HomeMy WebLinkAboutOrdinance 1840 - Animal Code Updates1
CITY OF WHEAT RIDGE, COLORADO REV 6.15.26
INTRODUCED BY COUNCIL MEMBER HULTIN
COUNCIL BILL NO. 07
ORDINANCE NO. 1840
Series 2026
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE MUNICIPAL
CODE CONCERNING ANIMAL WELFARE AND REGULATIONS FOR
THE SAME
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, the Council previously adopted and amended Chapter 4 of the Wheat
Ridge Code of Laws (the “Code”) concerning animals; and
WHEREAS, the Council also previously adopted and amended Chapter 26 of the
Code which also contains provisions concerning animals; and
WHEREAS, the Council now wishes to further amend Chapters 4 and 26 of the Code concerning the regulation and welfare of animals within the City and provide for
administrative enforcement of the same; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on
February 19, 2026, and voted to recommend approval of the Chapter 26 amendments.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. The following sections of Chapter 4 of the Code are amended as
follows:
Sec. 4-1. Definitions.
[…]
Aggressive dog means any dog that (1) approaches any person, without provocation, in a menacing manner or in an attitude of attack, whether or not an attack actually
occurs; (2) inflicts a puncture wound, abrasion, or other wound caused by the dog's
teeth upon a person or domestic animal, but the injury does not meet the definition of bodily injury or serious bodily injury; or (3) in an attacking manner encroaches
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over, through, or under a fence onto public property or the private property of
another.
AGGRESSIVE ANIMAL:
i. ANIMALS THAT APPROACH ANY PERSON, WITHOUT PROVOCATION, IN A
MENACING MANNER OR WITH AN APPARENT ATTITUDE OF ATTACK,
WHETHER OR NOT AN ATTACK ACTUALLY OCCURS, INCLUDING ANIMALS
THAT ARE NOT ADEQUATELY RESTRAINED WITHIN AN ENCLOSED AREA;
ii. ANIMALS THAT, IN AN ATTACKING MANNER, ENCROACH OVER, THROUGH, OR UNDER A FENCE ONTO PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF
ANOTHER;
iii. ANIMALS THAT INFLICT A PUNCTURE WOUND, ABRASION, OR OTHER INJURY
ON A PERSON OR DOMESTIC ANIMAL, BUT THE INJURY DOES NOT MEET THE
DEFINITION OF BODILY INJURY OR SERIOUS BODILY INJURY;
[…]
DANGEROUS ANIMALS:
i. ANIMALS THAT INFLICT OR CAUSE BODILY INJURY, SERIOUS BODILY INJURY
UPON A PERSON, OR DEATH UPON A PERSON OR DOMESTIC ANIMAL;
ii. ANIMALS THAT ENGAGE IN OR HAVE BEEN TRAINED FOR ANIMAL FIGHTING;
iii. ANIMALS THAT HAVE BEEN DETERMINED BY A COURT OF RECORD WITHIN
THE STATE OF COLORADO TO BE A VICIOUS OR DANGEROUS ANIMAL AND FOR
WHOM THE OWNER DOES NOT COMPLY WITH THE CONDITIONS IMPOSED BY
STATE STATUTE, LOCAL ORDINANCE, OR COURT ORDER FOR OWNERSHIP OF
SAID ANIMAL.
[…]
Vicious animal means an animal, other than a dog, 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.
Sec. 4-8. Running at large;.
(a) A person who is a dog AN ANIMAL owner shall be guilty of dogANIMAL at large if such dogANIMAL runs at large within the City. ANIMALS PRESENT ON REAL
PROPERTY OWNED BY THE OWNER OR PERSON RESPONSIBLE FOR THE
ANIMAL SHALL NOT BE CONSIDERED AT LARGE.
(b) . . .
(c) The city council may, from time to time, direct the creation, alteration and removal of off-leash dog parks within the city. Off-leash dog parks shall be
located on city property and shall be governed by and posted with signs giving
notice of the following rules and regulations. It shall be unlawful to violate any
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provision of this subsection (c). Conviction of any provision of this subsection
(c) may also result in a loss of privilege to the owner, handler or subject dog to
use the city's off-leash dog parks:
(1) Off-leash dog parks are open to the public during the same hours the
surrounding city property is open to the public.
(2) All dogs must be under the effective control of their owners or handlers by
means of a leash, cord, or chain not to exceed six (6) feet in length when
entering and leaving the designated dog park area.
(3) All dogs must display a current rabies tag affixed to the collar.
(4) All dogs belonging to city residents must display a current license issued by
the licensing administrator as required by section 4-31(c).
(5) All dogs must be accompanied by a person seventeen (17) years of age or
older.
(6) Dog owners and handlers assume full responsibility for their dogs and minor
children within the dog park area.
(7) Dog owners and handlers must remain within the off-leash dog park area and
within sight of their dogs at all times.
(8) Dog owners and handlers must remove and promptly dispose of any feces deposited within the dog park area by their dogs.
(9) Dogs may not chase or otherwise harass wildlife.
(10) The following dogs are not permitted within off-leash dog parks:
a. Aggressive dogs, as defined by section 4-1.
b. Female dogs in heat.
c. Dogs without a current rabies tag affixed to the collar or without a
current license issued by the licensing administrator, as applicable.
d. Dogs under the age of four (4) months.
e. Dogs exhibiting visible signs of illness or known by the owner or
handler to be ill.
f. Dogs that do not respond to and obey their owners' or handlers' sight
or voice commands.
Sec. 4-10. Rabies control.
(a) . . .
(b) Any dog, cat or other animal that has bitten any person CAUSING A WOUND
BREAKING THE SKIN 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 community service officer. THE OWNER
OF SUCH ANIMAL SHALL FILE, WITHIN FORTY-EIGHT (48) HOURS OF THE
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INCIDENT, A REPORT OF THAT INCIDENT WITH A COMMUNITY SERVICE
OFFICER], THE REPORT TO CONTAIN DATE/TIME OF BITE, PERSON BITTEN,
NAME OF ANIMAL OWNER. (c) . . .
(d) . . .
(e) When an animal under quarantine has been diagnosed as being rabid by a
licensesD veterinarian the veterinarian making such diagnosis shall
immediately notify the county public health officer and advise THEMhim of any reports of human contact with such rabid dog [animal]. If any animal under
quarantine dies while under observation, the community service officer or his
THEIR agents shall immediately take action to obtain a pathological and
inoculation examination of the animal. As soon as a diagnosis is made
available, the community service officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has
not beEN inoculated against rabies and known to have been bitten by a rabid
animal shall be humanely destroyed.
(f) . . .
(g) . . . (h) In case of an outbreak of rabies, constituting an emergency situation, the
mayor shall be authorized to impose strict regulations pertaining to animals
within the city. IT SHALL BE UNLAWFUL FOR AN OWNER TO PROCURE A
RABIES VACCINATION FOR AN ANIMAL UNDER QUARANTINE, UNLESS
APPROVED BY THE COMMUNITY SERVICES OFFICER IN WRITING.
Sec. 4-11. Cruelty or inhumane treatment; HARASSMENT.
(a) IT SHALL BE CRUEL OR INHUMANE FOR ANY PERSON TO:
(1) It shall be unlawful for any person to Commit or cause to be committed
any act of cruelty, harassment, abandonment, torture, mistreatment or
neglect to any animal, or to cause any animal to be wounded, mutilated,
strangulated or inhumanely killed.
(2) For purposes of this section, a person commits an act of harassment upon an animal if such person's conduct or actions causes CAUSE an
animal to behave as if frightened, causes the animal displeasure or
pain, or otherwise causes the animal to become likely to injure either
itself or other persons or animals, or causes the animal to create a
nuisance.
(3) TRANSPORT AN ANIMAL IN OR ON ANY MOTOR VEHICLE OR TRAILER
UNLESS THE ANIMAL IS SAFELY RESTRAINED. AS USED IN THIS
SECTION, RESTRAINED IS DEFINED AS ENCLOSED WITHIN
A VEHICLE OR TRAILER WITH NO OPENINGS LARGE ENOUGH TO
PERMIT THE ANIMAL TO EXIT THE VEHICLE OR TRAILER ON ITS OWN, OR PLACED WITHIN A SECURED CONTAINER, CAGE OR OTHER
ENCLOSURE OR RESTRAINING DEVICE SUFFICIENT TO PREVENT THE
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ANIMAL FROM FALLING FROM, BEING THROWN FROM OR JUMPING
FROM THE VEHICLE. AS USED IN THIS SECTION, PUBLIC PLACE IS
DEFINED AS ANY PLACE OPEN TO AND GENERALLY USED BY THE PUBLIC, WHETHER PUBLICLY OR PRIVATELY OWNED, INCLUDING, BUT
NOT LIMITED TO STREETS, HIGHWAYS, ALLEYS, PARKING LOTS,
SCHOOLS AND COMMERCIAL ESTABLISHMENTS.
(4) LEAVE AN ANIMAL IN AN UNATTENDED VEHICLE WITHOUT ADEQUATE
VENTILATION OR IN ANY MANNER WHICH SUBJECTS THE ANIMAL TO EXTREME TEMPERATURES OR OTHER CIRCUMSTANCES THAT ARE
DANGEROUS OR DETRIMENTAL TO THE ANIMAL’S HEALTH OR
WELFARE.
a. IF THE COMMUNITY SERVICE OFFICER OR POLICE 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 COMMUNITY SERVIE OFFICER OR POLICE
OFFICER SHALL HAVE THE RIGHT IMMEDIATELY TO 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 AND WHETHER PERMISSION TO INSPECT HAS BEEN OBTAINED OR NOT. IF
THE PROPERTY OR VEHICLE IS OCCUPIED, THE COMMUNITY
SERVIE OFFICER OR POLICE OFFICER SHALL FIRST PRESENT
PROPER CREDENTIALS TO THE OWNER OR OCCUPANT OF THE
PROPERTY OR VEHICLE AND DEMAND ENTRY, EXPLAINING
REASONS THEREFOR AND THE PURPOSE OF THE INSPECTION.
SUCH ENTRY SHALL BE SOLELY FOR THE PURPOSE OF ABATING THE VIOLATION AND NO EVIDENCE OBTAINED
DURING OR AS A RESULT OF SUCH ENTRY SHALL BE
ADMISSIBLE FOR PURPOSES OF PROSECUTION.
(b) 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.
(c) AnY community service 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.
Sec. 4-14. Exotic or wild animals.
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(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 animals, that is, any animal that is not
a domestic animal, whether it is a native animal of this state or not. THIS PROHIBITION SHALL NOT APPLY TO THREATENED OR ENDANGERED SPECIES
LISTED UNDER STATE, FEDERAL, OR INTERNATIONAL LAW AND KEPT BY A
LICENSED ENTITY WITHIN THE CITY.
(b) Exceptions. The chief of police may grant exceptions to this section for
successive periods of time not to exceed twelve (12) months. APPLICATIONS FOR AN EXCEPTION MUST BE FILED WITH THE CHIEF OF POLICE ON FORMS
MAINTAINED BY THE CHIEF’S OFFICE, ALONG WITH THE APPLICATION FEE SET
BY THE CITY COUNCIL FROM TIME TO TIME. THE CHIEF OF POLICE IN THEIR
SOLE DISCRETION MAY GRANT, GRANT WITH CONDITIONS OR DENY THE
APPLICATION. Notwithstanding the requirements of Chapter 26, the keeping of an exotic animal for which the chief of police has granted an exception pursuant to
this subsection (b) shall be deemed a lawful use of the affected property
(c) Potbellied pigs: Any exceptions granted by the chief of police for a potbellied
pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows:
(1) 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;
(2) Every potbellied pig must be neutered or spayed by the age of four (4)
months;
(3) No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height;
(4) The potbellied pig must be certified as such by a licensed veterinarian or be
an officially registered potbellied pig;
(5) Penned exterior areas confining potbellied 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 located on an adjacent lot;
(6) Outdoor enclosures must be kept clean;
(7) Prior to the granting of an exception, owners must review educational
materials provided by the chief of police related to the care and keeping of
potbellied pigs;
(8) The chief of police shall adopt rules of procedure related to the review of
complaints regarding the keeping of potbellied pigs for which an exception has been granted; and
(9) The chief of police may impose reasonable conditions 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.
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(1) 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 subsections (b) and (c).
(d) Specific animals enumerated.
(1) The following animals are domestic animals:
a. Aquarium fishes
b. Psitocine birds, aviary finches, etc, farm birds (ducks, geese, swans,
poultry)
c. Domestic rabbit (Oryctolagus cuniculus)
d. Mongolian gerbil (Meriones unguicularus)
e. Guinea pig ( Cavia porceilus)
f. Hamster (Musorcriectus auratus)
g. Domestic laboratory mouse (Mus domesticus)
h. Domestic laboratory rat (Rattus rattus albino strain)
i. Domestic cat (Felis catus)
j. Domestic dog (Canas familiaris)
k. Domestic livestock, including but not limited to: horses, cattle,
sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine
l. SWINE AS DOMESTIC ANIMALS ARE PROHIBITED IN ALL ZONE
DISTRICTS PER CHAPTER 26 (except potbellied pigs, Sus scrofa
vittatus, which is an imported variety of swine and which shall be
considered exotic animals).
(2) REPTILES, AMPHIBIANS, INVERTEBRATES, INCLUDING TARANTULAS, SCORPORIONS, AND CENTIPEDES, SHALL BE ALLOWED WITHOUT ANY
REQUIREMENT FOR AN EXCEPTION FROM THE CHIEF OF POLICE, EXCEPT
FOR THE FOLLOWING:
a. ANY ANIMALS THAT HAVE BEEN CLASSIFIED AS A DANGEROUS OR
HAZARDOUS SPECIES UNDER STATE OR FEDERAL LAW
b. ANY ANIMALS THAT ARE NOT PERMITTED AND/OR REQUIRE A
LICENSE FROM COLORADO PARKS AND WILDLIFE TO POSSESS
c. ANY SPECIES LISTED UNDER STATE OR FEDERAL LAW AS
INJURIOUS TO WILDLIFE OR AQUATIC NUISANCE SPECIES
(3) Exotic and wild animals shall consist of every other creature within the
animal kingdom.
Sec. 4-17. Unlawful possession of dangerous ANIMAL OR dog.
(a) It is unlawful for a person who is a dog owner to keep, harbor or possess a
VICIOUS ANIMAL OR A dangerous dog within the city. NOTHWITHSTANDING
THIS PROHIBITION, A COURT MAY AUTHORIZE THE POSSESSION OF SUCH
AN ANIMAL IF THE OWNER COMPLIES WITH THE REQUIREMENTS OF
SECTIONS 4-17(e) AND 4-17(f), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT.
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(b) An affirmative defense to the violation of subsection (a) of this section shall be:
(1) That, at the time of the attack by the ANIMALdangerous dog, which
caused injury to or the death of a domestic animal: a. . . .
b. The domestic animal was biting or otherwise attacking the dangerous OR VICIOUS animal or its owner.
(2) That, at the time of the attack by the dangerous dog, which caused injury
to a person, the victim of the attack was:
a. Committing or attempting to commit a criminal offense against the
dog ANIMAL owner, and the attack did not occur on the owner's property; or
b. . . .
c. Tormenting, provoking, abusing or inflicting injury upon the ANIMAL dog in such an extreme manner that the attack was a result of the
victim's actions. (c) . . .
(d) . . .
(e) . . . (1) . . .
(2) . . . (3) At all times when the dog is at the property of the dog owner, the dog
owner shall keep the dog confined except as further allowed by this
section. When outdoors, the dog shall be confined in an escape-proof enclosure WHICH IS ALSO DESIGNED TO PREVENT ACCIDENTAL ENTRY
BY ANYONE, INCLUDING CHILDREN. All structures must be locked with a key or combination lock when the dog is within the structure. Such
structure shall have a secure bottom or floor attached to the sides of the
pen or the sides of the pen shall be embedded in the ground no less than two (2) feet. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition. All structures erected to house such dog must comply with all zoning and building requirements. The
community services officer shall inspect the structure to ensure
compliance with suchTHESE conditions. (4) . . .
(5) . . . (6) . . .
(7) . . .
(8) . . .
(9) The dog owner shall not sell or transfer the dog to any person except a
member of the dog owner's immediate family OR TO A RESPONSIBLE CARETAKER who shall then be deemed the dog owner and subject to all
the requirements of this title. For the purposes of this subsection,
"immediate family" shall mean the owner's spouse, child, parent, or sibling,
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“RESPONISBLE CARETAKER” SHALL MEAN A PERSON APPROVED IN THE
REASONABLE JUDGEMENT OF THE COMMUNITY SERVICE OFFICER.
[…]
Sec. 4-18. Unlawful possession of aggressive ANIMAL OR dog.
(a) It is unlawful for a person who is a dog owner to keep, harbor or possess an
aggressive dog within the city. NOTWITHSTANDING THIS PROHIBITION, A
COURT MAY AUTHORIZE THE POSSESSION OF SUCH AN ANIMAL IF THE
OWNER COMPLIES WITH THE REQUIREMENTS OF SECTIONS 4-18(C) AND 4-18(D), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT.
(b) . . .
(c) . . .
(1) The dog owner shall, at the dog owner's expense, have a microchip
containing an identification number implanted into the dog and provide such information to the COMMUNITY SERVICE OFFICER section of the
wheat ridge police department. The dog owner shall produce the dog for
verification by a COMMUNITY SERVICE OFFICER of the microchip
implementation. THE COMMUNITY SERVICE OFFICER SECTION OF THE
WHEAT RIDGE POLICE DEPARTMENT shall maintain records containing the registration number and name of said dog and name and address of
the dog owner. The dog owner shall be responsible for notifying THE
COMMUNITY SERVICE OFFICER of any change in the address, ownership,
or death of the dog.
(2) . . . (3) . . .
(4) . . .
(d) . . .
(1) . . .
(2) . . .
(3) The dog owner shall, at the dog owner's expense, have the animal spayed
or neutered and shall provide proof to the COMMUNITY SERVICE
OFFICER section of the wheat ridge police department that the
sterilization has been performed.
(e) . . .
Sec. 4-31. Dog and cat licenses.
(a) . . . (b) . . .
(c) Required; described. A license is required for all dogs and cats FROM THE
LICENSING AUTHORITY IDENTIFIED BY, AND IN FORM AND CONTENT APPROVED BY THE LICENSING ADMINISTRATOR the city as follows: A valid cat license shall be a current Mile-Hi rabies tag and registration
certificate. A valid dog license shall be a dog license issued by the licensing
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administrator. A cat or dog owner may request an exemption to this
requirement if, for medical reasons, his/her cat or dog cannot be vaccinated. In
this event, a cat or dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the cat or dog is unable to be vaccinated.
(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, unless a current and
valid tag from the licensing administrator, which requires proof of current
rabies vaccination for its issuance, is 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 or the
correspondingly numbered tag.
(e) . . .
(f) . . .
(g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration
certificates are only to be issued by and obtained from veterinarians currently
licensed to practice veterinary medicine in the state.
(h) New residents. New residents of the city may be issued a current Mile-Hi rabies
tag and registration certificate for their cat or dog by a veterinarian licensed to
practice in the state, upon proof of having had the cat or dog vaccinated for
rabies by a licensed veterinarian.
(i) . . .
Sec. 4-33. Guard dogs.
It shall be unlawful for any person to place or maintain guard dogs in any area for the
protection of persons or property unless the following conditions are met:
(1) The dogs shall be confined to an enclosed area adequate to ensure they
will not escape AND SO AS TO HAVE SAFEGUARDS IN PLACE THAT
PREVENT ACCIDENTAL OR UNINTENTIONAL ENTRY BY ANYONE,
INLCUDING CHILDREN; or
(2) . . .
(3) . . .
(4) . . .
(5) COMMUNITY SERVICE OFFICERS SHALL HAVE THE AUTHORITY TO ISSUE A CEASE AND DESIST ORDER IF THEY DETERMINE THAT THE
PRESENCE OR CIRCUMSTANCES OF GUARD DOGS POSE A DANGER TO
ANY PERSON, PROPERTY, OR ANIMAL. SUCH CEASE AND DESIST ORDER
IS SUBJECT TO THE ADMINISTRATIVE HEARING APPEALS PROCESS AT
CODE SECTION 2-80 et seq.
Sec. 4-34. Kennel licenses.
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(a) . . .
(b) . . .
(c) . . . (d) . . .
(e) .. . .
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) Community service 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, OR AT ANY TIME IF THERE IS REASONABLE
CAUSE TO SUSPECT THAT THE OPERATION IS A DANGER TO THE HEALTH AND SAFETY OF THE ANIMAL OR THE PUBLIC.
Sec. 4-52. Custody and disposition of impounded animals.
(a) . . . (b) . . . (c) . . . (d) . . . (e) . Whenever a community services officer or other employee or agent of the city
impounds an animal, such animal shall be impounded 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 pursuant 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 destruction at the sole discretion of the animal shelter.
WHENEVER A COMMUNITY SERVICES OFFICER OR OTHER EMPLOYEE
OR AGENT OF THE CITY IMPOUNDS AN ANIMAL, SUCH ANIMAL SHALL BE IMPOUNDED 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 PURSUANT TO SECTION 4-53. NO
ANIMAL SHALL BE DESTROYED, SOLD, OR DONATED UNLESS
ORDERED BY A JUDGE AFTER A HEARING, WHICH MAY BE NOTICED AT THE SAME TIME AS THE IMPOUNDMENT NOTICE, PROVIDED THE HEARING OCCURS NO SOONER THAN FIVE (5) DAYS AFTER THE HEARING NOTICE IS GIVEN. EXCEPTIONS APPLY IN CASES WHERE THE
ANIMAL IS CRITICALLY ILL OR INJURED, 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 ANIMAL, WHEN THE ANIMAL’S PROGNOSIS CANNOT BE ASCERTAINED BY THE ANIMAL SHELTER WITH
REASONABLE CERTAINTY. THE OWNER OF AN IMPOUNDED ANIMAL IS
RESPONSIBLE FOR BOARDING AND IMPOUNDMENT FEES ESTABLISHED BY THE SHELTER. THE CITY, ITS EMPLOYEES, THE ANIMAL SHELTER, AND ANY
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CONSULTED VETERINARIAN SHALL BE IMMUNE FROM LIABILITY FOR ANY
ACTIONS TAKEN PURSUANT TO THIS SECTION.
(f) No animal shall be destroyed before the lapse of five (5) days following notice of impoundment 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 disposition of injured animals, when the animal's prognosis cannot be ascertained by the animal shelter with reasonable certainty. The owner of any impounded animal shall be responsible for the payment of such boarding and
impoundment fees established by the animal shelter. The city and its
employees, the animal shelter and its employees, and any veterinarian consulted shall be immune from liability for any actions taken pursuant to this section.
(g) (f) Notwithstanding the foregoing, whenever an animal is impounded by order of
the 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 impoundment. THE MUNICIPAL COURT IS AUTHORIZED TO ORDER A HOLD ON ANIMALS SUSPECTED OF NEGLECT, AS WELL AS ANY ANIMALS SEIZED OR IMPOUNDED DUE
TO CRUELTY, INHUMANE CONDITIONS, DESIGNATION AS A
DANGEROUS OR AGGRESSIVE DOG, OR FOR BEING A SERVICE ANIMAL, UNTIL THE RESOLUTION OF THEIR CASE.
Section 2. Section 2-80 of the Municipal Code is amended to read:
Purpose; scope. The purpose of this article is to encourage prompt compliance with this
Code and prompt payment of penalties for violations thereof. This article provides for
administrative PROCEDURES AND penalties that may be imposed for violation of the
following portions of this Code CHAPTER 4, ARTICLES I AND II ANIMALS, chapter 5,
buildings and building regulations; chapter 9, health; chapter 13, motor vehicles and traffic; chapter 15, nuisances; article X of chapter 11 concerning massage businesses,
article XIV of chapter 11 concerning short term rentals; chapter 21, streets and
sidewalks; chapter 22, taxation; chapter 24, vegetation; chapter 26, zoning.
Section 3. Section 26-204 (zone district use schedule) of the Code is amended
by replacing the note in the “Table of Uses - Agricultural and Public Facilities” as follows:
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Uses Notes A-1 A-2 PF
[…]
General farming and raising or
keeping of stock, bee keeping,
poultry or small animals such as rabbits or chinchillas
keeping of swine
INCLUDED in A-2: The keeping of swine and/or potbellied pigs, Sus Scrofa Vittatus, except such animals shall not
be fed garbage
PROHIBITED IN ALL DISTRICTS: THE
RAISING OR KEEPING OF SWINE, WITH THE EXCEPTION OF POTBELLIED PIGS, .
Section 2. Section 26-206 of the Code is amended by the addition of new
subsections B and G with appropriate re-numbering of the section to read as follows:
Sec. 26-606. - Small animals and poultry.
The private keeping of small animals, such as dwarf goats, rabbits and chinchillas, or
poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A-1 or A-2
districts.
A. Except when in compliance with section 26-605 (large animals), dwarf goats shall
be limited to a maximum of three (3) per residential dwelling unit, plus their
unweaned offspring and provided no un-neutered male dwarf goats shall be allowed. For each dwarf goat, a minimum of one hundred thirty (130) square feet
of permeable lot area shall be provided in the side or rear yard.
B. FOR LOTS THAT ARE UNDER ONE (1) ACRE IN SIZE, ONLY ONE (1) ROOSTER IS
PERMITTED IN RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS. FOR LOTS
THAT ARE ONE (1) ACRE IN SIZE OR LARGER, UP TO THREE (3) ROOSTERS ARE PERMITTED IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. ROOSTERS ARE
NOT PERMITTED IN ANY OTHER ZONE DISTRICTS.
C. Poultry houses and pigeon coops, or the portions of these and other structures
used to house or provide shelter for small animals, shall not exceed four hundred
(400) square feet of ground floor area nor twelve (12) feet in height.
D. Hutches for small animals shall not exceed one hundred (100) square feet of
ground floor area with a maximum of two (2) floors or levels.
E. Maximum ground floor areas for small animals or poultry set forth above may be
increased by fifty (50) percent for each acre in addition to the minimum lot size for
the zone district.
F. All houses, coops, hutches or portions of these and other structures housing or
providing shelter for small animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be
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no closer than thirty (30) feet from a residence or other main structure on an
adjacent property.
G. THE RAISING OR KEEPING OF SWINE IS PROHIBITED IN ALL ZONE DISTRICTS WITH THE CITY. THIS PROHIBITION SHALL NOT APPLY TO POTBELLIED PIGS
WHICH MUST COMPLY WITH SECTION 4-14.
H. The accumulation of animal waste to the extent that such becomes a nuisance to
surrounding properties is prohibited, as regulated by chapter 15 of this Code of
Laws.
I. The legal, nonconforming keeping of such animals may be continued so long as
such keeping of animals remains otherwise lawful; except where such keeping of
animals is discontinued for a period of sixty (60) consecutive days or more, then
said keeping of animals must conform to the provisions hereof or must cease.
Section 3. Section 4-8(c) of the Code is hereby relocated to appear as new section 17-56, to read:
Sec. 17-56. Off-Leash dog parks
a) THE CITY COUNCIL MAY, FROM TIME TO TIME, DIRECT THE CREATION,
ALTERATION AND REMOVAL OF OFF-LEASH DOG PARKS WITHIN THE CITY.
OFF-LEASH DOG PARKS SHALL BE LOCATED ON CITY PROPERTY AND SHALL BE GOVERNED BY AND POSTED WITH SIGNS GIVING NOTICE OF THE
FOLLOWING RULES AND REGULATIONS. IT SHALL BE UNLAWFUL TO VIOLATE
ANY PROVISION OF THIS SUBSECTION (C). CONVICTION OF ANY PROVISION OF
THIS SUBSECTION (C) MAY ALSO RESULT IN A LOSS OF PRIVILEGE TO THE
OWNER, HANDLER OR SUBJECT DOG TO USE THE CITY'S OFF-LEASH DOG PARKS:
b) OFF-LEASH DOG PARKS ARE OPEN TO THE PUBLIC DURING THE SAME HOURS
THE SURROUNDING CITY PROPERTY IS OPEN TO THE PUBLIC.
c) ALL DOGS MUST BE UNDER THE EFFECTIVE CONTROL OF THEIR OWNERS OR
HANDLERS BY MEANS OF A LEASH, CORD, OR CHAIN NOT TO EXCEED SIX (6)
FEET IN LENGTH WHEN ENTERING AND LEAVING THE DESIGNATED DOG PARK
AREA.
d) ALL DOGS MUST DISPLAY A CURRENT RABIES TAG AFFIXED TO THE COLLAR.
e) ALL DOGS BELONGING TO CITY RESIDENTS MUST DISPLAY A CURRENT
LICENSE ISSUED BY THE LICENSING ADMINISTRATOR AS REQUIRED BY
SECTION 4-31(C).
f) ALL DOGS MUST BE ACCOMPANIED BY A PERSON SEVENTEEN (17) YEARS OF AGE OR OLDER.
g) DOG OWNERS AND HANDLERS ASSUME FULL RESPONSIBILITY FOR THEIR
DOGS AND MINOR CHILDREN WITHIN THE DOG PARK AREA.
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h) DOG OWNERS AND HANDLERS MUST REMAIN WITHIN THE OFF-LEASH DOG
PARK AREA AND WITHIN SIGHT OF THEIR DOGS AT ALL TIMES.
i) DOG OWNERS AND HANDLERS MUST REMOVE AND PROMPTLY DISPOSE OF ANY FECES DEPOSITED WITHIN THE DOG PARK AREA BY THEIR DOGS.
j) DOGS MAY NOT CHASE OR OTHERWISE HARASS WILDLIFE.
k) THE FOLLOWING DOGS ARE NOT PERMITTED WITHIN OFF-LEASH DOG PARKS:
a. AGGRESSIVE DOGS, AS DEFINED BY SECTION 4-1.
b. FEMALE DOGS IN HEAT.
c. DOGS WITHOUT A CURRENT RABIES TAG AFFIXED TO THE COLLAR OR
WITHOUT A CURRENT LICENSE ISSUED BY THE LICENSING
ADMINISTRATOR, AS APPLICABLE.
d. DOGS UNDER THE AGE OF FOUR (4) MONTHS.
e. DOGS EXHIBITING VISIBLE SIGNS OF ILLNESS OR KNOWN BY THE OWNER OR HANDLER TO BE ILL.
f. DOGS THAT DO NOT RESPOND TO AND OBEY THEIR OWNERS' OR
HANDLERS' SIGHT OR VOICE COMMANDS.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day
of March 2026, ordered published by title in a newspaper of general circulation in the
City of Wheat Ridge and in full on the City’s website, and Public Hearing and
consideration on final passage set for April 13, 2026, continued to June 8, 2026 for final passage at 6:30p.m, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8
to 0, this 8th day of June 2026.
SIGNED by the Mayor on this 10th day of June 2026.
________________________________
Korey Stites, Mayor
ATTEST:
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__________________________________
Janeece Hoppe, City Clerk
Approved as to Form
______________________________
Gerald E. Dahl, City Attorney
First Publication: March 24, 2026
Second Publication: June 9, 2026
Effective Date: June 24, 2026
Published:
Jeffco Transcript and www.ci.wheatridge.co.us