TRIVIA

1. MOVIES: Which animated movie includes the line, “Fish are friends, not food”?

2. TELEVISION: What is the name of the “Sesame Street” Muppet who lives in a trashcan?

3. GEOGRAPHY: What is the largest country geographically in Africa?

4. ANATOMY: What is complete heterochromia?

5. U.S. STATES: Which two states don’t recognize Daylight Savings Time?

6. LITERATURE: Which bestselling novel (1989) is set in Clanton, Mississippi?

7. FOOD & DRINK: What is the national dish of Spain?

8. ANIMAL KINGDOM: What is a group of leopards called?

9. HISTORY: Which two Greek city-states fought the Peloponnesian War?

Solution

10. AD SLOGANS: Which company once urged customers to “reach out and touch someone” by telephone?

Answers

1. “Finding Nemo” (Bruce the Shark).

2. Oscar the Grouch.

3. Algeria.

4. When someone’s eyes are two di erent colors.

5. Hawaii and Arizona.

6. “A Time to Kill,” by John Grisham.

7. Paella.

8. A leap of leopards.

9. Sparta and Athens.

10. AT&T.

(c) 2023 King Features Synd., Inc.

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Legals City of Brighton

Public Notice

ORDINANCE NO.

INTRODUCED BY: Taddeo

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO AMENDING ARTICLE 10 – VEHICLES & TRAFFIC, OF THE BRIGHTON MUNICIPAL CODE

WHEREAS, except for the recent updates to Articles 10-4 and 10-15, Article 10 has not been updated since 2009; and

WHEREAS, City Council desires to update Article 10 because of the modernization of vehicles, citizens’ needs, local business encouragement, public nuisance needs, and requirements of law; and

WHEREAS, the City Council finds and determines that the above proposed amendments and additions shall enhance, protect, and otherwise further the public health, safety, and welfare of the citizens of Brighton.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS:

Section 1. Subsections (4), (6), and (7) of Section 10-5-10 are hereby amended as follows:

Sec. 10-5-10. Parking on Private Property Restrictions.

(4) In all residential zone districts except Rural Estate (RE) zone districts and Planned Unit Developments which include residential development regulations in conflict with the provisions of this Article, it shall be unlawful to park a truck tractor or semi-trailer (regardless of size), truck exceeding nine thousand (9,000) pounds gross weight, bus, farm tractor, implements of husbandry, tow truck or vehicle equipped to provide towing services and construction equipment on any private street, driveway, on a vacant lot or in a front yard or side yard on street; provided, however, that the parking on a construction site for which a valid building permit exists is allowed for the purpose of loading and unloading materials.

(6) It shall be unlawful to park more than two (2) vehicles associated with a business on private property in any residential zone district where such vehicles are visible from public or private property.

(7) It shall be unlawful to park an inoperable vehicle or unlicensed vehicle, as defined in Section 10-8-20, on private property in any residential zone district where such vehicles are visible from public property.

Section 2. Section 10-50-20(a) is hereby amended as follows:

Sec. 10-5-20. Vehicles Subject to Tow.

(a) Any vehicle, boat, camper, cart, wagon, offhighway vehicle, snowmobile, farm tractor, or implement of husbandry parked in violation of the Sections 10-7 or 10-8 of the Brighton Municipal Code or which blocks the movement of other vehicles parking in the immediate vicinity or moving through the immediate vicinity or parked in such a manner as to block driveways, exits, access to garages or the movement of other vehicles in parking areas regulated hereunder is subject to tow and impound regardless of whether or not the subject area is posted regarding towing of illegally parked vehicles.

Section 3. Section 10-5-20(d) is hereby enacted as follows:

Sec. 10-5-20. Vehicles Subject to Tow

(d) Any vehicle, boat, camper, cart, wagon, offhighway vehicle, snowmobile, farm tractor, or implement of husbandry towed and impounded pursuant to Section 10-5-20 shall be subject to the requirements of Article 10-7.

Section 4. Subsections (1) and (5) and Section 10-6-10 are hereby amended as follows:

Sec. 10-6-10. Parking on Public Property Restrictions.

(1) No person shall park, keep, or store any truck tractor or semi-trailer (regardless of size), truck exceeding nine thousand (9,000) pounds gross weight, tow truck or vehicle equipped to provide towing services, bus, trailer coach, motor home, camper or pickup shell, farm tractor, implement of husbandry, construction equipment, recreation vehicle, utility trailer, or trailer for a period of time

303-566-4123

longer than one (1) hour on a public right-of-way within a residentially zoned area or on a public right-of-way adjacent to any lot upon which there is a residence in any zoned district; except where the vehicles or trailers are parked adjacent to a lot on which is located a motel or hotel being used by the operator of the vehicle or trailers. The period of time during which such vehicles are engaged in rendering services in the immediate area shall be excluded from computation of the one-hour limit provided by this Section.

(5) It shall be unlawful to park any vehicle upon any street or highway within the City without a valid, current license plate properly displayed on the vehicle as required by the laws of the state, territory, or country which issued the license plate or plates displayed.

Section 5. Section 10-6-20(4) is hereby amended as follows:

Sec. 10-6-20. Exceptions

(4) While the vehicle is stopped for emergency repairs except that the person in possession of the vehicle must use reasonable means to move the vehicle, so the vehicle does not block the driveway entrance to any property abutting the street or highway, or interfere with the free movement of vehicular traffic or proper street or highway maintenance.

Section 6. Section 10-7-20(a) is hereby amended as follows:

Sec. 10-7-20. Authority of City to investigate, abate, remove, and impound vehicles.

(a) The City Manager or his or her designee, members of the police department, other persons designated by the police department, and the Community Development Director or his or her designee are hereby authorized to investigate any vehicle located at any public or private property within the City that reasonably appears to be in violation of any ordinance, rule, or regulations of the City or statues of the State; or which is stolen, abandoned, or unclaimed.

Section 7. Section 10-7-20(d) is hereby enacted as follows:

Sec. 10-7-20. Authority of City to investigate, abate, remove, and impound vehicles.

(d) Within seventy-two hours of the time that a motor vehicle is impounded pursuant to subsection (a) of this section, the city manager shall give notice by certified mail to the registered owner of such vehicle:

(1) That the vehicle has been removed and impounded;

(2)Of the reason therefor;

(3)Of the location of the vehicle;

(4) That the vehicle owner has a right to contest the validity of the impoundment by requesting a prompt hearing within ten days from the date on which such notice is mailed;

(5) That if the vehicle is not claimed by the owner or the owner’s authorized agent and any accrued removal and storage charges are not paid in full within thirty days of the date on which the notice is mailed, the vehicle will be sold;

(6) If the vehicle is not registered in Colorado, or if the license plate or vehicle identification number is expired, altered or missing, the city manager shall send the notice required in this section as soon as reasonably practicable, but without regard to the seventy-two-hour limit, or may post notice in a designated public place within the boundaries of Brighton within the seventy-two-hour limit; and

(7) If the vehicle was reclaimed from impoundment or a hearing concerning the impoundment was set by the registered owner before the notice required by this section was sent, then no such notice need be given.

Section 8. The title of Chapter 10-8 is hereby amended as follows:

ARTICLE 10-8. – Inoperable and Abandoned

Vehicles

Section 9. The title of Section 10-8-10 is hereby amended as follows:

Section 10-8-10. Inoperable and abandoned vehicles prohibited.

Section 10. The following definitions set forth in Section 10-8-20 are hereby amended as follows: Section 10-8-20. Definitions.

Abandoned vehicle means any vehicle stored, placed, or otherwise left in one location upon any public property or on any private property, without the consent of the property owner, for a period of twenty-four hours or more than the time limited by any signs, meters, pay stations, or pavement markings that apply to that location, or for a continuous period of more than seventy-two hours at any otherwise unregulated location, constitutes an abandoned vehicle, which is a public nuisance.

Antique vehicle means a vehicle that is at least twenty-five years old and specially registered and displays a special registration plate pursuant to Section Colorado Revised Statute § 42-3-128.

Inoperable vehicle means (1) any motor vehicle not capable of being promptly started and driven under its owner power upon a street or highway;

(2) any vehicle that has been parked in the same location for a period of thirty (30) consecutive days or more; (3) any unlicensed vehicle not bearing current and valid license plates or other evidence of current and valid registration; or (4) any vehicle that is dismantled, in whole or in part, or is otherwise damaged, in disrepair, or lacking equipment to the extent that it would be unlawful or unsafe to operate on public streets or highways.

Section 11. Section 10-8-30(a) is hereby amended as follows:

Sec. 10-8-30. Prima facie evidence of abandoned or inoperable vehicle; presumptions0

(a) Any vehicle stored, placed, or otherwise left in one location upon any public property or on any private property, without the consent of the property owner, for a period of twenty-four hours or more than the time limited by any signs, meters, pay stations, or pavement markings that apply to that location, or for a continuous period of more than seventy-two hours at any otherwise unregulated location, constitutes an abandoned vehicle, which is a public nuisance. Proof that the vehicle’s odometer shows movement of no more than two-tenths of a mile during a period of at least twenty-four hours after the time limited by any signs, meters, pay stations, or pavement markings that apply to that location, shall constitute prima facie evidence that the vehicle was left in one location. A vehicle shall be considered abandoned if it has not been moved to a location that is at least seven hundred (700) feet away during the seventy-two hour period of time.

Section 12. Section 10-8-40(b) is hereby amended as follows:

Sec. 10-8-40. Prohibited storage or placement of vehicles

(b) For purposes of enforcement of this Article, all persons eighteen years or older residing in a single-family residence shall be deemed to be in control of the property upon which the residence is located and any vehicle located on such property. Apartment complex or other multi-family parking lot areas, common areas, or grounds shall be deemed to be under the control of the record owner of the complex and/or of any manager of such complex. Any vehicle found upon the parking lot areas, common areas or grounds of an apartment, multifamily, or condominium complex shall be deemed to be under the control of the registered owner of such vehicle, the record owner of the complex and/or any manager of such complex, or the officer of the condominium association.

Section 13. Section 10-8-50 is hereby amended as follows:

Sec. 10-8-50. Authority to City to investigate, abate, remove, or impound vehicles.

(a) The City Manager or his or her designee, members of the police department, other persons designated by the police department, and the Community Development Director or his or her designee are hereby authorized to investigate any vehicle located at any place within the City that reasonably appears to be in violation of any ordinance, rule, or regulations of the City or statues of the State; or which is lost, stolen, abandoned, or unclaimed.

(b)Such officials of the City are authorized to go onto private property for the purpose of making an investigation into any violation of this Article and for the purpose of determining ownership and condition of any vehicle reasonably appearing to be in violation of any provision of this Article.

(c) Such officials of the City are authorized to enforce the terms and provisions of this Article, to remove or cause to be removed a vehicle from any public or private property in the City, and thereafter to impound or cause such vehicle to be impounded as provided by this Article, when it reasonably appears that such vehicle is abandoned or inoperable.

(d) If a vehicle is impounded pursuant to this Section, the City shall comply with the requirements of Section 10-7-20(d) of the Brighton Municipal Code.

Section 14. Section 10-8-60 is hereby amended as follows:

Sec. 10-8-60. Exceptions.

Article 10-8 shall not apply to the following situations:

(1) To the outdoor placement or storage of inoperable vehicles on property within the City where such placement or storage upon such property is specifically permitted under the zoning ordinances of the City, including variances or permits validly obtained through the processes provided for in the City’s zoning ordinances; and

(2) To antique vehicles, as defined in Section 10-8-2 of the Brighton Municipal Code, bearing current and valid license plates and provided that such antique vehicles, if inoperable, shall be screened from ordinary public view, or may remain unscreened if located within a garage.

Section 15. Section 10-11-10 is hereby amended as follows:

Sec. 10-11-10. Summons and complaint for illegally parked vehicles.

If the driver or owner of an unattended vehicle charged with a violation of the provisions of this Code relative to keeping, storing, and parking of vehicles in the City, does not respond within the time specified in the summons or summons and complaint by appearance, or appearance in the Municipal Court, the Clerk of the Court shall send a second notice by regular mail, postage prepaid to the last known address of such person, to which the original summons and complaint was directed, warning such person that in the event the summons and complaint are disregarded, a warrant of arrest for such person shall be issued by the Court. The second notice shall contain a date and time certain for the named person to appear in Court.

Section 16. The following definitions set forth in Section 10-14-10 are amended as follows:

Sec. 10-14-10. Definitions

Abandoned vehicle means any vehicle stored, placed, or otherwise left in one location upon any public property or on any private property, without the consent of the property owner, for a period of twenty-four hours or more than the time limited by any signs, meters, pay stations, or pavement markings that apply to that location, or for a continuous period of more than seventy-two hours at any otherwise unregulated location, constitutes an abandoned vehicle, which is a public nuisance. Antique vehicle means a vehicle that is at least twenty-five years old and specially registered and displays a special registration plate pursuant to Section Colorado Revised Statute § 42-3-128.

Farm tractor means every implement of husbandry designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry.

Implements of husbandry means every vehicle that is designed, adapted, or used for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, agricultural commodity handling equipment, and other heavy movable farm equipment primarily used on farms or in a livestock production facility and not on the highways. Trailers specially designed to move such equipment on highways shall be considered as component parts of such implements of husbandry. It also includes personal property valued by the county assessor as silvicultural.

Inoperable vehicle means (1) any motor vehicle not capable of being promptly started and driven under its owner power upon a street or highway; (2) any vehicle that has been parked in the same location for a period of thirty (30) consecutive days or more; (3) any vehicle not bearing current and valid registration; or (4) any vehicle that is dismantled, in whole or in part, or is otherwise damaged, in disrepair, or lacking equipment to the extent that it would be unlawful or unsafe to operate on public streets or highways.

Motor home means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.

Recreational vehicle means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purpose of a business or commercial enterprise.

Road tractor means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.

Semi trailer means any wheeled vehicle, without motive power, designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and that is generally and commonly used to carry and transport property over the public highways.

Trailer means any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry load wholly upon its own structure and that is generally and commonly used to carry and transport property over the public highways.

Trailer coach means a wheeled vehicle having an overall length, excluding towing gear and bumpers, f not less than twenty-six feet, without motive power, that is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and that may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle.

Truck means any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways.

Truck tractor means (1) any motor vehicle carrying cargo that is generally and commonly designed and used to draw, and is drawing, a semitrailer or trailer and its cargo over the public highways, or (2) any motor vehicle not carrying cargo that is generally used to draw semitrailer or trailer and its cargo load over the public highways.

Utility trailer means any wheeled vehicle weighing two thousand pounds or less, without motive power, which is designed to be drawn by a motor vehicle ad which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads or trash and rubbish, or not to exceed two horses over the public highways.

Section 17. All sections, subsections, and definitions of Article 10 not expressly amended or modified herein remain in full force and effect.

Section 18. As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted after the initial reading. This Ordinance shall be in full force and effect five days after its final publication, as provided in City Charter Section 5.8, except as set forth herein.

INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED THIS 2nd DAY OF May 2023.

CITY OF BRIGHTON, COLORADO

/s/ GREGORY MILLS, Mayor

ATTEST:

/s/ NATALIE HOEL, City Clerk

APPROVED AS TO FORM:

/s/ MICHAEL DAVIS, Assistant City Attorney

Legal Notice No. BSB2428

First Publication: May 11, 2023

Last Publication: May 11, 2023

Publisher: Brighton Standard Blade Public Notice

ORDINANCE NO.

INTRODUCED BY: Green

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ADDING A SUB-SECTION TO BRIGHTON MUNICIPAL CODE SECTION 13-16-70 REGARDING WASTEWATER FEES

WHEREAS, the City of Brighton (“City”) is a home rule municipality that provides wastewater services to its residents; and

WHEREAS, authority is granted by the Charter to the governing body of the City of Brighton to assess fees and charges for services provided by the City; and

WHEREAS, the City Council entered into a Sewage Treatment and Disposal Agreement with Metro Water Recovery (“Metro”), formerly known as Metro Wastewater Reclamation District, to treat wastewater flows for a western portion of the City in 2009 and has been transferring some wastewater flows to Metro since the time a connection was built; and

WHEREAS, pursuant to the agreement with Metro, the City was required to transition all wastewater flows in the western portion of the City that could be served to Metro by 2035 with a large lump sum payment, with the cost increasing annually; and

WHEREAS, the City Council has decided to make the payment to Metro by financing a portion of the costs to save money in the long run and finds that Metro users will contribute to the cost of transferring service by paying a fee; and

WHEREAS, City Council finds that this fee is reasonable, necessary, and shall become effective on the date specified herein.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS:

Section 1. Section 13-16-70 shall be amended with the addition of subsection (f) as follows:

(f) All Metro Water Recovery wastewater users shall be assessed a monthly fee of three dollars ($3.00) for residential properties and six dollars ($6.00) for multi-family residential property. All other users shall be assessed a monthly fee based on tap size as follows:

1) ¾ inch $ 6.00

2) 1 inch $ 14.40

3) 1 ½ inch$ 33.00

4) 2 inch $ 60.00

5) 3 inch $129.00

6) 4 inch $258.00

7) 6 inch $654.00

Section 2. The fee established in Section 13-1670(f) shall be effective January 1, 2024.

Section 3 As provided in City Charter Section

5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect five days after its final publication, as provided in City Charter Section 5.8, except as set forth herein.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 2nd DAY OF May 2023.

CITY OF BRIGHTON, COLORADO

/s/ GREGORY MILLS, Mayor

ATTEST: /s/ NATALIE HOEL, City Clerk

APPROVED AS TO FORM:

/s/ ALICIA CALDERÓN, City Attorney

Legal Notice No. BSB2426

First Publication: May 11, 2023

Last Publication: May 11, 2023

Publisher: Brighton Standard Blade

Public Notice

ORDINANCE NO.

INTRODUCED BY: Blackhurst

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CHAPTER 6 – ANIMALS, OF THE BRIGHTON MUNICIPAL CODE

WHEREAS, the City of Brighton (the “City”) has the power and authority to make and publish ordinances which are necessary and proper to preserve the health, safety, and welfare of the citizens the City not inconsistent with the laws of the State; and

WHEREAS, City staff has recommended certain updates to Chapter 6 of the Brighton Municipal Code which to the care and treatment of animals within the City; and

WHEREAS, the City Council finds and determines that the proposed amendments to the Brighton Municipal Code shall enhance, protect, and otherwise further the public health, safety, and welfare of the citizens of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS:

Section 1. The following definitions set forth in Section 6-4-10 are hereby amended as follows:

Section 6-40-10. Definitions

Animal Shelter means the Riverdale Animal Shelter, which is hereby designated by the City as a facility for the boarding and disposition of any animal impounded under the provisions of this Article or any other ordinance or law of the State. The City may designate other facilities as necessary for the boarding of impounded livestock, wildlife or exotic species that the shelter is unable to confine safely or humanely.

Community cat means a free-roaming cat that may be feral but is not wildlife, and who may be cared for by one or more residents of the immediate area, whether those resident(s) are known or unknown, and who are distinguishable from domestic cats because they are less socialized to humans and are unadoptable.

Community cat caregiver means a person who, in accordance with a good faith effort to conduct trap-neuter-return, provides care to a community cat, including food, shelter or medical care. A community cat caregiver is not the owner and/or custodian of the community cat(s).

Custodian means any person who is in possession of, or is keeping, harboring or caring for any animal three (3) or more days in length excluding community cat caregivers.

Eartipping means the removal of the distal onequarter of a community cat’s left ear, which is appropriately 3/8 inch, or 1 centimeter, in an adult and proportionally smaller in a kitten. Eartipping is performed under sterile conditions while the community cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian.

Running at large means any pet animal, domesticated animal, or livestock off the premises of the owner or custodian and not under the effective control of the owner or custodian, by means of a leash, cord, or chain not more than ten (10) feet in length, except that for the purpose of this definition, the premises of the owner or custodian shall not include the common areas of condominiums, townhouses, duplexes, and apartment buildings/ complexes, and any animal not under the effective control as stated above of its owner or custodian upon the common area of a condominium, townhouse, duplex or apartment building/complex, or the grounds thereof shall be deemed to be running at large.

Trap-Neuter-Return or “TNR” means the nonlethal process of humanely trapping, sterilizing, vaccinating for rabies, eartipping, and returning community cats to their original location.

Section 2. Section 6-4-15(b) and (e) is hereby amended as follows:

Section 6-4-15. Powers and duties of animal control officers.

(b)Animal control officers are hereby designated as peace officers and shall be authorized to issue, sign, and serve summonses and complaints in order to enforce the provisions of this Chapter, or any other provisions of this Code or law of the State pertaining to animals.

(e) Notwithstanding Section 6-4-15(d) above, if the animal control officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the animal control officer shall have the right to immediately enter and inspect the property or vehicle in or upon which the animal is kept, and may use any reasonable means required to effect such entry and make such inspection, whether the property or vehicle is occupied or unoccupied. The animal control officer shall first present proper credentials to the owner or occupant of the property or vehicle, demand entry, and explain the reasons and the purpose for the inspection.

Section 3. Section 6-4-60 is hereby repealed and reserved.

Section 4. Section 6-12-120(a)(2) is hereby amended as follows:

Sec. 6-4-120. Reporting of animal bites and confinement.

(a) Confinement of animals which have bitten persons.

(2)Confinement may be on the property of the owner or custodian if deemed appropriate in the discretion of the animal control officer, but confinement must be within the City limits for a minimum of ten (10) days. If the owner or custodian agrees to confinement on his, her, or their property, the owner or custodian is consenting to unannounced inspections by animal control officer, code enforcement officers, or police officer during those confinement days for the purpose of making sure the owner or custodian is complying with the confinement requirements. If not confined on the premises of the owner or custodian, confinement will be at the animal shelter, or in any veterinary hospital or licensed boarding kennel within, or in proximity to, the City limits. Such confinement shall be at the expense of the owner or custodian. In the case of animals whose owner or custodian cannot be located, such confinement shall be at the animal shelter.

Section 5. Section 6-12-120(b) is hereby amended as follows:

(b) Owners required to produce animals which have bitten persons. The owner or custodian of any animal that has been reported as having inflicted a bite which caused an abrasion of the skin of any person shall, on demand of any animal control officer, code enforcement officer, or police officer, produce said animal for examination and confinement, as prescribed in this Section. If the owner or custodian of any such animal refuses to produce the animal, the owner or custodian shall be in violation of this Chapter and subject to immediate arrest if there is probable cause to believe that the animal has inflicted a bite upon a person and that the owner or custodian is in possession of the animal and is hiding or refusing to produce the animal upon such demand. Such persons shall be taken before a Judge of the Municipal Court, who may order the immediate production of the animal. If the owner or custodian of such animal shall knowingly hide or refuse to produce the animal, each day of refusal to produce the animal shall constitute a separate and individual violation of this Chapter. It shall be unlawful to give away, sell, or remove any such animal from the City, or to destroy such animal before it can be properly confined by the animal control officer.

Section 6. Section 6-4-200 is hereby amended as follows:

Sec. 6-4-200. Vicious animal.

(a) No person shall keep, possess, care for, maintain, or harbor a vicious animal within the City. A vicious animal is any animal that, without intentional provocation, at any place within the City:

(1) Causes bodily injury to any person or other animal;

(2) Approaches any person or other animal in a menacing or terrorizing manner, or in an apparent attitude of attack while off the owner’s or custodian’s property; or

(3) Goes on another person’s property and attacks any person or other animal who is lawfully on that owner’s or custodian’s property.

(b)It shall be an affirmative defense to charges under this Section if the victim of the attack has made an unlawful entry into the dwelling or enclosed premises of the owner or custodian or was bitten during the commission of a crime against the owner or custodian.

(c) Impoundment of animals whose owners or custodians have been cited for violation of this Section shall be at the discretion of the animal control officer.

(d) Nothing in this Chapter shall be construed to prevent the animal control officer from taking whatever action is reasonably necessary to protect his or her person or other members of the public from injury or damage, including immediate destruction of any vicious animal without notice to the owner or custodian.

(e) The keeping of bees shall be in accordance with Section 6-4-900, Urban agriculture and small animal husbandry, of this Code, as the same shall be amended, and the provisions of this Division 3 of Article 6-4 shall not apply to the keeping of bees.

Section 7. Section 6-4-210 is hereby amended as follows:

Sec. 6-4-210. Aggressive animal.

(a) No person shall keep, possess, care for, maintain, or harbor an aggressive animal within the City. An aggressive animal is any animal that, without intentional provocation, at any place within the City:

(1) Harasses any person by encroaching onto public property or the property of another from the property of the animal’s owner or custodian in a menacing or terrorizing manner, or in an apparent attitude of attack; or

(2) Attacks, injures, or kills another animal while off the animal owner’s or custodian’s property.

Section 8. Section 6-4-230 is hereby amended as follows:

Sec. 6-4-230. Running at large and unlawful tethering.

(a) It shall be unlawful for the owner or custodian of any animal to permit such animal to be running at large, as defined in Section 6-4-10 of the Brighton Municipal Code. This section does not apply to community cats.

(b) This Section shall not apply to areas designed by the City as dog training areas. Within designated dog training areas, owners and custodians may allow dogs to exercise or undergo training off leash, under the supervision of a person competent to control such dog by hand or voice commands.

(c) Unlawful tethering. It shall be unlawful to tether any animal on any property other than that of the owner or custodian without prior written permission of the property owner or occupant, or to allow any animal tethered on the property of the owner or custodian to have access to property other than that of the animal owner or custodian.

(d) Any animal deemed running at large or unlawfully tethered that is injured on public property or property other than that of the owner or custodian without permission of the property owner or occupant shall be removed by the animal control officer and given any stabilizing veterinary treatment deemed reasonable and humane under shelter guidelines, pending notification of the owner or custodian. The animal’s owner or custodian of such animal shall be liable for all veterinary expenses and impoundment fees.

(e) If any animal deemed running at large or unlawfully tethered dies on public property or on property other than that of the owner or custodian, it may be removed by an animal control officer. The animal’s owner or custodian shall be responsible for disposal fees established by the animal shelter in addition to penalties for violation of this Section.

(f) Any impounded dog or cat who has been found running at large shall be required to be microchipped.

Section 9. Section 6-4-430 is hereby amended as follows:

Sec. 6-4-430. Death of animals.

Any dead animal shall be disposed of by the owner or custodian within twenty-four (24) hours of death by burial, incineration in a State-approved facility, rendering, or other State-approved means. It shall be unlawful for any person to dump or abandon any dead animal on any public or private property.

Section 10. Division 7 of Article 6-4 is hereby repealed in its entirety and replaced with the following:

Sec. 6-4-600. Impoundment of animals at large.

(a) Impoundment. Any animal found running at large may be taken up by any person or by an animal control officer and impounded at the animal shelter by such person or officer. As soon as practicable after impoundment, a bona fide effort shall be made to give notice of impoundment to the owner. If, after a bona fide effort to locate the owner, he or she cannot be identified and the animal is not claimed within five days, the animal shelter may dispose of the animal by sale, adoption, donation, or destruction at the sole discretion of the animal shelter. If the owner is identified and the impounded animal is not claimed by its owner within five days after the owner is given notice, the animal may be disposed of by sale, adoption, donation, or destruction at the sole discretion of the animal shelter. If the owner of an unclaimed animal is known, such owner shall be held responsible for any costs incurred related to the impoundment, keeping, or disposal of the animal. a. Trap-Neuter-Return (“TNR”) shall be permitted to be practiced by community cat caregivers, as defined in Section 6-40-10, organizations, and animal control, in compliance with any applicable federal or state law. As part of TNR, spay or neuter and vaccination for rabies shall take place under the supervision of a licensed veterinarian. b. A trapped eartipped cat will be released on the site where trapped unless veterinary care is required. An eartipped cat received by a shelter or animal control will be returned to the location where trapped unless veterinary care is required. c. Community cat caregivers may reclaim impounded community cats without proof of ownership solely for the purpose of carrying out TNR or returning eartipped community cats to their original locations. d. A community cat caregiver who returns a community cat to its original location while conducting TNR does not impermissibly abandon the cat. e. TNR shall be the preferred disposition for impounded community cats. Animal control facilities and shelters shall be authorized and encouraged to conduct TNR or to direct impounded community cats to a TNR program.

(b) Claiming impounded animals. Any animal impounded pursuant to this section shall be released to the owner upon payment, including setting up a payment plan, of the impound fee, boarding fee, veterinary care charges, and any other costs associated with the impoundment.

(c) Emergency medical treatment. 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. The Court may allow the release of the animal to the owner with a payment plan, and the officer may allow release of the animal with the owner assuming responsibility for all veterinary care received.

(d) Presumptive proof of ownership. A valid rabies vaccination certificate for the 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.

(e)Cats at large.

(1)The animal control officer may seize any cat, whether a community cat or domestic cat, which is found strayed or running at large in any public highway, street, public way, or upon public property.

(2)The animal control officer may impound any community cat in response to a complaint verified by an animal control officer related to damage or other activity of the community cat that impacts the comfortable enjoyment of an individual’s property. Once a community cat is seized, the animal control officer may turn over the community cat to the animal shelter or to a community cat caregiver for entrance into a Trap-Neuter-Return program if such a caregiver exists.

(3) If a seized cat is found to be a domestic cat, it may be seized pursuant to this Section 6-4-600. If it is unclear whether the cat is a community cat or a domestic cat, the cat may be released to a community cat caregiver or if the shelter finds the cat adoptable, it may be put up for adoption.

Sec. 6-10-610. Impoundment of animals habitually at large.

(1) Any animal found running at large on three or more occasions in any 12-month period shall be deemed an animal habitually at large and shall be impounded by an animal control officer or police officer at the animal shelter.

(2) As soon as practicable after impoundment, a bona fide effort shall be made to give notice of impoundment to the owner.

(3)Any such animal shall be held until a fact-finding dispositional hearing can be held in municipal court to determine its proper disposition pursuant to Section 6-4-620. This dispositional hearing can take place notwithstanding any court action against any person who has been charged with a violation of Section 6-4-230, and any statement made by any person at such a dispositional hearing can be used as evidence in the prosecution’s case-in-chief in any trial procedure.

Sec. 6-4-620. Impoundment and dispositional hearing for animals habitually at large.

(1) When any animal has been impounded pursuant to Section 6-10-610, the owner shall be entitled to a fact-finding dispositional hearing (“dispositional hearing”) within ten days of such impoundment.

(2) If the owner is known, the owner of the animal shall be given written notice by the police depart- ment, animal control officer, or the court. Such notice may be personally served upon the owner of the animal. In lieu of personal service, service may be mad by leaving the notice at the Owner’s usual place of abode with some person over the age of eighteen years residing therein or by mailing the notice to the Owner’s last known address and by posting notice on the Brighton Police Department’s website, at least 72 hours before said hearing.

(3) The dispositional hearing shall be conducted as an administrative hearing before the municipal court, and the formal rules of evidence shall not apply. However, such rules of evidence may be used as a guide for the introduction of evidence.

(4) Trials involving charges resulting in animal seizures shall be given priority on the Municipal Court docket in order to minimize the expense to animal owners or custodians for impoundment and boarding of seized animals.

(5) The court shall allow the parties to present evidence, witnesses, and have the right to crossexamination. Any and all documentary evidence and other data deemed relevant by the municipal judge, including sworn affidavits, shall be received in evidence.

(6) The owner shall have all rights possessed by defendants in judicial proceedings, including the right to be represented by counsel, and the right to compel attendance of witnesses.

(7) At the dispositional hearing, the court shall determine whether or not the owner has proven, by preponderance of the evidence, that the owner has put in place sufficient confinement measures, which secure the animal to avoid future at large violations, and whether the owner can safely maintain the animal so as to prevent future running at large violations. The court shall have the power to determine that the animal be further confined and to order that the owner take specific steps to prevent the animal from running at large. The court may order that any confinement or security measures be inspected by animal control.

(8) Only upon a showing of proof of sufficient confinement measures, which secure the animal to avoid future at large violations, and proof that the owner safely maintain the animal so as to prevent future running at large violations can the court order the animal released to the owner upon the payment of the impound fee, boarding fee, veterinary care charges, and any other costs associated with the impoundment. The owner shall bear the costs of impounding the animal regardless of the results of any municipal charges.

(9) Any animal held pursuant to court order may be disposed of by the animal shelter if unclaimed by the owner or custodian more than five (5) business days following issuance of a court order authorizing the release of the animal. The animal owner or custodian shall be liable for all expenses arising from the impoundment and boarding of any animal under a seizure order until the animal is released or otherwise disposed of and must pay a bond according to State law.

(10) If the owner does not appear at the dispositional hearing, the Court shall order the animal surrendered.

Sec. 6-4-630. Impoundment of vicious or aggressive animals.

(1) Any animal reasonably believed to be in violation of Section 6-4-200 or 210 may be taken into custody by an animal control officer or police officer and impounded at the animal shelter, or the animal may be ordered quarantined at the owner’s residence pursuant to Section 6-4-120. If impounded, the animal shall be held in the animal shelter at the owner’s expense pending final disposition of the charge against the owner or by order of the court after a fact-finding dispositional hearing pursuant Section 6-4-640.

(2) Production of animal. It shall be unlawful for any owner of an animal subject to an impoundment under this section to fail to produce the animal, on demand of any animal control officer or police officer, for examination and impoundment. 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 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.

(3) Fees. The owner shall be responsible for the payment of all fees, including impound fee, boarding fee, veterinary care charges, and any other costs associated with the impoundment regardless of the results of any municipal charges.

(4) Any person who shall violate any of the provisions of this section shall be subject to a mandatory court appearance, and upon conviction, be subject to any penalty in Article 1-24.

Sec. 6-4-640. Fact-finding dispositional hearing for aggressive animals.

(1) When any animal has been impounded pursuant to Section 6-4-630, the owner shall be entitled to a fact-finding dispositional hearing (“dispositional hearing”) within ten days of such impoundment.

(2) If the owner is known, the owner of the animal shall be given written notice by the police department, animal control officer, or the court. Such notice may be personally served upon the