ORDINANCE NO. 2014-09

 

AN ORDINANCE REVISING CHAPTER 7, ARTICLE VI OF THE KEENESBURG MUNICIPAL CODE TO ALLOW POT-BELLIED PIGS TO BE KEPT WITHIN THE TOWN SUBJECT TO CERTAIN REQUIREMENTS.

 

            BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.        Section 7-6-10(3) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-10.     Definitions.

 

(3)        Pet animals means dogs, cats, guinea pigs pot-bellied pigs, hamsters, mice, turtles, aquarium fish, cage birds and other animals of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter. It shall not include domesticated sheep, horses, cattle, goats, swine or hogs that are not pot-bellied pigs, fowl, wildlife, hogs, ducks, geese, livestock or any or all other animals which are not specifically permitted by this Article.

 

Section 2.        The title of Section 7-6-20 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-20.     Dog Llicense, application, fee and vaccination.

 

Section 3.        Chapter 7, Article VI of the Keenesburg Municipal Code is hereby amended by the addition of a new Section 7-6-25 to read as follows:

 

Sec. 7-6-25.     Pot-bellied pig license, application and fee.

 

(a)        No person shall own, keep or harbor any pot-bellied pig which has attained the age of five (5) months, within the limits of the Town, without having first obtained a license. Application for the license shall be made to the Town Clerk.

 

(b)        The license fee for pot-bellied pigs shall be as set forth in the Town Fee Schedule.

 

(c)        The Town Clerk shall not issue any license to any applicant until such applicant shall produce and display to the Town Clerk a certificate from a licensed doctor of veterinary medicine that confirms the animal is a pot-bellied pig and is in good health so as not to pose a risk of communicable disease.

 

(d)       Licenses issued for pot-bellied pigs within the Town shall expire after one (1) year. The license year shall be from June 1 to May 31. Pot-bellied pig licenses for each year shall be obtained prior to June 1 of that year. Pot-bellied pigs brought into the Town during the year shall have thirty (30) days to obtain a current license.

 

Section 4.        Section 7-6-30(a) and (b) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-30.     Registration and replacement tag fee.

 

(a)        Upon proper application and payment of fees as provided in this Article, the Town Clerk shall issue all licenses required by this Article, shall keep a suitable book for the registration of dogs pet animals required to be licensed, shall register therein all dogs such pet animals whose owners, keepers or harborers have paid the fee herein provided, and shall keep a record of the date of registration, name, sex, breed and color of each dog pet animal so registered.

 

(b)        The Town Clerk shall furnish to the person causing such a dog to be registered a suitable metal tag bearing a number corresponding to that of the license issued for such dog and the year for which the tag was issued. Each dog so licensed shall be provided by its owner, keeper or harborer with a collar of suitable material to which such license tag shall be securely fastened thereto on such dog at all times while the dog is outside the owner’s residence. Any owner who is requested to do so by an authorized Town official shall promptly present the tag to such official as proof of the dog’s proper registration.

 

Section 5.        Section 7-6-40(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-40.     Dogs or pot-bellied pigs running at large.

 

(a)        No owner, keeper, harborer or any other person who has assumed responsibility for a dog or pot-bellied pig shall permit such dog animal to run at large within the Town. The dog Such animal shall be presumed to be running at large when it is neither on the premises of the owner, keeper, harborer or other responsible person, nor on a leash ten (10) feet or less in length, attached to the dog animal and held by or tied to a person. A dog Such animal is also presumed to be at large when it is found at any place within the Town other than upon the premises of its owner, keeper or harborer and if it is found in any public area designated as being off limits for dogs or pot-bellied pigs, if such area has been designated by the Board of Trustees by resolution as being off limits to dogs and appropriate signs have been posted giving notice of the fact that dogs and pot-bellied pigs are not allowed.

 

Section 6.        Section 7-6-60 of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-60.     Impounding and redemption.

 

(a)        Any Town employee authorized by the Board of Trustees may impound any dog or pot-bellied pig found to be running at large within the Town. Any dog such animal so impounded shall not be released by the Town or the agency having control of the dog animal until the appropriate impound fee has been paid either to the agency having control of the dog animal or to the Town. The owner or other person having legal right to possession of the dog or pot-bellied pig impounded pursuant to this Article may redeem the dog such animal any time while the dog animal is still at such impound facility by paying a redemption fee, which redemption fee will be determined by the Town Clerk. The Town Clerk shall, no less frequently than annually, prepare a schedule setting forth the fees and boarding costs which must be paid prior to redemption. Such schedule shall be available from the Town Clerk upon reasonable request.

 

(b)        Any dog or pot-bellied pig which has been impounded and not redeemed shall be disposed of in a humane manner by the Weld County Humane Society or a doctor of veterinary medicine no sooner than seventy-two (72) hours after the dog animal has been impounded unless disease, injury or other unforeseen circumstance requires sooner disposition.

 

(c)        The Animal Control Officer shall cause a summons and complaint to be issued charging a violation of Section 7-6-40 of this Article to each person who redeems a dog or pot-bellied pig if that person or member of his or her immediate family has redeemed the same dog animal from the Town’s impound facility within the preceding six (6) months. Nothing in this Section shall be construed to limit the authority of any police officer or employee of the Town to issue a summons and complaint for any violation of this Article, including first-time violations.

 

(d)       The Animal Control Officer or other Town employee shall make or cause to be made a written record of all impoundments and redemptions of dogs. Any person who has had a second redemption within a six-month period of time may be charged additional redemption fees in accordance with the schedule prepared by the Town Clerk as set forth in Subsection (a) above.

 

Section 7.        Section 7-6-110(a) of the Keenesburg Municipal Code is hereby amended to read as follows (words to be added underlined; words to be deleted stricken):

 

Sec. 7-6-110.   Number of animals limited.

 

(a)        No person shall keep or harbor more than three (3) dogs or three (3) pot-bellied pigs, or combination of dogs and pot-bellied pigs exceeding three (3), over the age of five (5) months within the Town without having first obtained legal authority to operate a veterinary facility or animal shelter.

 

Section 8.        Chapter 7, Article VI of the Keenesburg Municipal Code is hereby amended by the addition of a new Section 7-6-115 to read as follows:

 

Sec. 7-6-115.   Removal of Excreta.

 

The owner of any pet animal kept within the Town shall cause excreta to be removed from any pen, cage or yard in which such animal is kept to prevent contamination, diseases, hazards and odors. The accumulation of excreta upon any premises is a violation of the provisions of this Section, shall be unlawful, and shall be deemed a public nuisance.

 

Section 9.        If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 10.      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 11.      Any person, firm, corporation or other entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person, firm, corporation or entity upon conviction of any violation of this ordinance shall be punished in accordance with Chapter 1, Article IV of the Keenesburg Municipal Code, by a fine of not more than one thousand dollars ($1,000) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each day a violation continues shall be considered a separate offense.

 

Section 12.      The repeal or modification of any provision of the Keenesburg Municipal Code 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 purpose 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.

 

      INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this ____ day of _____________, 2014.

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

 

                                                                                    _________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

 

 

____________________________

Debra L. Chumley, Town Clerk