HomeMy WebLinkAbout2023 Ordinance No. 061BY AUTHORITY
ORDINANCE NO. 61 COUNCIL BILL NO. 32
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE CREATING TITLE 7 CHAPTER 1C SECTION 7-1C-7
OF ENGLEWOOD MUNICIPAL CODE PROHIBITING RETAIL SALE
OF DOGS AND CATS.
WHEREAS, the City of Englewood was requested by several citizens during City Council
public comment and through various means directly to elected officials to consider legislation
banning the sale of dogs and cats at retail, to reduce the demand for puppies and kittens bred in
puppy mills; and
WHEREAS, the Humane Society of the United States has determined that puppy and
kitten mills are inhumane commercial breeding facilities which disregard the animals’ health ˗
both physical and emotional - in order to maximize profits; and
WHEREAS, according to the Humane Society of the United States, these mills produce
animals for sale, oftentimes at retail stores; and
WHEREAS, the City of Englewood currently has no pet stores that sell dogs and cats at
retail; and
WHEREAS, the City Attorney’s Office engaged multiple stakeholders including the
Humane Society of the South Platte Valley, all pet stores within the City, and multiple animal
groomers within the City, and no one objected to the proposed legislation; and
WHEREAS, in order to ensure the humane breeding and maintenance, and to encourage
adoption, the City of Englewood hereby enacts legislation prohibiting the retail sale of dogs and
cats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Creation of Title 7 Chapter 1C Section 7-1C-7 of Englewood Municipal Code
Title 7 Chapter 1C Section 7-1C-7 to Englewood Municipal Code is hereby created to read as
follows (new provisions underlined):
Sec. 7-1C-7. Prohibition on Retail Sale of Dogs and Cats.
A. No pet store as defined by EMC § 16-11-1(F)(3) shall display, sell, deliver, offer for sale,
barter, auction, or otherwise transfer or dispose of dogs or cats.
B. Exceptions. This Section shall not apply to lawfully operated:
1. An animal shelter;
2. A non-profit organization whose mission and practice include rescue and placement
of animals into permanent homes;
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3. Adoption events sponsored by a shelter or organization described in paragraphs 1 and
2 above, even if located at a pet store; or
4. Individuals who lawfully breed and/or rear animals at their primary residence, if the
conditions where the animals are bred and/or reared may be observed.
Section 2. General Provisions
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.
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
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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.
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Introduced and passed on first reading on the 18th day of September, 2023; and on second reading, in
identical form to the first reading, on the 2nd day of October, 2023.
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 an Ordinance, introduced and passed in identical form on first and second
reading on the dates indicated above; and published two days after each passage on the City’s official
website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after
first publication on the City’s official website.
Stephanie Carlile
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