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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;