HomeMy WebLinkAbout2021-04 Amending Title 6 of the Vail Town Code by the Addition of a New Article 4B Regarding Pet Shops1
ORDINANCE NO. 4
SERIES 2021
AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW ARTICLE 4B REGARDING PET SHOPS
WHEREAS, the Humane Society of the United States (the "Humane Society") has
determined that puppy and kitten mills are inhumane commercial breeding facilities, which
disregard the animals' physical and emotional health to maximize profits;
WHEREAS, according to the Humane Society, these mills produce animals for
sale, often at retail pet shops;
WHEREAS, the Town Council hereby finds and determines that the sale of dogs
and cats from these mills is an unwholesome business practice and not in the best interest
of the public welfare of the Town;
WHEREAS, the Town Council further finds and determines that the sale of other
animals that are unhealthy or raised in inhumane conditions is also an unwholesome
business practice and not in the best interest of the public welfare of the Town; and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the
addition of the following new Article B, to read as follows:
ARTICLE B. PET SHOPS
6-4B-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ANIMAL: As defined in Section 6-4-2 of this Code.
ANIMAL CARE FACILITY: An animal control center or animal shelter, as
defined in Section 6-4-2 of this Code, maintained by or under contract with
any state, county or municipality, with a mission and practice of, in whole or
significant part, to rescue and place animals in permanent homes.
ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax-
exempt status under Section 501(c)(3) of the United States Internal
Revenue Code, with a mission or practice, in whole or significant part, to
rescue or place animals in permanent homes.
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CAT: As defined in Section 6-4-2 of this Code.
DOG: As defined in Section 6-4-2 of this Code.
PET SHOP: A retail establishment where animals are sold, exchanged,
bartered, or offered for sale as pets to the general public at retail, but
excluding an animal care facility or animal rescue organization.
6-4B-2: PET SHOP REGULATIONS:
A. No pet shop shall sell, deliver, offer for sale, barter, auction or
otherwise dispose of a dog or a cat.
B. A pet shop that offers space for the adoption of dogs or cats shall
post, in a conspicuous location on the enclosure of each such animal, a sign
listing the name of the animal care facility or animal rescue organization
from which the pet shop acquired each dog or cat.
C. It is unlawful for a pet shop to offer for adoption any sick or injured
dog or cat, or to offer for adoption any dog or cat that is so young or weak
that its sale would be injurious to the animal.
D. It is unlawful for a pet shop to offer any of the following for sale, barter
or auction: a sick or injured animal; an animal that is so young or weak that
its transfer would be injurious to the animal; or an animal that has been
inhumanely bred or raised.
6-4B-3: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this Article.
Any person convicted of violating any provision of this Article shall be
punished as provided in Section 1-4-1 of this Code, and each day of
violation shall constitute a separate offense.
B. The operation of a pet shop in violation of this Article is declared to
be a public nuisance and is subject to abatement as provided by law. In
any case in which the Town prevails in a nuisance abatement action
initiated pursuant to this Chapter, the Town may recover its reasonable
attorney fees plus costs of the proceeding.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
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Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision, or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2 nd day of March, 2021 and a
public hearing for second reading of this Ordinance set for the 16th day of March, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of April 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk