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HomeMy WebLinkAboutOrdinance-1990-0845 INTRODUCED BY COUNCILMEMBER EDWARDS Ordinance No. 845 Series of 1990 TITLE: AN ORDINANCE REPEALING AND REENACTING VARIOUS SECTIONS OF CHAPTER 4 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING ANIMALS AND ENFORCEMENT OF ANIMAL VIOLATIONS BY ANIMAL-PARKS ENFORCEMENT OFFICERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: section 1. The following definitions in section 4-1 of the Code of Laws of the City of Wheat Ridge are hereby repealed and reenacted as follows: Sec. 4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * * * ANIMAL OWNER MEANS ANY PERSON OWNING, KEEPING OR HARBORING AN ANIMAL OR ANIMALS, OR ANY COMPETENT PERSON HAVING RESPONSIBILITY FOR THE CUSTODY, CARE, TREATMENT OR CONTROL OF AN ANIMAL OR ANIMALS AT THE TIME OF A VIOLATION OF THIS CHAPTER. * * * * * Doq owner means any person owning, keeping or harboring a dog or dogs, OR ANY COMPETENT PERSON HAVING RESPONSIBILITY FOR THE CUSTODY, CARE, TREATMENT OR CONTROL OF A DOG OR DOGS AT THE TIME OF A VIOLATION OF THIS CHAPTER. * * * * * Neqlect means failure to provide food, water, protection from the elements, opportunity for exercise, A REASONABLY SAFE AND HEALTHY LIVING AREA, or other care normal, usual and proper for an animal's health and well being. * * * * * Vicious animal means an animal that unprovokedly bites or attacks humans or other animals, or AN ANIMAL WHICH IS NOT ADEQUATELY RESTRAINED IN AN ENCLOSED AREA THAT in a vicioUG or tcrrorizing manncr approaches any person in an apparent attitude of attack OR IN A TERRORIZING OR MENACING MANNER. section 2. section 4-4 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-4. strict liability of ANIMAL owner of dog. For the purposes of prosecution for violation of any section of this chapter, it shall not be necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner of the ~ ANIMAL in question that such ~ ANIMAL was violating any of the sections of this chapter at the time and place charged, it being the purpose and intent of this section to impose strict liability upon the ANIMAL owner ~ FOR OWNING, KEEPING OR HARBORING any dog for ANIMAL WHICH PERFORMS ANY OF the actions OR conduct PROHIBITED BY THIS CHAPTER, aRe OR FOR OWNING, KEEPING OR HARBORING ANY ANIMAL WHEN THE condition of such ~ ANIMAL IS PROHIBITED BY THIS CHAPTER. Section 3. section 4-5 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-5. Destruction OR SEIZURE on judge's order. (a) If a complaint has been filed in the municipal court of the city against the owner of an animal for a violation of this chapter, the municipal judge may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order such animal to be destroyed in a humane manner. Surrender of an animal by the owner thereof does not relieve or render the owner immune from the decision of the court nor to the fees, aRe fines OR OTHER PENALTIES which may result from a violation or violations of this chapter. (b) IF AN AFFIDAVIT HAS BEEN SUBMITTED TO THE MUNICIPAL COURT JUDGE WHICH SATISFIES THE JUDGE THAT AN ANIMAL IS LOCATED WITHIN THE CITY WHICH IS THE SUBJECT OF A VIOLATION OF THIS CHAPTER, AND THAT SUCH ANIMAL EITHER POSES A CLEAR AND PRESENT DANGER TO THE HEALTH, GENERAL WELFARE OR SAFETY OF OTHER PERSONS OR ANIMALS OR IS SUFFERING EXTREME NEGLECT OR CRUELTY, THE MUNICIPAL COURT JUDGE MAY ORDER SUCH ANIMAL SEIZED BY A DESIGNATED OFFICER OR EMPLOYEE OF THE CITY PURSUANT TO RULE 241 OF THE RULES OF PROCEDURE FOR COLORADO MUNICIPAL COURTS. ANIMAL OWNERS MAY REQUEST A HEARING CONCERNING ANY SUCH ORDER FOR SEIZURE BY FILING AN APPROPRIATE MOTION PURSUANT TO RULE 241 (e) OF THE RULES OF PROCEDURE FOR COLORADO MUNICIPAL COURTS. THE ANIMAL OWNER SHALL BE LIABLE FOR ALL EXPENSES ARISING FROM THE IMPOUNDMENT AND BOARDING OF ANY ANIMAL UNDER A SEIZURE ORDER. (c) WHENEVER AN ANIMAL IS SEIZED PURSUANT TO SUBSECTION (b) OF THIS SECTION OR IMPOUNDED PURSUANT TO THIS CHAPTER, THE ANIMAL OWNER SHALL BE SUMMONED BEFORE THE MUNICIPAL COURT ON THE NEXT 2 SCHEDULED COURT DATE FOLLOWING SUCH SEIZURE TO ANSWER ANY CHARGES ARISING INCIDENT TO SUCH SEIZURE. TRIALS INVOLVING CHARGES RESULTING IN ANIMAL SEIZURES SHALL BE GIVEN PRIORITY ON THE MUNICIPAL COURT DOCKET IN ORDER TO MINIMIZE THE EXPENSE TO ANIMAL OWNERS FOR IMPOUNDMENT AND BOARDING OF SEIZED ANIMALS. Section 4. Section 4-6 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-6. Interference with animal-park enforcement officer. It shall be unlawful for any person to interfere with, molest, hinder, ~ obstruct, or DISOBEY A LAWFUL ORDER FROM an animal-park enforcement officer or any OTHER city employee or official WHILE ACTING in the discharge of his official duties under this chapter. section 5. section 4-8 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-8. Running at large. (a) It shall bc unla~ful for thc owncr of any do~ to pcrmit thc samc to run at lar~c ~ithin thc city. A PERSON WHO IS A DOG OWNER SHALL BE GUILTY OF DOG AT LARGE IF SUCH DOG RUNS AT LARGE WITHIN THE CITY. (b) FOR PURPOSES OF SECTIONS 4-8 (a) AND 4-16, animals injured or killed in the street shall be considered as running at large; the animal-park enforcement officer shall remove all such animals and, at his discretion, take those needing medical attention to a veterinarian or to the animal shelter. Thc o.mcr of such animals ahall bc liablc for all cxpcnscs of thc trcatmcnt and of thc impoundmcnt. Injured animals may be destroyed humanely, if it is determined by the animal shelter, or the attending veterinarian that the animal has sustained critical injuries, IS suffering ~ extreme PAIN, and/or ~ HAS A POOR prognosis for recovery is poor. The animal shelter shall consult with a veterinarian as to the disposition of injured animals, when the animals' prognosis cannot be ascertained by the animal shelter with reasonable certainty. THE ANIMAL OWNER SHALL BE LIABLE FOR ALL EXPENSES FOR THE TREATMENT, IMPOUNDMENT AND/OR DESTRUCTION OF ANY ANIMAL. THE CITY AND ANY OF ITS EMPLOYEES, THE ANIMAL SHELTER AND ANY OF ITS EMPLOYEES, AND ANY VETERINARIAN CONSULTED, SHALL BE IMMUNE FROM LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SUBSECTION (b). section 6. section 4-9 of the Code of Laws of the city of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-9. creating a disturbance OR NUISANCE. (a) It shall be unlawful for thc o.Incr of any animal, his agcnt, scrvant, or compctcnt mcmbcr of thc mlncr I a family, or for 3 any cU3todian of any animal OWNER to allow ANY ffileft animal OR ANIMALS to create a nuisance. (b) For the purpose of this section, a nuisance shall be defined as being created by an animal's: CREATING A DISTURBANCE BY frequent, habitual AND UNPROVOKED howling, barking, or other unreasonable noise; causing of offensive odors; or the dangerous nature thereof OR CHARACTER; OR any OTHER CONDUCT OR CONDITION which shall disturbS the peace, safety or comfort of any neighborhood, or interfereS with any person in the reasonable and comfortable enjoyment of life and property. IT SHALL NOT BE A DEFENSE TO A VIOLATION OF THIS SECTION THAT THE ANIMAL OWNER WAS NOT AVAILABLE TO REMEDY SUCH VIOLATION. (c) FOR PURPOSES OF THIS SECTION, PERSONS CANNOT PROVOKE THE HOWLING, BARKING OR OTHER UNREASONABLE NOISE OF AN ANIMAL BY THE ORDINARY OR REASONABLE USE OF PRIVATE PROPERTIES; PUBLIC ROADWAYS, SIDEWALKS, OR ALLEYWAYS; OR COMMON AREAS OF CONDOMINIUMS, TOWNHOUSES OR APARTMENT BUILDINGS. (d) AN ANIMAL-PARKS ENFORCEMENT OFFICER OR OTHER EMPLOYEE OR OFFICIAL OF THE CITY MAY IMPOUND AN ANIMAL OR ANIMALS PURSUANT TO SECTION 4-52 IF THE OFFICER, EMPLOYEE OR OFFICIAL, AFTER MAKING REASONABLE EFFORTS TO LOCATE THE ANIMAL OWNER, REASONABLY BELIEVES THAT IMPOUNDMENT CONSTITUTES THE ONLY AVAILABLE ALTERNATIVE FOR RESTORING THE PEACE, COMFORT, SAFETY OR HEALTH OF THE NEIGHBORHOOD. THE ANIMAL OWNER SHALL BE LIABLE FOR ALL EXPENSES ARISING FROM SUCH IMPOUNDMENT. Section 7. Section 4-11 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-11. Cruelty or inhumane treatment. (a) It shall be unlawful for any person to commit or cause to be committed any act of cruelty, harassment, abandonment, torture, mistreatment or neglect to any animal, or TO cause ffileft ANY animal to be wounded, mutilated, strangulated or inhumanely killed. (b) FOR PURPOSES OF THIS SECTION, A PERSON COMMITS AN ACT OF HARASSMENT UPON AN ANIMAL IF SUCH PERSON'S CONDUCT OR ACTIONS CAUSES AN ANIMAL TO BEHAVE AS IF FRIGHTENED, CAUSES THE ANIMAL DISPLEASURE OR PAIN, OR OTHERWISE CAUSES THE ANIMAL TO BECOME LIKELY TO INJURE EITHER ITSELF OR OTHER PERSONS OR ANIMALS, OR CAUSES THE ANIMAL TO CREATE A NUISANCE. (c) Ownership of ffileft THE animal IN QUESTION shall not be a justifiable defense for sueft acts OR CONDUCT PROHIBITED BY THIS SECTION or for a violation of this section. 4 (d) AN ANIMAL-PARKS ENFORCEMENT OFFICER OR OTHER EMPLOYEE OR OFFICIAL OF THE CITY MAY IMPOUND AN ANIMAL OR ANIMALS PURSUANT TO SECTION 4-52 IF THE OFFICER, EMPLOYEE OR OFFICIAL REASONABLY BELIEVES THAT SUCH IMPOUNDMENT IS NECESSARY FOR THE HEALTH OR SAFETY OF ANY MISTREATED ANIMAL. THE ANIMAL OWNER SHALL BE LIABLE FOR ALL EXPENSES ARISING FROM SUCH IMPOUNDMENT OR ANY MEDICAL TREATMENT FOR THE ANIMAL DURING SUCH IMPOUNDMENT. Section 8. Section 4-15 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-15. Vicious animals. (a) No ORe Ghilll IT IS UNLAWFUL FOR ANY ANIMAL OWNER TO keep, possess or harbor a vicious animal within the City. (b) It Ghilll be the duty of the AN animal-parks enforcement officer or hiG ageRta OTHER EMPLOYEE OR OFFICIAL OF THE CITY MAY impound Stieft A VICIOUS animal IF THE OFFICER, EMPLOYEE OR OFFICIAL REASONABLY BELIEVES THAT SUCH ANIMAL CONSTITUTES A SIGNIFICANT AND IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF PERSONS, PROPERTY OR OTHER ANIMALS IN THE NEIGHBORHOOD. aRd if IF impoundment cannot be made with safety to the animal-park enforcement officer or other CITY EMPLOYEES, OFFICIALS OR citizens, the animal may be destroyed without notice to the ANIMAL owner, keeper or pOGseGGor. (c) Dogs maintained as guard dogs or placed in an enclosed area for protection of persons or property IN COMPLIANCE WITH SECTION 4-33 shall not be included under this section so long as ~ SUCH DOGS remain confined to a specific area under complete and absolute control. IT SHALL NOT BE A DEFENSE TO A VIOLATION UNDER THIS SECTION THAT THE DOG WAS RESTRAINED BY A LEASH, CORD OR CHAIN AT THE TIME THE DOG CAUSED THE VIOLATION TO OCCUR. Section 9. Section 4-16 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-16. Livestock runninq at larqe. It Ghilll be unla>,..ful for ANY PERSON WHO IS AN owner or custodian of any horseS, livestock, or other animals generally regarded as farm or ranch animals, to permit the same SHALL BE GUILTY OF LIVESTOCK AT LARGE IF ANY OF SUCH HORSES, LIVESTOCK OR OTHER FARM OR RANCH ANIMALS runS at large within the city. Section 10. The following subsections (a) and (b) of Section 4-31 of the Code of Laws of the city of Wheat Ridge are hereby repealed and reenacted as follows: 5 Sec. 4-31. Dog AND CAT licenses. (a) Territorial application. The provisions of 6uB3ection6 (b) and (0) of this section shall apply to all dogs AND CATS, and all owners of all dogs AND CATS, present within the jurisdictional boundaries of the city regardless of whether the owner or keeper of the dog OR CAT resides within the city. (b) Violations and penaltv. Any per30n violating, or m/fiing, lceepinq, carinq for, or p03DcDsinq a dog violating DOG OR CAT OWNER WHO VIOLATES any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed ~ FOUR hundred ninety-nine dollars ($999.00 499.00) . * * * * * Section 11. Section 4-32 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-32. Confinement of females in heat. (a) Any un spayed female dog in the state 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. (b) The animal-park enforcement officer shall order THE OWNER OF any unspayed female DOG 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 SUCH DOG 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 boarding may be charged. (c) A DOG OWNER'S failure to comply with ~ AN order of the animal-park enforcement officer TO CONFINE A FEMALE DOG IN THE STATE OF ESTRUS (HEAT) shall be a violation of this provision, and the animal PARK ENFORCEMENT OFFICER MAY w-:i-:H: then be impounded SUCH FEMALE DOG as prescribed in this chapter. Dubject to fines and chargeD as directed. THE DOG OWNER SHALL BE LIABLE FOR ALL EXPENSES ARISING FROM ANY IMPOUNDMENT OR CONFINEMENT UNDER THIS SECTION. Section 12. Section 4-35 of the Code of Laws of the City of Wheat Ridge is hereby added as follows: 6 Sec. 4-35. REMOVAL OF DOG FECES FROM CERTAIN AREAS. WHEN ANY DOG DEFECATES UPON ANY PROPERTY NOT BELONGING TO ITS OWNER OR KEEPER, INCLUDING THE PRIVATE PROPERTIES OF OTHERS; PUBLIC STREETS, PARKS, SIDEWALKS AND ALLEYWAYS; OR THE COMMON AREAS OF CONDOMINIUMS, TOWNHOUSES OR APARTMENTS, IT SHALL BE UNLAWFUL FOR THE OWNER OR KEEPER OF SUCH DOG TO FAIL TO REMOVE AND DISPOSE OF SUCH FECES PROMPTLY. section 13. Section 4-51 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-51. Animal shelter. The animal shelter is hereby designated by the city as the facility for the boarding and caring of any animal impounded under the provisions of this chapter or any other ordinance OF THE CITY or UNDER ANY law of the state. section 14. section 4-52 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-52. Custody and disposition of unelaimcd IMPOUNDED animals. (a) AnimalG requircd te diGplay currcnt rabicG tagG by Gtatc ~tatutc or by erdinanccG ef thc city and ~hich arc net di3playing currcnt rabic3 tago, and animalG running at largc, WHENEVER ANY PROVISION OF THIS CHAPTER, THE ORDINANCES OF THE CITY, OR STATE STATUTES PROVIDE THAT AN ANIMAL may be taken into custody OR IMPOUNDED by animal-park enforcement officers, or employees or agents of the city ftftd, THIS SECTION SHALL ALSO APPLY. (b) WHENEVER AN ANIMAL-PARK ENFORCEMENT OFFICER OR OTHER EMPLOYEE OR AGENT OF THE CITY IMPOUNDS AN ANIMAL, SUCH ANIMAL SHALL BE impounded in a humane manner for a period of not less than five (5) days following the date of NOTICE TO THE ANIMAL OWNER OF SUCH impoundment PURSUANT TO SECTION 4-53; any ~ ANIMAL 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 animal shelter. (c) No animal shall be destroyed before the lapse of five (5) days FOLLOWING NOTICE OF IMPOUNDMENT PURSUANT TO SECTION 4-53, unless it iG dctcrmined by the animal shelter DETERMINES that the animal is critically ill or injured, IS suffering ~ extreme PAIN, and/or HAS A POOR ~ prognosis for recovery i~ peer. The animal shelter shall consult with a veterinarian as to the disposition of injured animals, when the animals' prognosis cannot be ascertained by the animal shelter with reasonable certainty. The owner of any impounded animal shall be responsible for the payment of such boarding and impoundment fees established by the animal shelter. THE CITY AND ITS EMPLOYEES, THE ANIMAL SHELTER AND ITS EMPLOYEES, 7 AND ANY VETERINARIAN CONSULTED, SHALL BE IMMUNE FROM LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SECTION. (d) NOTWITHSTANDING THE FOREGOING, WHENEVER AN ANIMAL IS IMPOUNDED BY ORDER OF THE MUNICIPAL COURT OR OTHER COURT, THE ANIMAL SHELTER SHALL NOT SELL, DONATE OR DESTROY SUCH ANIMAL UNLESS SUCH ACTION IS PERMITTED BY A SUBSEQUENT ORDER OF THE SAME COURT WHICH ORDERED THE INITIAL IMPOUNDMENT. Section 15. Section 4-53 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-53. Notice OF IMPOUNDMENT to ANIMAL owner. (a) The animal shelter or the WHENEVER AN ANIMAL-PARK ENFORCEMENT OFFICER, OTHER CITY EMPLOYEE OR OFFICIAL IMPOUNDS AN ANIMAL PURSUANT TO THIS CHAPTER, ANY ORDINANCE OF THE CITY, OR STATE STATUTES, SUCH animal-park enforcement officer OR EMPLOYEE OR OFFICIAL shall, as soon as possible after impoundment, notify the owner of such impoundment. IF THE IDENTITY OF THE ANIMAL OWNER IS KNOWN, SUCH NOTICE SHALL BE ADEQUATE IF DIRECTLY COMMUNICATED BY THE OFFICER, EMPLOYEE OR OFFICIAL, EITHER ORALLY OR IN WRITING, TO THE ANIMAL OWNER EITHER PERSONALLY OR BY TELEPHONE. PERSONAL SERVICE OF A SUMMONS AND COMPLAINT UPON AN ANIMAL OWNER FOR A VIOLATION OF THIS CHAPTER OR OTHER ORDINANCES OF THE CITY SHALL CONSTITUTE ADEQUATE WRITTEN NOTICE OF IMPOUNDMENT. (b) IF THE IDENTITY OF THE ANIMAL OWNER IS KNOWN, BUT SUCH ANIMAL OWNER CANNOT BE LOCATED PROMPTLY FOR PERSONAL COMMUNICATION, THE OFFICER, EMPLOYEE OR OFFICIAL OF THE CITY SHALL POST A WRITTEN NOTICE OF IMPOUNDMENT IN A CONSPICUOUS PLACE AT THE LAST KNOWN ADDRESS OF THE ANIMAL OWNER. SUCH NOTICE OF IMPOUNDMENT SHALL SPECIFY THE DATE, TIME AND LOCATION OF THE IMPOUNDMENT AND THE REASON SUCH IMPOUNDMENT WAS DEEMED NECESSARY. THE NOTICE SHALL ALSO SPECIFY THE DATE AND TIME ON WHICH THE NOTICE WAS POSTED AND INFORM THE ANIMAL OWNER THAT THE IMPOUNDED ANIMAL MUST BE CLAIMED WITHIN FIVE (5) DAYS OF THE SUCH DATE AND TIME OR THE ANIMAL MAY BE SOLD, DONATED OR DESTROYED WITHOUT FURTHER NOTICE. IN ADDITION, SUCH NOTICE SHALL INCLUDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE FACILITY AT WHICH THE ANIMAL IS CONFINED AND INFORM THE ANIMAL OWNER THAT ANIMAL OWNERS MUST PAY ALL EXPENSES ARISING FROM THE IMPOUNDMENT AND CONFINEMENT, INCLUDING MEDICAL EXPENSES IF ANY, IN ORDER TO CLAIM THE IMPOUNDED ANIMAL. THE OFFICER, EMPLOYEE OR OFFICIAL OF THE CITY SHALL RETAIN A COPY OF THE NOTICE OF IMPOUNDMENT FOR THE CITY'S RECORDS AND DELIVER ANOTHER COPY OF THE NOTICE OF IMPOUNDMENT TO THE FACILITY AT WHICH THE ANIMAL IS CONFINED. (c) If the identity of the ANIMAL owner is unknown, the animal-park enforcement officer OR OTHER EMPLOYEE OR OFFICIAL OF THE CITY shall make a reasonable attempt to locate and identify the ANIMAL owner and, if such owner is found, to notify the ANIMAL 8 owner of the impoundment PURSUANT TO EITHER SUBSECTION (a) OR (b) OF THIS SECTION. section 16. section 4-55 of the Code of Laws of the city of Wheat Ridge is hereby repealed and reenacted as follows: Sec. 4-55. Immediate destruction when deemed in public interest. (a) Nothing in this section CHAPTER shall be construed to prevent the immediate destruction of any vicious dog or other VICIOUS animal when deemed necessary in the interest of public safety by the animal-park enforcement officer or any other law enforcement personnel, OR BY ANY OTHER PERSON UNDER CIRCUMSTANCES WHERE A SIGNIFICANT AND IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF A PERSON OR OTHER ANIMAL EXISTS. (b) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO PREVENT THE IMMEDIATE DESTRUCTION OF ANY DOMESTIC OR WILD ANIMAL WHEN A VETERINARIAN, ANIMAL-PARK ENFORCEMENT OFFICER, OR OTHER LAW ENFORCEMENT OFFICER HAS DETERMINED THAT SUCH ANIMAL IS CRITICALLY ILL OR INJURED, IS SUFFERING EXTREME PAIN, AND/OR HAS A POOR PROGNOSIS FOR RECOVERY. THE CITY AND ITS EMPLOYEES, AND ANY VETERINARIAN CONSULTED, SHALL BE IMMUNE FROM LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SUBSECTION (b). MOREOVER, NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT OR RESTRICT A PERSON'S ABILITY TO PROTECT LIFE AND PROPERTY PURSUANT TO SECTIONS 33-3- 106(3) AND 33-6-107(9), COLORADO REVISED STATUTES (AS AMENDED) OR TO LIMIT OR RESTRICT THE AUTHORITY OF ANY PERSON WORKING FOR THE COLORADO DIVISION OF WILDLIFE, OR AT THE DIRECTION OF AN EMPLOYEE FROM THE COLORADO DIVISION OF WILDLIFE. section 17. Continuity. Any section, subsection, definition or other provision which has not been expressly amended by this ordinance shall remain unchanged and in full force and effect. Section 18. 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 19. Safetv 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. 9 section 20. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to 0 on this lOth day of September , 1990, 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. October 8 , 1990, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, reading by a vote of October AND ORDERED PUBLISHED 8 to 0 this , 1990. on 8th second and day of final SIGNED by the Mayor on this 9th 1990. day of October ~~.d--cLJ Dan Wilde, Mayor ATTEST: I / . / ____ 1'1 { 'j~ l. (~t-q..._~ Wanda Sang, ~ ;. /'<--1: I city qkrk APPROVED AS TO FORM BY OFFICE OF CI~ ATTORNEY / ( ,/ '. -, John ,-E. / 1st Publication: September 19, 1990 2nd Publication: October 17, 1990 Applewood/Wheat Ridge Transcript: Effective Date: November 1, 1990 l Hayes, City Attorney ~ 10