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HomeMy WebLinkAboutOrdinance-1972-0100 - Establishing Animal Control and Animal Control Commissioni y CERTIFICATE OF POSTING We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 100 was duly pasted by us following first reading on the 26th day of November 1971 at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitation District Office Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office Wheat Ridge Council Chambers We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 100 was duly posted by us following second reading on the 27th day,of December 1971 at the following locations within the City of Wheat Ridge listed above. VLouise F. Turner City Clerk Helen Elise McMillen Deputy City Clerk Introduced By Alderman Joseph Donaldson ORDINANCE NO. 100 Series of 1971 TITLE: AN ORDINANCE RELATING TO-THE CONTROL AND PROTECTION OF DOGS AND CERTAIN OTHER ANIMALS: PROVIDING FORTHE LICENSING, INOCULATION AND REGULATION OF DOGS:. PROVIDING UNDER WHAT CURCUNSTANCES DOGS OR OTHER ANIMALS SHALL BE IMPOUNDED AND CONFINED: ESTABLISHING CERTAIN OTHER OFFENSES WITH -RELATION TO OTHER ANIMALS: ESTABLISHING AN ANIMAL CONTROL COMMISSION TO ADVISE THE CITY CLERK-WITH RESPECT TO THE FOREGOING AND PROVIDING PROCEDURES-TO-BE FOLLOWED IN RELATION THEREOF. BE IT ORDAINED BY THE_CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section I. Purpose: The expressed purpose of this Ordinance is to supersede Ordinance No. 70 of the City of Wheat Ridge and to further provide regulation, control and protection for dogs and certain other animals within the City of Wheat Ridge. Section 2. Definitions: As used herein,-unless the context clearly indicates otherwise, the following words shall have the following meanings: Animal Shelter: Any premises designated by the City for the purpose of hoarding and caring for any animal impounded under the provisions of this Ordinance or any other Ordinance-or-law of the State of Colorado. Animal Warden:: Any,person or persons empowered by the City to enforce the provisions of this Ordinance. Dogs: Any animal of the canine species regardless of sex. Dog Owner: Any person owning, keeping or harboring a dog - ` or dogs. Running at Large.: Off the-premises of the owner and not under effective control of-said owner, his agent, servant .or a competent member of his family by means of a leash, cord or chain. Vicious Doq: A dog that unprovokedly bites or attacks humans or other animals, or in a vicious or terrorizing manner approaches any person in apparent attitude of attack. Guard Dog: A dog trained to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog. These dogs must be registared_with the City as guar ❑gs. Section 3. Animal Control Commission. (a) There is_heraby established an Animal Control Commission to advise the City Clerk on all matters to which this Ordinance applies and on all matters concerning the control and disposition of animals that may arise under this and other Ordinances. ,.r -2- (b) The Animal Control Commission shall consist of five membersto be appointed by the City Council, two of whom must be licensed veterinarians residing within the City. (c) The terms of office shall be four years, except that the terms of the first two members-appointed shall be for two years. (d) The Animal Control Commisaion~shall receive and review all complaints made concerning the administration, operation and effect ofthis and other Ordinances relating to animals and shall make recommendations to the Mayor and City Clerk on the appropriate action to be taken on complaints. (a) The Animal Control Commission shall make recom- mendations to the City Clerk on the place where animals are to be impounded. (f)_ The Animal Control Commission shall maintain liaison with the County Health Officer and shall report all matters that may endanger the public health to said-County _Health Officer. a. Section 4. Licenses and Licensing. .1 (a) A valid dog license shall be a current mile-hi rabies tag. Said tag shall be attached by a licensed veterinarian after vaccinationby an approved rabies vaccine. Dogs shall be vaccinated within ten days after reaching four months of-age or after the first permanent teeth appear. Revaccination shall be annually bewteen November let and March -1st. New residents may be issued a zLfrrent rabies tag by presenting a vaccine certificate issued by a licensed veterinarian. (b) No person, group of persons or business entity shall own, keep or harbor more than three dogs or four cats of more than six. months of age or engage in-the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs without having obtained a'kennel license from the City-Clerk. (c) Kennel licenses must be renewed every year.between January 1 and March 1. No kennel license shall be issued until approval of the kennel by the Animal Control Commission. (d) The yearly license fee for kennels shall be twenty- five dollars ($25.00). (e) This section shall not apply to and will not be construed taxequire a kennel license for a licensed veterinarian to operate - an animal hospital. (f) The Animal Control Commission shall have the authority to grant a variance-to Section 4 (b) above as to the numbez.of _ animals permitted and shall direct the City Clerk of their decision. The fee for said hearing shall be set by the Animal Control Commission. The policy as to the hearing of evidence and procedure of the Commission-shall be by a resolution initiating such requirements as the Commission deems necessary. duo Riot -3- Section 5. Dog Tags and Collar. (a) Every owner shall place upon each dog a collar or harness to which the mile-hi rabies tag-shall be attached. (b) No person shall affix to the collar or harness of. any dog, or permit to remain affixed, a tag evidencing licensing and inoculation except for the specific dog for which the tag was assigned at the time the license was issued. Section 6. Running at Large. (a) It shall be unlawful for the owner of any dog to permit thU same to run at large within the City. (b) Animals injured or-killed in the street shall be considered as running at large and the animal warden shall remove all said_animals;and, at his discretion take those needing medical attention to a veterinarian or to the Animal Shelter. The owner of such animals shall be liable for all expense of the treatment and of the impoundment. Injured animals, the owners of which are unknown shall be destroyed, humanely, if injuries are termed irreparable by the attending veterinarian. Section 7. Impoundment. (a) The Mayor is hereby authorized to establish an Animal Shelter for the City to he operated by the City personnel, or at his election he may subject -t❑ -the approval of the City Council, direct the City Clerk to make arrangements with a public or private agency for - - facilities to be used as an animal shelter for or on behalf of the City to be approved by the City Council. (b) Unlicensed dogs cr_';thgae running at.large or any dog in, violation of this Ordinance or any other Ordinance or law-of the State of Colorado maybe-taken into-custody by an Animal Warden or other - officers or-employees of the City and impounded in a humane manner_for_ a period of not less-than six days,-and may thereafter be disposed of in a humane manner, if not claimed by the owner or..if_the owner's identity cannot be determined. Dogs not claimed by the owner after six days- shall become the property of the City and may be disposed of. (c) If an animal is impounded the Animal Warden may institute-proceedings in the Municipal Court of the City on behalf of the City against.the owner, if known, charging said owner with a violation of this Ordinance. Nothing herein shall be construed as preventing the Animal Warden from instituting a proceeding in the Municipal Court for violation of this section where there has been no impoundment. (d) The Animal Warden shall as soon as possible after impoundment, notify the owner of such impoundment. If his identity can not be determined-or if no such address is available, the Animal Warden shall cause to be posted in a conspicuous place in this City Hall, for a period of six consecutive days, a notice of `impoundment with a de- scription of the animal and its place--of impoundment. -4- (e) If a complaint has been filed in the Municipal Court of the City.against the owner-of an-impounded animal for a vio-_ latien of this Ordinance the animal shallnot be released-except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation_ of this Ordinance. The Municipal Judge may upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizen or to other animals in the community, order said dog to be destroyed in a.humane manner by the Animal Warden. Surrendsr of an animal by the owner thereof to the Animal Warden does not relieve_ or render the owner immune-from the decision of the Court nor to the fees and fines which may result from a violation or violations of this Ordinance. (f) It shall be unlawful for any person to interfere.. with, molest, hinder or obstruct an Animal Warden or any City employee or official in the discharge of hi_s_official duties under the Ordinance. (g) Nothing in this section shall be construed to prevent the immediate destruction of any vicious dog gr-'other animal when deemed necessary in the interest of public safety by the Animal Warden, or any other law enforcement personnel. (h) Any dog impounded-under the provisions of this Ordinance shall not be released until the owner of said dog shall have paid all fees and charges due. An impoundment fee of five dollars (55.00) shall be assessed whenever a dog is_taken into custody by an Animal_ Warden under any conditions other than having been voluntarily given to the Animal Warden by the owner thereof. A boarding fee to be established by the place of impoundment and approved by the City Clerk shall also be assessed._ Section 8. Confinement of Certain Dogs. Any unspayed female dog in the stage-of estrus (heat) shall be confined during such period of time in a hause,.building,or secure enclosure and said area of enclosure shall be so constructed that no other dog or dogs.may gain access to t_he-confi_ned'animal. The-Animal Warden shall order any un- spayed female that is in the stage of estrus (heat) and that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed 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 c-onfinement by the City. No impoundment fee shall be made- on such dogs voluntarily confined by the owner but fee for -boarding may„be charged., Failure to comply with the order of the Animal Warden shall be a violation of this Ordinance and the animal will then be impounded as prescribed in this Ordinance, . subject to fines and charges as directed. -5- Section 9. Rabies Control, Immunization and Quarantine. (a) All dogs over the age of--four months shall be inoculated by a licensed veterinarian against rabies. Such inoculation shall be given at least once each year during the period between November 1 and March 1. An owner acquiring a dog shall have such dog inoculated against rabies within ten (10) days after the date of acquisition, or within ten (10) days after the dog reaches four months of age, whichever occurs last. Any person moving into-the City from a location outside of the City shall comply with this Ordinance 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 Warden. (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 Warden. The location of such confinement shallbe determined by the Animal Control Commission and shall be at the expense of the owner. (d) The owner of anyanimal that has been-reported as having inflicted -a bite on any person shall, on demand of an Animal Warden, produce said animal for examination and quarantine as prescribed in this section. (e) When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian the veterinarian making such diagnosis shall immediately notify the County Public Health Officer and advise him of any reports of human contact with said rabid dog. If any animal under quarantine dies while under observation the Animal Warden or his agents shall immediately take action to obtain a patholo- gical and inoculation examination ofthe animal. As soon as_a diagnosis is made available, the Animal Warden shall notify the County Public Health Officer of any reports of human contact with the animal. Any animal which has not been inoculated against rabiesand known to have been bitten by a rabid animal shall be humanely destroyed. (f) Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the Animal Warden giving the names and addresses of such persons. (g) Any veterinarian who diagnoses rabies in any animal shall report such fact to the Animal Warden. The veterinarian shall determine, before any rabies inoculation is given, whether the subject dog is under quarantine or has inflicted a bite on any person within the last ten days. (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. -W, WWI -6- Section 10. Vicious Dogs. No one shall keep, possess or harbor a vicious dog within the City. It shall be the duty of.the.- _ Animal Warden or his agents to impound such animal, and if impoundment cannot be made with safety to the Animal Warden or„other citizens, the animal may be destroyed without notice to the owner, keeper or possessor. Dogs maintained as guard dogs or placed in an enclosed area for pro- tection of persons or property shall not be included under this so long as they remain confined to a specific area under complete and absolute control. Section 11. Cruelty to Animals, Inhumane Treatment. It shall be unlawful for any person to commit or cause to be committed any act of cruelty, harassment, abandonment, or,torture to any animal or cause such animal to be wounded, mutilated, strangulated, or inhumanely killed. Ownership of said animal shall not be a justifiable defense for such acts or for a violation of this section. Section 12. Guard Dogs. It shall be unlawful to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met: (E) The dogs shall be confined to an enclosed area adequate to insure they will not escape, or - (b) They shall be under.the absolute control of a handler at all times, and (c) Warning signs shall be consciously posted indi- cating the presence of guard dogs and such signs shall plainly show a telephone number where some person responsible for controlling such dogs canbe reached at all times, and (d) Prior to the posting of guard dogs on any property, the person or persons responsible for the posting shall inform the Supervising Animal Control Officerin writing of their intention to post said dogs, the number of dogs to be posted, the location where said dog or dogs will be posted, and the approximate length of time said dog or dogs will be patrolling the area. Section 13. Poisoning of Dogs and Other Animals. 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 theintent of poisoning any dog or other domesticated animal. Section 14. Promotion of Fights. 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 permitted to fight for exhibitions, for wager or for sport. _7_ Section 15. Records. It shall be the,duty of the Animal Warden to keep or cause to be kept, accurate and detailed records of the impoundment and disposition of all dogs coming into its custody, and of all reports of animal bites reportedto the-Animal Warden. - Section 16. Exotic, Dangerous and Unusual Animals. - (a) It shall be unlawful for any person to own, possess, harbor, sell or in any other manner traffic in the following speciesof animals: (1) Poisonous reptiles. (2) Gorillas, chimpanzees, orangutans, baboons and any other primate that normally grows to more than thirty pounds in weight. (3) Any species of felines not falling within the categories of ordinary domesticated house cats. (4) Bears of any species.- (5) Badgers.. (b) The Animal Control Commission may grant exception to this section. (c) The following statement shall be posted in full view of the public in any pet store, pet department of any store or other place of business where non-domestic animals are sold: "State, Game Fish and Parks laws apply to the possession of exotic or wild animals that is to any animal that is not a domestic animal, whether it is a native Colorado animal or not. The obtaining, containing, keeping or possessing of wild 'vertebrates, mullosks and.csustaceans shall be allowed only to those persons to whom a 'COM- MERCIAL WILDLIFE PARKS LICENSE' has been issued by the Division of Game, Fish and Parks. No State License is required of persons desiring to obtain and possess live fish for aquaria, ornamental ponds etc., nor for non-game birds except Raptares (hawks, falcons etc.)., kept in Pet Shops. The Raptore Law (62-1-3, 62-5-9, 62-5-14 CRS 1963, as amended)- applies to all Raptores.- It shall be unlawful`to keep or sell Colorado birds protected by State Game, Fish and Parks Laws." Section 17. Fencing for Horses, Cows, Burros and Other Large Livestock. If anyhorse or other, large animal should escape its normal confines the Supervising Animal Control Officer shall inspect the fencing of the enclosure-from which the animal has escaped and if in his opinion the fencing is not adequate to hold said animal within said enclosure the. Supervising Animal Control Officer shall serve_.upon the property owner, or the person or persons currently in possession of such property a written order requiring repair or reconstruction-of such fencing to meet sound and adequate standards within fifteen-05) days of the date that the order was issued. It shell be unlawful for any person to main- tain a fence or corral that is inadequate to contain the animal for which -8- it was intended, and each day of violation hereof shall constitute a separate and individual violtion of this Section. Section 18. Prosecution for Violations. For the purpose of prosecution or_. violation of any section of this Ordinance, it shall not be necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner of the dog inquestion that said dog was violating anyof the sections of-this- Ordinance at the time and place charged, it being the purpose and intent of this section to impose strict liability upon the owner of any dog for the actions, conduct and condition of said dog: Section 19. Penalty for Violation. Any person found to be in violation of the provisions of this Ordinance shall be quilty of an unlawful act and may be fined in a sum of not more than three hundred dollars ($300.00) or imprisoned for a period not to exceed_ ninety (90) days or both so fined and imprisoned. Section 20. Effective Date. This Ordinance shall take effect and be in force thirty_(30) days after publication fallowing final passage by city Council. - - - Section 21. Severability. If any section, subsection, paragraph, sentence, clause or-phrase of this Ordinance is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The City Council of the City of Wheat Ridge hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof even though any one or more sections, sub- sections, sentences, clauses or phrases might be declared unconsti- tutional or invalid. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 5 to 0 this 18th day of November , A. D. 1971. READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second and final reading by a vote of 6 to 0 this, 16th day of December A. D. 1971. - Albert E. Anderson' Mayor ATTEST: Louise F. Turner City Clerk