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HomeMy WebLinkAbout1999 Ordinance No. 018• • • ORDINANCE NO. If SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER KELLS WAGGONER AN ORDINANCE AMENDING TITLE 7, CHAPTER IA, SECTION 8-5 , BY MOVING THE LICENSING PROVISIONS OF GUARD OR ATTACK DOG TO A NEW CHAPTER 28 OF TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS, the requirements for licensing provisions for Guard or Attack Dogs are currently located in Title 7 , Chapter IA; and WHEREAS , all other licensing provisions are in Title 5, for clarity and consistency in the Englewood Municipal Code ; and WHEREAS , Title 7, Chapter IA, shall be amended by removing the licensing portion of Guard or Attack Dogs from Title 7 and moving it to Title 5; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby a mends Title 5, of the Englewood Municipal Code I985, by enacting a new Chapter 28 , perta ining to the licensing of Guard or Attack Dog(s ), which shall read as follows : CHAPTER 28 GUARD OR ATTACK DOG SECTION: 5-28-1: DEFINITIONS 5-28-2: LICENSE REQUIRED 5-28-3: APPLICATION FOR LICENSE 5-28-4: SPECIAL CONDITIONS & RESTRICTIONS OF LICENSE 5-28-1: DEFINITIONS: FOR THE PURPOSES OF THIS CHAPTER THE FOLLOWING DEFINITIONS APPLY: GUARD OR ATTACK DOG: -1 - ANY DOG TRAINED TO BECOME AGGRESSIVE OR CHARGE AT A PERSON OR OTHER ANIMAL ON COMMAND , OR ACQUIRED FOR THE PURPOSE OF PATROLLING AND PROTECTING PROPERTY. 10 b ii 5-28-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OWN , HARBOR , OR MAINTAIN A GUARD OR ATTACK DOG ON ANY PREMISES WITHIN THIS MUNICIPALITY PRIOR TO OBTAINING A LICENSE FROM THE LICENSING OFFICER. 5-28-3: APPLICATION FOR LICENSE: A. THE APPLICATION FOR A GUARD OR ATTACK DOG LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5 , CHAPTER 1. B. NO LICENSE SHALL BE ISSUED U NTIL AFTER THE APPLICATION HAS BEEN APPROVED . 5-28-4: SPECIAL CONDITIONS AND RESTRICTIONS OF LICENSE: IN ADDITION TO THE LICENSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A. THIS APPLICATION WILL BE SUBMITTED BEFORE THE DOG IS BROUGHT ONTO SUCH PREMISES. B. UPON RECEIPT BY THE LICENSING OFFICER OF THE "GUARD OR ATTACK DOG" APPLICATION, THERE SHALL BE AN INSPECTION OF THE PREMISES WHERE THE GUARD OR ATTACK DOG IS LOCATED TO DETERMINE THAT THE PREMISES ARE PROPERLY CONSTRUCTED AND MAINTAINED TO CONTAIN THE DOG(S) IN COMPLIANCE WITH THE PROVISIONS OF TITLE 7 AND OTHER APPROPRIATE ACCEPTABLE GUARD OR ATTACK DOG CONTAINMENT REQUIREMENTS ; AND THAT THE PREMISES ARE PROPERLY POSTED AS REQUIRED IN TITLE 7 OF THIS CODE. C. IF THE PREMISES WHERE THE GUARD OR ATTACK DOG IS LOCATED DOES NOT PASS THE LICENSING OFFICER'S INSPECTION, THE APPLICANT WILL BE FORTHWITH NOTIFIED BY THE LICENSING OFFICER OF THIS FACT AND OF THE DEFICIENCIES . A REASONABLE TIME FOR CORRECTIVE ACTION MAY BE GIVEN , AFTER WHICH A TOTAL RE-INSPECTION WILL BE PERFORMED AND RECORDED ON THE APPLICATION . FAILURE OF THE PREMISES TO PASS THE RE-INSPECTION WILL RESULT IN THE DENIAL OF THE GUARD OR ATTACK DOG LICENSE D. BY OBTAINING THIS LICENSE , THE LICENSEE GIVES IMPLIED CONSENT TO PERIODIC INSPECTIONS FOR COMPLIANCE WITH THE GUARD OR ATTACK DOG REQUIREMENTS IN TITLE 7 OF THIS CODE . Section 2. The City Council of the City of Englewood , Colorado hereby amends Title 7 , Chapter lA, Section 8-5 , of the Engle wood Municipal Code 1985, which shall read as follows: -2- • • • ... • • • 7-lA-8-5 : GUARD OR ATTACK DOGS : A. B. C . B-. All persons owning, harboring, or controlling guard or attack dogs AS DEFINED IN TITLE 5 , CHAPTER 28 E.M.C., on premises within this Municipality shall contain such dogs in an enclosed area for the protection of persons or property. That enclosed area will completely confine the dog in a kennel, run, yard or other space which will adequately protect the general public from inadvertent or casual contact with these dogs. When such dogs are taken out of the enclosed area, they will be held on a suitable chain or placed in a suitable container, under the control of a responsible person, to ensure protection of the public . The owner, or other persons in control, of all premises upon which guard dogs are maintained shall post signs on, over, or next to all exterior building doors , gates and other entrances, stating that such dogs are on the premises. If the attack or guard dog(s) on said premises are owned or maintained thereon by any guard or security service , the signs shall also contain the phone number of such service. No attack or guard dogs may be maintained in this Municipality by such service unless the telephone for which such number is posted is manned by responsible personnel twenty four (24) hours daily. Such signs shall be posted in the same manner at each driveway or entrance way to said building and shall be black bordered with the words "BEW ARE --ATTACK-GUARD DOG ON PREMISES" written in red on a white background. Such signs shall be visible from the place of posting to the curb of the street abutting the sign, or a distance of fifty feet (50'), whichever is the lesser. All persons owning or controlling an attack or guard dog on the premises within this Municipality shall FIRST obtain aN ATTACK OR GUARD DOG LICENSE PURSUANT TO TITLE 5 OF THIS CODE. written "Cua-rd/Dog Application" fo-r a guard attack dog permit from the City's Licensing Officer . The permit will expire one yea-r after issuance and may he renewed subject to a nev" inspection hy the i'\:nimal Control Officer. This application 'Nill contain the name and date of birth of the ownns or persons in control of such premises and the guard or security service, if appropriate, the street address thereof, cm·rent phone numbers of the o·uners and/or pnsons in control, and the date and time the dog is brought on said premises. This application ·.vill he obtained not later than ninety six (96) hours from the time the dog is brought on to such premises. The cost of the permit will be that necessary to def-ray the costs which include the 2\nimal Control Officer's inspection and is due and payable upon submission of the application to the City Licensing Officer. After the applicant completes the application and pays the fee , the City's Licensing Officer 'tvill fo1·ward the application to the Englewood Department of Safety Services, Attn: Division Chief Patrol. The application fee will not be returned to the applicant if the premises are not approved by the l.rnimal Control Officer. Upon i·eceipt by the Depa1·tment of Safety Services of the "Guard/Attack Dog(s) l.rpplication", an Animal Control Officer shall inspect the premises where the guard/attack dog is located to determine that the premises are propel'ly constructed and maintained to contain the dog(s) in compliance v;ith the provisions of preceding paragraph A of this Section and other appropriate acceptable guard/attack dog containment requirements; and that the -3- E. ¥. premises are proper! . . Seet10n y posted as requtl'ed in . . . prneedmg paragraph B of this The Animal Control Offi . th eer ... 11 1 e date and time of t . "'l ma~e a return on the . . e name and date of h. .e arum al Control Offi ... . m pmott's address a d :th of the owtter or persott . '" will also .,..,,;;;. f h R P otte ft' fl ;f "' eotttrol attd th o t e guard/attaek do d um er, differeftt &om th l ,at g, an the street address of the doe ~ aee a~d loeation 'Fhe result of th , . gs loeabott . . e ummal Cont. 1 Offi applieation If th A _rneer's inspeet' . wrth the o•dittan:: ';';,"'al Gott!rol Offieer de.erm=:~::i "'. ree.orde d OR the Off>eer , who will tt~tify ::plieabott will be •eturned to t~ P:;."'."".s comply read'.f to be pieked • e applieattt that the guard' tt ek >ty L>eettstt>g Gottlrol Offieer's .,,u~;;; eopy of the .,.igittal appliea:'otta•e' dog pe;mit is L>eettsffig Offiee ·' P al beeomes the permrt Th . . "•th the •"""'al me m the I s records. ..e onglnal is reta · d · If the premises where the . ' ?antral Offieer's inspeetionguardratt~ek dog is located do no . rnttmal Gott!rol Offieer f ' the applieaftt will be forth"' h t pass the futtmal fer eon'eefr·e a t' 0 t!tts feet aad of the d f · ."t net.I"'! by the v e 10n ma:y· h · e iciene1cs A . periorffied attd reeo ·d;e g<".'eft , after wbieh a total:· "reasottable time shortest time po.,;i;-le ', oa the af>plieatiott. A reason::1 mspeebott wiH be de&elettey has;,, o eorreet the deliciettey de . e ttme meatto the pa90 the re ittspe:."gardf fer the safety of the pubJ.'~d,:g OR the effeet the d. >OR o tho • · · a ure of th >0appro .. al of th 'dllmal Gotttrol Olli ·' prem"" to a h .' ." guard/ottaek do o . . ee• will result itt the pp cat10n is disappro"ed h g ppheat10n fer permit urh gtta•d/attaek deg mill 1: eeauoe of notteompliattee f . n Oft the owner or person i~' e t~ ~ermattefttly removed from.;', the premises, the the time of the eoffi ~n,'o Rot Jeter than twelV< (l") e e preHuoes by the . . P e 10n of th . ~ onsecutr · h . onsat.sfeetory eompl' 1' oeeond mspeetion dete. . ~eo'"'s &o"' issue a summons ~anee. n addition, the Animal C rmmmg an an eo 1 · l .t ontrnl Off' Ordinaaee . 'Fhe futtmaJ ;p·a•ftt to the applleant fer vio; f"er may also L>eettoittg Olli Oftltol Offieer mill . t a >Oft of tltts en r·"th ti '" re urn th . beeome a permaft,';:;:,';;,~;:.ults of ltto inspeetio: ::d a::!:t;;: to the City a1ntamed by the c·t . L ' . · is will A 1 Y ieensmg off· 1.rt any time d . .ieer. th . urmg the permit . . ti A . e premises of the er . year, t .e ummal Control 0 requiremeeto. She.J'd .;:'"tee to ensure the premises eoftfffi"•.,may ffispeet reqmrements teen th .' prem"'s oot eonferm mith th 1>rm w>th the th · ·' '"'"mol G w e o"""'al e ammal until the . _antral Offieer has the . ~ . obtaining the pe•ffiit p;~•nseo are brought up to requir::thonty te >mpound mspeetions ottd . ' '. permrttee gfi•eo iffiplied stettdords. By impoundmg of the animal. eonsent to these One cop:y· f th 0 e guard'att 1 d 0£F . r ac~ og . . icer to the Englevrnod F ' permit vnll he sent by the . . pmteetffin to the . . "" Stet.on ond param d . . Grty breensffig . premises s h e ies pro· d. fi item section of th fi .uc permits "'ill he t dVl mglf'e . elf'e t t' " pas e th Dll'eetor of Com . . s a wn bulletin hoard An th one permanent mumt:y D 1 · 1 ~ o er co ·11 eve opment.py wi he sent to -4- .. • • • • ... • • • G. Approval by the li:nimal Control Offieer means that the premises eomply v1ith this Ordinanee. Sueh approval imposes no liability upon that Animal Control Offieer, the City of Engle-.vood, or any of its employees m· agents for any violations ofthis Ordinanee, or any injury to any person or other living thing or damage to any property resulting in any defieieney or imperfeetion in the approved premises. (01·d. 66 , Series 1987; amd . Ord. 63 Series 1990) Section 3. 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. Section 4. Severabilitv. 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. Section 5. 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 . Section 6 . 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. Section 7. Penalty . The Penalty Provision of E .M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of March, 1999 . Published as a Bill for an Ordinance on the 19th day of March, 1999 . Read by title and passed on final reading on the 5th day of April, 1999 . -5- Published by title as Ordinance No. if_, Series of 1999 , on the 9th day of April, 1999 . I , Loucrishia A . Ellis , City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true cop/t. the Ordinance passed on final reading and published by title as Ordinance No. , Series f 199 . -6- . ... . • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance to add a new Chapter 28 (Guard or Attack License) to Title 5 (Business and License March 15, 1999 10 a ii Regulations) of the City Code Initiated By Staff Source Department of Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council met with City staff to discuss the proposed changes to Title 5 at a study session on February 8, 1999. RECOMMENDED ACTION City staff recommends City Council approve this bi li for an ordinance adding a new Chapter 28, Guard or Attack Dog to Title 5 Business and License Regulations of the City Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City staff has reviewed and identified a number of changes to Title 5 that correct , clarify, delete , and add to the current business license requirements . The changes are needed to insure that licensing helps protect the health, safety, and well-being of citizens. The changes are also intended to be clearly written so businesses understand licensing requ irements. In the process of reviewing Title 5, staff realized Guard or Attack Dog licensing regulations had not been centralized in Title 5. This ordinance does mt materially change previous requirements for licensing, but centralizes this license in Title 5 with all the miscellaneous licenses the City issues. City Code related regulations for Guard or Attack Dogs will remain in Title 7 of the Englewood Municipal Code. FINANCIAL IMPACT The fees for this license will be approved by City Council by separate resolution. LIST OF ATTACHMENTS Proposed bill for an ordinance