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HomeMy WebLinkAbout2001 Ordinance No. 066.. • • • ORDINANCE NO.~ SERIES OF 2001 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER YURCHICK/GARRE'IT AN ORDINANCE .-\MENDING TITLE 7 . CHAPTER lA, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANlMALS MAINTAINED AT A HOUSEHOLD OR PREMISES . WHEREAS. the current ordinance limits the numbe r o f animals allow e d to be maintained a t one h ou sehold or premises to two dogs and two cats ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: ~-The City Council of the City of Englewood , Colorado hereby amends Title 7 . Chapter lA. Section 4, of t he Englewood Municipal Code 2000, to read as follows : 7 -lA-4 : Number of a nimals maintained on pre m.ises; license reqairements. No ho\lSehold, place or premises may have more than t wo (2) doge ""and two (2) cats over si,,: (6) months of age w ithout first having procared a City hobby breeder's liceru;e a.11 hereinafter provided. A City hobby breeder·• licen•• shall not be required where the place or premises are currently licensed BB a pet shop or boarding kennel, pursuant to section 12,57-101 et seq. C .R.S , 1973. All households~ n..Qf the effective date of the Ordinance owning three (3) dogs or cats without a hobby breeder·'s license may maintain the three (3) doge or cats currently owned but shall not maintain more than two (Z) dogs er 11.Illi two (2) cats UPQD the death or looe of ownership of one or more of the currently owned three (3) dogs or cats. Sectjon 2 Sefety Cleysea The City CotlDcil hereby finds , determines , and declares that this Ordinance is promulgated ander the general police power of the City of Englewood, that it is promulgsted for the health . safety , and welfare of the public, and that this Ordinance iB neceseary for the preservation of health and safety a nd for the protection of public convenience and welfare. The City Council further determines tnat the Ordinance bea rs a rational relation to the proper legislative object sought to be obtained. Sectjon 3 SeverabHjt.y If any clause, sentence. parag raph. or part of this Ordinance or tb.e application tbereof to a ny p e rson or circamstances s ball for a ny reason be adjudged by a court of competent jurisdiction invalid , s uch judgment s hall n ot a.ff'ect, impair or invalidate the remainder of this O rdinance or it application to other persons or circumstances. 5ection 4 !nconsioU:Ot Qrdinancea AU other Ord.ina.nce s or portion.a thereof inconsistent or conflicting with this Ordinance or any p ortion hereof are nereby repealed to the extent of such incoruustency or conflict . -I - Section 5 Effect of repeal or modifisotion The repeal o·r modification of any provision o! the Code of the City of Englewood by this Ordinance shall not release, extingui.ah, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criininal, whiclt ehall have been inc:urred under auclt provision, and each p rovision shall be treated and held as atill remaining in force for the purposes of sustaining any and all proper actions, s uits, proceeding&, and proeecutiona for the enforcement of the penalty, forfeiture, or liability, as well ao for the purpose of sustaining any judgment, decree. or order which can or may be rendered, entered. or made in such octiona, suits, proceedings, or prosecutiona. Section 6 ~ The P e nalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of August, 2001. Published aa a Bill for an Ordinance on the 10th day of August, 200l. A Public Hearing was held on September 4 , 2001. Second reading was continued to October 15, 2001. Read, amended a nd passed as amended on the 15th day of October, 2001 . Published as an amended Bill for an Ordinance on the 19th day of October, 2001. Read by title and passed on final reading on the 6th day of November, 2001. Pubtiahed by title as Ordinance No. fti.,.. Series of 2001 , on the 9th day of November, 2001. I, Loucrishia A . Elli.e , City Clerk of the City of Englewood, Colorado, hereby certify that the above end foregoillg is a true COPJ.'..?! the Ordinan. assed on final reading and published by title as Ordinance No . 'ff" Series 20 , Y/.IYVl-rP~· 4 ~ -2 - ... • • • • • Agenda Item J Subject: 1 1 a ii I Numt-er of Animals STAFF <O URl'.:E: Boh ~.•1(•,~'e, Pat rol Ope rations Div . Chie COU CIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has proposed to remove the current limitatio n on the number of dogs and car-; pe rm itted in a residence iro m "two dogs o r cats " and raise that limit to lour dogs o · . .;l , Tf,., ,. o posal was presented to the Code Enforcement Advisory Committee (CEAC) at its April r: .. ~-.',,'! "' 1 ri,~ committee met sepa rately "rliscuss it The committee voted ,,nanim ousl y In suppo. ar the ,_ ... rrent limitation of two d ogs w ' J ts, and rejected any proposal to increase that allow~nce to lour d ogs . Their rec omme ndation •A ~need to the City Counci l at St udy Session o n May 7, 2001 . When asked if the p r o posal was u1,..1i,1 mous, the CEAC Chai rperson re plied i t was. Wh II asked if there was any specific justi fit:ation tor th eir decision, the Cha irperson said that be r..-us ~ lot sizes in Englewood were q uite small and houses situ ated close together, a ga th ering o f dogs would invariably cause more n oise and excrement (o dor), thus d isturbing th e neighborhood and causing a loss of enjoyment of the neighborhood by adjoining neighbors. RECOMMENDED ACTION Staff desires thar the proposal be discussed al Council meeting. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDE TIFIED See Cou ncil Goal and Previous Cot:ncil Action. In addition lo discussing the number of animals permitted, this amendment deletes a "gra ndfather• clause that permits three dogs be maintai ned "presenll y " at an y property in Englewood. This w as wri tten i nto the code in I 960 w it h the understanding it would grandfather all households w ith three dogs at that time, and thus, the r e should be no hous eh o lds with more than two dogs '.!1 y ears later. But leaving the word "presently" ir ·,e code has permitted three dogs to the present time . Re mova l o r m odification of this grandfather clause , ould lim it all househ olds to two dogs at some date in the fu t ure. FINA N CIAL IMPACT 'o ne LIST OF ATTACHMENTS Pr o posed Bill fo r an O rd inance • Se ctio n 7•1A-4 . E.,,1.C.