HomeMy WebLinkAbout2021 Ordinance No. 0111
BY AUTHORITY
ORDINANCE NO. 11 COUNCIL BILL NO. 07
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 3; 5;
9; 16 REGARDING THE IMPOUNDMENT OF ANIMALS AND THE
CLASSIFICATION OF DANGEROUS ANIMALS.
WHEREAS, Englewood Municipal Code Title 7, Chapter 1A currently allows for
the impoundment and classification of certain animals, dogs and cats, but does not allow
for other animals, including domesticated, neglected, and dangerous animals, to be
impounded
WHEREAS, the Englewood City Council finds and determines that the procedures
and safeguards for the impoundment of dogs and cats within the Englewood Municipal
Code have provided for the health and safety of dogs and cats as well as the community,
while also ensuring that dog and cat owners are afforded due process in addressing the
impound.
WHEREAS, the Englewood City Council finds and determines that Code
Enforcement should have the option to impound animals kept in contravention of the
Englewood Municipal Code, including domesticated animals which are not permitted to
be kept within the city, neglected animals and dangerous animals;
WHEREAS, the Englewood City Council finds that the stated changes were
recommended by the Code Enforcement Advisory Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
In accordance with the provisions of Englewood Municipal Code the following
amendments to Title 7, Public Safety, are hereby approved:
Section 1: Title 7, Chapter 1A, Sections 3; 5; 9; 16. Title 7 shall be amended by
amending Chapter 1A, sections 3; 5; 9; 16 as follows:
Chapter 1A – DOGS AND CATS CARE OF ANIMALS
7-1A-3: - Running at Large.
It shall be unlawful for any dog or cat domesticated animal owner to allow such animal
to run at large.
7-1A-5: - Impoundment of Animals at Large; Notice, Disposition.
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A. Any dog or cat domesticated animal found running at large or animal kept in violation
of this code may be taken by the City and impounded in a shelter designated by the
City.
B. Except for dogs and cats domesticated animals subjected to cruelty or neglect (7-1A-
9), or that are Dangerous (7-1A-16), or suspected of rabies infection (7-1A-11), any
impounded at large dog or cat domesticated animal may be claimed by and released to
its owner upon payment of fines and fees at the Violations Bureau.
C. Impounded dogs and cats domesticated animals not claimed by owner within six (6)
business days may be disposed of by the City in any suitable manner.
D. Evidence of current rabies vaccination is required prior to release of impounded dogs
or cats.
E. When a dog or cat domesticated animal is found running at large and ownership of
such animal is known to City personnel, such animal need not be impounded, but such
personnel may cite and return the animal to the owner.
F. Immediately upon impounding a dog or cat domesticated animal, the City shall make
a reasonable effort to notify the owner of such animal and inform such owner of the
conditions whereby the owner may retain custody of such animal.
G. Impoundment fees for dogs and cats domesticated animal shall be set by City Council
Resolution.
Englewood Municipal Code 7-1A-9: -Cruelty to or Neglect of Dogs and Cats
Domesticated Animals.
A. It shall be unlawful for any person to kill, maim, disfigure, torture, torment, neglect,
beat, burn or scald with any substance a domesticated animal, or cause a dog or cat
domesticated animal to endure unreasonable or unjustifiable pain, suffering or injury.
B. It shall be unlawful for any person to antagonize, intimidate, threaten, abuse or verbally
harass any dog or cat domesticated animal.
C. Care and Maintenance. It shall be unlawful for any person keeping or harboring any
dog or cat domesticated animal to fail or refuse to provide such dog or cat domesticated
animal with proper food, drink, shade and shelter. Proper food, drink, shade and shelter
shall require that:
1. Each dog or cat domesticated animal shall receive an adequate daily supply of clean,
fresh food suitable for its physical condition and age sufficient to maintain a healthy level
of nutrition.
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2. Each dog or cat domesticated animal shall, at all times, have an adequate and
accessible supply of clean, fresh, potable water and such water shall be provided either
free-flowing or in a clean, stable receptacle.
3. Each dog or cat domesticated animal housed outdoors or tethered outdoors shall have
convenient access to appropriate weather and temperature resistant shelter throughout
the year. Any shelter shall be structurally sound, clean, adequately sized, and maintained
in good repair to protect the dog or cat domesticated animal from injury and from the
elements.
4. The living area for the dog or cat domesticated animal shall have adequate drainage
such that the dog or cat domesticated animal shall be free to walk, sit, stretch or lie down
on a dry surface.
5. If a dog or cat domesticated animal is housed outdoors, in addition to a shelter, it shall
be provided with an enclosure to minimize risk of injury and to provide sufficient space to
enable freedom of movement and exercise.
6. An animal A domesticated animal may not be placed or confined, or allowed to be
placed or confined or allowed to remain in an unattended vehicle without sufficient
ventilation or under conditions or for such period of time as may be expected to endanger
the health or well-being of domesticated animal due to heat, lack of water or such other
circumstances as may be expected to cause suffering, injury or death. A Code
Enforcement Officer or Police Officer who finds a domesticated animal in a vehicle in
violation of this Section may enter the vehicle by using the amount of force reasonably
necessary to remove the domesticated animal.
D. The City may take and impound any dog or cat domesticated animal found to be
subjected to prohibited treatment described in this Section. If the owner has not submitted
a request to reclaim the domesticated animal within six (6) business days, the City may
dispose of the domesticated animal in any suitable manner. If a claim is made by the
Municipal Court for the dog or cat domesticated animal, the domesticated animal shall be
held by the City or by a shelter designated by the City until the Municipal Court enters an
order finding either:
1. Charges under this Section cannot be proven beyond a reasonable doubt, or
2. The Municipal Court finds that care and maintenance issues under Paragraphs B and
C above have been satisfactorily remedied. The domesticated animal may be released
upon payment of any fines, fees and impoundment costs. A domesticated animal
impounded under the provisions of Paragraph A of this Section shall not be returned to
its owner, but may be disposed of in any suitable manner at the discretion of the City.
7-1A-16: - "Dangerous" Animals Prohibited.
A. It shall be unlawful for any person to own or harbor a "Dangerous" animal, except as
provided in Subsection H of this Section.
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B. An owner of a dog or cat domesticated animal that has been adjudicated as having
committed acts that would be deemed "Dangerous" as set forth in this Chapter in any
other jurisdiction shall register said animal with the City as a "Dangerous animal".
C. The owner of any dog or cat domesticated animal shall be responsible for any
damage committed by that dog or cat against any property, real or personal, live or
inanimate, or any person or domesticated animal.
D. It is an affirmative defense to the charge of "At-Risk" or "Dangerous" animal that the
person or animal that was attacked by the "Dangerous" animal was:
1. Other than in self-defense or defense of others, attacking the animal or engaging in
conduct reasonably calculated to provoke the animal to attack or bite; or
2. Unlawfully engaging in entry into or upon the premises or containment within which
the animal was lawfully kept; or
3. Unlawfully engaging in entry into or in or upon a vehicle in which the animal was
confined; or
4. Harassing the animal; or
5. Assaulting another person; or
6. Attempting to stop a fight between the animal and any other animal; or
7. Attempting to aid the animal when it was injured; or
8. Attempting to capture the animal in the absence of the owner; or
9. A veterinary health care worker, dog groomer, humane agency staff person,
professional dog handler, trainer, Code Enforcement or Police Officer or other
professional acting in the performance of his or her respective duties.
E. Exemption. Employees or agents of the City or any local, state or federal
governmental entity, using animals within the course of their duties or employment shall
be exempt from the provisions of Paragraphs A, B and C above.
F. Impoundment. Any animal which has caused injury to any person or domestic animal
or which has committed any behavior defined as "Dangerous" herein, may be seized
and impounded as provided for in this Chapter.
G. Impoundment Hearing. Any animal impounded pursuant to this Chapter may be held
for a hearing before the Municipal Court to determine the disposition of such animal.
Dogs or cats domesticated animal not claimed by their owners before the expiration of
six (6) business days may be disposed of at the discretion of the City. The City shall
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notify, when ascertainable, the owner of the animal in writing of the date, time, place
and purpose of the hearing. The Court may conduct such hearing at the earliest date
available to the Court. If, on the date of the hearing, the duly notified owner does not
appear, the Court may proceed with the hearing. The hearing may take place regardless
of any pending municipal charge pertaining to the animal.
The Court may order the animal to remain impounded at the owner's expense until final
disposition of any pending municipal charges. The owner shall bear all costs of
impounding the animal regardless of the results of any municipal charges. If the Court
determines that it is not appropriate to order the animal impounded the Court may order
the animal returned to the owner and to be kept under such circumstances as will ensure
the safety of persons, property or other animals.
H. Conditions for Keeping an Animal Classified as "Dangerous".
1. The owner of the classified animal shall comply with all of the following conditions:
a. The owner of the "Dangerous" animal shall pay a permit fee to be set by City Council
Resolution. Said permit shall not be issued until inspection and approval of the Escape-
Proof Enclosure.
b. Only one (1) "Dangerous" animal may be permitted, per residence.
c. The owner of the "Dangerous" animal shall keep current the permit for such
"Dangerous" animal through annual renewal. Such permit is not transferable or
renewable except by the holder of the permit or by a member of the immediate family
of such permitee. A "Dangerous" animal permit tag will be issued to the owner at the
time of issuance of the permit. Such permit tag shall be attached to the "Dangerous"
animal by means of a collar or harness which must be worn by the animal at all times.
It should be clearly visible, and shall not be attached to any "Dangerous" animal other
than the "Dangerous" animal for which the permit was issued.
d. The owner of a "Dangerous" animal must be at least eighteen (18) years of age.
e. The Court may require proof of liability coverage which will cover any damage or
injury caused by a "Dangerous" animal.
f. The owner of a "Dangerous" animal shall, at the owner's own expense, have the
"Dangerous" animal spayed or neutered and shall present to the City Manager or
designee documentary proof from a licensed veterinarian that this sterilization has been
performed.
g. The owner of a "Dangerous" animal shall, at the owner's own expense, within ten (10)
business days, have a microchip containing an identification number implanted into the
"Dangerous" animal. The City Manager or designee shall maintain a file containing the
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registration numbers and shall coordinate that list with the State. The owner shall notify
the City Manager or designee of any change of address within fifteen (15) working days.
h. The owner must confine the "Dangerous" animal in a building or enclosure designed
to be escape-proof and, whenever the animal is outside of the building or enclosure,
keep the animal under the owner's control by use of a leash. The owner shall post a
conspicuous warning sign on the building or enclosure notifying others that a
"Dangerous" animal is housed in the building or enclosure. In addition, if the conviction
is for a second or subsequent offense, the "Dangerous" animal shall also be muzzled
whenever it is outside of the building or enclosure.
i. The owner shall immediately notify the City Manager or designee in the event that the
"Dangerous" animal is loose, stolen, at large, unconfined, has mauled, bitten, attacked,
threatened, or in any way menaced another domesticated animal or human. The owner
shall also notify the City Manager or designee in the event the "Dangerous" animal is
sold, disposed of, or has died.
j. Failure to comply with any of these conditions may result in the impoundment of the
animal, subject to disposition pursuant to 7-1A-16, Section F, E.M.C.
Declassification. A declassification fee in an amount to be set by City Council Resolution
will be assessed when the classification period begins. Declassification shall occur
pursuant to this Chapter. The following conditions must be met:
1. Animals that have been classified as "At-Risk" for one (1) year without further
violation, and two (2) years without further violation for any animal classified as
"Dangerous", since the most recent citation by such animal, and
2. Written certification of satisfactory completion of approved obedience training, AKC
"Canine Good Citizen" program or equivalent for the classified animal, with the owner,
and
3. Any additional condition ordered by the City Manager or his designee or the Municipal
Court.
J. Euthanization. Upon a classification of "Dangerous" animal, the Court, in addition to
the requirements set forth in this Chapter and the penalties set forth in the Code, may
hold a hearing to determine if the animal should be euthanized, and, if so, the animal
shall be euthanized under the supervision of a veterinarian.
K. Authority for Immediate Destruction. After making reasonable attempts to control an
animal, if a Code Enforcement Officer or Police Officer determines that the animal
presents a danger to any person or domestic animal, it shall be lawful for the officer to
destroy the animal without notice to the animal owner.
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Section 2. Notice of general provisions and findings applicable to interpretation
and application of this Ordinance:
Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C.
Title 1, Chapter 2, Savings Clause apply to the interpretation and application of this
Ordinance, unless otherwise set forth above, including, but not limited to, the provisions
regarding severability, inconsistent ordinances or code provisions, effect of repeal or
modification, and legislation not affected by repeal.
Enforcement. E.M.C. mandates that except as otherwise provided within
specific Titles, Chapters or Sections of the E.M.C., the violation of any provision of the
E.M.C. shall be punished by a fine not exceeding two thousand six hundred and fifty
dollars ($2650.00) or imprisonment for a term not exceeding three hundred sixty (360)
days or both.
Safety Clauses. The Englewood City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City of
Englewood, 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 Englewood City Council further
determines that the Ordinance bears a rational relation to the proper legislative object
sought to be obtained.
Introduced, read in full, and passed on first reading on the 1st day of March,
2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 4th day of March, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 3rd day of March, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 15th day of March, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 11, Series of
2021, on the 18th day of March, 2021.
Published by title on the City’s official website beginning on the 17th day of
March, 2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 11, Series of 2021.
Stephanie Carlile