CITY OF THORNTON CITY MANAGER’S OFFICE COUNCIL UPDATE ... · HB16-1005 Residential Precipitation Collection Thornton Position: CML Position: Monitor Sponsors: ESGAR / MERRIFIELD

CITY OF THORNTON CITY MANAGER’S OFFICE

COUNCIL UPDATE March 15, 2016

5:45 p.m. Training Room

I. DISCUSSION ITEMS

A. State Legislative Update

B. Thornton Assistance Funds Kick-off

C. 2016 Council Advance Follow-up

II. COUNCIL MEETING AGENDA ITEMS

A. Adams County Animal Shelter Intergovernmental Agreement

III. COUNCIL INFORMATION SHARING

A. NATA Meeting Update by Mayor Pro Tem Montoya

B. School District 27-J Capital Facility Fee Foundation Meeting Update by Councilmember Kulmann

A

City of Thornton – 2016 Bills of Interest Updated – March 10, 2016

Sine Die May 11

HB16-1005 Residential Precipitation Collection Thornton Position:

CML Position: Monitor

Sponsors: ESGAR / MERRIFIELD Summary: The bill allows the collection of precipitation from a residential rooftop. Status: 01/13/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources;

02/22/2016 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole; 02/24/2016 House Second Reading Laid Over to 02/29/2016 - No Amendments; 02/29/2016 House Second Reading Passed with Amendments - Committee, Floor

HB16-1006 Clarify Tax Exemptions For Housing Authorities Thornton Position:

CML Position: Support

Sponsors: BECKER K. Summary: The bill clarifies that the exemption from government charges for property owned by or leased to a

housing authority, an entity that is wholly owned by an authority, an entity in which an authority has an ownership interest, or an entity in which an entity wholly owned by an authority has an ownership interest applies to all taxes levied and all fees imposed by the state or any county, city and county, municipality, or other political subdivision of the state.

Status: 01/13/2016 Introduced In House - Assigned to Finance; 02/17/2016 House Committee on Finance Refer Amended to Appropriations

HB16-1030 Off-highway Vehicles Regulation & Local Government Thornton Position:


Sponsors: BROWN / DONOVAN Summary: The bill clarifies that local authorities may require drivers of off-highway vehicles to have driver's

licenses and insurance. The local authority must act by resolution or ordinance, publish a map of all roads available for use by off-highway vehicles, and place appropriate signs giving notice of the regulation. If the City decides to allow off-highway vehicles, this may cause an unfunded mandate as the City is responsible for the costs of the requirement of map publishing and required signs.

Status: 01/13/2016 Introduced In House - Assigned to Local Government + Finance; 01/27/2016 House Committee on Local Government Refer Amended to Finance; 02/03/2016 House Committee on Finance Refer Amended to House Committee of the Whole; 02/08/2016 House Second Reading Passed with Amendments – Committee; 02/09/2016 House Third Reading Passed - No Amendments; 02/16/2016 Introduced In Senate - Assigned to Local Government + Finance; 03/08/2016 Senate Committee on Local Government Refer Unamended to Finance

HB16-1031 Modify Transportation Commission Membership Thornton Position:


http://statebillinfo.com/SBI/index.cfm?fuseaction=Bills.View&billnum=HB16-1005





Sine Die May 11 Sponsors: CARVER Summary: The bill requires the transportation legislation review committee (TLRC) to study the districts during

the 2016 legislative interim to determine whether the number and boundaries of the districts should be modified and, if so, what specific modifications should be made.

Status: 01/13/2016 Introduced In House - Assigned to Transportation & Energy; 02/11/2016 House Committee on Transportation & Energy Refer Amended to Appropriations

HB16-1034 Emergency Medical Responder Registration Program Thornton Position:


Sponsors: SIAS / GARCIA Summary: The bill changes the name of first responders to emergency medical responders and creates a

registration program for the emergency medical responders in the department of public health and environment (department). The bill requires the department to administer the registration program beginning July 1, 2017, and authorizes the department to promulgate rules to administer the program.

Status: 01/13/2016 Introduced In House - Assigned to Health, Insurance, & Environment; 01/28/2016 House Committee on Health, Insurance, & Environment Refer Amended to Appropriations

HB16-1070 Signature Verification In Mun Mail Ballot Election Thornton Position:


Sponsors: NEVILLE P. / NEVILLE T. Summary: For a mail ballot election conducted after March 30, 2018, under the "Colorado Municipal Election

Code of 1965", the bill: Requires election judges to compare a municipal elector's signature on a mail ballot return envelope self-affirmation with one of the elector's digitized signatures stored in the statewide voter registration system.

Status: 01/13/2016 Introduced In House - Assigned to State, Veterans, & Military Affairs; 02/10/2016 House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations; 03/04/2016 House Committee on Appropriations Refer Amended to House Committee of the Whole; 03/07/2016 House Second Reading Passed with Amendments – Committee; 03/08/2016 House Third Reading Passed - No Amendments; 03/09/2016 Introduced In Senate - Assigned to State, Veterans, & Military Affairs

HB16-1073 Electrical Industry Safety And Training Act Thornton Position:


Sponsors: DURAN / GUZMAN Summary: This bill requires that each inspection performed by an incorporated town or city, a county, a city and

county, or a qualified state institution of higher education include a contemporaneous review to ensure compliance with electrician licensure and inspection requirements. Each incorporated town or city, county, city and county, or qualified state institution of higher education conducting inspections is required to develop standard procedures to advise its inspectors how to conduct a contemporaneous





Sine Die May 11

review and to post its current procedures on its web site. Status: 01/13/2016 Introduced In House - Assigned to Business Affairs and Labor; 01/26/2016 House

Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole; 02/03/2016 House Second Reading Passed with Amendments - Committee, Floor; 02/04/2016 House Third Reading Passed - No Amendments; 02/05/2016 Introduced In Senate - Assigned to Business, Labor, & Technology

HB16-1078 Local Gov Employee Whistleblower Protection Thornton Position:

CML Position: Oppose

Sponsors: KAGAN Summary: The bill prohibits a county, municipality, or local education provider from imposing any disciplinary

action against an employee on account of the employee's statements to any person about the local government that the employee reasonably believes to show: A violation of a state or federal law, a local ordinance or resolution, or a local education provider policy; A waste or misuse of public funds; Fraud; An abuse of authority; Mismanagement; or A danger to the health or safety of students, employees, or the public.

Status: 01/13/2016 Introduced In House - Assigned to Local Government; 02/03/2016 House Committee on Local Government Refer Amended to Appropriations

HB16-1109 Application Of State Water Law To Federal Agencies Thornton Position:


Sponsors: BECKER J. / SONNENBERG Summary: Section 1 of the bill states basic tenets of Colorado water law concerning water as a transferable

property right. Section 2 specifies that the United States forest service (USFS) or the federal bureau of land management (bureau) shall establish federal water rights in accordance with the federal reserved water rights doctrine or Colorado water law.

Status: 01/20/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources; 03/07/2016 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole

HB16-1151 Alcohol Beverage Expand Penalty Mitigation Thornton Position:


Sponsors: PABON / HOLBERT Summary: The bill requires state and local liquor licensing authorities to consider it a mitigating factor for certain

violations of the state alcohol beverage laws, including sales to minors, sales to visibly intoxicated patrons, and other violations approved by rule of the state licensing authority, if a licensee meets the requirements of a "responsible vendor" as defined by law.

Status: 01/25/2016 Introduced In House - Assigned to Business Affairs and Labor; 02/11/2016 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole;





Sine Die May 11

02/16/2016 House Second Reading Passed - No Amendments; 02/17/2016 House Third Reading Laid Over Daily - No Amendments; 02/18/2016 House Third Reading Passed - No Amendments; 02/19/2016 Introduced In Senate - Assigned to Business, Labor, & Technology; 03/07/2016 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole; 03/10/2016 Senate Second Reading Passed with Amendments - Floor

HB16-1155 Controlled-access Highway As County Primary Road Thornton Position:


Sponsors: SAINE / SONNENBERG Summary: The bill authorizes a county to designate a 4-lane controlled-access highway that is located in both

unincorporated and incorporated areas of the county as a primary road of the county highway system, and specifies the respective jurisdiction, control, and duties of the county and of a municipality through which the highway passes with respect to such a highway.

Status: 01/26/2016 Introduced In House - Assigned to Local Government; 03/09/2016 House Committee on Local Government Refer Amended to House Committee of the Whole

HB16-1228 Ag Protection Water Right Transfer Mechanism Thornton Position:


Sponsors: ARNDT / DONOVAN Summary: The bill authorizes an owner of an agricultural water right to seek a change-in-use decree in water court

to allow the transfer of up to 50% of the water subject to the water right to any beneficial use for renewable one-year periods, without designating the specific beneficial use, if the owner has obtained substitute water supply plan approval certain conditions are met.

Status: 02/04/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources HB16-1231 Restricting The Use Of Red Light Cameras Thornton Position:


Sponsors: LEBSOCK / CARROLL Summary: This bill prohibits the use of automated vehicle identification systems designed to detect disobedience

to a traffic signal on collector roads and local streets. The bill allows the use of the systems: Within a school zone; Within a highway or road construction or repair zone; and On arterial roads. The bill requires that fines assessed through the use of red light cameras be used for traffic safety improvements, traffic enforcement, or related purposes.

Status: 02/05/2016 Introduced In House - Assigned to Transportation & Energy; 02/24/2016 House Committee on Transportation & Energy Refer Unamended to House Committee of the Whole; 02/29/2016 House Second Reading Passed with Amendments – Floor; 03/01/2016 House Third Reading Passed - No Amendments; 03/04/2016 Introduced In Senate - Assigned to Transportation

HB16-1256 South Platte Water Storage Study Thornton Position:






Sine Die May 11 CML Position: Monitor

Sponsors: BROWN / SONNENBERG Summary: The bill requires the Colorado water conservation board (board), in collaboration with the state

engineer, to conduct or commission a hydrology study of the South Platte river basin to determine, for each of the previous 20 years, the amount of water that has been delivered to Nebraska from the river in excess of the amount required under the South Platte river compact.

Status: 02/08/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources + Appropriations; 03/07/2016 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to Appropriations

HB16-1262 Law Enforcement Background Check Employment Waiver Thornton Position:


Sponsors: WILLIAMS / COOKE Summary: Each law enforcement agency in the state that interviews a candidate for a peace officer position who

has worked at another law enforcement agency or in private security shall require the candidate to execute a waiver. The waiver will allow the candidate's previous law enforcement agency or private security company employers to disclose all files pertaining to the applicant, including internal affairs files, to the interviewing agency and releases the interviewing agency and each law enforcement agency or private security company that employed the candidate from any liability related to the use and disclosure of the files. The interviewing agency must submit the waiver to each law enforcement agency or private security company at least 10 days before making a hiring decision. A state or local law enforcement agency or private security company that receives a waiver shall provide the disclosure to the Colorado law enforcement agency that is interviewing the candidate not more than 7 days after such receipt. The bill requires a P.O.S.T. certification applicant who has worked at another law enforcement agency to execute the same waiver as described above. Under current law, the P.O.S.T. board must deny certification to a person who was convicted of any felony and certain misdemeanors. The bill gives the P.O.S.T. board the authority to deny certification to a person who entered into a deferred judgment, deferred prosecution, diversion agreement, or deferred adjudication for any of those crimes or had a juvenile adjudication for any of those crimes.

Status: 02/12/2016 Introduced In House - Assigned to Judiciary HB16-1263 Racial Profiling Prohibition Thornton Position:


Sponsors: WILLIAMS / ULIBARRI Summary: Under current law, there is a prohibition against profiling by a peace officer. The bill adds to the

prohibition by updating the definition of profiling and describing additional prohibited activities related to profiling.

Status: 02/12/2016 Introduced In House - Assigned to Judiciary HB16-1264 Ban Law Enforcement Use Of Chokehold Thornton Position:





Sine Die May 11 CML Position: Monitor

Sponsors: MELTON Summary: The bill prohibits a peace officer from intentionally using a chokehold against another person. The bill

makes a violation a class 1 misdemeanor. The bill makes an exception if the officer believes his or her life is in danger or that he or she or another person is in imminent danger of death or serious bodily injury.

Status: 02/12/2016 Introduced In House - Assigned to Judiciary HB16-1265 Expunge Arrest Records Based On Mistaken Identity Thornton Position:


Sponsors: MELTON Summary: The bill requires a law enforcement agency to file a petition to expunge the arrest record of a person

who is arrested as a result of mistaken identity and with no charges filed with the district court in the judicial district where the person was arrested. The law enforcement agency shall file the petition within 90 days after determining that the person was arrested based on mistaken identity. The court shall enter an order of expungement within 90 days after receiving the petition. The bill prohibits employers, educational institutions, state and local government agencies, officials, and employees from, in any application or interview or in any other way, requiring an applicant to disclose information contained in expunged records.

Status: 02/12/2016 Introduced In House - Assigned to Judiciary HB16-1283 Water Loss Audit Report Performance Standards Thornton Position:


Sponsors: BECKER K. Summary: The bill requires that, on or before June 30, 2018, and on or before June 30 of each year thereafter,

each covered entity must submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board must adopt by January 1, 2018. A "covered entity" is a public entity that supplies at least 2,000 acre-feet of water per year to its customers. The board may make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities. No earlier than January 1, 2020, and no later than July 1, 2021, the board must adopt guidelines establishing a score that a covered entity's validated audit report should attain. Beginning September 1, 2020, the board and the Colorado water resources and power development authority may consider whether a covered entity has submitted a required audit report in deciding whether to release financial assistance to the covered entity (section 1).

Status: 02/19/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources HB16-1298 Vehicle Height, Length, And Weight Thornton Position:






Sine Die May 11 Sponsors: MELTON / COOKE Summary: The bill changes the legal height of unladen and laden vehicles to 14 feet and 6 inches, restricts the use

of certain vehicle combinations, and increases the maximum legal gross weight of vehicles that use alternative fuel.

Status: 02/26/2016 Introduced In House - Assigned to Transportation & Energy HB16-1309 Right To Counsel In Municipal Court Thornton Position:


Sponsors: LONTINE / MARBLE Summary: At the time of first appearance on a municipal charge, if the defendant is in custody and the charged

offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement, the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel. If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.

Status: 03/02/2016 Introduced In House - Assigned to Judiciary HB16-1310 Operators Liable For Oil And Gas Operations Thornton Position:


Sponsors: SALAZAR / CARROLL Summary: Under current law governing relations between surface owners and oil and gas operators, to prevail on

a claim the surface owner must present evidence that the operator's use of the surface materially interfered with the surface owner's use of the surface of the land. The bill amends this to allow proof that the operator's oil and gas operations harmed the surface owner's use of the surface of the land, caused bodily injury to the surface owner or any person residing on the property of the surface owner, or damaged the surface owner's property. The bill also holds oil and gas operators strictly liable for their conduct if oil and gas operations, including a hydraulic fracturing treatment or reinjection operation, cause an earthquake that damages property or injures an individual. A plaintiff establishes a prima facie case of causation by showing that: An earthquake has occurred; the earthquake damaged the plaintiff's property or injured the plaintiff; and the oil and gas operations occurred within an area that has been determined to have experienced induced seismicity by a study of induced seismicity that has been independently peer-reviewed. Plaintiffs have 5 years after discovery of the damages or injury to file an action.

Status: 03/02/2016 Introduced In House - Assigned to Health, Insurance, & Environment HB16-1313 Auth Local Gov Master Plan Include Water Plan Goal Thornton Position:


Sponsors: ARNDT





Sine Die May 11 Summary: The bill authorizes local government master plans to include goals specified in the state water plan and

to include policies that condition development approvals on implementation of those goals. Status: 03/02/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources HB16-1314 Treat Preexisting Groundwater Depletions Replaced Thornton Position:


Sponsors: SAINE / MARBLE Summary: Due to rising groundwater levels since 2006, the bill specifies that the state engineer and water judges

must treat all out-of-priority groundwater depletions from agricultural wells occurring in water districts 1 through 6 and 64 in water division 1 that accrued between March 15, 1974, and December 31, 2014, as having been fully replaced.

Status: 03/02/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources HB16-1337 Appellate Process For Decisions About Groundwater Thornton Position:


Sponsors: VIGIL Summary: Under current law, the decisions or actions of the ground water commission (commission) or the state

engineer regarding groundwater are appealed to a district court and the evidence that the district court may consider is not limited to the evidence presented to the commission or state engineer. Therefore, unlike appeals from other state agencies' decisions or actions under the "State Administrative Procedure Act", a party appealing a decision or action of the commission or state engineer may present new evidence on appeal that was never considered by the commission or state engineer. The bill limits the evidence that a district court may consider when reviewing a decision or action of the commission or the state engineer on appeal to the evidence presented to the commission or the state engineer.

Status: 03/03/2016 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources SB16-008 Municipal State Highway Off-highway Vehicles Thornton Position:


Sponsors: CROWDER Summary: Currently, a person may cross a state highway with an off-highway vehicle except within the

jurisdiction of a municipality. The bill grants municipalities the authority to allow off-highway vehicles to cross a state highway.

Status: 01/13/2016 Introduced In Senate - Assigned to Local Government; 02/02/2016 Senate Committee on Local Government Refer Amended to Senate Committee of the Whole; 02/05/2016 Senate Second Reading Passed with Amendments – Committee; 02/08/2016 Senate Third Reading Passed - No Amendments; 02/10/2016 Introduced In House - Assigned to Transportation & Energy; 02/25/2016 House Committee on Transportation & Energy Refer Unamended to House Committee of the Whole; 02/29/2016 House Second Reading Passed - No Amendments; 03/01/2016 House Third Reading Passed - No Amendments



http://statebillinfo.com/SBI/index.cfm?fuseaction=Bills.View&billnum=SB16-008


Sine Die May 11 SB16-067 Broadband Personal Property Tax Exemption Thornton Position:


Sponsors: SCHEFFEL / WILLIAMS Summary: The bill creates a property tax exemption for any locally assessed personal property that: A broadband

provider acquires on or after January 1, 2016; and Is directly used by the broadband provider or any other person to provide broadband service. The bill creates the same exemption for a public utility that is assessed statewide by excluding personal property from the factors that the property tax administrator uses to value the public utility.

Status: 01/19/2016 Introduced In Senate - Assigned to Finance + Appropriations SB16-069 Community Paramedicine Regulation Thornton Position:


Sponsors: GARCIA / PABON Summary: The bill defines the terms "community paramedic" and "community paramedicine". It authorizes the

executive director of the Colorado department of public health and environment (department) to adopt rules for the endorsement of emergency medical service providers as community paramedics. It authorizes a licensed ambulance service, fire department, or fire protection district to establish a community outreach and health education program in its community. It authorizes the department to issue licenses to community paramedicine agencies and authorizes the state board of health to promulgate rules concerning the minimum standards for operating a community paramedicine agency.

Status: 01/19/2016 Introduced In Senate - Assigned to Health & Human Services; 01/28/2016 Senate Committee on Health & Human Services Refer Amended to Finance; 02/04/2016 Senate Committee on Finance Refer Unamended to Appropriations

SB16-097 Use Mineral Severance Revenue For Local Govts Thornton Position:

CML Position: Oppose unless amended

Sponsors: SCOTT / CORAM Summary: The bill prohibits transfers to the general fund from the following funds (mineral severance fund):

Higher education federal mineral lease revenues fund; Higher education maintenance and reserve fund; Local government permanent fund; Local government mineral impact fund; or Local government severance tax fund.

Status: 01/29/2016 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy SB16-100 County Road & Bridge Tax Reduction Requirement Thornton Position:


Sponsors: JAHN / PABON






Sine Die May 11 Summary: The bill prohibits a county from reducing the rate of the property tax unless it notifies all municipalities

located within the county of its intent to do so, and either: A majority of the municipalities consent to the reduction; or The county annually makes an additional payment to each municipality that compensates the municipality fully for the reduction in the amount of tax revenues that it receives due to the rate reduction.

Status: 01/29/2016 Introduced In Senate - Assigned to Transportation; 02/16/2016 Senate Committee on Transportation Witness Testimony and/or Committee Discussion Only

SB16-123 Free Access To High Occupancy Vehicle Lanes Thornton Position:


Sponsors: LUNDBERG / SINGER Summary: The bill prohibits the department of transportation or the high-performance transportation enterprise

from requiring a vehicle owner to use a switchable transponder or other device in order to travel in a high occupancy vehicle on either a high occupancy vehicle lane or a high occupancy toll lane on a toll-free basis.

Status: 02/01/2016 Introduced In Senate - Assigned to Transportation; 02/18/2016 Senate Committee on Transportation Refer Amended to Senate Committee of the Whole; 02/23/2016 Senate Second Reading Laid Over to 02/25/2016 - No Amendments; 02/25/2016 Senate Second Reading Laid Over with Amendments to 03/01/2016 - Committee, Floor; 03/01/2016 Senate Second Reading Laid Over to 03/07/2016 - No Amendments; 03/07/2016 Senate Second Reading Laid Over Daily - No Amendments; 03/08/2016 Senate Second Reading Laid Over to 03/11/2016 - No Amendments

SB16-130 Methods To Collect Consumer Use Tax Thornton Position:


Sponsors: SCOTT Summary: The bill specifies that after the 2015 income tax year the department of revenue is not allowed to add

use tax reporting lines to the individual income tax return form for any reason. The bill also prohibits the department of revenue from auditing any taxpayer for any amount he or she reported on the use tax lines included in the 2015 individual income tax return form.

Status: 02/18/2016 Introduced In Senate - Assigned to Finance



City of Thornton – 2016 Bills of Interest Bills Postponed Indefinitely

Updated – March 10, 2016 Sine Die May 11

HB16-1067 Regional Transportation Authority Mill Levy Thornton Position: CML Position: Monitor Sponsors: MITSCH BUSH / DONOVAN Status: 03/08/2016 Senate Committee on Transportation Postpone Indefinitely HB16-1111 Same Day Voter Registration With Photo ID Thornton Position: CML Position: Monitor Sponsors: CORAM Status: 03/02/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely HB16-1132 Residential Storage Condo Unit As Real Property Thornton Position: CML Position: Oppose Sponsors: VAN WINKLE / GRANTHAM Status: 02/03/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely HB16-1138 General Fund Transfers For State Infrastructure Thornton Position: CML Position: Monitor Sponsors: BROWN Status: 02/24/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely HB16-1181 Local Government Fracking Ban Liable Royalties Thornton Position: CML Position: Oppose Sponsors: BUCK Status: 02/24/2016 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely HB16-1191 Bill Of Rights For Persons Who Are Homeless Thornton Position: CML Position: Oppose Sponsors: SALAZAR Status: 02/24/2016 House Committee on Local Government Postpone Indefinitely







HB16-1205 Motorcycle Lane-splitting Thornton Position: CML Position: Monitor Sponsors: KLINGENSCHMITT / COOKE Status: 02/17/2016 House Committee on Transportation & Energy Postpone Indefinitely SB16-011 Terminate Use Of FASTER Fee Revenue For Transit Thornton Position: CML Position: Oppose Sponsors: NEVILLE T. / NEVILLE P. Status: 02/17/2016 House Committee on Transportation & Energy Postpone Indefinitely

SB16-037 Public Access Digitally Stored Data Under CORA Thornton Position: CML Position: Oppose Sponsors: KEFALAS / PABON Status: 02/24/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely SB16-057 Mobile Home Owners Leasing Space Mobile Home Parks Thornton Position: CML Position: Monitor Sponsors: KEFALAS / GINAL Status: 02/10/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely SB16-114 Employee-earned Paid Sick Leave Thornton Position: CML Position: Oppose Sponsors: CARROLL / DANIELSON Status: 02/22/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely SB16-128 Amend Augmentation & Substitute Water Supply Plans Thornton Position: CML Position: Monitor Sponsors: HODGE / ARNDT Status: 03/03/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely SB16-129 Neutral Oversight Of Oil And Gas Activities Thornton Position: CML Position: Monitor Sponsors: JONES / ARNDT








Status: 03/02/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely

City of Thornton – 2016 Bills of Interest Bills Sent to/Signed by the Governor

Updated – March 10, 2016 Sine Die May 11 HB16-1008 Roadway Shoulder Access For Buses Thornton Position: CML Position: Monitor Sponsors: WINTER / COOKE Status: 03/01/2016 Sent to the Governor

03/09/2016 Governor Signed


B

UPDATE COMMUNICATION PAGE 2

This year 36 nonprofit organizations applied for Thornton Assistance Funds. The total amount of funds requested from all the agencies is $193,700. Attachment A is the list of agencies that applied for funding. On January 19, Council appointed the members of the 2016 Thornton Assistance Funds Committee:

• Steven Cervantes • Michael Gallegos • Susan Kroh • Megan Strosnider • Barbara Wilson • Sandra Wolfe

HISTORY:

• October 21, 2008 - City Council approved the use of the Colorado Common Grant Application and Report for the applicants.

• January 27, 1992 – Council approved Resolution C.D. No. 92-005 to redefine the citizen committee’s role to annually review financial assistance requests from charitable or service organizations and make recommendations for funding to City Council. It reduced the composition of the committee from nine members to seven Thornton residents: one member designated by the two council members representing each Ward, one member designated by the Mayor, one member with financial analysis experience and one member with human services experience.

• Resolution C.D. No. 86-274 established an interim financial assistance committee to review the requests for financial assistance from organizations.

• Resolution C.D. No. 82-006 established a program to assist nonprofit organizations that help

Thornton residents meet their basic needs.

By Category Amount Requested Alphabetical

Food

Heal

th /

Med

ical

Hous

ing

Hum

an S

ervi

ces

Food A Precious Child XAdams County Emergency Food Bank* $10,000 ACCESS Housing XFood Bank of the Rockies $6,000 Adams County Emergency Food Bank* XFood For Hope $3,500 Almost Home XGood Shepherd Food Bank $3,000 Arapahoe House XKeep Thornton Beautiful $900 Arising Hope XNeighbor Outreach of Colorado $4,000 Audio Information Network of Colorado XProject Angel Heart $4,500 Big Brothers Big Sisters of Colorado XShare Our Strength - Cooking Matters CO $30,000 Catholic Charities XThornton Community Food Bank $5,000 Center for People With Disabilities X

Health / Medical Children's Outreach Project XArapahoe House $5,000 Clinica Campesina Family Health Services XClinica Campesina Family Health Services $4,000 Colorado Coalition for the Homeless XColorado Health Network - Howard Dental $5,000 Colorado Health Network XCommunity Reach Center $3,500 Community of Faith XKids First Health Care $5,000 Community Reach Center XListen Foundation $3,000 Court Appointed Special Advocates XRocky Mountain Youth Clinics $5,000 Food Bank of the Rockies XSecond Wind Fund $7,000 Food for Hope X

Housing Good Shepherd Food Bank XACCESS Housing $5,000 Growing Home XAlmost Home $5,000 Joyful Journeys Community Enrichment XArising Hope $6,000 Keep Thornton Beautiful XCatholic Charities $5,000 Kids First Health Care XShiloh House $3,000 Listen Foundation X

Human Services Neighbor Outreach of Colorado XA Precious Child $5,000 Project Angel Heart XAudio Information Network of Colorado $1,100 Ralston House XBig Brothers Big Sisters of Colorado $3,500 Rocky Mountain Cancer Assistance XCenter for People With Disabilites $5,000 Rocky Mountain Multiple Sclerosis XChildren's Outreach Project $5,000 Rocky Mountain Youth Clinics XColorado Coalition for the Homeless $5,000 Second Wind Fund XCommunity of Faith $9,700 Share Our Strength - Cooking Matters CO XCourt Appointed Special Advocates $7,000 Shiloh House XGrowing Home $3,000 The Senior Hub XJoyful Journeys Community Enrichment $2,500 Thornton Community Food Bank XRalston House $4,000Rocky Mountain Cancer Assistance $3,000 Total Count by Category 9 8 5 14Rocky Mountain Multiple Sclerosis $3,500The Senior Hub $8,000 * Indicates new agencies

TOTAL $193,700 2016 Information36 nonprofits applied for funds in 2016 (1 is new)$193,700 worth of requests were received

Category Total Requests $76,538 is availableFood $66,900 Health / Medical $37,500 2015 InformationHousing $24,000 39 nonprofits applied / total requests = $165,150Human Services $65,300 $73,950 was available and awarded Total Amount of Requests $193,700 Agencies served 13,113 Thornton residents with TAF funds

Attachment A: 2016 Thornton Assistance Funds Applicants

C

1

Council Advance February 2016 Follow-up

1. Information Requests

a. Develop a calendar of operational tours that Councilmembers could attend b. What information is available on the process, permits and approvals required to hold a

neighborhood block party? Does the City provide any assistance or tools in support of neighborhood block parties?

c. How many potholes were reported through Thornton Connected? d. What is the timeline for the 2016-2017 Work Plan coming back to Council? e. Traffic progression along Washington Street f. What are the City Code provisions regarding chickens and goats? g. How many SRO tickets were written that went to municipal court?

2. Change to Meeting Procedures

a. With regard to staff presentations to Council at Updates/Planning Sessions, staff is to assume that Council has already read the packet so the desire is for staff presentations to focus on the highlights, any questions that come up during the presentation or have been forwarded previously, or provide additional information that may not have been available when the packet went out.

b. With regard to amended packets, the preference is to have an errata sheet sent out to Council listing the specific changes or corrections and not to have the entire corrected packet resent. The entire corrected packet will be made available to the public pursuant to normal practice.

c. Council agrees to “call the question” to determine if a majority of Councilmembers support additional staff research or follow-up.

3. Update City Council Policy 4.2 a. Update/clarify the process to amend the Work Plan:

i. Proposed amendments to the Work Plan can take place anywhere except the formal Council meeting

ii. Council will indicate if there is majority support for staff to conduct additional research on the proposed amendment which would include what staff is proposing to reach the desired target as expressed by Council; how success will be measured; and the trade-offs with respect to the proposed approach

iii. Council would like to know the approximate time it will take to conduct the research on the issue and get back to them

iv. Council may refine/revise the approach as well as the target used by staff to provide a response

v. Council will clearly indicate if there is majority support for the Work Plan amendment

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b. Clarify the process for Councilmembers to meet directly with staff or request additional information/research that is not readily available

i. Councilmembers have the same access to staff as the general public, but need to recognize Councilmembers are recognized by staff and there is heightened sensitivity to their comments, questions, etc.

ii. City Council may not direct staff, alter their schedules, or request additional information/research that is not readily available without going through the City Manager

iii. Recognize Council’s interest in seeing the activities of the city “hands-on”; looking to schedule more opportunities for that

c. Add an “Issues Forum” section, including a two-step process of introducing ideas so that the first step is letting Councilmembers know what you want to talk about. The second step is having the conversation/discussion so that Councilmembers have an opportunity to think about the issue/concept and may contact the introducing Councilmember for further information prior to the second step.

4. Goals

a. Add new Advocacy Goal i. Initially to include pre-school program, school overcrowding, middle school

sports program with School District 12, look at Commerce City model with respect to approach to school advocacy

ii. Staff to review current Work Plan to see if other items should be moved to this goal

iii. Council to take the lead on these items b. Change title of Green Thornton goal to Innovation and Conservation

i. Projects need to be clearly tied to cost savings ii. Renewed focus on identifying new technologies and other innovations

5. Work Plan – Items Council approved to be brought forward in the new Work Plan prior to the

Advance: a. Analysis of the security/safety issues at City facilities and options/costs/etc. b. Marijuana c. Oil and gas regulations implementation; oil and gas transportation and traffic permit

and fee implementation; oil and gas emergency preparedness d. Xcel Energy substation – next phase

6. Items identified at Advance by Council and staff to be brought forward in the new Work Plan:

a. Council would like the Work Plan items to be prioritized b. Inclusionary housing – what it is, issues, steps, what it would mean c. Alternative ways to communicate information with the public d. Identify the options and tools available for revitalization in the south.

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e. Identify the options and cost of repairing private, commercial sidewalks and parking lots.

f. Want to ensure that the bus routes east and west that will feed into the North Metro Line once it opens will be provided.

g. Complete the Police Master Plan to identify what resources (staffing and facilities) the Police Department needs to reduce crime.

h. Rename the Senior Citizen Advisory Board (SCAB). i. Small business grants and support:

i. Increase grant limit for each business ii. Simplify the Business Improvement Grant (BIG) application process and form to

one page iii. Consider having Council approve the grant awards instead of the Businesses of

Thornton Advisory Commission (BTAC) or utilize the model used for the Thornton Assistance Funds

iv. Would like to see the grants go to small, local businesses and not larger corporations

j. Analytical capacity to support Councilmembers with research

7. 2017 Advance Recommendations a. City Council liked The Stanley Hotel and would like to return in 2017; however, the food

did not meet their expectations. b. Consider inviting a speaker that focuses on nonverbal communication. c. Plan a council-to-council dinner with the City of Estes Park on Friday. Topics to be

covered include state legislation and three issues in each community. d. Include 30 minutes of organized exercise time Saturday afternoon. e. City Council liked working with Jonathan Bartsch as the facilitator. f. City Council enjoyed the social time and thought it was a useful part of the trip.

8. Other Comments – No Specific Direction

a. A community parade for the south area; a community parade to honor veterans b. Some type of report or update at formal Council meetings regarding departmental

information that may be of interest/informational for the public (what we are doing)

A


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were billed at $134,139 for 1,205 animals that were impounded. After the completion of their systems review, in the fall of 2015, the ACASAC has returned with a new fee structure (Exhibit B). In 2016, Thornton will be charged $150 per animal impound. The five year average for animal impounds for Thornton is 1,264 animals. The overall number fluctuates depending on the number of animal control officers available during the year. Summary of Proposed Changes to the IGA: 1. Sections II (H).

The ACASAC is increasing their hours of availability to citizens by one hour per day and are now open on Sundays. ACASAC shall maintain a telephone answering service to receive inquiries on impounded animals from 9:00 a.m. to 6:00 p.m. on weekdays, and from 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays. ACASAC will be closed on County-designated holidays.

2. Section II (M)

Changes how the Animal Shelter staff will assist Thornton Animal Control Officers on impounds. They will provide more assistance. ACASAC personnel will regularly assist in completing the routine impoundment functions including: getting impound numbers from the computer; vaccinating animals: placing identification collars on animals; taking pictures of animals; placing animals in pens; and completing associated impoundment documentation (i.e. scanning animals and entering the scanned number on the impound cards, entering the animal’s age, weight, and rabies tag number on the impound cards, etc.).

3. Section IV. Payments, Fees, and addition expenses (A)

Changes payment and fee structure per Exhibit B. Changes the time period that Thornton will receive notification from the ACASAC about increases in fees. Changes wording by deleting fees for litters born to pregnant animals while at the Shelter. Commencing April 1, 2016, for all animals found in Thornton and brought to the ACASAC by either City officials or private citizens, Thornton shall pay the County according to the current fee structure for that calendar year. A copy of the current fee structure for 2016 is attached hereto and incorporated herein as Exhibit B. The fee structure for each following year that this agreement is renewed will be provided to Thornton by no later than September 1. The current fee structure for each calendar year shall be fully incorporated into this IGA and shall supersede and replace the current Exhibit B. Thornton shall pay the County all fees not collectable from the owner of the animal and for any animal released as “stray” that was found in Thornton. Such payment shall be made in full to the County within thirty (30) days of the receipt by Thornton of the monthly report provided by ACASAC.

4. Section IV (D)

Change: Added a new subsection on animals that are deemed too dangerous or that the Animal Shelter is unable to handle. This subsection makes it the responsibility of Thornton to locate a facility and pay any charges for the care and control of this animal. In discussions with the ACASAC, this has


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never occurred to date; they advised this would be a very rare circumstance. The ACASAC could not provide any resources for this circumstance. Emergency veterinarian care typically costs approximately $40 per day for boarding. Medical treatment for animals at a contracted facility within Thornton are contracted at a maximum of $200 per incident. If the Shelter is unable to care for the animal due to aggressiveness that they can’t handle, a location has not been identified that can provide this service. In the rare event that an animal is delivered from Thornton as a court hold, police hold or protective custody case, and said animal is deemed by staff to be too dangerous or in need for specialized care, ACASAC shall notify Thornton that the animal must be transferred to a separate entity. In such cases where Thornton is to be financially responsible for the care of said transferred animal, Thornton shall provide ACASAC with a list of preferred entities that are state-licensed animal care providers. Thornton will be responsible for all costs associated with the transfer and care of the transferred animal to any preferred entities identified by Thornton.

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ADAMS COUNTY, COLORADO INTERGOVERNMENTAL AGREEMENT

ANIMAL SHELTER/ADOPTION CENTER SERVICES THIS INTERGOVERNMENTAL AGREEMENT FOR ANIMAL SHELTER/ ADOPTION CENTER SERVICES (IGA) is made this _______ day of ______________, 2016 by and between the Adams County Board of County Commissioners, located at 4430 S. Adams County Parkway, Suite C5000A, Brighton, CO 80601, hereinafter referred to as the “County,” and the City of Thornton, located at 9500 Civic Center Drive, Thornton, CO 80229, hereinafter referred to as “Thornton.” This IGA is for animal control, shelter and adoption services to be provided by the Adams County Animal Shelter/Adoption Center (ACASAC), located at 10705 Fulton St., Brighton, CO 80601. In consideration of the mutual promises and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County and Thornton agree to be legally bound as follows:

SECTION I. DEFINITIONS A. Adoption fee: Means the amount charged to a person adopting an animal for

the costs of administrative services associated with the adoption. B. Animal: Means a dog, cat, or other small domestic creature. C. Boarding fee: Means the daily amount charged for the care of an animal

while at ACASAC. D. Care: Means regularly providing food and water to animals in the ACASAC. E. Impoundment fee: Means the amount, in addition to the boarding fee,

charged for costs associated with impounding an animal at ACASAC. F. Service fees: Means other fees charged for services provided by ACASAC,

not otherwise specified herein, such as fees for euthanizing animals, disposing of dead animals, etc.

G. Shelter: Means providing an enclosed cage or pen that is regularly cleaned and

maintained for an animal.

SECTION II. RESPONSIBILITIES OF THE COUNTY

A. ACASAC, along with Thornton’s Animal Control Officer(s), shall enforce Chapter 6 of the Thornton Municipal Code, as it pertains to animal control, a copy of which is attached hereto and incorporated herein as Exhibit A. It is however understood, that the ACASAC will provide such services only as they pertain to dogs, cats or other small domestic creatures. ACASAC will not accept into its shelter fowl or other food producing

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animals without the express permission of the Animal Shelter Executive Director, which shall be given at his/her sole discretion. If fowl or other food producing animals are accepted by the Animal Shelter Executive Director, the fees charged will be the same as the normal fee for other small domestic creatures. The fees charged by ACASAC for adoption, boarding, impoundment, and other services are as specified in Exhibit B which is attached hereto and incorporated herein by this reference. B. ACASAC shall provide for the shelter, care, adoption, euthanasia, and/or disposal of animals impounded because of violations of Chapter 6 of the Thornton Municipal Code. C. Any stray animal impounded for more than five (5) business days that is not reclaimed by its owner may be made available for adoption, transferred for rescue, or may be humanely euthanized, at the sole discretion of the ACASAC Executive Director. However, feral cats may be humanely euthanized after having been impounded for three (3) calendar days, as the circumstances at ACASAC may require based on the sole discretion of its Executive Director. D. Unless ownership of a released animal is specifically acknowledged by the releasing individual, any animals brought to the ACASAC will be considered to be a stray by ACASAC. These animals will be held for five (5) days and will be processed and charged as a stray. E. ACASAC shall have the right to immediately and humanely euthanize any animal impounded at its facility if such animal is diagnosed by a licensed veterinarian as being terminally ill, injured, or diseased. F. ACASAC shall quarantine animals for rabies observation, and shall report all suspected rabid animals to the Tri-County Health Department. G. Any dog or cat impounded at ACASAC, with the exception of aggressive animals, shall be inoculated with appropriate vaccines as indicated by protocol established by the shelter veterinarian. H. ACASAC shall maintain a telephone answering service to receive inquiries on impounded animals from 9:00 a.m. to 6:00 p.m. on weekdays, and from 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays. ACASAC will be closed on County-designated holidays. I. ACASAC shall maintain records on all impounded animals, including a record of each animal’s disposal, and shall allow Thornton access to such records as reasonably requested. In addition, ACASAC shall submit to Thornton by the tenth (10th) calendar day of each month a summary report of animals received and the disposition thereof. J. Fees charged to Thornton residents for services provided hereunder shall not exceed the fees charged to other residents of Adams County for the same or similar services. K. The County will employ qualified personnel as necessary to perform the services

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to be provided hereunder. L. No animal impounded at ACASAC shall be sold or given away to any person, organization, company, or other entity for the purposes of medical research or experimentation. M. ACASAC personnel will regularly assist in completing the routine impoundment functions including: getting impound numbers from the computer; vaccinating animals: placing identification collars on animals; taking pictures of animals; placing animals in pens; and completing associated impoundment documentation (i.e. scanning animals and entering the scanned number on the impound cards, entering the animal’s age, weight, and rabies tag number on the impound cards, etc.).

SECTION III. RESPONSIBILITIES OF THORNTON

A. Thornton hereby expressly authorizes ACASAC to enforce Chapter 6 of the Thornton Municipal Code, as it pertains to animal licensing and control. It is, however, understood that the County will provide such services only as they pertain to dogs, cats, or other small domestic animals, and fowl.

B. Thornton agrees to notify the ACASAC, at least 48 hours prior to the effective

date thereof, of any changes or amendments to Chapter 6 of the Thornton Municipal Code. C. Thornton’s animal control officers shall cooperate with and provide assistance

to ACASAC concerning routine impoundment functions including: getting impound numbers from the computer; vaccinating animals; placing identification collars on animals; taking pictures of animals; placing animals in pens; and completing associated impoundment documentation (i.e. scanning animals and entering the scanned number on the impound cards, entering the animal’s age, weight, and rabies tag number on the impound cards, etc.).

D. As ACASAC does not always have a veterinarian onsite or available, all sick and

injured animals that Thornton animal control officers pick up must be taken to a veterinarian before impounding it into the shelter. A veterinarian report must be attached to the impound card. Sick animals are defined as animals that may be highly contagious to the rest of the animals and are showing signs such as diarrhea, bloody stools, lethargy, etc. Injured animals are defined as animals with signs of injuries including any limping as there may be a fracture, draining/infected skin wounds, appearance of mange (hair loss, especially around the head, and crusting skin), deep gashes that may need sutures, any animal that has been hit by a car, and any animal that otherwise appears to be in pain by vocalizing, whining or tensing. It is acceptable for Thornton Animal Control Officers to contact the shelter prior to taking a sick or injured animal to an outside veterinarian or clinic. If the shelter veterinarian is available to consult with the animal control officer, he/she may approve for the animal control officer to bring the sick or injured animal directly to the shelter.

SECTION IV. PAYMENTS, FEES, AND ADDITIONAL EXPENSES

A. Commencing April 1, 2016, for all animals found in Thornton and brought to the

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ACASAC by either City officials or private citizens, Thornton shall pay the County according to the current fee structure for that calendar year. A copy of the current fee structure for 2016 is attached hereto and incorporated herein as Exhibit B. The fee structure for each following year that this agreement is renewed will be provided to Thornton by no later than September 1. The current fee structure for each calendar year shall be fully incorporated into this IGA and shall supersede and replace the current Exhibit B. Thornton shall pay the County all fees not collectable from the owner of the animal and for any animal released as “stray” that was found in Thornton. Such payment shall be made in full to the County within thirty (30) days of the receipt by Thornton of the monthly report provided by ACASAC.

B. In addition, Thornton shall reimburse the County for boarding and other service

fees associated with holding animals in excess of five (5) business days due to protective custody holds, police holds, or any other reason requested by ACASAC, in accordance with the current fee structure outlined in Exhibit B. Such additional fees will be paid on a monthly basis.

C. The County shall retain all impoundment, boarding, adoption, service and/or other

fees collected in association with this IGA. The County shall also retain all gifts or contributions received in association with any services provided in association with this IGA.

D. In the rare event that an animal is delivered from Thornton as a court hold, police

hold or protective custody case, and said animal is deemed by staff to be too dangerous or in need for specialized care, ACASAC shall notify Thornton that the animal must be transferred to a separate entity. In such cases where Thornton is to be financially responsible for the care of said transferred animal, Thornton shall provide ACASAC with a list of preferred entities that are state-licensed animal care providers. Thornton will be responsible for all costs associated with the transfer and care of the transferred animal to any preferred entities identified by Thornton.

SECTION V. TERM The initial term of this IGA shall be for a period of 9 (nine) months commencing on April 1, 2016, and terminating on December 31, 2016, and will automatically renew for successive one-year terms beginning January 1, 2017 according to the terms and conditions herein subject to the termination provisions set forth in Section XI of this IGA.

SECTION VI. FUND AVAILABILITY Thornton has appropriated sufficient funds for this IGA for the current fiscal year. Payment pursuant to the IGA, is subject to and contingent upon the continuing avail ability of Thornton funds for the purposes hereof. In the event funds become unavailable, Thornton may terminate this IGA in accordance with Section XI of this IGA.

SECTION VII. INDEPENDENT CONTRACTOR

In providing services under this IGA, the County acts as an independent contractor. As such, the County shall be solely and entirely responsible for its acts, and the acts of its employees, agents, servants, and contractors during the term and performance of this IGA. No

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employee, agent, servant, or contractor of the County shall be deemed to be an employee, agent, or servant of Thornton because of the performance of any services or work under this IGA. The County, at its expense, shall procure and maintain workers’ compensation insurance and unemployment compensation insurance as required under Colorado law. Pursuant to the Workers’ Compensation Act, § 8-40-202(2)(b)(IV), C.R.S, as amended, the County understands that it and its employees and servants are not entitled to workers’ compensation benefits from Thornton. The County further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this IGA.

SECTION VIII. NONDISCRIMINATION The County shall not discriminate against any employee or qualified applicant for employment because of age, race, color, religion, marital status, disability, sex, or national origin. The County agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause.

SECTION IX. INDEMNIFICATION To the extent permitted by law, each Party agrees to indemnify and hold harmless the other, its officers, agents, and employees for, from, and against any and all claims, suits, expenses, damages, or other liabilities, including reasonable attorney fees and court costs, arising out of damage or injury to persons, entities, or property caused or sustained by any person(s) as a result of the its own performance or failure to perform pursuant to the terms of this IGA. Nothing herein shall be deemed by either party as a waiver of the rights, protections, defenses and limitations afforded both in accordance with the Colorado Governmental Immunity Act C.R.S. § 24-1 0-101, et seq., as same may be amended from time to time.

SECTION X. INSURANCE The County is a “public entity” within the meaning of the Colorado Governmental Immunity Act (“Act”), §24-10-101, et seq., C.R.S., as amended, and shall at all times during the term of this IGA maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act

SECTION XI. TERMINATION A. For Cause If, through any cause, the County fails to fulfill its obligations under this IGA in a timely and proper manner, or if it violates any of the covenants, conditions, or stipulations of this IGA, Thornton shall thereupon have the right to immediately terminate this IGA, upon giving written notice to the County of such termination and specifying the effective date thereof. B. For Convenience

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Either party may terminate the IGA at any time by giving written notice as specified herein to the other party, which notice shall be given at least sixty (60) days prior to the effective date of the termination. If the IGA is terminated by Thornton, the County will be paid in full for any services provided hereunder prior and up to the date of termination.

SECTION XII. MUTUAL UNDERSTANDINGS A. Jurisdiction and Venue The laws of the State of Colorado shall govern as to the interpretation, validity, and

effect of this IGA. The parties agree that jurisdiction and venue for any disputes arising under this IGA shall be with the 17th Judicial District, Colorado.

B. Compliance with Laws During the performance of this IGA, the parties agree to strictly adhere to all

applicable federal, state, and local laws, rules and regulations, including all licensing and permit requirements. The Parties hereto acknowledge that they are familiar with § 18-8-301, et seq., C.R.S. (Bribery and Corrupt Influences), as amended, and § 18-8-401, et seq., C.R.S. (Abuse of Public Office), as amended, and that no violations of such provisions are present.

C. Record Retention The parties shall maintain records and documentation of the services provided under

this IGA, including fiscal records, and shall retain the records for a period of three (3) years from the date this IGA is terminated. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by authorized federal, state, County, or Thornton personnel.

D. Assignability Neither this IGA, nor any rights hereunder, in whole or in part, shall be assignable or

otherwise transferable by either party without the prior written consent of the other party. E. Waiver Waiver of strict performance or the breach of any provision of this IGA shall not be

deemed a waiver, nor shall it prejudice the waiving party’s right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible.

F. Force Majeure Neither party shall be liable for any delay or failure to perform its obligations

hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental

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restrictions, riots, fires, floods, earthquakes, or other acts of God. G. Notice Any notices given under this IGA are deemed to have been received and to be

effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a facsimile or electronic mail transmission was received. For the purposes of this agreement, any and all notices shall be addressed to the contacts listed below:

For the County: Adams County A n i m a l S h e l t e r 10705 Fulton Street, Brighton, CO 80601 Attn.: Stephanie Wilde Phone No.: (303) 288-3294 Facsimile No.: (303) 853-4290 E-Mail: [email protected] and Adams County Attorney’s Office 4430 S. Adams County Parkway, Suite C5000B, Brighton, CO 80601 Attn: Jennifer Stanley and Heidi Miller Phone No.: (720) 523-61 16 Facsimile No.: (720) 523-6114 [email protected] [email protected] For Thornton: Randy Nelson, Police Chief City of Thornton, 9500 Civic Center Dr., Thornton, CO 80229 Phone No.: (720) 977-5043 Facsimile: (720) 977-5003 E-mail: [email protected]

H. Integration of Understanding This IGA contains the entire understanding of the parties hereto and neither it, nor the

rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties.

I. Paragraph Headings

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Paragraph headings are inserted for the convenience of reference only. J. Counterparts This IGA may be executed in multiple counterparts, each of which shall be deemed to

be an original and all of which taken together shall constitute one and the same agreement. K. Parties Interested Herein Nothing expressed or implied in this IGA is intended or shall be construed to confer

upon or to give to, any person other than the parties, any right, remedy, or claim under or by reason of this IGA or any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this IGA, by and on behalf of the County and Thornton, shall be for the sole and exclusive benefit of the County and Thornton.

L. Severability If any provision of this IGA is determined to be unenforceable or invalid for any

reason, the remainder of this agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein.

M. Authorization

Each party represents and warrants that it has the power and ability to enter into this IGA, to grant the rights granted herein, and to perform the duties and obligations herein described.

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IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed. BOARD OF COUNTY COMMISSIONERS ADAMS COUNTY, COLORADO _______________________________ _____________________________ Chairman Date ATTEST: STAN MARTIN CLERK AND RECORDER Approved as to form: _______________________________ ______________________________ Deputy Clerk Adams County Attorney’s Office CITY COUNCIL CITY OF THORNTON, COLORADO ___________________________________ ______________________________ City Manager, Jack Ethredge Date ATTEST: NANCY VINCENT CITY CLERK Approved as to form: ___________________________________ ______________________________ Thornton City Attorney

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Thornton City Code

Chapter 6 - ANIMALS[1]

Footnotes:

--- (1) ---

Cross reference— Health and sanitation, Ch. 30; circuses and carnivals, § 42-271 et seq.

State Law reference— Home rule powers, Col. Const. Art. XX, § 6; authority to regulate animals, C.R.S. § 31-15-401(1)(f), (1)(i), (1)(m).

ARTICLE I. - IN GENERAL

Sec. 6-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any living creature, domestic or wild.

Animal control officer means any person designated by the police department or the city manager as an "animal control officer," code enforcement officer or police officer with the duties of investigation, control and enforcement of this Code and state laws pertaining to animals.

Bodily injury means physical pain, illness or any impairment of physical or mental condition.

Butcher means to prepare animal carcasses for sale or consumption.

Domesticated animals means animals which have been by breeding or otherwise tamed or reoriented to domestic life, including but not limited to dogs, cats, horses, mules, donkeys, cattle, sheep, swine, goats, chickens, domesticated Vietnamese potbellied pigs, and other domestic fowl and livestock.

Effective and immediate control means such direct, physical restraint achieved by leash, cord or chain sufficient to prevent attack or uninvited contact by the animal upon a person other than the owner, to prevent entry upon public property if the animal is not on a leash controlled by a human or to prevent entry upon private property of another without the consent of the person in possession of such private property.

Good cause shall mean to act out of necessity or take action against an animal to defend a person or property from imminent harm or damage.

Humane officer means any person designated by the Humane Society as a law enforcement officer or any person so designated by the police department or any person so designated by the city manager and who qualifies to perform such duties under state laws.

Kennel means any person engaged in the business of breeding, buying, selling or boarding dogs and/or cats or engaged in the training of dogs for guard or sentry purposes.

Livestock means horses, mules, cattle, burros, swine, sheep, goats, poultry and rabbits.

Mutilate shall mean to detach or destroy an animal's limb or other essential part or to otherwise cripple or maim an animal.

Owner means any person owning, possessing, keeping, leasing or harboring any animal within the city.

Person means any individual, firm, company, partnership, corporation, limited liability company, organization or other entity, and includes the term "owner" as defined in this section.

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Pet shop means any person engaged in the business of breeding, buying, selling or boarding animals of any species.

Premises means real property, buildings and other improvements.

Running at large means an animal that is not restricted to its owner's premises or not under the effective and immediate control of a person or such animal's owner.

Severe bodily injury means bodily injury which involves a substantial risk of death, a substantial risk of serious permanent disfigurement or a substantial risk of protracted loss or impairment of the function of any part or organ of the body.

Slaughter means to kill any live animal for consumption; for purposes of this definition, live animal does not include fish and crustaceans.

To own means to own, possess, keep, harbor or lease.

Unprovoked attack means the infliction of bodily injury on one or more persons or animals by an animal, which injury is not necessary to:

(1) Protect a person from an unlawful assault.

(2) Protect the property of a person against theft, criminal mischief or criminal trespass.

(3) Protect the animal from an unjustified and unprovoked attack which could cause serious bodily injury to it.

Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the boarding of animals or for the diagnosis and treatment of diseases and injuries of animals.

(Code 1975, § 26-10; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 1957, 2-26-90; Ord. No. 2179, § 2, 7-27-92; Ord. No. 2228, § 2, 1-25-93; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 3, 11-14-94; Ord. No. 2666, § 1, 6-18-01; Ord. No. 2686, § 1, 10-22-01; Ord. No. 3021, § 1, 12-18-07)

Cross reference— Definitions generally, § 1-2.

Sec. 6-2. - Vaccination required.

(a) Except as provided in subsection (b) of this section, every owner of a dog or cat over six months of age shall have such dog or cat vaccinated against rabies within seven days after the dog or cat is brought into the city, within seven days after the acquisition of the dog or cat or within seven days after the dog or cat reaches the age of six months, whichever occurs later, by a veterinarian properly licensed by the state. All owners of domesticated Vietnamese potbellied pigs shall have such pigs tested for pseudorabies and brucellosis prior to being brought into the city and shall maintain proof of such tests being performed by a veterinarian properly licensed by the state. In addition, every such pig brought into the city must be neutered or spayed before the pig reaches six months of age.

(b) In the case of a dog or cat that was vaccinated in another state and was subsequently brought into the city from such other state, the requirement of subsection (a) of this section shall be met during the time for which such vaccination is effective, for a time period not to exceed the period of time recommended in the Compendium of Animal Rabies Control, as promulgated by the National Association of State Public Health Veterinarians, after having been vaccinated against rabies by a veterinarian properly licensed by the state from which the dog or cat was brought, and if the owner has a rabies tag for such vaccination and a certificate of such vaccination which show substantially the information required by subsection (c) of this section and which show that no further rabies vaccination is required.

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(c) Upon vaccination as required by subsection (a) of this section, the veterinarian shall provide the owner with a rabies tag showing the month, year and a series number of the tag and with a certificate of vaccination on a form showing the following information:

(1) The name, address and telephone number of the owner of the vaccinated dog or cat.

(2) The date of the vaccination.

(3) The type of vaccination used.

(4) The date by which the next vaccination is required, which date shall not exceed the period of time recommended in the Compendium of Animal Rabies Control, as promulgated by the National Association of State Public Health Veterinarians, from the date of the previous vaccination, regardless of the type of vaccination used.

(5) The month, year and series number of the rabies tag.

(6) The breed, approximate age, color and sex of the vaccinated dog or cat.

(d) Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine as provided in Section 1-8(a).

(Code 1975, § 26-11; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2179, § 2, 7-27-92; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2486, § 1, 12-15-97; Ord. No. 2558, § 1, 8-9-99; Ord. No. 3234, § 1, 4-9-13)

State Law reference— Rabies control, C.R.S. § 25-4-601 et seq.

Sec. 6-3. - Purpose.

The purpose of this chapter is to establish the regulations and expectations of both owners and domestic pets in order to maintain the health and well-being of animals, prevent damage to people or property, and protect the public health, safety, and welfare.

(Ord. No. 2950, § 1, 7-11-06)

Sec. 6-4. - Commercial license required.

(a) No kennel, veterinary hospital, pet shop, livery, riding stable, abattoir, stockyard, hatchery, livestock auction or other place where livestock or poultry are regularly bred, kept, offered for sale or slaughtered for commercial purposes or educational facility or laboratory regularly using animals shall engage in business in the city without obtaining a commercial license. Commercial licenses shall expire on December 31 of the year first issued and shall be renewed annually thereafter.

(b) Application for the license referred to in subsection (a) of this section shall be made on forms provided by the city clerk for that purpose. The applicant shall furnish the following information on the application:

(1) The name, business address and telephone number of the applicant.

(2) The address of the premises for which the application for a license is being made and the approximate number and types of animals which will be kept on the premises.

(3) Copy of a lease or proof of ownership of the premises for which the application for a license is being made.

(4) Such other information as the city clerk reasonably deems necessary.

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(c) A license shall be issued by the city clerk after completion of the application provided for in subsection (b) of this section, proof of the applicant's ability to comply with the requirements of this article and with other applicable laws, including requirements for the humane care of animals, and payment of the applicable license fee pursuant to Section 6-7(a). The license fee will be prorated the first year of issuance.

(d) It shall be a condition of the issuance of any license pursuant to this section that humane officers and inspectors of the city or the state shall be permitted to inspect all animals and the premises where animals are kept at any time.

(e) No license issued pursuant to this section shall be transferable.

(Code 1975, § 26-13; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2558, § 2, 8-9-99)

Sec. 6-5. - Reserved.

Editor's note— Ord. No. 2486, § 3, adopted Dec. 15, 1997, repealed former § 6-5 of the Code, which pertained to change of ownership and derived from the 1975 Code, § 26-14; Ord. No. 1542, adopted March 17, 1986; and Ord. No. 1707, adopted Sept. 28, 1987.

Sec. 6-6. - Attachment of tag.

(a) The owner of a dog or cat shall attach the rabies tag provided for in Section 6-2(c) to the collar or harness of the dog or cat. Such tags shall remain attached to the collar or harness at all times, and the collar or harness shall be worn by the dog or cat at all times.

(b) No person shall attach a rabies tag to the collar or harness of any dog or cat except to the dog or cat for which the rabies tag was issued.

(c) Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine as provided in Section 1-8(a).

(Code 1975, § 26-15; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2179, § 2, 7-27-92; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2486, § 4, 12-15-97; Ord. No. 3234, § 2, 4-9-13)

Sec. 6-7. - Fees.

(a) License fees. The annual fee for the following licenses issued pursuant to this article shall be determined from time to time by resolution of the city council:

(1) Each kennel or pet shop, covering all animals kept during the year.

(2) Each livery or riding stable, covering all horses kept during the year.

(3) Each abattoir, stockyard, hatchery, livestock auction or other place where livestock or poultry are regularly bred, kept, offered for sale or slaughtered for commercial purposes, covering all animals kept during the year.

(4) Each veterinary hospital or educational facility or laboratory regularly using animals, covering all animals kept during the year.

(b) Other fees. Other fees pursuant to this article shall be as follows:

(1) Impound fee. For each stray animal returned to the owner, including any quarantined animal, the fee shall be as determined from time to time by resolution of the city council.

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(2) Board fee. For each day that an animal, including any quarantined animal, is boarded in the shelter, the fee shall be as determined from time to time by resolution of the city council.

(3) Disposal fee. For all animals within the city, shall be as determined from time to time by resolution of the city council.

(4) Adoption fee. The adoption fee shall be established by the contracted animal shelter facility.

(c) Prorating or refunding. No fee imposed pursuant to this article shall be prorated or refunded.

(Code 1975, § 26-16; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2179, § 2, 7-27-92; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 5, 11-14-94; Ord. No. 2486, § 5, 12-15-97; Ord. No. 2981, § 1, 2-27-07; Ord. No. 3121, § 1, 2-9-10)

Sec. 6-8. - Dogs running at large.

(a) Unlawful acts; defense. It shall be unlawful for any owner of a dog to fail to prevent such dog from running at large within the city. It shall be an affirmative defense to this section that the dog was contained entirely upon private property with the consent of the person in lawful possession of such property.

(b) Violations; penalties. Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine as provided in Section 1-8(a).

(Code 1975, § 26-17; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 1957, 2-26-90; Ord. No. 2353, § 5, 11-14-94; Ord. No. 2486, § 6, 12-15-97; Ord. No. 3234, § 3, 4-9-13)

State Law reference— Authority to regulate and prohibit the running at large of animals, C.R.S. § 31-15-401(1)(m)(1).

Sec. 6-9. - Cats running at large.

(a) It shall be unlawful for any owner of a cat to permit such cat to enter upon the private property or premises of another without the prior consent of the owner or person in possession or charge of such private property. For purposes of this section, the term "private property" shall include all real property, including common areas of condominiums, townhouses or other developments; however, the term shall exclude public ways, parks and other publicly owned property and facilities.

(b) Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine as provided in Section 1-8(a).

(Code 1975, § 26-17.1; Ord. No. 1840, 2-13-89; Ord. No. 2353, § 7, 11-14-94; Ord. No. 3234, § 4, 4-9-13)


Sec. 6-10. - Vietnamese potbellied pigs at large.

(a) It shall be unlawful for any owner of a domesticated Vietnamese potbellied pig to permit such pig to be left unattended by the owner or the owner's designee in the outdoor premises of the owner or to permit such pig unrestrained to enter upon the private property or premises of another without the

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prior consent of the owner or person in possession or in charge of such private property or upon any publicly owned property and facilities.

(b) Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a fine as provided in Section 1-8(a).

(c) All other provisions of this article shall be applicable to domesticated Vietnamese potbellied pigs.

(Code 1975, § 26-17.2; Ord. No. 2179, § 3, 7-27-92; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 8, 11-14-94; Ord. No. 3234, § 5, 4-9-13)


Sec. 6-11. - Enforcement.

It shall be the duty of the animal control officers, including any contracted animal control officers, to see that any dog, cat or Vietnamese potbellied pig found running at large in violation of the standards of Section 6-8(a) applicable to dogs or Section 6-9(a) applicable to cats or Section 6-10 applicable to Vietnamese potbellied pigs is taken and impounded in the animal shelter designated by the city council, and such dog, cat or Vietnamese potbellied pig may be taken without the necessity of filing a complaint and shall be impounded and disposed of as provided in Section 6-13.

(Code 1975, § 26-18; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 1840, 2-13-89; Ord. No. 2179, § 4, 7-27-92; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 9, 11-14-94)

Sec. 6-12. - Quarantine of animals.

(a) An animal which is known to have bitten any person or any animal which, in the opinion of a member of the police department, an animal control officer or of any licensed veterinarian of the state, appears to be inflicted with rabies shall be closely confined by its owner in accordance with the directions of a member of the police department or an animal control officer or shall be impounded by animal control, at the election of the police department or an animal control officer, for a period of not less than ten days. No person shall knowingly dispose of an animal that has bitten someone, without the approval of an animal control officer or the police department. No person shall fail to prevent such animal from being closely confined in accordance with the directions of the police department or an animal control officer.

(b) The owner of any animal that has been reported to have bitten any person shall, on demand of any member of the police department or an animal control officer, produce the animal for examination and quarantine. If the owner of any such animal refuses to produce the animal, the owner shall be subject to immediate arrest if there shall be probable cause to believe that the animal has bitten any person and that the owner is keeping or harboring the animal upon such a demand, and the owner may be charged with a violation of this section by failing to produce such an animal. If the owner of any such animal shall willfully or knowingly secrete or refuse to produce such animal, such act shall constitute a separate and individual violation of this section.

(c) If the owner of a quarantined animal is not determined or located, the police department or an animal control officer may order the animal to be destroyed; if, however, the owner of a quarantined animal is located, the owner shall be responsible to the city for all costs incurred for the confinement and treatment of the animal under this section. If the animal is determined to be suffering from rabies, it shall be destroyed forthwith.

(d) If the animal is inoculated for rabies during the ten-day quarantine, an additional ten days of quarantine is required. Total quarantine, if so inoculated, shall be 20 days.

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Sec. 6-13. - Impoundment; euthanasia; dead animals.

(a) Impoundment. Any animal found running at large may be taken up by any person or by any animal control officer and impounded by such officer for a period not to exceed five days. It shall be lawful for any animal control officer to go upon any property, excluding a dwelling, using such force as may be reasonably necessary, for the purpose of pursuing and catching any animal to be impounded. An animal control officer shall not go within the interior of a dwelling to remove an animal without a court order or the consent of an occupant of the dwelling over the age of 18 years. In the event that the impounded animal is not claimed by its owner or keeper within five days, the animal may be destroyed or sold by the animal control office or designated animal control facility in which the animal has been impounded.

(b) Claiming impounded animals. The city or its designated agent, including an animal control facility, may sell an impounded animal, which has not been claimed by its owner, to any person. The owner of any animal impounded by the city shall reclaim the animal from the animal shelter and pay any applicable fees as provided in Section 6-7.

(c) A person receiving a summons and complaint for a violation of Section 6-2, 6-6 or 6-12 may pay the standard fine for such violation at the violations bureau of the municipal court, provided that proof of a valid rabies vaccination is provided and payment of any applicable fee is made, at the time payment of the fine is tendered. Failure to provide the proof required or to pay the fees required shall result in a mandatory court appearance on the violation.

(d) An animal owner who wishes to have his live or dead pet disposed of by the city may pay a fee, as provided for in Section 6-7. Upon receiving evidence of payment, an animal control officer will pick up a dead animal for disposal or transport a live animal to a facility for humane euthanasia.

(e) When any animal shall die in this city, it shall be the duty of the owner or keeper thereof to remove the body of such animal forthwith from the city for disposal. If such body shall not forthwith be removed, the body shall be deemed a nuisance and subject to abatement by the city. When the body of any such dead animal shall be in any street, highway or public grounds in this city, it shall be the duty of the city to cause such body to be removed forthwith for proper disposal.

(f) Any animal control officer or police officer may, at such officer's discretion, take an injured impounded animal to a licensed veterinarian for emergency medical treatment. The owner shall be liable for payment of all such emergency treatment. Payment of the medical fees, as provided for in Section 6-7, may be required before the animal is released to the owner.

(g) Proof of ownership. A valid rabies tag worn by any animal shall be presumptive evidence that the owner of the animal is the person registered as obtaining the rabies vaccination for such animal. The registered owner of an animal may be charged with any violation the animal committed.

(Code 1975, § 26-20; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2486, § 7, 12-15-97; Ord. No. 2666, § 3, 6-18-01)

State Law reference— Impoundment authority, C.R.S. § 31-15-401(1)(m).

Sec. 6-14. - Possession of wild or vicious animals.

No person shall keep or permit to be kept on such person's premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed so as to apply to a zoological garden, theatrical exhibit or circus, except that no theatrical exhibit or act shall

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be held in which animals are encouraged to perform through the use of chemical, electrical or mechanical devices.

(Code 1975, § 26-21; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87)

Sec. 6-15. - Misuse of animals.

No person shall give away any live vertebrate animal as a prize for or as an inducement to enter any contest, game or other competition or as an inducement to enter a place of amusement, or no person shall offer such vertebrate as an incentive to enter into any business agreement whereby the vertebrate is for the purpose of attracting trade.

(Code 1975, § 26-22; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87)

Sec. 6-16. - Animals in heat.

The owner of every female dog or cat in heat shall keep the dog or cat confined in a building or secure enclosure in such manner that such female dog or cat cannot come into contact with another animal, except for planned breeding, and such that the animal does not create a nuisance by attracting other dogs or cats.

(Code 1975, § 26-23; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87)

Sec. 6-17. - Care and control.

(a) Nuisance animals are described and procedures for handling nuisance animals are included as follows:

(1) It shall be unlawful for any owner of an animal to fail to exercise proper control of such owner's animal to prevent it from becoming a nuisance. The following shall be deemed a nuisance:

a. An animal which, at any place within the city:

i. Without provocation, and without effective and immediate control, repeatedly snaps at or repeatedly lunges at or approaches a person while growling and snarling at such person in a threatening manner.

ii. Without provocation, and without effective and immediate control, chases or runs at another person while snapping or biting, growling or snarling at such person in a threatening manner.

b. Excessive, continuous or untimely barking or, in the case of a Vietnamese potbellied pig, squealing.

c. Harassing passersby while encroaching on public or private property, including snarling and/or growling while leaning on or over fences and walls.

d. Chasing vehicles or persons.

e. Unattended animals chained or tied in public places, including private property frequented by business invitees.

f. Trespassing upon school grounds.

g. Trespassing upon public or private property in such a manner as to damage property, which includes damages and nuisances caused by defecation and urinating on plants, flowers and shrubs, and rooting to such an extent that the animal traverses the property boundary line or violates the landscaping code in Article III of Chapter 18.

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h. A dog or pig found to be running at large by the municipal court on three or more occasions within any 12-month period.

(2) For purposes of this section, no animal shall be deemed a nuisance by reason of having attacked, threatened or terrorized any person under any of the following conditions:

a. Any person engaged in the unlawful entry into or upon the animal owner's property where such animal is kept;

b. Any person engaged in the unlawful entry into or upon the animal owner's automobile or other vehicle wherein such animal is confined, or which is parked on the street immediately adjacent to the owner's property;

c. Any person engaged in attacking or molesting another person;

d. Any person engaged in attempting to stop an altercation between such animal and another animal;

e. Any person who deliberately and wantonly provokes such animal to bite or to attack such person, another person, or another animal.

(3) When any such animal shall be seized as a nuisance, it shall be impounded by the police department or an animal control officer and may be held until a fact-finding dispositional hearing ("dispositional hearing") can be held in municipal court to determine its proper disposition. This dispositional hearing can take place notwithstanding any court action against any person who has been charged with a violation of any of the sections in this article, and any statement made by any person at such a dispositional hearing shall not be used in evidence in any trial procedure.

(4) If any animal shall be identified as a nuisance that cannot be taken up by the police department or an animal control officer, but the owner can be identified, the owner may be charged under this section notwithstanding the fact that the animal has not been captured.

(5) Prior to the dispositional hearing, the owner of the animal shall be given written notice of the dispositional hearing by the police department, animal control officer, or the court, if the owner or keeper is known. Such notice may be personally served upon the owner of the animal, or sent standard delivery in the U.S. mail, at least 72 hours before said hearing. The dispositional hearing shall be conducted as an administrative hearing and the rules of evidence prevailing in judicial proceedings shall not be binding. However, such rules of evidence may be used as a guide for the introduction of evidence. Any and all documentary evidence and other data deemed relevant by the municipal judge shall be received in evidence. The municipal judge shall have the power to determine that the animal be further confined, to order that the owner take specific steps to prevent the animal from running at large or to otherwise abate the nuisance created or to order the animal to be sold or destroyed. The owner of the animal shall have all rights possessed by defendants in judicial proceedings, including the right to be represented by counsel, the right to cross-examine the city's witnesses and [the] right to compel the attendance of witnesses. At such dispositional hearing, the city shall have the burden to prove by a preponderance of the evidence that the animal constitutes a nuisance as defined in subsection (a) of this section.

(b) It shall be unlawful for a person to knowingly or recklessly engage in any of the following acts, or any combination thereof:

(1) Fail to provide an animal with sufficient food and water, proper shelter and protection from the weather to avoid harm to an animal;

(2) Fail to provide veterinary care when needed to prevent suffering and injury to an animal;

(3) To, without good cause, mutilate an animal;

(4) To, without good cause, beat repeatedly or kill or attempt to kill an animal;

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(5) To cruelly treat, torment, overload, overwork or otherwise abuse any animal to the extent that the animal is in imminent danger of injury, sickness or death;

(6) To cause or permit any dogfight, cockfight, bullfight or other combat between animals or between humans and animals;

(7) To abandon such animal or neglect such animal to the extent that the animal is in imminent danger of injury, sickness or death. The term "neglect" shall include leaving an animal unattended in a vehicle without adequate ventilation or to leave an animal unattended in any manner that subjects the animal to extreme temperatures or conditions and thereby creates a risk of imminent injury, sickness or death to the animal;

(8) To crop a dog's ears or neuter an animal. This provision shall not apply to actions of a licensed veterinarian; and

(9) To poison any dog or cat or distribute poison in any matter whatsoever with the intent or for the purpose of poisoning any dog or cat.

(10) To slaughter any live animal within city limits, except in areas zoned for such purposes.

(11) To butcher any animal in a public place or where the conduct may reasonably be expected to be viewed by members of the public, except in areas zoned for such purposes.

(c) Any member of the police department or an animal control officer may take necessary and appropriate steps to abate any violation of subsections (a) and (b) of this section and, further, may impound the animals affected until a dispositional hearing can be held before the judge of the municipal court in the manner and form provided in subsection (a) of this section.

(d) No owner shall fail to maintain areas where animals are kept in a clean and sanitary fashion. It shall be the duty of every owner to dispose of, in a reasonable manner, any accumulation of animal excretion on premises where animals are kept, in order to prevent the attraction of flies, insects or other pests, and in order to prevent the propagation of obnoxious odors.

(e) Any person who purchases or leases, whether lessor or lessee, a dog which is used as a commercial guard or attack dog in the city must comply with vaccination requirements as stated in this article. Premises where guard or attack dogs are used must be conspicuously posted by the person in control of the premises with notice of a guard dog's presence. Such posting shall provide emergency telephone numbers for the purpose of contacting persons in control of the premises or animals when city agencies or other governmental agencies require access to the property.

(f) No person shall harbor or allow there to be more than a total of four dogs, or four cats, or a combination of dogs and cats totaling no more than four, or one Vietnamese potbellied pig; provided, however, if dogs, cats and pigs are harbored together only a total of three dogs or three cats along with one Vietnamese potbellied pig is allowed per residential dwelling unit that such animals occupy. This subsection shall not apply to dogs or cats under three months old from the same litter of a female dog or cat harbored or allowed per residential dwelling unit. This section shall not apply to animals maintained in an agricultural district when the uses are approved in compliance with Chapter 18.

(g) Any person who shall violate parts a, f, or h of paragraph (a)(1) or any parts of paragraph (b) of this section shall, upon conviction, be subject to enhanced penalties, as follows:

(1) Fined a sum of not less than $100.00 nor more than the maximum fine authorized by Section 1-8, or imprisoned for not more than one year, or both such fine and imprisonment; and

(2) Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter; and

(3) Ordered to have the animal be permanently identified through the implantation of a microchip containing owner identification information by a licensed veterinarian or a licensed shelter. The microchip information shall be registered with the appropriate company responsible for maintaining such information for the microchip; and a copy of the initial registration and a receipt

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acknowledging completion of registration from the company shall be provided to the animal control division of the police department.

(h) Any person who shall violate any other provision of this section, shall, upon conviction, be punished as provided in Section 1-8(a). In addition to any penalty provided above, the court shall have the authority to include any of the following requirements:

(i) The owner of the animal provides a separate enclosure in the rear yard of the owner's property that securely limits the animal's access to the public as determined by an animal control officer, unless the animal is under the physical control of a responsible person and restrained by a lead not to exceed four feet in length;

(j) The owner and the animal shall complete a socialization or behavior program approved by animal control;

(k) The owner of the animal shall notify the police department in person or by telephone as soon as practicable but no later than one hour after the owner's knowledge of the occurrence of either of the following events: the animal has escaped or has otherwise ceased to be in the custody of the owner or the animal had attacked a person or domestic animal.

(l) The owner shall post a conspicuous warning sign on the building or front portion of the property notifying others that a dangerous dog is housed in the building or on the property.

(Code 1975, § 26-24; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 1877, 7-24-89; Ord. No. 2179, §§ 5, 6, 7-27-92; Ord. No. 2228, § 3, 1-25-93; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 10, 11-14-94; Ord. No. 2486, § 8, 12-15-97; Ord. No. 2526, § 1, 10-12-98; Ord. No. 2666, § 4, 6-18-01; Ord. No. 2686, § 2, 10-22-01; Ord. No. 2932, § 1, 11-15-05; Ord. No. 2950, § 2, 7-11-06; Ord. No. 2996, § 1, 7-10-07; Ord. No. 3021, § 2, 12-18-07; Ord. No. 3126, § 1, 3-23-10; Ord. No. 3266, § 2, 9-24-13)

State Law reference— Cruelty to animals, C.R.S. § 18-9-201 et seq.; authority of city to prohibit cruelty to animals, C.R.S. § 31-15-401(1)(i).

Sec. 6-18. - Animal attacks.

(a) It shall be unlawful to own an animal that:

(1) Causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than the maximum fine authorized by Section 1-8, and imprisoned for not less than five days nor more than one year. The court shall also assess against the owner of the animal all costs incurred in apprehending, detaining, treating and disposing of the animal.

(2) Causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner. The owner of an animal that causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner, shall be responsible for all the medical expenses incurred by such person. Any owner who shall violate the provisions of this subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than the maximum fine authorized by Section 1-8 or imprisoned for not more than one year, or both such fine and imprisonment. The court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal.

(3) Causes bodily injury to another animal in an unprovoked attack while on or off the premises of its owner. Any owner who shall violate the provisions of this subsection shall, upon conviction,

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be fined a sum of not less than $500.00 nor more than the maximum fine authorized by Section 1-8 or imprisoned for not more than one year, or both such fine and imprisonment. The court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the animal that caused the attack as well as any costs incurred by the owner of the attacked animal in treating it or disposing of its body if it was killed.

(b) Any person who shall violate any provision of this section shall, upon conviction, be:

(1) Ordered to pay for all costs associated with the confinement and destruction of the animal; or

(2) Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter; and

(3) Ordered to have the animal be permanently identified through the implantation of a microchip containing owner identification information by a licensed veterinarian or a licensed shelter. The microchip information shall be registered with the appropriate company responsible for maintaining such information for the microchip; and a copy of the initial registration and a receipt acknowledging completion of registration from the company shall be provided to the animal control division of the police department.

(4) The owner shall post a conspicuous warning sign on the building or front portion of the property located within the city notifying others that a dangerous dog is housed in the building or on the property.

(c) In addition to any penalty provided above, the court shall have the authority to include any of the following requirements:

(1) The owner of the animal provides a separate enclosure in the rear yard of the owner's property that securely limits the animal's access to the public as determined by an animal control officer, unless the animal is under the physical control of a responsible person and restrained by a lead not to exceed four feet in length;

(2) The owner and the animal shall complete a socialization or behavior program approved by animal control;

(3) The owner of the animal shall notify the police department in person or by telephone as soon as practicable but no later than one hour after the owner's knowledge of the occurrence of either of the following events: the animal has escaped or has otherwise ceased to be in the custody of the owner or the animal had attacked a person or domestic animal.

(Code 1975, § 26-25; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2228, § 4, 1-25-93; Ord. No. 2353, § 11, 11-14-94; Ord. No. 2950, § 3, 7-11-06; Ord. No. 2996, § 2, 7-10-07; Ord. No. 3266, § 3, 9-24-13)

Sec. 6-19. - Disposition of animals.

(a) Any animal that causes bodily injury to a person or serious bodily injury to an animal in an unprovoked attack may be impounded by animal control officers or the police department without prior notice to the animal's owner. A police officer, animal control officer may remove the animal from the premises of the owner without civil or criminal liability if the animal is not located within the residence of its owner. In the event that an animal is located within the residence of its owner, the police department or animal control unit may obtain a court order from the municipal court authorizing the seizure of the animal prior to removing it from its owner's residence or may remove the animal from its owner's residence upon receiving the owner's consent.

(b) Following the impoundment of an animal pursuant to this section, an animal control officer, or police officer shall leave a notice with a person over the age of 18 years at the residence of the owner of the seized animal. The notice shall indicate the date and time on which the animal was seized, the location where the animal is impounded and the date, time and location of the hearing concerning

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the seizure of the animal. Within two working days of the seizure of the animal, a copy of this notice shall be sent to the owner of the animal by certified or registered mail.

(c) The owner of an animal seized pursuant to this section shall be entitled to a hearing before the municipal court within two weeks of the date the mailed notice is postmarked. At the hearing, the court shall determine whether the animal caused bodily injury to a person or severe bodily injury to a person or to a domesticated animal and whether the attack was unprovoked. If the court determines, based upon a preponderance of the evidence, that the animal, in an unprovoked attack, caused severe bodily injury to a person, the court shall order the animal destroyed and all the costs associated with the seizure, confinement and destruction of the animal assessed against its owner. If the court determines, based upon a preponderance of the evidence, that the animal caused bodily injury to a person in an unprovoked attack or caused severe bodily injury to a domesticated animal in an unprovoked attack, the court may order the destruction of the animal in order to protect the public health, safety and welfare. Upon a second or subsequent unprovoked attack on a person or domesticated animal, the court shall order the destruction of the attacking animal and shall assess all costs associated with the seizure, confinement and destruction of the animal to its owner.

(Code 1975, § 26-26; Ord. No. 1542, 3-17-86; Ord. No. 1707, 9-28-87; Ord. No. 2353, § 12, 11-14-94; Ord. No. 2666, § 5, 6-18-01)

Sec. 6-20. - Interference prohibited.

It shall be unlawful for any person to interfere with, molest, hinder or prevent the members of the police department, an animal control officer, or any licensed veterinarian of the state, in the discharge of their respective duties as prescribed in this article, or to violate any of the provisions of this article.


Sec. 6-21. - Animals prohibited in city.

(a) Generally. No horses, mules, sheep, cattle, swine, goats or other livestock, rodents, chickens, pigeons, turkeys or peacocks shall be kept or maintained within the corporate limits of the city in residential zone districts. No geese or other fowl shall be kept or maintained in residential zone districts, except that no more than two ducks may be kept or maintained on any one premises. No more than three adult rabbits may be kept or maintained on any one premises within the city. No more than five adult hamsters, gerbils or guinea pigs may be kept or maintained on any one premises within the city. No more than one domesticated Vietnamese potbellied pig, weighing less than 70 pounds, may be kept or maintained on any one premises within the city. This section shall not apply to animals maintained on the premises of a farming operation, a licensed commercial enterprise, a veterinarian hospital, a pet shop or an educational facility.

(b) Additional conditions to prohibition. In addition to the general prohibition of subsection (a) of this section, the following requirements shall exist for the following zoning districts:

(1) Agricultural district. Subsection (a) of this section shall not apply to animals maintained in an agricultural district when the uses are approved in compliance with Chapter 18.

(2) Residential estate district. No more than a combined total of ten rabbits, ducks and/or chickens shall be permitted to be kept per lot. No more than a combined total of three horses, cattle, goats, llamas and sheep shall be kept per acre of lot, with a maximum of four such animals permitted and subject to the following conditions:

a. All manure shall be disposed of promptly so as not to constitute a health or odor problem or other condition of public nuisance; and

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b. All livestock shall be kept within a fenced area.

(3) Preservation/revitalization district. Nondomestic animals shall be permitted in a preservation/revitalization district only if kept in cages or other protective shelters and if they do not pose a public threat or nuisance.

(c) Wild animals. It is unlawful for any wild animals to be kept or maintained within the corporate limits of the city. "Wild animal" shall be defined as any animal that customarily exists in its natural unconfined state and is usually not domesticated and shall include but not be limited to lions, tigers, cheetahs, panthers, cougars, mountain lions, ocelots, wildcats, bobcats and other wild exotic cats; foxes, minks, skunks and other fur-bearing wild animals; apes, monkeys and other like primates; bears; reptiles, including all poisonous snakes, domestic and/or imported or exotic, and any nonpoisonous snake over six feet in length; alligators or crocodiles; wolves or coyotes; any hybrid or mix breed between wild animals and domestic animals; bees or bee hives other than those permitted in Article III; but such definition shall specifically exclude domestic birds, aquatic animals, insects, and reptiles that are not a health hazard or are not poisonous. Alleged domestication of any wild animal shall not affect its status. Nothing in this section shall prohibit the further classification of any animal in this section as a dangerous or vicious animal.

(1) Upon verbal or written notification by any member of the police department or any animal control officer, the owner, possessor or keeper of any wild animal shall forthwith remove the animal from the city, and failure of the owner, possessor or keeper thereof to remove the animal shall cause the animal to be subject to immediate impoundment by the police department or animal control.

(2) After impoundment by the city, the city may arrange for such accommodations as may be necessary, either within or without the boundaries of the city, for the safekeeping of the animal. After impoundment, disposal of the animal may, at the discretion of the police department or animal control, be arranged in accordance with the owner's wishes or may be sold or destroyed. The arrangement of disposition of the animal shall include payment to the city of the costs of impounding and keeping the animal.

(3) It is unlawful for any wild animal to be running at large within the city, and such wild animal when found may be impounded or destroyed forthwith by the police department or animal control if the animal poses any threat to public health or safety, and no civil liability shall attach for the destruction thereof.

(4) This subsection shall not apply to animals maintained on the premises of a farming operation, a licensed commercial enterprise, a veterinarian hospital or an educational facility, or animals in their natural habitat.

(d) Prairie dog.

(1) Prairie dogs are rodents and therefore may be regulated in accordance with this Section 6-21 when found in any zone district located within the city. Any relocation of prairie dogs within the city must be to a location approved for prairie dog relocation.

(2) Any development project in any zone district located within the city shall comply with the following provisions:

a. Any person wishing to develop any vacant land in the city where evidence of prairie dog colonies exists must include in any development project a plan for the relocation of prairie dogs in connection with the development.

b. Developers are required to provide the city documented evidence of efforts made to relocate prairie dogs. Relocation can only be to designated relocation sites within the city or to relocation sites located outside the city limits in accordance with the division of wildlife permitting process. Developers may contact the city development department to obtain referral and contact information on the relocation process and, if necessary, disposal information.

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c. The developer, upon presenting documentation of good faith attempts to relocate prairie dog colonies, may dispose of the prairie dog colony through only those extermination techniques and procedures that are authorized by the department of agriculture and that are not in violation of state or federal laws.

d. No development permit shall be approved until documentation is submitted identifying the good faith efforts undertaken by the developer to comply with the prairie dog regulations contained herein.

(Code 1975, § 26-8; Ord. No. 1542, 3-17-86; Ord. No. 2179, § 1, 7-27-92; Ord. No. 2228, § 1, 1-25-93; Ord. No. 2271, § 1, 7-26-93; Ord. No. 2353, § 1, 11-14-94; Ord. No. 2628, § 1, 8-28-00; Ord. No. 2656, § 2, 2-12-01; Ord. No. 2666, § 7, 6-18-01; Ord. No. 3189, § 1, 2-28-12)

Sec. 6-22. - Police Service Dog Unit.

The police service dog unit of the Thornton Police Department will be using trained police dogs. The actions of trained police dogs, when operating in connection with and under the control of the police service dog unit and while such actions are within the scope and in furtherance of the duties associated with the police service dog unit, shall be exempt from all provisions of this chapter 6. This provision shall not exempt the canines from the requirements to have all the canines used in connection with the police service dog unit to be vaccinated as with any other canine located within the city, pursuant to Section 6-2 of the Code.

(Ord. No. 2826, § 1, 6-8-04)

Cross reference— Law enforcement, Ch. 38.

Secs. 6-23—6-50. - Reserved.

ARTICLE II. - LIVESTOCK AND FOWL

DIVISION 1. - GENERALLY

Sec. 6-51. - Violations and penalties.

The city council declares that animals specified in Section 6-52 running at large within the corporate limits of the city or being maintained within the corporate limits constitute a nuisance. Any person or owner of any such animal found running at large or any person or owner maintaining such animal within the corporate limits shall be subject to a fine as provided in Section 1-8(a).

(Code 1975, § 26-9; Ord. No. 1542, 3-17-86; Ord. No. 2353, § 2, 11-14-94)

Sec. 6-52. - Animals running at large.

It shall be unlawful for any owner or possessor or keeper, whether owner, bailor, bailee, lessor or lessee, of any horse, mule, donkey, cattle, sheep, swine, goat, chicken, other domestic fowl or livestock to fail to prevent such from running at large within the city.

(Code 1975, § 26-1; Ord. No. 1542, 3-17-86)

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DIVISION 2. - IMPOUNDMENT[2]

Footnotes:

--- (2) ---

State Law reference— Impoundment authority, C.R.S. § 31-15-401(1)(m).

Sec. 6-76. - Enforcement; notice.

(a) The office of the state board of stock inspection commissioners and its agents may enforce this article by the taking up and impounding of any animals listed in Section 6-52 that are running at large. The city police department or animal control unit may assist the office of state board of stock inspection commissioners in the impounding of such animals. Forthwith after impounding, the state board of stock inspection commissioners' office shall give notice of the sale of the impounded animals.

(b) Small animals impounded that the state board of stock inspection commissioners cannot or will not handle will be impounded under the same conditions as set forth for small domestic animals in Article I of this chapter.

(Code 1975, § 26-2; Ord. No. 1542, 3-17-86)

Sec. 6-77. - Contents of notice.

The notice of sale as provided in Section 6-76(a) shall contain the information provided by state law.

(Code 1975, § 26-3; Ord. No. 1542, 3-17-86)

Sec. 6-78. - Redemption of animals; costs.

The owner of the animal impounded under this division shall claim it before sale within the time specified in the notice, and costs shall be paid and the animal released according to state law.

(Code 1975, § 26-4; Ord. No. 1542, 3-17-86)

Sec. 6-79. - Disposition of unclaimed animals.

If the animal impounded under this division shall not be claimed and costs shall not be paid as provided in Section 6-78, the animal shall be disposed of according to state law.

(Code 1975, § 26-5; Ord. No. 1542, 3-17-86)

Sec. 6-80. - Disposition of sale proceeds.

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The proceeds of a sale under this division shall first be applied to the payment of all the accrued costs of feeding and advertising, and any surplus shall be paid over to the treasurer of the city in which the sale is made, but if sufficient money is not realized from such sale to pay such costs, the chief of police shall so certify to the city, and such deficiency shall be paid from the unclaimed surplus received from the sale of other animals.

(Code 1975, § 26-6; Ord. No. 1542, 3-17-86)

Sec. 6-81. - Surplus of sale proceeds to owner.

When any surplus proceeds shall accrue from the sale under this division, the owner may apply to the state board of stock inspection commissioners for the purpose of claiming any such surplus proceeds.

(Code 1975, § 26-7; Ord. No. 1542, 3-17-86)


ARTICLE III. - BEES

Sec. 6-101. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Bee shall mean any stage of the common domestic honey bee, apis mellifera species.

Beekeeper shall mean the person responsible for beekeeping on a designated property.

Beekeeping shall mean the owning and breeding of bees.

Colony shall mean a collection of bees living together as a single social unit.

Hive shall mean a structure intended for the housing of a bee colony.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-102. - Permits for beekeeping.

(a) No person shall keep, maintain or allow any hive of bees on any lot or parcel of land within the city without first obtaining a beekeeping permit in accordance with this article. This requirement does not apply to feral bees not managed by a beekeeper.

(b) An initial application for a beekeeping permit shall include the following:

(1) The name, address and telephone number of the applicant. The applicant shall own or reside on the subject property, or shall have the right to possession and control of the property if the property is leased.

(2) A site plan of the property, including the proposed location of the hive(s).

(3) If the applicant is not the owner of the subject property, a statement of approval signed by the owner of the property on which the hive is to be located.

(4) A signed statement from the applicant that he will comply with the provisions and requirements of this article.

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(5) Receipts or documentation from the U.S. Postal Service or other mail provider demonstrating that notification was mailed to all principal residents of each property immediately adjacent to the property on which the hive(s) will be located of the applicant's intent to keep bees. Properties with shared property lines shall be considered adjacent, however, properties located across a street or alleyway shall not be considered adjacent.

(6) An application fee as established by resolution of the city council from time to time.

(c) A permit will be granted in those instances in which all of the requirements in subsection (b) above have been met.

(d) All permits granted shall be valid so long as the property owner remains the same. Beekeeping permits are not transferrable.

(e) Such permit shall be revocable if the permittee is convicted of more than one violation of this article.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-103. - Districts permitted.

Beekeeping shall be permitted in the following areas:

(1) Agricultural district, residential estate district, single-family detached district, and Eastlake residential district;

(2) Lots in other districts developed with single-family detached dwelling units; and

(3) Nonresidential zoning districts in conjunction with a community garden as regulated in Chapter 18.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-104. - Hive densities.

(a) It shall be unlawful to keep more than the following number of hives on any lot or tract within the city, based upon the size or configuration of the lot or tract on which the hive is situated:

(1) One-quarter acre or less: two hives;

(2) More than one-quarter acre but less than one-half acre: four hives;

(3) More than one-half acre but less than one acre: six hives;

(4) One acre or larger: eight hives.

(b) Regardless of lot or tract size, where all hives are situated at least 200 feet in any direction from all property lines of the lot or tract on which the hives are located, there shall be no limit to the number of hives.

(c) For each two colonies authorized in subsection (a) above, there may be maintained upon the same lot or tract one nucleus colony in a hive structure not exceeding one standard 95/8-inch depth ten frame hive body with no supers attached as required from time to time for management of swarms.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-105. - Hives.

(a) Hives shall be kept in the rear yard, and shall be setback at least five feet from the rear and side property lines.

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(b) All bee colonies shall be kept in hives that can be opened for inspection.

(c) Hives shall have removable frames, and shall be maintained in good and useable condition.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-106. - Sound beekeeping practices required.

Beekeepers shall conform to sound beekeeping practices, including but not limited to those requirements described below, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.

(1) Fencing of flyways. In each instance in which any hive is situated within 25 feet of the property line of the lot or tract on which the hive is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall or fence parallel to the property line and extending ten feet beyond the hive in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the hive. Fences shall comply with the requirements of Chapter 18.

(2) Water. Each beekeeper shall provide a continuous source of water on the lot or tract where the hive is located. The water source shall be maintained so as not to become stagnant.

(3) Maintenance. Each beekeeper shall not store bee comb or other similar materials on the grounds of the site where the hive is located. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

(4) Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, the beekeeper shall re-queen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.

(5) Community gardens. When a hive is associated with a community garden, the beekeeper shall locate the hive such that it is surrounded on all sides by a fence to secure the hive from access by unauthorized persons.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-107. - Certain conduct declared unlawful.

Notwithstanding compliance with the various requirements of this article, it shall be unlawful for any beekeeper to keep any colony or colonies in a hive that is deteriorated, dilapidated or such a worn condition so as the hive poses a public health or safety risk or interferes with the use and enjoyment of any public or private property, or to fail to comply with any requirement of this article.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-108. - Right of entry.

Pursuant to any beekeeping permit issued as authorized by this article, animal control officers ("officers") are hereby granted a right of inspection to enter upon the permittee's property, as provided herein, to ensure all requirements of this article are being met by the permittee.

(1) Inspection. Whenever an animal control officer has probable cause to believe that there exists, in or upon the premises where beekeeping has been permitted, a violation of the requirements

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for beekeeping specified in this article, or beekeeping is being conducted in a manner that may constitute a threat to the public health and safety, such officers may contact the permittee to request an inspection of the permittee's property where the beekeeping is being conducted. The permittee shall allow such an inspection within two business days of a request. If an officer believes there exists an imminent threat to the public health and safety on the property where beekeeping is being conducted, the permittee shall allow for immediate inspection upon a request. If a permittee refuses to allow immediate inspection, a search warrant may be issued by a court of competent jurisdiction.

(2) Refusal. It shall be unlawful for a person who has been issued a permit to conduct beekeeping pursuant to this article to refuse to allow an inspection when requested by an animal control officer.

(3) Corrective action. If upon any inspection, it is found that any structures associated with beekeeping or activities of a permittee who is permitted to conduct beekeeping are in violation of this article, the officer may take appropriate action to abate any such violation pursuant to Section 6-109 herein or may pursue any other remedy as authorized by the Code or any law or regulation.

(Ord. No. 3189, § 2, 2-28-12)

Sec. 6-109. - Declaration of nuisance.

The keeping of any bee colonies in the city that is not in strict compliance with the requirements of this article is declared to constitute a threat to the health and safety of the residents of the City of Thornton and is hereby declared to be a nuisance. Any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is hereby declared to be a menace to the health and safety of the residents of the city and is declared to be a nuisance. Any bee colonies kept in the city not in compliance with this article or otherwise declared to be a nuisance pursuant to this section may be summarily destroyed or removed from the city at the direction of the chief of police, or his designee.

(Ord. No. 3189, § 2, 2-28-12)

Exhibit B: Fees Adams County Animal Shelter/Adoption Center

(April 1 - December 31, 2016)

Service Cats/Dogs All Other Animals Court Hold $150.00 $70.00 Police Hold $150.00 $70.00 Protective Custody $150.00 $70.00 Quarantine $150.00 $70.00 Owner Surrender (Field) $150.00 $70.00 Stray $150.00 $70.00 Litters (Under 6 months) $70.00 $0 Daily Board $10.00 $10.00 Disposal $35 $35 Court Holds: If ACASAC receives restitution and/or other such payment for housing an animal on Court Hold, ACASAC will credit the City of Thornton the equal amount of funds received for impound and daily care costs. Police Holds, Protective Custody, Strays and Quarantines: If the owner reclaims their animal(s), ACASAC will waive all fees to the City of Thornton. Daily Board: Fee starts after 5 business days for court holds, police holds, protective custody and quarantines. Litters: Fee is per live littermate and also applies to litters of pregnant females who give birth within 5 days of arriving at ACASAC.

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CITY OF THORNTON CITY MANAGER’S OFFICE COUNCIL UPDATE ... · HB16-1005 Residential Precipitation Collection Thornton Position: CML Position: Monitor Sponsors: ESGAR / MERRIFIELD