HomeMy WebLinkAboutOrdinance-1978-0283INTRODUCED BY COUNCILPERSON DONALDSON
ORDINANCE NO. 283
Series of 1978
TITLE: AN ORDINANCE AMENDING CHAPTER FOUR OF THE CODE OF THE CITY OF
WHEAT RIDGE, COLORADO, 1976 EDITION AS AMENDED, AS FOLLOWS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. The following sections, subsections, and paragraphs of
Chapter Four of the Code of the City of Wheat Ridge are hereby
amended to read as follows:
Section 4-1. Definitions.
For the purposes of this chapter the following words
and phrases shall have the meaning respectively ascribed
to them by this section, otherdefinitions shall remain as they
now exist in 4-1 of the Wheat Ridge Code.
Animal. Shall mean any animal other than humans.
Animal Shelter. Shall mean Jefferson Animal
Shelter, Inc., which is hereby designated by the
City of Wheat Ridge 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 of Colorado.
Animal Control Officer. Any person or persons
empowered by the City to enforce the provisions of
this chapter. The term 'Animal Control Officer' will replace
the term "Animal Warden' wherever it is used in Chapter 4.
Dogs. Any animal of the species Canis familiaris,
regardless of sex.
Dog Owner. Any person owning, keeping or harboring
a dog or dogs.
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 registered with the City as a
guard dog.
Running at Large. 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 reasonable
in length; except that, for purposes of this
definition the "premises of the owner" shall not
include common areas of condominium, townhouse,
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.
ORDINANCE NO. 283 , Series of 1978
PAGE 2
Common Areas of Condominium, Townhouse and Apartment
Buildings. Includes, but is not limited to, the yards,
grounds, patios, garden areas, play areas, clubhouses,
swimming pools, sidewalks, walkways, common garage
areas, entry ways, hallways, and driveways of
condominium, townhouse and apartment buildings, or
of condominium, townhouse or apartment building
complexes.
Vicious Animal. An animal that unprovokedly bites
or attacks humans or other animals, or in a vicious
or terrorizing manner approaches any person in an
apparent attitude of attack.
Section 4-4. Running at Large.
(a) It shall be unlawful for the owner of any dog to
permit the same to run at large within the City.
(b) Animals injured or killed in the street shall be
considered as running at large, the animal control officer
shall remove all such animals and, at his discretion
take those needing medical attention to a veterinarian
or to The Jefferson Animal Shelter, Inc. The owner of
such animals shall be liable for all expenses of the
treatment and of the impoundment. Injured animals may
be destroyed humanely, if it is determined by The
Jefferson Animal Shelter, Inc. or the attending veterinarian
that the animal has sustained critical injuries, suffering
is extreme, and/or the prognosis for recovery is poor.
The Jefferson Animal Shelter, Inc. shall consult with a
veterinarian as to the disposition of injured animals,
when the animals' prognosis cannot be ascertained by
The Jefferson Animal Shelter, Inc., with reasonable
certainty.
Section 4-4.1. Animal Creating a Disturbance.
It shall be unlawful for the owner, his agent, servant, or competent
member of the owner's family or any custodian of any animal to allow
the animal by frequent or habitual howling, barking, or other noise
to unreasonably disturb the peace and quiet of any neighborhood or
cause discomfort or annoyance to any person.
Section 4-5. Rabies Control.
(b) Any dog, cat or other animal that has bitten any person
shall be immediately confined for a period of ten days. No
animal under confinement shall be released from confinement
until such release has been approved by the animal control
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
control officer. The location of such confinement shall
be determined by the Animal Control Commission 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 control 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
ORDINANCE NO. 283 , Series of 1978 PAGE 3
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
member 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 knowingly secrete or refuse to produce the animal,
each day of secretion or refusal to produce the animal
shall constitute a separate and individual violation of
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 such rabid dog. If any animal under
quarantine dies while under observation the animal control
officer or his agents shall immediately take action to
obtain a pathological and inoculation examination of the
animal. As soon as a diagnosis is made available, the
animal control 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) Every physician or other medical practitioner who
treats a person or persons for bites inflicted by animals
shall report such treatment to the animal control officer
giving the names and addresses of such persons.
(g) Any veterinarian who diagnoses rabies in any animal
shall report such facts to the animal control officer.
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.
Section 4-10. Lame Livestock Running at Large.
It shall be unlawful for the owner or custodian of any horse,
livestock, or other animals generally regarded as farm or ranch
animals, to permit the same to run at large within the City.
Section 4-12.1. Duties of the Animal Control Officer.
(a) The animal control officer shall have the duty and
the power to enforce all sections of this chapter.
(b) Pursuant to the provisions of Section 30-15-105
C.R.S. (1973), as amended, the City of Wheat Ridge
animal control officers are hereby designated as peace
officers and shall be authorized to issue, sign, and
serve summons and complaints in order to enforce the
provisions of this chapter, and to make all determinations
within their discretion required by the provisions of
this chapter.
ORDINANCE NO. 283 , Series of 1978 PAGE 4
Section 4-15. Confinement of Females in Heat.
Any unspayed female dog in the stage 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 con-
structed that no other dog or dogs may gain access to the
confined animal. The animal control officer shall order any
unspayed 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 confinement 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 control officer
shall be a violation of this provision and the animal will
then be impounded as prescribed in this chapter, subject to
fines and charges as directed.
Section 4-16. Vicious Animals.
No one shall keep, possess or harbor a vicious animal within
the city. It shall be the duty of the animal control officer
or his agents to impound such animal, and if impoundment
cannot be made with safety to the animal control officer 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 protection of persons
or property shall not be included under this section so long
as they remain confined to a specific area under complete
and absolute control.
Section 4-18. Animal Shelter.
The Jefferson Animal Shelter, Inc., is hereby designated by the City
as the facilities for the boarding and caring of any animal impounded
under the provisions of this chapter or any other ordinance or law of
the State of Colorado.
Section 4-19. Custody and Disposition of Unclaimed Animals.
Animals required to display current rabies tags by state
statute or by the ordinances of the City and which are not
displaying current rabies tags, and animals running at
large, may be taken into custody by animal control officers,
employees, or agents of the City and impounded in a humane
manner for a period of not less than five (5) days following
the date of impoundment; any dog so impounded which is not
claimed within said five (5) day period may be disposed of
by sale, donation, or destruction at the sole discretion of
The Jefferson Animal Shelter, Inc. No animal shall be
destroyed before the lapse of five (5) days unless it is
determined by The Jefferson Animal Shelter, Inc. that the
animal is critically ill or injured, suffering is extreme,
and/or the prognosis for recovery is poor. The Jefferson
Animal Shelter, Inc. shall consult with a veterinarian as to
the disposition of injured animals, when the animals' prognosis
cannot be ascertained by The Jefferson Animal Shelter, Inc.
with reasonable certainty. The owner of any impounded
animal shall be responsible for the payment of such boarding
and impoundment fees established by The Jefferson Animal
Shelter, Inc.
ORDINANCE NO. 283 , Series of 1978 PAGE 5
Section 4-20.
Notice to Owner.
The Jefferson Animal Shelter, Inc. or the animal control
officer shall as soon as possible after impoundment, notify
the owner of such impoundment. If his identity cannot be
determined or if no such address is available, the animal
control officer shall cause to be posted in a conspicuous
place in the City Hall, for a period of five (5) consecutive
days prior to final disposition, a notice of impoundment
with the description of the animal and its place of impoundment.
Section 4-21. Proceedings Against Owner.
If an animal is impounded the animal control 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 control officer
from instituting a proceeding in the municipal court for
violation of this section where there has been no impoundment.
Section 4-22. Destruction of Animal on Judge's Order.
If a complaint has been filed in the municipal court of the City
against the owner of an animal for a violation of this chapter,
the municipal 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 destroyed 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 and
fines which may result from a violation or violations of
this chapter.
Section 4-23. Immediate Destruction when Deemed in Public Interest.
Nothing in this section shall be construed to prevent the
immediate destruction of any vicious dog or other animal when
deemed necessary in the interest of public safety by the
animal control officer, or any other law enforcement personnel.
Section 4-24. Interference with Animal Control Officer.
It shall be unlawful for any person to interfere with, molest,
hinder or obstruct an animal control officer or any city
employee or official in the discharge of his official duties
under this chapter.
Section 4-25. Fees.
Any dog impounded under the provisions of this chapter shall not be
released until the owner of such dog shall have paid all fees and
charges due. Impoundment fees and boarding fees are to be established
by The Jefferson Animal Shelter, Inc.
Section 4-26. Records.
It shall be the duty of the animal control officer to keep or
cause to be kept, accurate and detailed records of the impound-
ment and disposition of all dogs coming into its custody
and of all reports of animal bites reported to the animal
control officer.
ORDINANCE NO. 283 , Series of 1978
PAGE 6
Section 4-27. Severability.
If any portion of this ordinance
unenforcible for any reason, the
continue in force unless to give
would defeat the policy embodied
shall be adjudged invalid or
remainder of the ordinance shall
effect to the remaining provision
herein.
Section 2. Effective Date . This Ordinance shall take effect
1 days after final publication following final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
4 to 0 on this 22nd day of May , 1978:
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for June 26 , 1978, at
7:30 o'clock p.m., at Council Chambers, Anderson
Building, 4355 Field Street, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 4 - to 2 this 26th day of
June , 1978.
SIGNED by the Mayor on this day of
1978.
Mayor Oliver V. Phillips
ATTEST:
City Clerk Carol F. a pt
27;