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Home My WebLink AboutOrdinance-1996-1050 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SOLANO Council Bill No. 41 Ordinance No. 1050 Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS TO DEFINE AND CLASSIFY POTBELLIED PIGS AS EXOTIC ANIMALS AND TO IMPOSE REQUIREMENTS ON THE GRANTING OF EXCEPTIONS BY THE ANIMAL CONTROL COMMISSION WHEREAS, Chapter 4 of the Code of Laws classifies swine as domestic animals; and WHEREAS, the Council wishes to classify potbellied pigs, which lS an imported variety of swine, as exotic animals and provide for certain requirements for the granting of exceptions by the Anlmal Control Commission for potbellied pigs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection 4-14 (d) (1) of the Wheat Ridge Code of Laws is hereby amended as follows' (1) The following 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) . Domestic cat (Felis Catus) . Domestlc 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 Scrofa Vittatus, WHICH IS AN IMPORTED VARIETY OF SWINE AND WHICH SHALL BE CONSIDERED EXOTIC ANIMALS) . Section 2. Subsection 4-14 of the Wheat Ridge Code of Laws is hereby amended as follows: RCW\,53U~~\1~212~ 2 RC'W',53:J27' 1"".:21- 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 control commlSSlon 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 FOR A POTBELLIED PIG, SUS SCROFA VITTATUS, PURSUANT TO SECTION 4-14(B) SHALL BE LIMITED AS FOLLOWS. (I) (II) (III) (IV) (V) (VI) (VII) (VIII) (IX) 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 (1) ACRE OF PROPERTY IN EXCESS OF THE MINIMUM LOT SIZE; EVERY POTBELLIED PIG MUST BE NEUTERED OR SPAYED BY THE AGE OF FOUR (4) MONTHS; NO POTBELLIED PIG MAY WEIGH MORE THAN 150 POUNDS NOR BE TALLER THAN 22 INCHES IN HEIGHT; THE POTBELLIED PIG MUST BE CERTIFIED AS SUCH BY A LICENSED VETERINARIAN OR BE AN OFFICIALLY REGISTERED POTBELLIED PIG, PENNED EXTERIOR AREAS CONFINING POTBELLIED PIGS MUST BE NO CLOSER THAN FIFTEEN (15) FEET TO A SIDE OR REAR YARD LOT LINE AND NO CLOSER THAN THIRTY (30) FEET TO A RESIDENTIAL STRUCTURE LOCATED ON AN ADJACENT LOT; OUTDOOR ENCLOSURES MUST BE KEPT CLEAN, PRIOR TO THE GRANTING OF AN EXCEPTION, OWNERS MUST REVIEW EDUCATIONAL MATERIALS PROVIDED BY THE ANIMAL CONTROL COMMISSION RELATED TO THE CARE AND KEEPING OF POTBELLIED PIGS; THE ANIMAL CONTROL COMMISSION 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 THE ANIMAL CONTROL COMMISSION MAY IMPOSE REASONABLE CONDITIONS PRIOR TO GRANTING OR DURING THE TERM OF ANY EXCEPTION WHICH 1S NECESSARY TO PROTECT THE ANIMAL'S HEALTH AND THE SAFETY AND ENJOYMENT OF ADJACENT PROPERTIES AND OWNERS. -2- (2) THE KEEPING OF POTBELLIED PIGS, SUS SCROFA VITTATUS, WHICH IS AN EXOTIC ANIMAL, SHALL BE PERMITTED IN THE AGRICULTURAL TWO ZONE DISTRICT AND SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS 4-14(B) AND (C). (3) NOTWITHSTANDING THE REQUIREMENTS OF CHAPTER 26, THE KEEPING OF AN EXOTIC ANIMAL FOR WHICH THE COMMISSION HAS GRANTED AN EXCEPTION PURSUANT TO THIS SUBSECTION 4-14 (C) SHALL BE DEEMED A LAWFUL USE OF THE AFFECTED PROPERTY. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4 Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of August, 1996, 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 September 23, 1996, and continued to October 14, 1996, at 7: 00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND reading by a vote of 8 ORDERED PUBLISHED on second and to 0 , this 14th day of October, final 1996 SlGNED by the Mayor on this 15th day of October , 19 ~~ DAN WILDE, MAYOR ATTEST: \ I x ::-----.f) _ L ,," d...c ---J--\~ V> ( WANDA SANG, CITY CLER~ RCW\c;"":\027 15::21:'::1 -3- ~~J~~ GERALD E. DAHL, CITY ATTORNEY 1st Publication August 30, 1996; October 4, 1996 2nd publication October 25, 1996 Wheat Ridge Transcript Effective Date: November 9, 1996 RCT,L"!()..::' l'"::-~12C' ~ -4 -