HomeMy WebLinkAbout04 - ANIMALS
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Chapter 4
ANIMALS*
Article I. In General
Sec. 4-1. Definitions.
Sec. 4-2. Animal welfare and control commission.
Sec. 4-3. Violations and penalties.
Sec. 4-4. Strict liability of animal owner.
Sec. 4-5. Destruction or seizure on judge's order.
Sec. 4-6. Interference with animal-park enforcement officer.
Sec. 4-7. Records.
Sec. 4-8. Running at large.
Sec. 4-9. Creating a disturbance or nuisance.
Sec. 4-10. Rabies control.
Sec. 4-11. Cruelty or inhumane treatment.
Sec. 4-12. Promotion of fights for exhibition, wager, etc.
Sec. 4-13. Poisoning.
Sec. 4-14. Exotic or wild animals.
Sec. 4-15. vicious animals.
Sec. 4-16. Livestock running at large.
Sees. 4-17-4-30. Reserved.
Article n. Dogs and Cats
Sec. 4-31. Dog and cat licenses.
Sec. 4-32. Confinement of females in heat.
Sec. 4-33. Guard dogs.
Sec. 4-34. Kennel licenses.
Sec. 4--35. Removal of dog feces from certain areas.
Sees. 4-36-4-50. Reserved.
Sec. 4-51.
Sec. 4-52.
Sec. 4-53.
Sec. 4-54.
Sec. 4-55.
Sec. 4-56.
Article m. Impoundment
Animal shelter.
Custody and disposition of impounded animals.
Notice of impoundment to animal owner.
Proceedings against owner.
Immediate destruction when deemed in public interest.
Fees.
"'Cross reference-Protection of wildlife, S 16-64.
State law references-Home rule powers, CoL Canst. Art. XX, ~ 6; municipal authority to regulate animals, C.R.S. ~ 31~15-401
(l)(f), (l)(i), (1)(m).
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ANlMAIB
ARTICLE I. GENERAL
Sec. 4.1. 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:
Abandonment means and includes the leaving
of an animal by its owner or owners or other
person or persons responsible for its care or
custody without making effective provisions for
its proper care.
Animal means any animal other than humans.
Animal owner means any person owning, keep-
ing or harboring an animal or animals, or any
competent person having responsibility for the
custody, care, treatment or control of an animal or
animals at the time of a violation of this chapter.
Animal-park enforcement officer means an agent
of the chief of police and an officer of the police
department empowered by the city to enforce the
provisions of this chapter.
Animal shelter means Table Mountain Animal
Shelter, Inc., which is hereby designated by the
city as the facility for the boarding and caring of
any animal impounded under the provisions of
this chapter or any other ordinance or law of the
state.
Common area of condominium, townhouse and
apartment buildings means and includes; but is
not limited to, the yards, grounds, patios, garden
areas, play areas, clubhouses, swimming pools,
sidewalks, walkways, common garage areas,
entryways, hallways, and driveways of condomin-
ium, townhouse and apartment buildings, or of
condominium, townhouse or apartment building
complexes.
Dog means any animal of the speciesCanis
familiaris, regardless of sex.
Dog owner means any person owning, keeping
or harboring a dog or dogs, or any competent
person having responsibility for the custody, care,
treatment or control of a dog or dogs at the time of
a violation of this chapter.
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Guard dog means a dog trained to protect
persons or property by attacking or threatening to
attack any person found within the area patrolled
by the dog. This dog must be registered with the
city as a guard dog.
Mistreatment means every act or omission which
causes or unreasonably permits the continuation
of unnecessary or unjustifiable pain or suffering.
Neglect means failure to provide food, water,
protection from the elements, opportunity for
exercise, a reasonably safe and healthy living
area or other care normal, usual and proper for an
animal's health and well being.
Running at large means off the premises of the
owner and not under the effective control of that
owner, his agent, servant, or competent member
of his family by means of a leash, cord, or chain
not to exceed six (6) feet in length; except that, for
purposes of this definition, the "premises of the
owner" shall not include common areas of condo-
miniums, townhouses and apartment buildings,
and any animal not in the effective control of its
owner upon the common area of a condominium,
townhouse or apartment building, or the grounds
thereof, shall be deemed to be running at large.
Vicious animal means an animal that
unprovokedly bites or attacks humans or other
animals, or an animal which is not adequately
restrained in an enclosed area that approaches
any person in an apparent attitude of attack or in
a terrorizing or menacing manner.
(Code 1977, !i 4-1; Ord. No. 1990-845,!i 1, 10-8-90;
Ord. No. 1998-1135, !i 3, 11-9-98)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 4-2. Animal welfare and control com.
mission.
The animal welfare and control commission as
established in section 2-56, shall act upon all
matters set forth in this chapter in accordance
with the authority granted them in section 2-56.
(Code 1977, !i 4-2; Ord. No. 1998-1135, !i 2,11-9-
98)
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Sec. 4-3. Violations and penalties.
(a) Any person found to be in violation of the
provision of this chapter shall be guilty of an
unlawful act, and upon conviction shall be pun-
ishable by a fine of not less than twenty-five
dollars ($25.00) and not to exceed one thousand
dollars ($1,000.00), or by imprisonment not to
exceed one year or by both such fine and impris-
onment; provided, however, than no person under
the age of eighteen (18) years shall be subjected to
imprisonment for violation of any provision of this
chapter.
(b) Authority is hereby expressly granted to
the judges of the municipal court to award, as
restitution to any victim of any action specified as
unlawful in this chapter, an amount equal to the
actual damages suffered by the victim and to
order any person found, or pleading guilty to any
such violation, to pay any such restitution as
ordered by the court. Such restitution shall be
determined by the submission of a bill of costs by
the victim to the court on a form approved by the
court, but the court shall be limited in awarding
as such restitution only actual costs incurred by
the victim. Authority is expressly granted to the
court to order such restitution for any and all
costs incurred by public safety and/or emergency
response agencies of the city or other governmen-
tal or quasi-governmental entities in connection
with the initial response to and all subsequent
followup investigation of violation. Any restitu-
tion ordered by the court shall be in addition to
any fine and/or imprisonment authorized by this
Code and shall likewise be applicable to any
situation in which deferred judgment or deferred
sentence is accepted and/or imposed by the court.
(Code 1977, ~ 4-12; Ord. No. 1998-1120, ~ 4,
6-8-98)
Sec. 4-4. Strict liability of animal owner.
For the purposes of prosecution for violation of
any section of this chapter, it shall not be neces-
sary in order to obtain a conviction to prove notice
or knowledge on the part of the owner of the
animal in question that such animal was violat-
ing any of the sections of this chapter at the time
and place charged, it being the purpose and intent
of this section to impose strict liability upon the
Supp. No. 22
animal owner for owning, keeping or harboring
any animal which performs any of the actions or
conduct prohibited by this chapter, or for owning,
keeping or harboring any animal when the condi-
tion of such animal is prohibited by_this chapter.
(Code 1977, ~ 4-11; Ord_ No_ 1990-845, ~ 2, 10-8-
90)
Sec. 4.5. Destruction or seizure on judge's
order.
(a) If a complaint has been filed in the munic-
i pal court of the city against the owner of an
animal for a violation of this chapter, the munic-
ipal judge may, upon making a finding that such
animal is vicious or that it represents a clear and
present danger to the citizens or to other animals
in the community, order such animal to be de,
stroyed in a humane manner. Surrender of an
animal by the owner thereof does not relieve or
render the owner immune from the decision of the
court nor to the fees, fines or other penalties
which may result from a violation or violations of
this chapter.
(b) If an affidavit has been submitted to the
municipal court judge which satisfies the judge
that an animal is located within the city which is
the subject of a violation of this chapter, and that
such animal either poses a clear and present
danger to the health, general welfare or safety of
other persons or animals or is suffering extreme
neglect or cruelty, the municipal court judge may
order such animal seized by a designated officer
or employee ofthe city pursuant to Rule 241 of the
Rules of Procedure for Colorado Municipal Courts.
Animal owners may request a hearing concerning
any such order for seizure by filing an appropriate
motion pursuant to Rule 241(e) of the Rules of
Procedure for Colorado Municipal Courts. The
animal owner shall be liable for all expenses
arising from the impoundment and boarding of
any animal under a seizure order.
(c) Whenever an animal is seized pursuant to
subsection (b) of this section or impounded pur-
suant to this chapter, the animal owner shall be
summoned before the municipal court on the next
scheduled court date following such seizure to
answer any charges arising incident to such sei-
zure. Trials involving charges resulting in animal
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ANIMALS
seizures shall be given priority on the municipal
court docket in order to minimize the expense to
animal owners for impoundment and boarding of
seized animals.
(Code 1977, S 4-22; Ord. No. 1990-845, S 3, 10-8-
90)
Sec. 4-6. Interference with animal-park en-
forcement officer.
It shall be unlawful for any person to interfere
with, molest, hinder, obstruct or disobey a lawful
order from an animal-park enforcement officer or
any other city employee or official while acting in
the discharge of his official duties under this
chapter.
(Code 1977, S 4-24; Ord_ No. 1990-845, 9 4, 10-8-
90)
Cross reference-Duties of animal-park enforcement of-
ficer, ~ 2-33.
Sec. 4-7. Records.
It shall be the duty of the animal-park enforce-
ment officer to keep, or cause to be kept, accurate
and detailed records of the impoundment and
disposition of all dogs coming into the custody of
and of all reports of animal bites reported to the
animal-park enforcement officer.
(Code 1977, 9 4-26)
Sec. 4-8. Running at large.
(a) A person who is a dog owner shall be guilty
of dog at large if such dog runs at large within the
city.
(b) For purposes of sections 4-8(a) and 4-16,
animals injured or killed in the street shall be
considered as running at large; the animal-park
enforcement officer shall remove all such animals
and, at his discretion, take those needing medical
attention to a veterinarian or to the animal shel-
ter. Injured animals may be destroyed humanely
if it is determined by the animal shelter or the
attending veterinarian that the animal has sus-
tained critical injuries, is suffering extreme pain,
and/or has a poor prognosis for recovery. The
animal shelter shall consult with a veterinarian
as to the disposition of injured animals when the
animals' prognosis cannot be ascertained by the
animal shelter with reasonable certainty. The
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animal owner shall be liable for all expenses for
the treatment, impoundment and/or destruction
of any animal. The city and any of its employees,
the animal shelter and any ofits employees, and
any veterinarian consulted shall be immune from
liability for any actions taken pursuant to this
subsection (b).
(Code 1977, S 4-4; Ord. No. 1990-845, S 5, 10-8-90)
Sec. 4-9. Creating a disturbance or nuisance.
(a) It shall be unlawful for any animal owner
to allow any animal or animals to create a nui-
sance.
(b) For the purpose of this section, a "nui-
sance" shall be defined as being created by an
animal's: creating a disturbance by frequent, ha-
bitual and unprovoked howling, barking or other
unreasonable noise; causing of offensive odors;
dangerous nature or character; or any other con-
duct or .condition which disturbs the peace, safety
or comfort of any neighborhood, or interferes with
any person in the reasonable and comfortable
enjoyment of life and property. It shall not be a
defense to a violation of this section that the
animal owner was not available to remedy such
violation.
(c) For purposes of this section, persons cannot
provoke the howling, barking or other unreason-
able noise of an animal by the ordinary or reason-
able use of private properties; public roadways
sidewalks, or alleyways; or common areas of con-
dominiums, townhouses or apartment buildings.
(d) An animal-park enforcement officer or other
employee or official of the city may impound an
animal or animals pursuant to section 4-52 if the
officer, employee or official, after making reason-
able efforts to locate the animal owner, reason-
ably believes that impoundment constitutes the
only available alternative for restoring the peace,
comfort, safety or health ofthe neighborhood. The
animal owner shall be liable for all expenses
arising from such impoundment.
(Code 1977, 9 4-4.1; Ord. No_ 1990-845, S 6,
10-8-90)
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See. 4.10. Rabies control.
(a) All dogs and cats over the age of four (4)
months shall be inoculated by a licensed veteri-
narian against rabies. Such inoculation shall be
given at least once each year. An owner acquiring
a dog or cat shall have such dog or cat inoculated
against rabies within ten (10) days after the date
of acquisition, or within ten (10) days after the
dog or cat reaches four (4) months of age, which-
ever occurs last. Any person moving into the city
from a location outside of the city shall comply
with this section within ten (10) days after having
moved into the city.
(b) Any dog, cat or other animal that has
bitten any person shall be immediately confined
for a period of ten (10) days. No animal under
confinement shall be released from confinement
until such release has been approved by the
animal-park enforcement officer.
(c) It shall be unlawful for the owner of any
dog, cat or other animal that has bitten any
person to destroy such animal before it can be
properly confined by the animal-park enforce-
ment officer. The location of such confinement
shall be determined by the animal control com-
mission and shall be at the expense of the owner.
(d) The owner of any animal that has been
reported as having inflicted a bite on any person
shall, on demand of an animal-park enforcement
officer, produce such animal for examination and
quarantine as prescribed in this section. If the
owner, his agent, servant or competent member of
his family, or any custodian of any such animal
refuses to produce such animal, the owner, his
agent, servant or competent member of his family,
or any custodian shall be subject to immediate
arrest if there shall be probable cause to believe
the animal has inflicted a bite upon a person and
the owner, his agent, servant or competent mem-
ber of his family, or any custodian is keeping or
harboring the animal and willfully refuses 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, his agent,
servant or competent member of his family, or any
custodian of such animal shall willfully or know-
ingly secrete or refuse to produce the animal, each
Supp. No. 22
day of secretion or refusal to produce the animal
shall constitute a separate and individual viola-
tion of this section.
(e) When an animal under quarantine has
been diagnosed as being rabid by a licenses vet-
erinarian the veterinarian making such diagnosis
shall immediately notify the county public health
officer and advise him of any reports of human
contact with such rabid dog [animal]. If any
animal under quarantine dies while under obser-
vation, the animal-park enforcement officer or his
agents shall immediately take action to obtain a
pathological and inoculation examination of the
animal. A13 soon asa diagnosis is made available,
the animal-park enforcement~ officer shall notify
the county public health officer of any reports of
human contact with the animal. Any animal which
has not be inoculated against rabies and known to
have been bitten by a rabid animal shall be
humanely destroyed.
(f) Every physician or other medical practitio-
ner who treats a person or persons for bites
inflicted by animals shall report such fact to the
animal-park enforcement officer. The veterinar-
ian shall determine, before any rabies inoculation
is given, whether the subject dog [animal] is
under quarantine or has inflicted a bite on any
person within the last ten (10) days.
(g) Any veterinarian who diagnoses rabies in
any animal shall report such fact to the animal
park enforcement officer. The veterinarian shall
determine, before any rabies inoculation is given,
whether the subject dog [animal] is under quar-
antine or has inflicted a bite on any person within
the last ten (10) days.
(b) In case of an outbreak of rabies, constitut-
ing an emergency situation, the mayor shall be
authorized to impose strict regulations pertaining
to animals within the city.
(Code 1977, ~ 4-5)
State law reference-Rabies control, C.R.S. ~ 25-4-601 et
seq.
Sec. 4-11. Cruelty or inhumane treatment.
(a) It shall be unlawful for any person to
commit or cause to be committed any act of
cruelty, harassment, abandonment, torture, mis-
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ANIMALS
treatment or neglect to any animal, or to cause
any animal to be wounded, mutilated, strangu-
lated or inhumanely killed.
(b) For purposes ofthis section, a person com-
mits an act of harassment upon an animal if such
person's conduct or actions causes an animal to
behave as iffrightened, causes the animal displea-
sure or pain, or otherwise causes the animal to
become likely to injure either itself or other per-
sons or animals, or causes the animal to create a
nuisance.
(c) Ownership of the animal in question shall
not be a justifiable defense for acts or conduct
prohibited by this section or for a violation of this
section.
(d) An animal-park enforcement officer or other
employee or official of the city may impound an
animal or animals pursuant to section 4-52 if the
officer, employee or official reasonably believes
that such impoundment is necessary for the health
or safety of any mistreated animal. The animal
owner shall be liable for all expenses arising from
such impoundment or any medical treatment for
the animal during such impoundment.
(Code 1977, (l4-6; Ord. No. 1990-845, (l7, 10-8-90)
State law references-Cruelty to animals, C.R.S. ~ 18-
9-201 et seq.; anthority of city to prohibit cruelty to animals,
C.R.S. ~ 31-15-401(lXi).
Sec. 4-12. Promotion of fights for exhibi-
tion, wager, etc.
It shall be unlawful for any person to cause,
instigate or encourage any animal to fight with
another of its own species or with another of a
different species. It shall be unlawful to maintain
any place where any animals are pennitted to
fight for exhibitions, for wager or for sport.
(Code 1977, (l4-7)
State law reference-Authority of city to prevent dog
and cock fights, C.R.S. ~ 31-15-401(IXO.
Sec. 4-13. Poisoning.
It shall be unlawful for any person to poison
any dog or any other domesticated animal or to
distribute poison in any manner whatsoever with
the intent of poisoning any dog or other domesti-
cated animal.
(Code 1977, (l4-8)
Supp. No. 22
~ 4-14
Sec. 4-14. Exotic or wild animals.
(a) Prohibited. It shall be unlawful for any
person to own, possess, harbor, sell, or in any
other manner traffic in any exotic or wild ani-
mals, that is, any animal that is not a domestic
animal, whether it is a native animal ofthis state
or not.
(b) Exceptions. The animal welfare and control
commission may grant exceptions to this section
for successive periods of time not to exceed twelve
(12) months.
(c) Potbellied pigs:
(1) Any exceptions granted by the animal
control commission for a potbellied pig,
Bus scrofa vittatus, pursuant to section
4-14(b), shall be limited as follows;
a. No more than two (2) potbellied pigs
may be kept at one residence or
location, provided, however, that an
additional pig may be kept for each
one acre of property in excess of the
minimum lot size;
b. Every potbellied pig must be neu-
tered or spayed by the age offour (4)
months;
c. No potbellied pig may weigh more
than one hundred fifty (150) pounds
nor be taller than twenty-two (22)
inches in height;
d. The potbellied pig must be certified
as such by a licensed veterinarian or
be an officially registered potbellied
pig;
e. Penned exterior areas confining pot-
bellied pigs must be no closer than
fifteen (15) feet to a side or rear yard
lot line and no closer than thirty (30)
feet to a residential structure lo-
cated on an adjacent lot;
f. Outdoor enclosures must be kept
clean;
g. Prior to the granting of an exception,
owners must review educational ma-
terials provided by the animal wel-
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WHEAT RIDGE CITY CODE
fare and control commission related
to the care and keeping of potbellied
pigs;
h. The animal welfare and control com-
mission shall adopt rules of proce-
dure related to the review of com-
plaints regarding the keeping of
potbellied pigs for which an excep-
tion has been granted; and
i. The animal welfare and control com-
mission may impose reasonable con-
ditions prior to granting or during
the term of any exception which is
necessary to protect the animal's
health and the safety and enjoyment
of adjacent properties and owners.
(2) The keeping of potbellied pigs, Sus scrofa
vittatus, which is an exotic animal, shall
be permitted in the Agricultural-Two Zone
District and shall not be subject to the
requirements of sections 4-14(b) and (c).
(3) Notwithstanding the requirements of chap-
ter 26, the keeping of an exotic animal for
which the commission has granted an
exception pursuant to this subsection (c)
shall be deemed a lawful use of the af-
fected property.
(d) Specific animals enumerated:
(1) The following are domestic animals:
Aquarium fishes.
Psitocine birds, aviary finches, etc., farm
birds (ducks, geese, swans, poultry).
Domestic rabbit (Oryctolagus cuniculus).
Mongolian gerbil Weriones unguicularus).
Guinea pig (Cavia porceilus).
Hamster (Musorcriectus auratus).
Domestic laboratory mouse (Mus
domesticus).
Domestic laboratory rat (Rattus rattus
Albino strain).
Domestic cat (Felis catus).
Domestic dog (Canis familiaris).
Supp. No. 22
Domestic livestock, including, but not lim-
ited to: Horses, cattle, sheep, goats,
mules, donkeys, burros, llamas, hon-
eybees, and swine (except potbellied
pigs, Sus scrofa vittatus, which is an
imported variety of swine and which
shall be considered exotic animals).
(2) Exotic and wild "nim"ls shall consist of
every other creature within the animal
kingdom.
(Code 1977, ~ 4-9; Ord_ No. 1996-1050, ~~ 1, 2,
10-14-96; Ord. No. 1998-1135, ~ 2, 11-9-98)
Sec. 4.15. Vicious animals.
(a) It is unlawful for any animal owner to
keep, possess or harbor a vicious animal within
the city.
(b) An animaJ.~park enforcement officer or other
employee of the city may impound a vicious ani-
mal if the officer, employee or official reasonably
believes that such animal constitutes a signifi-
cant and immediate threat to the health or safety
of persons, property or other animals in the
neighborhood. If impoundment cannot be made
with safety to the animal,park enforcement of-
ficer or other city employees, official or citizens,
the animal may be destroyed without notice to the
animal owner.
(c) Dogs maintained as guard dogs or placed in
an enclosed area for protection of persons or
property in compliance with section 4-33 shall not
be included under this section so long as such
dogs remain confined to a specific area under
complete and absolute control. It shall not be a
defence to a violation under this section that the
dog was restrained by a leash, cord or chain at the
time the dog caused the violation to occur.
(Code 1977, ~ 4-9.1; Ord. No. 1990-845, ~ 8,
10-8-90)
Sec. 4-16. Livestock running at large.
Any person who is an owner or custodian of any
horses, livestock or other animals generally re-
garded as farm or ranch animals shall be guilty of
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ANIMALS
livestock at large if any of such horses, livestock
or other farm or ranch animals runs at large
within the city.
(Code 1977, S 4-10; Ord. No. 1990-845, S 9, 10-&
90)
State law reference-Authority to regulate and prohibit
the running at large of animals, CRS. ~ 31-15-401(lXmXD.
Sees. 4-17-4-30. Reserved.
ARTICLE n. DOGS AND CATS*
Sec. 4-31. Dog and cat licenses.
(a) Territorial application. The provisions of
this section shall apply to all dogs and cats, and
all owners of all dogs and cats present within the
jurisdictional boundaries of the city regardless of
whether the owner or keeper of the dog or cat
resides within the city.
(b) Vwlations and penalty. Any dog or cat
owner who violates any of the provisions of this
section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine
of not more than one thousand dollars ($1,000_00).
(c) Required; described. A license is required
for all dogs or cats in this city as follows: A valid
dog or cat license shall be a current Mile-Hi rabies
tag and registration certificate.
(d) Wearing of tag; availability of certificate. A
current and valid Mile-Hi rabies tag shall be worn
on a collar or harness by the dog at all times. A
current and valid registration certificate, as above-
described, shall be kept in the possession of the
owner of any dog or cat within the city, and such
registration certificate or a copy of it shall be
produced or producible by the owner as proof of
current registration in the event of loss of the
correspondingly numbered tag.
(e) When to obtain license-Initially. A dog or
cat owner shall obtain a license as above-de-
scribed for his dog or cat within ten (10) days after
the dog or cat reaches four (4) months of age, or
within ten (10) days after the dog's or cat's first
permanent teeth appear, whichever comes first.
"'State law reference-Impoundment authority of cities,
C.R.S. ~ 31-15-401(IXm).
Supp. No. 22
~ 4-32
(f) Same-Renewal. The owner of any dog or
cat shall have his dog or cat relicensed annually
with a Mile-Hi rabies tag and registration. Such
Mile-Hi rabies tag and registration certificate
shall be considered current for a tWelve-month
period from the date of issue.
(g) Obtainment from licensed veterinarian.
Mile-Hi rabies tags and registration certificates
are only to be issued by and obtained from veter-
inarians currently licensed to practice veterinary
medicine in the state after vaccination of the dog
or cat with a U.S.D.A. licensed rabies vaccine.
(h) New residents. New residents of the city
may be issued a current Mile-Hi rabies tag and
registration certificate for their dog or cat by a
veterinarian licensed to practice in the state,
upon proof of having had the dog or cat vaccinated
for rabies by a licensed veterinarian with a U.S.DA.
licensed rabies vaccine within the last twelve (12)
months.
(i) Nontransferability. No person shall affix to
the collar or harness of any dog or cat, or permit
to remain affixed, a Mile-Hi rabies tag evidencing
licensing and vaccination except for the specific
dog or cat for which the tag was assigned at the
time the tag was issued.
(Code 1977, SS 4-13, 4-14; Ord. No. 1990-845, S 10,
10-8-90; Ord_ No. 1998c1120, S 3, 6-8-98)
Sec. 4-32. Commement of females in heat.
(a) Any unspayed female dog in the state of
estrus (heat) shall be confined during such period
of time in a house, building or secure enclosure,
and such area of enclosure shall be so constructed
that no other dog or dogs may gain access to the
confined animal.
(b) The animal-park enforcement officer shall
order the owner of any unspayed female dog that
is in the state of estrus (heat) and that is not
properly confined or any such dog that is creating
a neighborhood nuisance to remove such dog to a
boarding kennel, to a veterinary hospital or to the
animal shelter. All expenses incurred as a result
of the confinement shall be paid by the owner.
Animals removed to the animal shelter shall be
charged at the rate established for routine con-
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finement by the city. No impoundment fee shall be
made on such dogs voluntarily confined by the
owner, but a fee for boarding may be charged.
(c) A dog owner's failure to comply with an
order of the animal-park enforcement officer to
confine a female dog in the state of estrus (heat)
shall be a violation of this provision, and the
animal-park enforcement officer may then im-
pound such female dog as prescribed in this
chapter. The dog owner shall be liable for all
expenses arising from any impoundment or con-
finement under this section.
(Code 1977, ~ 4-15; Ord_ No. 1990-845, ~ 11,
10-8-90)
Sec. 4-33. Guard dogs.
It shall be unlawful for any person to place or
maintain guard dogs in any area for the protec-
tion of persons or property unless the following
conditions arenmet:
(1) The dogs shall be confined to an enclosed
area adequate to ensure they will not
escape; or
(2) They shall be under the absolute control
of a handler at all times; and
(3) Warning signs shall be conspicuously
posted indicating the presence of guard
dogs, and such signs shall plainly show a
telephone number where some person re-
sponsible for controlling such dogs can be
reached at all times; and
(4) Prior to the posting of guard dogs on any
property, the person or persons responsi-
ble for the posting shall inform the super-
vising animal-park enforcement officer in
writing of their intention to post such
dogs, the number of dogs to be posted, the
location where such dog or dogs will be
posted and the approximate length oftime
such dog or dogs will be patrolling the
area.
(Code 1977, ~ 4-17)
Sec. 4.34. Kennel licenses.
(a) No person, group of persons or business
entity shall own, keep or harbor more than three
(3) dogs or four (4) cats of more than six (6)
Supp. No. 22
months of age or engage in the commercial busi-
nessofbreeding, buying, selling, trading, training
or boarding cats or dogs without having obtained
a kennel license from the chief of police.
(b) Kennel licenses must be renewed every
year between January 1 and March 1. No kennel
license shall be issued until a recommendation of
approval has been obtained from the animal wel-
fare and control commission.
(c) The yearly license fee for kennels shall be
as established by the commission by resolution.
(d) This section shall not apply to and will not
be construed to require a kennel license for a
licensed veterinarian to operate an animal hospi-
tal.
(e) This section shall not apply to and will not
be construed to require a kennel license for any
pet shop which sells animals of less than six (6)
months of age.
Any person or business applying for or holding
a kennel license must be currently licensed by the
State of Colorado. Pursuant to the Pet Animal
Care and Facilities Act, C.R.S. ~~ 35-80-101-35-
80-117.
The issuance of a new kennel license shall be
based on the following minimum requirements:
Application for a new kennel license or for
transfer of an existing license shall be made to
and a recommendation of approval obtained from
the commission. The application shall include a
detailed description of the property to be licensed.
The commission may require a public hearing
before a new kennel license is recommended for
approval. The hearing shall be posted and pub-
lished in the same manner as in section 26-6.
The animal welfare and control commission
shall have the authority to conduct a hearing to
consider whether to recommend that the chief of
police grant a variance to subsection (a) above as
to the number of animals pennitted and the
commission shall inform the chief of police of its
decision.
The recommendation of the commission shall
be forwarded to the chief of police, who shall act to
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ANIMALS
approve, approve with conditions, or deny the
application within thirty (30) days of the
commission's recommendation.
The chief of police may promulgate rules and
regulations to establish minimum standards for
the care and treatment of animals at any facility
licensed under this section, after review and ap-
proval by the animal welfare and control commis-
sion.
Animal park enforcement officers or any agent
of the chief of police have the authority to inspect
any licensed facility under this section during
normal posted business hours.
Violations of any of this section may be brought
before the animal welfare and control commission
for review, and a hearing may be initiated by the
commission for suspension, revocation or
nonrenewal of the kennel license. The animal
welfare and control commission may recommend,
and the chief of police may revoke, suspend or not
renew a license for failure to comply with any of
the requirements of this section. No such action
may be taken without prior notice to the licensee
and an opportunity for the licensee to present
evidence and testify. No decision by the chief of
police under this section shall bind, alter, or affect
a subsequent decision on a subsequent applica-
tion, either for a new kennel license or for renewal
of an 'existing license. Nothing in this section
shall affect the independent authority of appro-
priate city officials to take action with respect to
vicious animals, threats to public safety, or the
enforcement of any other provision ofthis Code of
Laws.
(Code 1977, S 4-3; Ord. No. 1998-1135, S 4, 11-9-
98)
Sec. 4.35. Removal of dog feces from certain
areas.
When any dog defecates upon any property not
belonging to its owner or keeper, including the
private properties of others, public streets, parks,
sidewalks and alleyways, or the common areas of
condominiums, townhouses or apartments, it shall
be unlawful for the owner or keeper of such dog to
fail to remove and dispose of such feces promptly.
(Ord. No. 1990-845, S 12, 10-8-90)
Supp. No. 22
~ 4-52
Sees. 4-36-4-50. Reserved.
ARTICLE m. IMPOUNDMENT
Sec. 4-51. Animal shelter.
The animal shelter is hereby designated by the
city as the facility for the boarding and caring of
any animal impounded under the provisions of
this chapter or any other ordinance of the city or
under any law of the state.
(Code 1977, S 4-18; Ord. No. 1990-845, S 13,
10-8-90)
Sec. 4-52. Custody and disposition of im-
pounded animals.
(a) Whenever any provision of this chapter, the
ordinances of the city or state statutes provide
that an animal may be taken into custody or
impounded by animal-park enforcement officers,
or employees or agents of the city, this section
shall also apply.
(b) Whenever an animal-park enforcement of-
ficer or other employee or agent of the city im-
pounds an animal, such animal shall be im-
pounded in a humane manner for a period of not
less than five (5) days following the date of notice
to the animal owner of such impoundment pursu.
ant to section 4-53; any animal so impounded
which is not claimed within said five-day period
may be disposed of by sale, donation or destruc-
tion at the sole discretion of the animal shelter.
(c) No animal shall be destroyed before the
lapse of five (5) days following notice of impound-
ment pursuant to section 4-53, unless the animal
shelter determines that the animal is critically ill
or injured, is suffering extreme pain, and/or has a
poor prognosis for recovery. The animal shelter
shall consult with a veterinarian as to the dispo-
sition of injured animals, when the animal's prog-
nosis cannot be ascertained by the animal shelter
with reasonable certainty. The owner of any im-
pounded animal shall be responsible for the pay-
ment of such boarding and impoundment fees
established by the animal shelter. The city and its
employees, the animal shelter and its employees,
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and any veterinarian consulted shall be immune
from liability for any actions taken pursuant to
this section.
(d) Notwithstanding the foregoing, whenever
an animal is impounded by order ofthe municipal
court or other court, the animal shelter shall not
sell, donate or destroy such animal unless such
action is permitted by a subsequent order of the
same court which ordered the initial impound-
ment.
(Code 1977, ~ 4-19; Ord. No. 1990-845, ~ 14,
10-8-90)
Sec. 4.53. Notice of impoundment to animal
owner.
(a) Whenever an animal-park enforcement of-
ficer, other city employee or official impounds an
animal pursuant to this chapter, any ordinance of
the city or state statutes, such animal-park en-
forcement officer or employee or official shall, as
soon as possible after impoundment, notify the
owner of such impoundment. If the identity of the
animal owner is known, such notice shall be
adequate if directly communicated by the officer,
employee or official, either orally or in writing, to
the animal owner either personally or by tele-
phone. Personal service of a summons and com-
plaint upon an animal owner for a violation of this
chapter or other ordinances of the city shall
constitute adequate written notice of impound-
ment.
(b) If the identity of the animal owner is known,
but such animal owner cannot be located promptly
for personal communication, the officer, employee
or official of the city shall post a written notice of
impoundment in a conspicuous place at the last
known address of the animal owner. Such notice
of impoundment shall specifY the date, time and
location ofthe impoundment and the reason such
impoundment was deemed necessary. The notice
shall also specify the date and time on which the
notice was posted and inform the animal owner
that the impounded animal must be claimed
within five (5) days of the such date and time or
the animal may be sold, donated or destroyed
without further notice. In addition, such notice
shall include the name, address and telephone
number of the facility at which the animal is
Supp. No. 22
confined and inform the animal owner that ani-
mal owners must pay all expenses arising from
the impoundment and confinement, including med-
ical expenses if any, in order to claim the im-
pounded animal. The officer, employee or official
of the city shall retain a copy of the notice of
impoundment for the city's records and deliver
another copy of the notice of impoundment to the
facility at which the animal is confined.
(c) If the identity of the animal owner is un-
known, the animal-park enforcement officer or
other employee or official of the city shall make a
reasonable attempt to locate and identify the
animal owner and, if such owner is found, to
notify the animal owner of the impoundment
pursuant to either subsection (a) or (b) of this
section.
(Code 1977, ~ 4-20; Ord. No. 1990-845, ~ 15,
10-8-90)
Sec. 4.54. Proceedings against owner.
If an "nim,,] is impounded, the animal-park
enforcement officer may institute proceedings in
the municipal court of the city on behalf of the city
against the owner, if known, charging such owner
with a violation of this chapter. Nothing herein
shall be construed as preventing the animal-park
enforcement officer from instituting a proceeding
in the municipal court for violation of this section
where there has been an impoundment.
(Code 1977, ~ 4-21)
Sec. 4.55. Immediate destruction when
deemed in public interest.
(a) Nothing in this chapter shall be construed
to prevent the immediate destruction of any vi-
cious dog or other vicious animal when deemed
necessary in the interest of public safety by the
animal-park enforcement officer or any other law
enforcement personnel, or by any other person
under circumstances where a significant and im-
mediate threat to the health or safety of a person
or other animal exists.
(b) Nothing in this chapter shall be construed
to prevent the immediate destruction of any do-
mestic or wild animal when a veterinarian, animal-
park enforcement officer or other law enforce-
ment officer has determined that such animal is
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critically ill or injured, is suffering extreme pain
and/or has a poor prognosis for recovery. The city
and its employees, and any veterinarian con-
sulted, shall be immune from liability for any
actions taken pursuant to this subsection (b).
Moreover, nothing in this chapter shall be con-
strued to limit or restrict a person's ability to
protect life and property pursuant to C.R.S. ~~
106(3) and 33-6-107(9) (as amended) or to limit or
restrict the authority of any person working for
the Colorado Division of Wildlife, or at the direc-
tion of an employee from the Colorado Division of
Wildlife.
(Code 1977, ~4-23; Ord_ No. 1990-845, ~ 16,
10-8-90)
Sec. 4-56. Fees.
Any animal impounded under the provisions of
this chapter shall not be released until the owner
of such animal shall have paid all fees and charges
due. Impoundment fees and boarding fees are to
be established by the animal shelter.
(Code 1977, ~ 4-25)
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ANIMALS
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