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HomeMy WebLinkAbout1977 Ordinance No. 030• •• •· • INTROD UCED AS A ~ILL BY COUNCILMAN BROWN. BY JUTHORITY ORDINANCE NO. 0 , SERIES OF 1977 6 A , AN ORDINANCE AMENDING ARTICLE II, ~11, CHAPTER 11, TI TL E XI, CONTROLLING, RESTRICTING AND PROHIBITING CERTAIN ANI MALS, FOWL AND ANIMAL BY-PRODUCTS • . BE IT ORDAINED BY THE CITY COUNCIL, CITY OP ENGLEWOOD, COLO RADO, as follows: Se ct i on 1. the .!~t Article ~~ E.M.C as ;q[:,1 II, Sect~ 11, Chapter 11, Title XI of amended?t~--read as follows: 1 1-11-211 DEFINITIONS When used in this Article II, .the words and phrases defined in this chapter, for the purposes of this title, h ave the meaning• respectively ascribed to them in this c hapter. (a) Animal. "Animal" means any animate beinq which is endowed with the power of voluntary motion; all living creatures not human. (b) Cattle. "Cattle" means animals of the bovine genus regardless of sex. (c) (d) (e) (f) (g) Direptor. Director of Community Development for the City of Englewood or his designee. Enclosure or inclosure. "Enclosure" also "lnclosure" means land surrounded by some visible obstruction such as a fence. Fowl. "Fowl"·means a bird of any kind except those birds maintained within a residence and a cage not exceeding twenty-five (25) cubic feet. Goat. "Goat" means any of various hollow- horned ruminant mammals (esp. of the genus Capra) regardless of sex. Hog. "Hog" means .swine, pigs or any of various stout-bodied ·short legged omnivorous manunals (family Suidae) • •• • • (h) Horse. "Horse• means an animal of the gen~s equvs and species caballus regardless of sex. (i) Livestock. •Livestock• means farm animals, Including but not limited to, cows, horses, sheep and pigs. (j) Neighborhood. "Neighborhood" means a place near, ari adjoining or surrounding district, a more immediate vicinity. (k) Pigj. "Pig•• means swine, hog or any of · var ous stout-bodied, short legged onmivorous mammals (family Suidae). (1) Premises •. "Premises• means the area or tract of land surrounding the residence, or place of business, of the owner or custodian of any animal or fowl, which area or tract of land appertains to the residence or place of business. (m) Rabbit. •Rabbit• means any member of the hare family regardless of sex. (n) Sheep. "Sheep• mean• any of numerous reminant mammals (genus Ovia) regardless of sex • I (o) Swine. "Swine• mean• hog, pig or any of varlou• stout-bodied short legged omnivorous mammal• (family Suidae). 11-11-221 P'REMISES KEPT CLEAN Any person who own• or control• any lot, barn, stable, shed, building or other place where domestic fowls or apimala are kept, shall keep the building and premises in a clean and sanitary condition and shall remove all manure from the premises at least once each week. 11-11-23: LIVESTOCK RUNNING AT LARGE It is unlawful for any person who is the owner, posses- sor or custodian of any animal including but not limited to horses, asses, mules, cattle, sheep, swine, fowl or goats, to suffer or permit the same to run at large within the City of Englewood. Any such animals found running at large may be taken up, impoun ded, and disposed of by the police department in the manne r provided by law . -2- .. • • • . . 11-11-24: DISTURBANCE OP NEIGHBORHOOD PROHIBITED It is unlawful for any person to keep ·or maintain any animal or fowl within the City which habitually or continuously disturbs the peace and quiet of the neighborhood and the keeping of any such animal or fowl shall be declared to be a nuisance. 11-11-25: BULLS PROHIBITED It is unlawful for any person to keep or harbor within the City of Englewood any Bull or uncastrated male cattle. 11-11-26: HOGS PROHIBITED It is unlawful for any person to keep or harbor within the City of Englewood any hogs, pigs, or swine. 11-11-27: CATTLE, SHEEP, GOATS OR HORSES-RESTRICTED It i• unlawful for any person to herd, keep, maintain or harbor any cattle, sheep, goats or horses or other livestock within the city limits except as provided in this Article II. 11-11-28: CATTLE, SHEEP, GOATS AND HORSES-~PERMIT REQUIRED (a) No person shall keep or maintain cattle, sheep, goats or horses within the city limits unless such person has a valid permit so to do. (b) Application for a permit to keep cattle, sheep, goata or horse• shall be made in writing to the Director and shall contain an adequate description of the real property upon which cattle, sheep, goat• or horses are to be kept and maintained. Following application, the Director shall cause the premises to be inspected, and if all the requirements of this code are com- plied with, he shall authorize issuance of the permit. The Director shall issue all permits upon the payment of a fee of five dollars. A permit shall continue to the end of the calendar year unlesa revoked as herein provided. 11-11-29: CATTLE, SHEEP, GOATS AND HORSES CONDITIONS REQUIRED POR PERMIT The Director shall authorize issuance of a permit to keep and maintain cattle, sheep, goats and horses on certain described premises within the City upon his determination that the following conditions or requirements are complied with:· (a) Permits may be issued only to resident owners or lessees of real property having a minimum lot area of 16,000 square feet • -3- • • • (b) A maximum of two (2) cattle, sheep, qoats or hprses or combination thereof may be kept or maintained on the first 16,000 square feet of land described in each permit and one (1) additional cattle, sheep, qoats, or horses or combination thereof may be kept or maintained for each additional 16,000 square feet of land described in each permit. Any real property included in a permit issued hereunder shall not be included in another permit except a permit for rabbits and fowl. 11-11-301 RABBITS AND FOWL --RESTRICTED It is unlawful for any person to keep, maintain, or harbor any rabbits or fowl within the city limits except aa provided in this .chapter. 11-11-31: RABBITS AND FOWL --PERMIT REQUIRED (a) No person shall keep or maintain any rabbits or fowl within the city limits unless such person has a valid permit so to do. (b) Application for a permit to keep rabbits and/or fowl shall be made in writing to the Director and shall contain an adequate description of the real property upon which rabbits and/or fowl are to be kept and maintained. Following application, the Director shall cuase the premises to be inspected, and if all the requriements of this code are complied with, he shall authorize issuance of the permit. The Director shall issue all permits upon the payment of a fee of five dollars ($5.00). A permit shall continue to the end of the calendar year unless revoked as herein provided. 11-11-32: RABBITS AND FOWL--CONDITIONS REQUIRED FOR PERMIT The Director shall authorize issuance of a permit to keep and maintain rabbits and/or fowl on certain described pre- mises within the City upon his determination that the followinq conditions or requi~ements are complied with: . (a) Permits may be issued only to ·resident owners or lessees of real property havinq minimum lot area of 16,000 square feet. (b) A maximum of ten (10) rabbits and/or fowl or combination thereof may be kept or maintained on the first 16,000 square feet of land described in each permit and an additional ten (10) rabbits and/or fowl or combination thereof may be kept or maintained for each additional 16,000 square feet of land described in each permit. Any real property included in -4- • • •• • • a permit issued hereunder shall not be include~ in another permit except a permit for cattle, sheep, goats and horses • ...... (c) Exception: Where there are maximum of ~--(2) rabbits, no minimum lot area or permit is required. 11-11-331 BUILDINGS FOR ANIMALS (a) Any shed, coupe, barn or stable in which cattle, sheep, goat, horses, rabbit• or fowl or any other animal ia kept or maintained shall not be closer than twenty- f i ve feet to any building occupied as a residence or used for human habitat ion.. · · · · · Ali property where any animals are. to be kept or maintained shall be fenced with an adequate fence to contain them within said enclosure. -·-·-----· ------· 11-11-341 REVOCATION OR DENIAL OF PERMIT (a) The Director may revoke any permit issued hereunder upon the grounds that the permittee is violating or has violated any of the provisions in Article II. A copy of the notice of revocation shall be mailed the permittee by the Director. Said revocation to be effective thirty (30) days from the date of notice. The Permittee shall appeal within ten (10) days after receipt of said notice of revocation by filing a notice.of appeal with the Secretary of the Board of Adjustment and Appeals who shall notify the Director of said appeal. Thereafter the Secretary of the Board of Adjust- ment and Appeals shall cause a written notice to be mailed to ~· the permittee and the Director notifying each that a hearing on the revocation will be held at a meeting of the Board of Adjustment and Appeal~ said meeting to be held not less than ten (10) days from the date of mailing such notice. Such notice shall specify the time and place of the hearing. If, upon such hearing, the Board of Adjustment and Appeals finds that the permittee has violated any of the provisions of this Article II, the Board of Adjustment and Appeals shall not overrule the revocation of the permit or permits and the permittee shall be allowed forty-eight hours within which to remove all animals covered hereunder and ten (10) days to remove any offensive or prohibited material. (b) Upon the denial of a permit under the provisions of this Article II, the Director shall cause written notice -s- ' , • • • . of such denial to be mailed to the applicant, notifying the applicant thereof. An applicant deairinq to appeal such denial shall within ten (10) daya of receipt of the notice of denial, file with the Secretary of Board of Adjustment and Appeals ·a written request for a hearinq before the Board of Adjustment and Appeals. Upon receipt of a request for hearing, the Secretary of Board of Adjustment and Appeals shall give notice of the hearing to applicant and the Director in the manner provided in paraqraph (a) of this section for hearings upon revocation. The Board of Adjustment and Appeals shall following such hearing, either direct ~hat the permit be issued or denied. 11-11-35: SLAUGHTERHOUSES PROHIBITED No slaughterhouse or other place for slaughterinq animals shall be kept within the City. 11-11-36: HI DBS It shall be unlawful for any pereon to keep, within the City, any green, unsalted hidea for a period exceedinq twenty-~our hours. 11-11-37: DISPOSITION OF DEAD ANIMALS When any animal shall die within the City, it shall be the duty of the owner or keeper thereof to remove the body of such animal forthwith beyond the limit• of the City. If such body is not forthwith removed, the same shall be deemed a nuisance and such owner or keeper the author of a nuisance. When the body of any dead animal shall be in any street, highway or public qrounda in the City, it shall be the duty of the Chief of Police or other police officer, when knowledge thereof shall come to him, to cause such body to be removed forthwith beyond the limits of the City. Introduced, read ln full and passed on First Readinq on the 21 day of November, 1977.· Published aa a Bill for an Ordinance on the 23 day of November, 1977 • -6- • • ·• • Read by title and passelt on final reading on the day of December, 1977. ....---- Published by ti~le .. "as Ordinance No. on the day of De~er, 1977. / , Series ---of 1977, ATTEST: ex officio city urer I, Willi~ D James, do hereby certify that the above and foregoing '~a true, accurate and complete copy of the Ordinance, pass.-cf on final reading and published by title, as Ordinance No. Series of 1977. · / ex of Clerk-Treasurer -7-