HomeMy WebLinkAbout2022 Ordinance No. 0651
BY AUTHORITY
ORDINANCE NO. 65 COUNCIL BILL NO. 39
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 7-1A-
5, 7-1A-9, AND 7-1A-16 OF ENGLEWOOD MUNICIPAL CODE
REGARDING ANIMAL IMPOUNDMENT.
WHEREAS, Englewood Municipal Code establishes procedures and costs for animal
impoundment and release in Sections § 7-1A-5, 7-1A-9 and 7-1A-16; and
WHEREAS, Englewood Police Department’s Code Enforcement Department requests
revision to ensure statutory consistency and compliance, specifically with CRS § 18-9-202 et seq.
and CRS § 35-80-106.3 et seq., and to consolidate various and inconsistent impound provisions
into a single code section; and
WHEREAS, in a continuing effort to update Municipal Code sections for clarity and
brevity, and to comport with best practices, in addition to amendments to mirror state impound
laws and payment of required impound costs, Municipal Code amendments contained herein
establish expedited procedures whereby animal owners may recover possession to reduce the
amount of shelter cost accruals; and
WHEREAS, the City contracts with Humane Society of the South Platte Valley, Inc. (the
“shelter”) to house impounded animals; and
WHEREAS, the shelter—a non-profit organization—occasionally incurs significant costs
housing animals pending extended disposition of cases in Englewood Municipal Court, and the
Municipal Code revisions herein are intended to ensure the shelter is reimbursed for those costs;
and
WHEREAS, under the City’s contract with the shelter, the City is required to pay an
owner’s shelter costs if they fail to do so; and
WHEREAS, the proposed municipal code provisions provide clarity to ensure shelter
costs are paid by the owner when an animal was impounded upon probable cause, rather than
requiring payment of those costs by taxpayer funds; and
WHEREAS, on the 27th day of October, 2022, the City of Englewood Code Enforcement
Advisory Committee reviewed and approved this proposed Council Bill.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 7, Chapter 1A, Section 7-1A-5 of Englewood Municipal Code is hereby amended to read as
follows (new provisions bold/italics, deleted provisions struck through):
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7-1A-5: Impoundment of Animals; Notice, Disposition.
A. Any domesticated animal found running at large, subjected to cruelty or neglect (EMC §
7 1A-9), that are dangerous (EMC § 7-1A-16), suspected of rabies infection (EMC § 7-
1A-11), caused injury to any person or domestic animal, or animal kept in violation of
this Code may be taken by the City and impounded in a City-designated animal shelter
designated by the City.
B. Except for domesticated animals subjected to cruelty or neglect (EMC 7-1A-9), or that
are dangerous or caused injury to any person or domestic animal (EMC 7-1A-16), or
suspected of rabies infection (EMC 7-1A-11), any impounded domesticated animal may
be claimed by and released to its owner by the shelter upon production of proof of
ownership and rabies vaccination, and payment in full to the shelter of the shelter’s daily
costs associated with the animal’s impoundment, care and provision (collectively
“shelter costs”).payment of fines and fees at the Violations Bureau.
C. Impounded domesticated animals voluntarily surrendered by the owner or not claimed by
the owner within fivesix (56) business days in which the shelter is open to the public or
may be disposed of by the City in any suitable manner. may become available for
adoption or subject to other disposition at the shelter’s discretion.
D. Evidence of current rabies vaccination is required prior to release of impounded dogs or
cats.
E. When a domesticated animal is found running at large and If ownership of an such
animal is known to City personnel, the City may return the animal to its owner in lieu of
impoundmentsuch animal need not be impounded, but such personnel may cite and return
the animal to the owner. If not returned to its owner,
F. Immediately upon impounding a domesticated animal, the City shall make a reasonable
effort to notify the owner of impoundment and how to recover custody.such animal and
inform such owner of the conditions whereby the owner may retain custody of such
animal.
G. Impoundment fees for domesticated animal(s) shall be set by City Council Resolution.
E. If an owner makes a claim of ownership within five days but is not entitled to a release of
the animal under sub-section B, notice of the claim shall be forwarded to Englewood
Municipal Court for an expedited hearing.
1. If the owner fails to appear at the hearing, regardless of filing a claim of ownership,
the animal shall be subject to immediate disposition as provided in sub-section C without
further notice to the defendant or owner.
2. If the owner appears at the hearing, the court shall determine:
a. Whether there was sufficient probable cause for the underlying charge
leading to impoundment; and
b. Whether the animal should be released to the owner’s custody.
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3. If probable cause is found at the hearing:
a. And the court orders the animal may be released to the owner, the owner
shall pay to the shelter within five days all incurred shelter costs before the
animal is released to the owner, or if not paid, the shelter may adopt or take other
disposition action without further notice to the owner or defendant.
b. If impounded for cruelty or neglect, dangerous animal, or rabies, the
Court may order the animal released to the owner only upon a finding that
neither the animal nor the public is endangered by the release; alternatively, the
Court may order the shelter continue to hold the animal pending disposition of
charges, as long as the owner or defendant pre-pays to the Court 30 days’ of
shelter costs at the hearing, and at subsequent 30-day intervals until final
disposition of charges. Failure to pay such shelter costs when due will result in
the shelter adopting out or taking other disposition action without further notice
to the owner or defendant.
4. If probable cause is not found at the hearing, the court may order the animal be
immediately released to the owner or defendant. If not claimed by the owner or
defendant within five days, the shelter may adopt or take other disposition action without
further notice to the owner or defendant.
F. If a licensed veterinarian determines an impounded animal is experiencing extreme
pain or suffering or is severely injured, disabled, or diseased past recovery, the animal may be
euthanized without a court order.
G. Regardless of any other provision herein, the Court shall order the defendant to pay all
shelter costs incurred while the shelter was required to impound an animal under this code,
unless the court finds the impoundment lacked probable cause in a hearing under sub-section E.
H. Upon a finding or plea of guilty or no contest:
1. the ownership rights to an animal shall be permanently severed if impounded for
EMC § 7-1A-9(A);
2. the ownership rights to an animal shall be permanently severed for other sub-
sections of EMC § 7-1A-9, EMC § 7-1A-16, or EMC § 7-1A-11, unless the Court specifically
finds that neither the animal nor the public is endangered by releasing the animal to the
defendant;
3. the Court shall assess the City impoundment fee, fines, and court costs against the
defendant; and
4. the Court further may consider destruction of the animal pursuant to EMC § 7-
1A-17.
Section 2. Amendment of Englewood Municipal Code
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Title 7, Chapter 1A, Section 7-1A-9 of Englewood Municipal Code is hereby amended to read as
follows (new provisions bold/italics, deleted provisions struck through):
7-1A-9: Cruelty to or Neglect of Domesticated Animals.
A. No person shall 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
domesticated animal to endure unreasonable or unjustifiable pain, suffering or injury.
B. No person shall It shall be unlawful for any person to antagonize, intimidate, threaten, abuse
or verbally harass any domesticated animal.
C. Care and Maintenance. No person It shall be unlawful for any person keeping or harboring
any domesticated animal shallto fail or refuse to provide such domesticated animal with
proper food, drink, shade and shelter. Proper food, drink, shade and shelter shall require
that:
1. Each 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.
2. Each 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 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 domesticated animal from injury and
from the elements.
4. The living area for the domesticated animal shall have adequate drainage such that
domesticated animal shall be free to walk, sit, stretch or lie down on a dry surface.
5. If a 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. 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 [the] 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 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
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the 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 shelter 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.
Section 3. Amendment of Englewood Municipal Code
Title 7, Chapter 1, Article A, Section 7-1A-16 of Englewood Municipal Code is hereby amended
to read as follows (new provisions in italics, deleted provisions struck through):
7-1A-16: - “Dangerous” Animals Prohibited.
A. No person shall It shall be unlawful for any person to own or harbor a "Dangerous"
animal, except as provided in Subsection F belowH of this Section.
B. An owner of a 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 domesticated animal shall be responsible for any damage committed by
that domesticated animal 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.
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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. Domesticated
animal(s) 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 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.
FH. 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 EMC § 7-1A-16(F)., Section F, EMC
GI. 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.
HJ. 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.
IK. 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.
Section 4. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application
of this Ordinance:
A. 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, impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
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B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have
been incurred under such provision, and each provision shall be treated and held as still remaining
in force for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The 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 City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right
to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 21st day of November, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th
day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd
day of November, 2022 for thirty (30) days.
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Read by Title and passed on final reading on the 5th day of December, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 65, Series of 2022,
on the 8th day of December, 2022.
Published by title on the City’s official website beginning on the 7th day of December,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
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. 65, Series of 2022.
Stephanie Carlile
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