HomeMy WebLinkAboutOrdinance-1990-0845
INTRODUCED BY COUNCILMEMBER EDWARDS
Ordinance No. 845
Series of 1990
TITLE:
AN ORDINANCE REPEALING AND REENACTING VARIOUS SECTIONS
OF CHAPTER 4 OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE CONCERNING ANIMALS AND ENFORCEMENT OF ANIMAL
VIOLATIONS BY ANIMAL-PARKS ENFORCEMENT OFFICERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
section 1. The following definitions in section 4-1 of the
Code of Laws of the City of Wheat Ridge are hereby repealed and
reenacted as follows:
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:
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ANIMAL OWNER MEANS ANY PERSON OWNING, KEEPING 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.
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Doq 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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Neqlect 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.
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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 in a vicioUG or
tcrrorizing manncr approaches any person in an apparent attitude
of attack OR IN A TERRORIZING OR MENACING MANNER.
section 2. section 4-4 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-4. strict liability of ANIMAL owner of dog.
For the purposes of prosecution for violation of any section
of this chapter, it shall not be necessary 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 violating
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 ANIMAL owner ~ FOR OWNING, KEEPING OR HARBORING
any dog for ANIMAL WHICH PERFORMS ANY OF the actions OR conduct
PROHIBITED BY THIS CHAPTER, aRe OR FOR OWNING, KEEPING OR HARBORING
ANY ANIMAL WHEN THE condition of such ~ ANIMAL IS PROHIBITED BY
THIS CHAPTER.
Section 3. section 4-5 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-5. Destruction OR SEIZURE on judge's order.
(a) 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, aRe 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
OF THE 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 PURSUANT TO THIS CHAPTER, THE ANIMAL
OWNER SHALL BE SUMMONED BEFORE THE MUNICIPAL COURT ON THE NEXT
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SCHEDULED COURT DATE FOLLOWING SUCH SEIZURE TO ANSWER ANY CHARGES
ARISING INCIDENT TO SUCH SEIZURE. TRIALS INVOLVING CHARGES
RESULTING IN ANIMAL 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.
Section 4. Section 4-6 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-6. Interference with animal-park enforcement 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.
section 5. section 4-8 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-8. Running at large.
(a) It shall bc unla~ful for thc owncr of any do~ to pcrmit
thc samc to run at lar~c ~ithin thc city. 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 shelter. Thc o.mcr of such animals
ahall bc liablc for all cxpcnscs of thc trcatmcnt and of thc
impoundmcnt. Injured animals may be destroyed humanely, if it is
determined by the animal shelter, or the attending veterinarian
that the animal has sustained critical injuries, IS suffering ~
extreme PAIN, and/or ~ HAS A POOR prognosis for recovery is poor.
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 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 OF ITS
EMPLOYEES, AND ANY VETERINARIAN CONSULTED, SHALL BE IMMUNE FROM
LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SUBSECTION (b).
section 6. section 4-9 of the Code of Laws of the city of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-9. creating a disturbance OR NUISANCE.
(a) It shall be unlawful for thc o.Incr of any animal, his
agcnt, scrvant, or compctcnt mcmbcr of thc mlncr I a family, or for
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any cU3todian of any animal OWNER to allow ANY ffileft animal OR
ANIMALS to create a nuisance.
(b) For the purpose of this section, a nuisance shall be
defined as being created by an animal's: CREATING A DISTURBANCE
BY frequent, habitual AND UNPROVOKED howling, barking, or other
unreasonable noise; causing of offensive odors; or the dangerous
nature thereof OR CHARACTER; OR any OTHER CONDUCT OR CONDITION
which shall 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 UNREASONABLE NOISE OF AN ANIMAL BY THE
ORDINARY OR REASONABLE USE OF PRIVATE PROPERTIES; PUBLIC ROADWAYS,
SIDEWALKS, OR ALLEYWAYS; OR COMMON AREAS OF CONDOMINIUMS,
TOWNHOUSES OR APARTMENT BUILDINGS.
(d) AN ANIMAL-PARKS 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
REASONABLE EFFORTS TO LOCATE THE ANIMAL OWNER, REASONABLY BELIEVES
THAT IMPOUNDMENT CONSTITUTES THE ONLY AVAILABLE ALTERNATIVE FOR
RESTORING THE PEACE, COMFORT, SAFETY OR HEALTH OF THE NEIGHBORHOOD.
THE ANIMAL OWNER SHALL BE LIABLE FOR ALL EXPENSES ARISING FROM SUCH
IMPOUNDMENT.
Section 7. Section 4-11 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
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, mistreatment or neglect to any animal, or TO cause ffileft
ANY animal to be wounded, mutilated, strangulated or inhumanely
killed.
(b) FOR PURPOSES OF THIS SECTION, A PERSON COMMITS AN ACT OF
HARASSMENT UPON AN ANIMAL IF SUCH PERSON'S CONDUCT OR ACTIONS
CAUSES 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.
(c) Ownership of ffileft THE animal IN QUESTION shall not be a
justifiable defense for sueft acts OR CONDUCT PROHIBITED BY THIS
SECTION or for a violation of this section.
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(d) AN ANIMAL-PARKS 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.
Section 8. Section 4-15 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-15. Vicious animals.
(a) No ORe Ghilll IT IS UNLAWFUL FOR ANY ANIMAL OWNER TO keep,
possess or harbor a vicious animal within the City.
(b) It Ghilll be the duty of the AN animal-parks enforcement
officer or hiG ageRta OTHER EMPLOYEE OR OFFICIAL OF THE CITY MAY
impound Stieft A VICIOUS animal IF THE OFFICER, EMPLOYEE OR OFFICIAL
REASONABLY BELIEVES THAT SUCH ANIMAL CONSTITUTES A SIGNIFICANT AND
IMMEDIATE THREAT TO THE HEALTH OR SAFETY OF PERSONS, PROPERTY OR
OTHER ANIMALS IN THE NEIGHBORHOOD. aRd if IF impoundment cannot
be made with safety to the animal-park enforcement officer or other
CITY EMPLOYEES, OFFICIALS OR citizens, the animal may be destroyed
without notice to the ANIMAL owner, keeper or pOGseGGor.
(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 DEFENSE 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.
Section 9. Section 4-16 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-16. Livestock runninq at larqe.
It Ghilll be unla>,..ful for ANY PERSON WHO IS AN owner or
custodian of any horseS, livestock, or other animals generally
regarded as farm or ranch animals, to permit the same SHALL BE
GUILTY OF LIVESTOCK AT LARGE IF ANY OF SUCH HORSES, LIVESTOCK OR
OTHER FARM OR RANCH ANIMALS runS at large within the city.
Section 10. The following subsections (a) and (b) of Section
4-31 of the Code of Laws of the city of Wheat Ridge are hereby
repealed and reenacted as follows:
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Sec. 4-31. Dog AND CAT licenses.
(a) Territorial application. The provisions of 6uB3ection6
(b) and (0) 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) Violations and penaltv. Any per30n violating, or m/fiing,
lceepinq, carinq for, or p03DcDsinq a dog violating 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 not to exceed ~ FOUR hundred ninety-nine dollars ($999.00
499.00) .
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Section 11. Section 4-32 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-32. Confinement of females in heat.
(a) Any un spayed 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 be removed 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 confinement 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 w-:i-:H: then be impounded SUCH
FEMALE DOG as prescribed in this chapter. Dubject to fines and
chargeD as directed. THE DOG OWNER SHALL BE LIABLE FOR ALL
EXPENSES ARISING FROM ANY IMPOUNDMENT OR CONFINEMENT UNDER THIS
SECTION.
Section 12. Section 4-35 of the Code of Laws of the City of
Wheat Ridge is hereby added as follows:
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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.
section 13. Section 4-51 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
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.
section 14. section 4-52 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-52. Custody and disposition of unelaimcd IMPOUNDED animals.
(a) AnimalG requircd te diGplay currcnt rabicG tagG by Gtatc
~tatutc or by erdinanccG ef thc city and ~hich arc net di3playing
currcnt rabic3 tago, and animalG running at largc, 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 ftftd, THIS SECTION SHALL ALSO APPLY.
(b) WHENEVER AN ANIMAL-PARK ENFORCEMENT 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.
(c) No animal shall be destroyed before the lapse of five (5)
days FOLLOWING NOTICE OF IMPOUNDMENT PURSUANT TO SECTION 4-53,
unless it iG dctcrmined by the animal shelter DETERMINES that the
animal is critically ill or injured, IS suffering ~ extreme PAIN,
and/or HAS A POOR ~ prognosis for recovery i~ peer. 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 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,
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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 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.
Section 15. Section 4-53 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-53. Notice OF IMPOUNDMENT to ANIMAL owner.
(a) The animal shelter or the WHENEVER AN ANIMAL-PARK
ENFORCEMENT OFFICER, OTHER CITY EMPLOYEE OR OFFICIAL IMPOUNDS AN
ANIMAL PURSUANT TO THIS CHAPTER, ANY ORDINANCE OF THE CITY, OR
STATE STATUTES, SUCH animal-park enforcement 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 TELEPHONE. PERSONAL
SERVICE OF A SUMMONS AND COMPLAINT UPON AN ANIMAL OWNER FOR A
VIOLATION OF THIS CHAPTER OR OTHER ORDINANCES OF THE CITY SHALL
CONSTITUTE ADEQUATE WRITTEN NOTICE OF IMPOUNDMENT.
(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 OF THE 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 CONFINED AND INFORM THE
ANIMAL OWNER THAT ANIMAL OWNERS MUST PAY ALL EXPENSES ARISING FROM
THE IMPOUNDMENT AND CONFINEMENT, INCLUDING MEDICAL EXPENSES IF ANY,
IN ORDER TO CLAIM THE IMPOUNDED 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 unknown, 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
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owner of the impoundment PURSUANT TO EITHER SUBSECTION (a) OR (b)
OF THIS SECTION.
section 16. section 4-55 of the Code of Laws of the city of
Wheat Ridge is hereby repealed and reenacted as follows:
Sec. 4-55. Immediate destruction when deemed in public interest.
(a) Nothing in this section CHAPTER shall be construed to
prevent the immediate destruction of any vicious 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 IMMEDIATE 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 DOMESTIC OR WILD ANIMAL WHEN A
VETERINARIAN, ANIMAL-PARK ENFORCEMENT OFFICER, OR OTHER LAW
ENFORCEMENT OFFICER HAS DETERMINED THAT SUCH ANIMAL IS CRITICALLY
ILL OR INJURED, IS SUFFERING EXTREME PAIN, AND/OR HAS A POOR
PROGNOSIS FOR RECOVERY. THE CITY AND ITS EMPLOYEES, AND ANY
VETERINARIAN CONSULTED, SHALL BE IMMUNE FROM LIABILITY FOR ANY
ACTIONS TAKEN PURSUANT TO THIS SUBSECTION (b). MOREOVER, NOTHING
IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT OR RESTRICT A PERSON'S
ABILITY TO PROTECT LIFE AND PROPERTY PURSUANT TO SECTIONS 33-3-
106(3) AND 33-6-107(9), COLORADO REVISED STATUTES (AS AMENDED) OR
TO LIMIT OR RESTRICT THE AUTHORITY OF ANY PERSON WORKING FOR THE
COLORADO DIVISION OF WILDLIFE, OR AT THE DIRECTION OF AN EMPLOYEE
FROM THE COLORADO DIVISION OF WILDLIFE.
section 17. Continuity. Any section, subsection, definition
or other provision which has not been expressly amended by this
ordinance shall remain unchanged and in full force and effect.
Section 18. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof to
any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not
affect application to other persons or circumstances.
Section 19. Safetv Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
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section 20. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
R to 0 on this lOth day of September , 1990,
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 Monday. October 8 , 1990, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
October
AND ORDERED PUBLISHED
8 to 0 this
, 1990.
on
8th
second and
day of
final
SIGNED by the Mayor on this 9th
1990.
day of October
~~.d--cLJ
Dan Wilde, Mayor
ATTEST:
I /
. /
____ 1'1 { 'j~ l. (~t-q..._~
Wanda Sang,
~ ;. /'<--1: I
city qkrk
APPROVED AS TO FORM BY
OFFICE OF CI~ ATTORNEY
/ ( ,/
'.
-,
John ,-E.
/
1st Publication: September 19, 1990
2nd Publication: October 17, 1990
Applewood/Wheat Ridge Transcript:
Effective Date: November 1, 1990
l
Hayes, City Attorney
~
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