -1r)r AT R EY:
/ '
John E. Hayes
V
SIGNED by the Mayor on this 11th day of _ August ,
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