BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 1007
SERIES OF 2003 COMMITTEE OF REFERENCE:
HUMAN CAPITAL AGENDA
A BILL
For an ordinance providing for the submission to a vote of the qualified and registered electors of the City and County of Denver at a special municipal election to be held on August 10, 2004 an initiated ordinance prohibiting the display of wild or exotic animals for public entertainment and amusement, with exceptions for the Denver Zoo, Ocean Journey, The National Western Stock Show, and other accredited organizations.
WHEREAS, on December 2, 2003 the Denver Election Commission forwarded to the City Council a petition for an initiated ordinance as more fully set forth herein, upon a determination that the petition contained the validated signatures of registered electors of the City and County of Denver totaling at least 5% of the total votes cast for the office of Mayor in the last election at which the mayor was elected; and
WHEREAS, pursuant to § 8.3.3 (C) of the Denver Charter, upon receipt of a petition containing the aforesaid number of signatures, the City Council may either enact the ordinance without alteration within 35 days of receipt or submit the question of whether or not the ordinance should be enacted to a vote of the people at the next scheduled citywide election held not less than 55 days after submission by the Council; and
WHEREAS, the next scheduled citywide election is the state primary election due to occur on August 10, 2004; and
WHEREAS, pursuant to §§ 31-10-108 and 1-7-116, C.R.S., and § 8.2.3 of the Denver Charter, the City Council is authorized to call a special City and County election to be coordinated with the State primary election.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
Section 1. The City Council hereby calls for a special City and County election to be conducted at the same time and coordinated with the State primary election to be held on August 10, 2004
Section 2. There is hereby submitted to the properly qualified and registered electors of the City and County of Denver at the special City and County election to be held August 10, 2004, an initiated ordinance to read as follows:
Section 1. Sections 8-5 through 8-8 D.R.M.C. added.
Chapter 8, Article I of the Revised Municipal Code of the City and County of Denver is hereby revised by adding Sections 8-5 through 8-8 to read as follows:
Sec. 8-5. Purpose and Intent.
It is the intent of the people of the City and County of Denver to protect the public against hazards that wild and exotic animals used in entertainment pose to society, and protect wild and exotic animals from cruel and inhumane treatment when they are exhibited for public entertainment or amusement.
Sec. 8-6. Definitions.
These words and phrases, whenever used in this ordinance, shall be construed as follows:
(a) “Wild or exotic animal display” means to exhibit a wild or exotic animal for amusement or entertainment, and includes, without limitation, any such exhibition in a circus, ride, trade show, fair, carnival, parade, race, photographic opportunity or live performance.
(b) “Wild or exotic animal” means any animal in the following orders and families, whether bred in the wild or in captivity, and any animal hybrid resulting from the breeding of an animal that is a member of the following orders and families:
Non-human primate and prosimians (e.g. chimpanzees, monkeys), Felidae (except domesticated cats), Canidae (except domesticated dogs), Ursidae (e.g. bears), Proboscidae (e.g. elephants), Cetacea (e.g. whales, dolphins, porpoises), Crocodilia (e.g. alligators, crocodiles), Marsupialia (e.g. kangaroos, opossums), Reptilia over 8 feet in length and snakes and reptiles of the venomous variety, Perissodactyla (e.g. rhinoceroses, tapirs, not horses or donkeys, or mules), Artiodactyla (e.g. hippopotamuses, giraffes, camels, not cattle, buffalo, swine, sheep or goats), Hyaenidae, Mustelidae (e.g. skunks, weasels, otters, badgers), Procyonidae (e.g. raccoons,
coatis), Edentata (e.g. anteaters, sloths, armadillos), Viverridae (e.g. mongooses, civets, and genets), Pinnipedia (e.g. seals, sea lions, walruses), Struthioniformes (e.g. ostriches), Casuariiformes (e.g. emus). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
Sec. 8-7. Display of Wild or Exotic Animals Prohibited.
It shall be unlawful for any person to put on or sponsor a wild or exotic animal display on any public or private land within the City and County of Denver. This prohibition, however, shall not apply to the Denver Zoological Gardens (The Denver Zoo), The Denver Downtown Aquarium (Ocean Journey) subject to accreditation as set forth below, The National Western Stock Show, or any entity accredited by the American Zoo and Aquarium Association, the Association of Sanctuaries or the American Sanctuary Association, or their successors.
Sec. 8-8. Enforcement.
The manager of environmental health or the managerÂ’s designee shall enforce the provisions of this ordinance.
Section 2. Section 8-2 (a)(2) D.R.M.C. Repealed.
Section 8-2 (a)(2) of the Revised Municipal Code of the City and County of Denver is hereby repealed.
Section 3. The voting machines and paper ballots for said election shall carry the following designation, which shall be the title and submission clause:
Shall the voters of the City and County of Denver adopt an ordinance prohibiting the display of wild or exotic animals for public entertainment and amusement, with exceptions for the Denver Zoo, Ocean Journey, The National Western Stock Show, and other accredited organizations?
Yes _____ No _____
Section 4. Each elector voting at the election and wishing to vote for or against the ordinance shall indicate the elector’s choice by depressing the appropriate counter of the voting machine which indicates the word “YES” or the word “NO,” or by appropriate marking upon paper ballots when used.
Section 5. The proper officials of the City and County of Denver as are charged with duties relating to the election shall, before the election, issue such calls, make such certifications and
publications, give such notices, make such appointments, and do all such other acts and things in connection with the submission of this initiated ordinance to the registered electors of the City and County of Denver at the election as are required by the Constitution and laws of the State of Colorado and the Charter and ordinances of the City and County of Denver
Section 6. The Clerk and Recorder shall publish the initiated ordinance in a manner consistent with the publication of other ordinances before such election is held.
Section 7. The ballots cast at such election shall be canvassed and the results ascertained, determined, and certified in accordance with the requirements of the Constitution and laws of the State of Colorado and the Charter and ordinances of the City and County of Denver.