TC Ord. No. 2007-02 Amending Chapter 6.04 of the Muni code of the TOA relating to licensing and vaccinations of dogs and catsTOWN OF AVON, COLORADO
ORDINANCE NO. 07-02
SERIES OF 2007
AN ORDINANCE AMENDING CHAPTER 6.04 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO LICENSING AND VACCINATION OF DOGS AND
CATS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. Section 6.04.030, Chapter 6.04, Title 6 of the Municipal
Code of the Town of Avon is amended to read as follows:
(a) It is unlawful for a cat owner to fail to have currently vaccinated or inoculated against
rabies each cat which he or she maintains, keeps or harbors within the Town for more than thirty
(30) consecutive days.
(b) A license is not required for cats; however, every cat so maintained, kept or harbored
within the Town for more than thirty (30) consecutive days must be currently vaccinated against
rabies, and a certificate as to the date administered and expiration, identifying the type of
vaccine, administering veterinarian and business address, must be presented for inspection upon
the request of any duly authorized person.
Section 2. Amendment. Section 6.04.040, Chapter 6.04, Title 6 of the Municipal
Code of the Town of Avon is amended to read as follows:
No cat owner shall fail to place upon his or her cat a collar or harness to which a cat tag
is attached. Said collar or harness must be worn by the cat at all times, except when the cat is
securely confined within any enclosure on the property of the owner, possessor or keeper of such
an animal.
Section 3. Amendment. Section 6.04.050, Chapter 6.05, Title 6 of the Municipal
Code of the Town of Avon is repealed and reenacted to read as follows:
(a) It shall be unlawful for any owner of a dog harbored, kept or maintained in the Town
of Avon to fail to have the dog currently licensed.
(b) All dogs over the age of three months shall have a valid Eagle County Pet Animal
license after the dog has been kept, maintained, or harbored in the Town of Avon for any
consecutive thirty day period or immediately upon citation for any violation of the Avon
Municipal Code.
(c) A valid dog license tag shall be attached to a collar or harness and shall be worn by
the dog at all times. It shall be a defense to prosecution under this subsection that the owner or
responsible party can produce a certification by a veterinarian that the dog cannot wear a collar
or harness because of a permanent medical condition or that the dog was working in a capacity
that made the wearing of a collar or harness hazardous to the dog.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of February, 2007 and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 27th day of February, 2007, at
5:30 P.M. in the Council Chambers, Avon Municiuilding, 400 Benchmark Road, Avon,
Colorado.
i
ATTEST-'.*
Pattyt enny, n Clerk
W olte, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of February, 2007.
f/
Ronald C. Wolfe, Mayor
ATTEST:,
APPROVED AS TO FORM:
J hn W. Dunn, Town Attorney
Ordinance No. 07-02 Animal Control
Page 2 of 2
}
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Brian Kozak, Chief of Police
Date:
February 2, 2007
Re:
Revision to Animal Control Ordinance
Summary: At the last Council meeting Staff proposed several changes to the animal
control ordinance as a starting point for citizen input and feedback. Based on the citizen
feedback, review of the 313 animal control calls for service in 2006, and recommendations
from Eagle County Animal Services staff is recommending that the leash law remain the same
and that a dog licensing requirement be added to the municipal ordinance. In addition, we
believe that the development of a dog park would be a productive solution to some of the
concerns expressed by citizens.
• Previous Council Action:
Dogs in Common Areas: Currently, municipal code 6.04.060 (i) restricts a "dog or cat from
running at large in the yard of any multiple occupancy building which is occupied by other
persons; or in the common area of mobile home complexes, apartments or condominium
developments; or in open space areas of subdivisions; or in public or Town parks or
fairgrounds, unless permission is posted by the Town or public authorities allowing dogs or
cats at large on said property.
Licensing: Currently, municipal code 6.04.030 requires that all dogs and cats be vaccinated
for rabies annually. However, the code does not require that dogs be licensed by Eagle
County.
Dog Clubs: Currently, the municipal code does not provide exceptions to the leash law for
organized dog training or sporting events. However, the Town's current park permitting
provisions will allow for these events to occur.
Voice Control: Currently, there is no provision for voice control in lieu of leash control. A
leash is required for any dog that is on public property or property of another without
authorization of the property owner.
Dog Park: Several citizens recommended that the Town explore the possibility of having a
is dog park. Public Works will conduct the research and provide a report to Council in the
future.
Background: The Avon Town Council heard citizen input reference to possible •
changes to the leash law on January 23, 2006. There were comments for and against various
sections of the current law. However, there was not any unity or majority toward a certain
direction, except to the licensing recommendation. There was not opposition to the
recommendation to require dog licensing.
Discussion:
Dogs in Common Areas: Citizens conveyed several reasons to support of requiring leashes
in the common areas of multi family units. There may be times when it may be necessary for
management companies to have the backing of the ordinance to assure public safety with
certain dog and dog owners. Therefore, staff supports that there be no change to the
ordinance. The Police Department will use discretion when enforcing this portion of the
ordinance. For example, the location of the common property in proximity to hazardous
situations, number of housing units, or type of complaints received will be considered prior to
enforcement. The Avon Police Department and Eagle County Animal Services will prioritize
enforcement of the leash law and place more of an emphasis with enforcement in the parks, on
the public streets and in open areas near wildlife.
Licensing: Avon is the only community in the Valley that does not require dog licensing. The
American Veterinary Medical Association recommends mandatory dog licensing. The •
primary benefit is the identification of the animal, should it become lost. Licensing also
ensures rabies vaccinations are current. Staff recommends that the ordinance revision,
requiring dog licensing be approved. Once approved, citizens will be given a grace period of
four months to become complaint with the statute.
Dog Clubs: Currently, organizations may request a park permit from the Town for various.
functions, which may include events involving dogs.
Voice Control: The American Veterinary Medical Association reports the following statistics:
• 4.5 million people are bitten each year.
• 334,000 dog bite victims are admitted into hospitals each year.
• Another 466,000 people are seen in other medical settings.
• Hundreds of thousands others are injured as a result of falling in an attempt to avoid a
dog bite.
Half of all dog bite victims and 70% of fatal dog attacks are to children less than 12
years of age.
• More than one billion dollars a year is paid by home owner claims due to dog bites
and an estimated $102 million a year is billed by emergency rooms for dog bites.
• Family members where the dog lives are bitten most often. However, joggers,
bicyclists and golfers are groups with the highest risk of being bitten by stranger dogs.
•
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0 Alternatives: No action would prevent the required licensing of dogs.
• The number one preventive measure to prevent dog bites is to have a leash law that is
enforced.
Based on the above statistics, staff does not recommend allowing voice control of dogs in lieu
of leash control on public property. Avon is known for its outdoor recreational activities, such
as jogging and bicycling. In addition, Avon is known for its abundance of wildlife in town,
partly due to the restrictions placed on domesticated pets. Voice control does not prevent a dog
from straying from its owner when presented with a desirable target. Therefore, in the interest
of public safety and wildlife protection staff recommends that all dogs be restrained by a leash
when on public property.
In addition, Dr. Duck (Director of Eagle County Animal Services) advises that allowances for
voice control is difficult to enforce and creates a substantial hazard to the dog and citizens.
Financial Implications: Public Works will.provide a future report on the
possible fiscal implications with the implementation of a dog park.
Recommendation: Staff recommends that the current municipal ordinance related
to the required use of a dog leash remain unchanged and that the ordinance be amended to
require the licensing of dogs.
Proposed Motion: I move to approve ordinance number 07-02.
Town Manager Comments:
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ORDINANCE NO. 07- 02 •
AN ORDINANCE AMENDING CHAPTER 6.04 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO LICENSING AND VACCINATION OF DOGS AND
CATS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1'. Amendment. Section 6.04.030, Chapter 6.04, Title 6 of the Municipal
Code of the Town of Avon is amended to read as follows:
(a) It is unlawful for a cat owner to fail to have currently vaccinated or inoculated against
rabies each cat which he or she maintains, keeps or harbors within the Town for more than thirty
(30) consecutive days.
(b) A license is not required for cats; however, every cat so maintained, kept or harbored
within the Town for more than thirty (30) consecutive days must be currently vaccinated against
rabies, and a certificate as to the date administered and expiration, identifying the type of
vaccine, administering veterinarian and business address, must be presented for inspection upon
the request of any duly authorized person.
Section 2. Amendment. Section 6.04.040, Chapter 6.04, Title 6 of the Municipal
Code of the Town of Avon is amended to read as follows:
No cat owner shall fail to place upon his or her cat a collar or harness to which a cat tag
is attached. Said collar or harness must be worn by the cat at all times, except when the cat is
securely confined within any enclosure on the property of the owner, possessor or keeper of such
an animal.
Section 3. Amendment. Section 6.04.050, Chapter 6.05, Title 6 of the Municipal
Code of the Town of Avon is repealed and reenacted to read as follows:
(a) It shall be unlawful for any owner of a dog harbored, kept or maintained in the Town
of Avon to fail to have the dog currently licensed.
(b) All dogs over the age of three months shall have a valid Eagle County Pet Animal
license after the dog has been kept, maintained, or harbored in the Town of Avon for any
consecutive thirty day period or immediately upon citation for any violation of the Avon
Municipal Code.
(d) A valid dog license tag shall be attached to a collar or harness and shall be worn by
the dog at all times. It shall be a defense to prosecution under this subsection that the owner or
responsible party can produce a certification by a veterinarian that the dog cannot wear a collar
or harness because of a permanent medical condition or that the dog was working in a capacity
that made the wearing of a collar or harness hazardous to the dog.
A
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of February, 2007 and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 27th day of February, 2007, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKinny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of February, 2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
•