HomeMy WebLinkAboutOrdinance-2007-1382
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 01
Ordinance No. 1382
Series of 2007
TITLE:
AN ORDINANCE AMENDING CHAPTER 4 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF
ANIMALS
WHEREAS, the City Council of the City of Wheat Ridge, Colorado (the "City"), desires
to amend Articles I, II and III of Chapter 4 of the City's Code of Laws, which concerns
the regulation of animals within the City to specifically regulate dangerous and
aggressive dogs within the City; and
WHEREAS, Jefferson County desires to implement a countywide tracking system for
dangerous and aggressive animals and countywide licensing system for dogs to promote
responsible pet ownership and animal welfare; and
WHEREAS, such a program benefits all those within the county by ensuring all dogs are
vaccinated and easily identifiable; and
WHEREAS, the program's licensing fees will, except for the cost of administration, be
used for capital improvements of the Table Mountain Animal Center that serves Wheat
Ridge's designated animal shelter for the boarding of animals impounded pursuant to the
Wheat Ridge Code of Laws; and
WHEREAS, amending the Code of Laws to adopt definitions of dangerous and
aggressive dogs that are consistent with the county-wide licensing and tracking system
will allow the City to participate in such county-wide licensing and tracking system; and
WHEREAS, the job title "Animal-Park Enforcement Officer" has been changed to
"Community Services Officer".
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 4-1 of the City of Wheat Ridge Code of Laws is hereby amended by
the addition of the following definitions to be added alphabetically:
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 A TT ACKING MANNER ENCROACHES OVER, THROUGH, OR UNDER A FENCE
ONTO PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF ANOTHER.
BODILY INJURY MEANS ANY PHYSICAL INJURY THAT RESULTS IN SEVERE
BRUISING, MUSCLE TEARS, OR SKIN LACERATIONS REQUIRING PROFESSIONAL
MEDICAL TREATMENT OR ANY PHYSICAL INJURY THAT REQUIRES CORRECTIVE
OR COSMETIC SURGERY.
DANGEROUS DOG MEANS ANY DOG THAT (1) INFLICTS OR CAUSES BODILY
INJURY, SERIOUS BODILY INJURY UPON A PERSON, OR DEATH UPON A PERSON
OR DOMESTIC ANIMAL; (2) ENGAGES IN OR HAS BEEN TRAINED FOR ANIMAL
FIGHTING; OR (3) HAS BEEN DETERMINED BY A COURT OF RECORD WITHIN THE
STATE OF COLORADO TO BE A VICIOUS OR DANGEROUS ANIMAL AND ITS
OWNER DOES NOT COMPLY WITH THE CONDITIONS IMPOSED BY STATE
STATUTE, LOCAL ORDINANCE, OR COURT ORDER FOR OWNERSHIP OF SAID
ANIMAL.
DOMESTIC ANIMAL MEANS ANY DOG, CAT OR LIVESTOCK.
SERIOUS BODILY INJURY MEANS BODILY INJURY WHICH, EITHER AT THE TIME OF
THE ACTUAL INJURY OR AT A LATER TIME, INVOLVES A SUBSTANTIAL RISK OF
DEATH, A SUBSTANTIAL RISK OF SERIOUS PERMANENT DISFIGUREMENT, A
SUBST ANTIAL RISK OF PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION
OF ANY PART OR ORGAN OF THE BODY, OR BREAKS, FRACTURES, OR BURNS OF
THE SECOND OR THIRD DEGREE.
Section 2. The following definition in Section 4-1 of the City of Wheat Ridge Code of
Laws is hereby amended as follows:
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.
Section 3. Subsection (a) of Section 4-5 of the Wheat Ridge Code of Laws is hereby
amended as follows:
Sec. 4-5. Destruction or seizure on judge's order.
(a) If a complaint has been filed in the municipal court ofthe 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 A DOG IS DANGEROUS OR, THAT A DOG IS AGGRESSIVE
AND HAS BEEN PREVIOUSLY FOUND BY THE COURT TO BE AN AGGRESSIVE OR
DANGEROUS DOG 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. Surren?~r of
an animal by the owner thereof does not relieve or render the owner immune ~rom. the deCiSion
of the court nor to the fees, fines or other penalties which may result from a ViOlation or
violations of this chapter.
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Section 4. Subsection (b) of Section 4-8 of the Wheat Ridge Code of Laws is hereby
amended as follows:
Sec. 4-8. Running at large.
(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 COMMUNITY SERVICES officer shall remove all such
animals and, at his discretion, take those needing medical attention to a veterinarian or to the
animal shelter. 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. 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 5. The title and subsections (b) of Section 4-15 of the Wheat Ridge Code of
Laws are hereby amended as follows and subsection ( c) of Section 4-15 is hereby repealed:
SEC 4-15. Vicious animals; DESTRUCTION OF VICIOUS ANIMALS, DANGEROUS
DOGS, AGGRESSIVE DOGS IF CANNOT BE SAFELY IMPOUNDED.
(b) A COMMUNITY SERVICES officer or other employee of the city may impound a vicious
animal, DANGEROUS DOG OR AGGRESSIVE DOG, 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. If impoundment cannot be
made with safety to the COMMUNITY SERVICES officer or other city employees, official or
citizens, the animal may be destroyed without notice to the animal owner.
~8;C :nain:ained as bua:-3 dogs or pla3e3 in ~fr~l~IDSed area f8r pr;)tection ofpors83:::; 3f
fH'Bi7Jrty ~F.. c3ffi.p~ian3e-with :x;~tion 1 33 ~h~~~ not be included undcr thi::; ~eettJI: ~o boat; ~ 3B€h
degs-f~m~in J;)nfined tJ G- J~~cific area undcr C0>.llp-~ctJ and ~bolute control. It shall not be a
defense t8 ~ '/i9lati-o:1 umlef-thi-3 E:::tion that thc dog was restrained by a l:2<3~, cord or cha~n at
the time the dog caus~3 :he violation to occur.
Section 6. Chapter 4 of the City of Wheat Ridge Code of Laws is hereby amended by the
addition of a new Section 4-17, which shall be as follows:
SEC. 4-17. UNLAWFUL POSSESSION OF DANGEROUS DOG.
(a) IT IS UNLAWFUL FORA PERSON WHO IS A DOG OWNER TO KEEP, HARBOR
OR POSSESS A DANGEROUS DOG WITHIN THE CITY.
(b) AN AFFIRMATIVE DEFENSE TO THE VIOLATION OF SUBSECTION (a) OF THIS
SECTION SHALL BE:
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1. THAT, AT THE TIME OF THE ATTACK BY THE DANGEROUS DOG, WHICH
CAUSED INJURY TO OR THE DEATH OF A DOMESTIC ANIMAL:
A. THE DOMESTIC ANIMAL WAS AT LARGE, AND ENTERED UPON
THE PROPERTY OF THE OWNER AND THE ATTACK BEGAN, BUT DID NOT
NECESSARILY END, UPON SUCH PROPERTY; OR.
B. THE DOMESTIC ANIMAL WAS BITING OR OTHERWISE ATTACKING
THE DANGEROUS 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 OWNER, AND THE ATTACK DID NOT OCCUR ON THE
OWNER'S PROPERTY; OR
B. COMMITTING OR ATTEMPTING TO COMMIT A CRIMINAL OFFENSE
AGAINST A PERSON ON THE OWNER'S PROPERTY OR THE PROPERTY
ITSELF AND THE ATTACK BEGAN, BUT DID NOT NECESSARILY END, UPON
SUCH PROPERTY; OR
C. TORMENTING, PROVOKING, ABUSING OR INFLICTING INJURY
UPON THE DOG IN SUCH AN EXTREME MANNER THAT THE A TT ACK WAS A
RESULT OF THE VICTIM'S ACTIONS.
(c) THE AFFIRMATIVE DEFENSES SET FORTH IN SUBSECTION (b) OF THIS
SECTION SHALL NOT BE AVAILABLE TO A DOG OWNER WHO HAS TRAINED THE
DANGEROUS DOG TO, OR HAS ENGAGED THE DANGEROUS DOG IN, ANIMAL
FIGHTING.
(d) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
1. PEACE OFFICERS WHILE THE OFFICER IS ENGAGED IN THE
PERFORMANCE OF PEACE OFFICER DUTIES;
2. DOG OWNERS WHOSE DOG INFLICTS BODILY INJURY OR SERIOUS
BODILY INJURY TO ANY VETERINARY HEALTH CARE WORKER, ANIMAL
GROOMER, HUMANE AGENCY PERSONNEL, PROFESSIONAL ANIMAL HANDLER,
OR TRAINER, EACH ACTING IN THE PERFORMANCE OF HIS OR HER RESPECTIVE
DUTIES UNLESS THE OWNER IS SUBJECT TO A COURT ORDER ISSUED PURSUANT
TO SUBSECTION ( e) 14 OF SECTION 4-17 AND THE DOG OWNER HAS FAILED TO
COMPLY WITH THE WRITTEN NOTIFICATION MANDATE; OR
3. THE DOG OWNER OF ANY DOG THAT INFLICTS INJURY UPON OR
CAUSES THE DEATH OF A DOMESTIC ANIMAL WHILE THE DOG WAS WORKING AS
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A HUNTING DOG, HERDING DOG, OR PREDATOR CONTROL DOG ON THE
PROPERTY OR UNDER THE CONTROL OF THE DOG OWNER AND THE INJURY OR
DEATH WAS TO A DOMESTIC ANIMAL NA TURALL Y ASSOCIATED WITH THE
WORK OF SUCH DOG.
(e) UPON THE CONVICTION OR ENTRY OF A PLEA OF GUILTY OR NO CONTEST
OR ENTRY INTO A DEFERRED JUDGMENT TO A CHARGE OF POSSESSION OF A
DANGEROUS DOG BY THE DOG OWNER, THE COURT SHALL ORDER THAT THE
DOG THAT IS THE SUBJECT OF THE CHARGE SHALL ONLY BE POSSESSED UPON
THE DOG OWNER'S COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. THE DOG OWNER SHALL, AT THE DOG OWNER'S EXPENSE, HAVE
THE DOG SPAYED OR NEUTERED AND SHALL PROVIDE PROOF TO THE
COMMUNITY SERVICES OFFICER.
2. 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 SERVICES
OFFICER. THE DOG OWNER SHALL PRODUCE THE DOG FOR VERIFICATION OF
THE MICROCHIP IMPLANTATION BY THE COMMUNITY SERVICES OFFICER. THE
COMMUNITY SERVICES OFFICER SHALL MAINTAIN RECORDS CONTAINING THE
REGISTRATION NUMBER AND NAME OF SAID DOG AND THE NAME AND ADDRESS
OF THE DOG OWNER. THE DOG OWNER SHALL BE RESPONSIBLE FOR NOTIFYING
THE COMMUNITY SERVICES OFFICER OF ANY CHANGE IN ADDRESS, OWNERSHIP,
OR DEATH OF THE DOG.
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. 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
ADEQUATEL Y LIGHTED AND VENTILATED AND KEPT IN A CLEAN AND
SANIT ARY CONDITION. ALL STRUCTURES ERECTED TO HOUSE SUCH DOG MUST
COMPL Y WITH ALL ZONING AND BUILDING REQUIREMENTS. THE COMMUNITY
SERVICES OFFICER SHALL INSPECT THE STRUCTURE TO ENSURE COMPLIANCE
WITH SUCH CONDITIONS.
4. THE DOG MAY NOT BE KEPT ON A PORCH, PATIO, OR IN ANY PART
OF A HOUSE OR STRUCTURE THAT WOULD ALLOW THE DOG TO EXIT SUCH
BUILDING UPON ITS OWN VOLITION. IN ADDITION, THE DOG MAY NOT BE KEPT
IN A HOUSE OR STRUCTURE WHEN THE WINDOWS ARE OPEN OR WHEN SCREEN
WINDOWS OR SCREEN DOOR ARE THE ONLY OBSTACLE PREVENTING THE DOG
FROM EXITIN G THE STRUCTURE.
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5. WHEN OUTDOORS IN A PRIVATE YARD, THE DOG MUST BE IN THE
SECURE ENCLOSURE OR IN THE PHYSICAL PRESENCE OF A RESPONSIBLE ADULT
,
WHO IS A MINIMUM OF TWENTY -ONE (21) YEARS OF AGE AND IS CAPABLE OF
EFFECTIVEL Y CONTROLLING THE DOG, AND INSIDE OF A SECURE SIX-FOOT
FENCE ENCLOSURE. THE COMMUNITY SERVICES OFFICER SHALL INSPECT THE
FENCE TO ENSURE COMPLIANCE WITH SAID CONDITION. AN ELECTRONIC FENCE
DOES NOT COMPLY WITH THE MANDATES OF THIS SUBSECTION.
6. AT ALL TIMES WHEN THE DOG IS OFF THE PROPERTY OF THE DOG
OWNER, THE DOG SHALL BE MUZZLED AND EITHER PLACED WITHIN A SECURE
TEMPORARY ENCLOSURE, OR SECURED BY A LEASH OF NO LONGER THAN FOUR
(4) FEET IN LENGTH HELD BY A RESPONSIBLE ADULT, WHO IS A MINIMUM OF
TWENTY -ONE (2l) YEARS OF AGE AND IS PHYSICALL Y CAPABLE OF
CONTROLLING THE DOG. EXTENSION-STYLE LEASHES SHALL NOT BE USED.
7. THE DOG MAY NOT BE LEASHED TO ANY INANIMATE OBJECT.
8. THE DOG OWNER SHALL POST, AT EACH ENTRANCE TO THE DOG
OWNER'S PROPERTY WHERE THE DOG IS KEPT, A CONSPICUOUS AND CLEARLY
LEGIBLE SIGN OF AT LEAST EIGHT (8) BY TEN (10) INCHES, WHICH SHALL
CONT AIN THE WORDS "BEWARE, DANGEROUS ANIMAL" IN LETTERING AT LEAST
TWO (2) INCHES IN HEIGHT.
9. THE DOG OWNER SHALL NOT SELL OR TRANSFER THE DOG TO ANY
PERSON EXCEPT A MEMBER OF THE DOG OWNER'S IMMEDIATE F AMIL Y WHO
SHALL THEN BE DEEMED THE DOG OWNER AND SUBJECT TO ALL THE
REQUIREMENTS OF THIS TITLE. FOR THE PURPOSES OF THIS SUBSECTION,
"IMMEDIATE F AMIL Y" SHALL MEAN THE OWNER'S SPOUSE, CHILD, PARENT, OR
SIBLING.
10. THE DOG OWNER SHALL IMMEDIATELY NOTIFY THE POLICE
DEPARTMENT OR COMMUNITY SERVICES OFFICER IN THE EVENT THAT THE DOG
IS AT-LARGE, STOLEN, OR HAS ACTED IN A DANGEROUS OR AGGRESSIVE
MANNER.
11. THE DOG OWNER MAY TRANSPORT THE DOG THROUGH THE CITY.
DURING SUCH TRANSPORT, THE DOG MUST BE MUZZLED AND CONFINED EITHER
WITHIN A SECURE TEMPORARY ENCLOSURE OR BY A LEASH NO LONGER THAN
FOUR (4) FEET IN LENGTH, WHICH IS HELD BY A RESPONSIBLE ADULT WHO IS A
MINIMUM OF 21 YEARS OF AGE, AND IS CAPABLE OF EFFECTIVELY
CONTROLLING THE DOG.
12. THE DOG OWNER WHOSE DOG INJURED OR DESTROYED ANY
DOMESTIC ANIMAL SHALL MAKE RESTITUTION TO THE INJURED OR DEAD
DOMESTIC ANIMAL'S OWNER PURSUANT TO APPLICABLE PROVISIONS
GOVERNING RESTITUTION. RESTITUTION SHALL BE EQUAL TO THE GREATER OF
THE FAIR MARKET VALUE OR THE REPLACEMENT COST OF THE DOMESTIC
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ANIMAL ON THE DATE, BUT BEFORE THE TIME, THE ANIMAL WAS INJURED OR
DESTROYED PLUS ANY REASONABLE AND NECESSARY MEDICAL EXPENSES
INCURRED IN TREATING THE ANIMAL AND ANY ACTUAL COSTS INCURRED IN
REPLACING THE INJURED OR DESTROYED ANIMAL.
l3. THE DOG OWNER WHOSE DOG INFLICTED BODILY INJURY OR
SERIOUS BODILY INJURY UPON ANY PERSON, SHALL MAKE RESTITUTION
PURSUANT TO THE PROVISIONS GOVERNING RESTITUTION.
l4. PRIOR TO THE DANGEROUS DOG RECEIVING ANY SERVICE OR
TREA TMENT, THE DOG OWNER SHALL DISCLOSE IN WRITING TO ANY PROVIDER
OF THE SERVICE OR TREATMENT, INCLUDING BUT NOT LIMITED TO A
VETERINARY HEALTH CARE WORKER, DOG GROOMER, HUMANE AGENCY STAFF
PERSON, PET ANIMAL CARE FACILITY STAFF PERSON, PROFESSIONAL ANIMAL
HANDLER, OR DOG TRAINER, EACH ACTING IN THE PERFORMANCE OF HIS
RESPECTIVE DUTIES, THAT THE DANGEROUS DOG HAS BEEN THE SUBJECT OF A
CONVICTION.
l5. THE DOG SHALL BE CURRENTLY INOCULATED AGAINST RABIES
AND SHALL DISPLAY RABIES AND IDENTIFICATION TAGS IN COMPLIANCE WITH
SECTION 4-3l OF THIS CHAPTER.
(f) UPON CONVICTION OR ENTRY OF A PLEA OF GUILTY OR NO CONTEST OR
ENTRY INTO A DEFERRED JUDGMENT TO A CHARGE OF POSSESSION OF A
DANGEROUS DOG BY THE DOG OWNER, THE COURT MAY ORDER THAT THE DOG
SUBJECT TO THE CHARGE SHALL ONLY BE POSSESSED UPON THE DOG OWNER'S
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
l. NO OTHER DOG SHALL BE POSSESSED OR HARBORED AT THE DOG
OWNER'S RESIDENCE DURING THE PERIOD OF COURT ORDERED SUPERVISION.
2. COMMUNITY SERVICE WORK AT AN ANIMAL SHELTER.
3. SUCCESSFUL COMPLETION OF A COURT APPROVED ANIMAL
OBEDIENCE TRAINING, BEHAVIOR MODIFICATION, PET MANAGEMENT CLASS,
AND/OR ANY OTHER TREATMENT PROGRAM OR TRAINING THAT THE COURT
MAY DEEM APPROPRIATE. THE DOG OWNER SHALL BEAR THE COST OF THE
PROGRAM OR TRAINING.
(g) IT SHALL BE UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION AND ANY SUCH VIOLATION SHALL SUBJECT
THE VIOLATOR TO PROSECUTION FOR UNLAWFUL POSSESSION OF A
DANGEROUS DOG PURSUANT TO THIS CHAPTER.
(h) A DOG OWNER MAY REQUEST AN EXEMPTION TO THESE PROVISIONS IF,
FOR MEDICAL REASONS, HIS/HER DOG CANNOT BE V ACCINA TED OR
SP A YED/NEUTERED. IN THIS EVENT, A DOG OWNER MUST SUBMIT AN AFFIDAVIT
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FROM A LICENSED VETERINARIAN STATING THE REASONS WHY THE DOG IS
UNABLE TO BE VACCINATED OR SPA YED/NEUTERED.
Section 7. _Chapter 4 of the City of Wheat Ridge Code of Laws is hereby amended by the
addition of a new Section 4-18, which shall be as follows:
SEe. 4-18. UNLAWFUL POSSESSION OF AGGRESSIVE DOG.
(a) IT IS UNLAWFUL FOR A PERSON WHO IS A DOG OWNER TO KEEP, HARBOR
OR POSSESS AN AGGRESSIVE DOG WITHIN THE CITY.
(b) THE AFFIRMATIVE DEFENSES AND EXCEPTIONS SET FORTH IN SECTION 4-
l5, SUBSECTIONS (b) AND (c), SHALL BE APPLICABLE TO ANY PROSECUTION FOR
A VIOLATION OF THIS SECTION.
(c) UPON CONVICTION OR ENTRY OF A PLEA OF GUILTY OR NO CONTEST OR
ENTRY INTO A DEFERRED JUDGMENT TO A CHARGE OF POSSESSION OF AN
AGGRESSIVE DOG, THE COURT SHALL ORDER THAT THE DOG SUBJECT TO THE
CHARGE SHALL ONLY BE POSSESSED UPON THE DOG OWNER'S COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
l. 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 ANIMAL CONTROL
SECTION OF THE WHEAT RIDGE POLICE DEPARTMENT. THE DOG OWNER
SHALL PRODUCE THE DOG FOR VERI FICA TION BY ANIMAL CONTROL OF
THE MICROCHIP IMPLEMENTATION. ANIMAL CONTROL 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 ANIMAL CONTROL OF ANY
CHANGE IN THE ADDRESS, OWNERSHIP, OR DEATH OF THE DOG.
2. AN EXTENSION STYLE LEASH SHALL NOT BE USED UPON SAID DOG.
3. THE DOG SHALL NOT BE LEASHED TO ANY INANIMATE OBJECT.
4. THE DOG SHALL BE CURRENTL Y INOCULATED AGAINST RABIES
AND SHALL DISPLAY RABIES AND IDENTIFICATION TAGS IN COMPLIANCE
WITH SECTION 4-3l OF THIS CHAPTER.
(d) UPON THE CONVICTION OR ENTRY OF A PLEA OF GUILTY OR NO CONTEST
OR ENTRY INTO A DEFERRED JUDGMENT TO A CHARGE OF POSSESSION OF A
DANGEROUS DOG BY THE DOG OWNER, THE COURT MAY ORDER THAT THE DOG
THAT IS THE SUBJECT OF THE CHARGE SHALL ONLY BE POSSESSED UPON THE
DOG OWNER'S COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. COMMUNITY SERVICE WORK AT A DOG SHELTER.
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2. SUCCESSFUL COMPLETION OF A COURT APPROVED DOG OBEDIENCE
TRAINING, BEHAVIOR MODIFICATION, PET MANAGEMENT CLASS, AND/OR
ANY OTHER TREATMENT PROGRAM THAT THE COURT MAY DEEM
APPROPRIA TE. THE DOG OWNER SHALL BEAR THE COST OF THE
PROGRAM OR TRAINING.
3. THE DOG OWNER SHALL, AT THE DOG OWNER'S EXPENSE, HAVE
THE ANIMAL SPAYED OR NEUTERED AND SHALL PROVIDE PROOF TO
THE ANIMAL CONTROL SECTION OF THE WHEAT RIDGE POLICE
DEPARTMENT THAT THE STERILIZATION HAS BEEN PERFORMED.
(e) A DOG OWNER MAY REQUEST AN EXEMPTION TO THESE PROVISIONS IF,
FOR MEDICAL REASONS, HIS/HER DOG CANNOT BE VACCINATED OR
SPA YEDINEUTERED. IN THIS EVENT, A DOG OWNER MUST SUBMIT AN AFFIDAVIT
FROM A LICENSED VETERINARIAN STATING THE REASONS WHY THE DOG IS
UNABLE TO BE V ACCINA TED OR SPA YEDINEUTERED.
Section 8. Section 4-52 of the Wheat Ridge Code of Laws is hereby amended by the
addition of three new subsections, amendments to new subsections (d) and ( e), and relettering
new subsections (d) through (g) and shall be as follows:
Sec. 4-52. Custody and disposition of impounded animals.
(a) UPON CITATION OF A DOG OWNER FOR POSSESSION OF A DANGEROUS
DOG PURSUANT TO SECTION 4-l5(a), COMMUNITY SERVICES OFFICERS SHALL
TAKE INTO CUSTODY THE DOG OWNER'S DOG AND SHALL PLACE THE DOG IN
THE ANIMAL SHELTER AT THE DOG OWNER'S EXPENSE PENDING FINAL
DISPOSITION OF THE CHARGE AGAINST THE OWNER IF:
1. THE DOG OWNER'S DOG HAS INFLICTED BODILY INJURY OR
SERIOUS BODILY INJURY UPON A PERSON;
2. THE DOG OWNER HAS FAILED TO COMPLY WITH THE RESTRICTIONS
IMPOSED BY STATE STATUTE, LOCAL ORDINANCE OR COURT ORDER FOR THE
POSSESSION OF A DANGEROUS DOG; OR
3. THE DOG OWNER'S DOG HAS BEEN ENGAGED IN OR TRAINED FOR
ANIMAL FIGHTING.
(b) UPON CITATION OF A DOG OWNER FOR POSSESSION OF A DANGEROUS
DOG, IF THE VICTIM OF THE OFFENSE IS A DOMESTIC ANIMAL COMMUNITY
SERVICES OFFICERS MAY TAKE THE DOG OWNER'S DOG INTO CUSTODY AND
MA Y PLACE THE DOG IN THE ANIMAL SHELTER AT THE OWNER'S EXPENSE
PENDING FINAL DISPOSITION OF THE CHARGE AGAINST THE OWNER.
(c) WHEN IMPOUNDED PURSUANT TO SUBSECTION (a) OR (b) OF THIS SECTION,
THE DOG SHALL REMAIN IMPOUNDED UNLESS OTHERWISE ORDERED RELEASED
BY THE COURT AND THE DOG OWNER SHALL BE LIABLE FOR THE TOTAL COST
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OF BOARD AND CARE FOR THE DOG. THE COURT SHALL ORDER ANY
CONVICTED DOG OWNER OR ANY OWNER WHO ENTERED INTO A DEFERRED
JUDGMENT OR DEFERRED PROSECUTION TO MAKE PAYMENT TO THE ANIMAL
SHELTER FOR ALL IMPOUNDMENT FEES, BOARDING COSTS, AND ANY
REASONABLE AND NECESSARY MEDICAL EXPENSES INCURRED DURING THE
IMPOUNDMENT OF THE DOG.
(d) 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 COMMUNITY SERVICES officers, or
employees or agents of the city, this section shall also apply.
(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.
(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) 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 9. Section 4-31 ofthe Wheat Ridge code of Laws is hereby amended as follows:
Sec. 4-31. Dog and cat licenses.
(a) Territorial application. The provisions 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 penalty. Any 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
of not more than one thousand dollars ($l,OOO.OO).
(c) Required; described. A license is required for all dogs or cats in t~is city ~ follows: A valid
dog or cat license shall be a current Mile-Hi rabies tag and registratiOn certificate. A VALID
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DOG LICENSE SHALL BE A DOG LICENSE ISSUED BY THE JEFFERSON COUNTY
ANIMAL CONTROL DIVISION OR SUCH OTHER AGENT AS MAY BE DESIGNATED
BY JEFFERSON COUNTY FROM TIME TO TIME. 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 V ACCINA TED.
(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 V ALID TAG
FROM THE JEFFERSON COUNTY ANIMAL CONTROL DIVISION, WHICH REQUIRES
PROOF OF CURRENT RABIES V ACINA TION 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 of the correspondingly numbered
tag.
(e) When to obtain license--Initially. A dog or cat owner shall obtain a license as above-
described for his dog or cat within ten (10) days after the dog or cat reaches four (4) months of
age, or within ten (10) days after the dog's or cat's first permanent teeth appear, whichever comes
first. A DOG OWNER SHALL OBTAIN A LICENSE AS ABOVE-DESCRIBED FOR HIS
DOG ON OR BEFORE THE DATE THE DOG REACHES THE AGE OF SIX (6) MONTHS,
OR WITHIN THIRTY DAYS OF ACQUISITION OF SAID DOG, WHICHEVER OCCURS
LAST.
(1) Same--Renewal. The owner of any dog or cat shall have his dog or cat relicensed, AS
SUCH LICENSING IS REQUIRED IN SUBSECTION (c), ABOVE, annually. wi-th a ~1ile Hi
fabi~~ :a; a;1J registration. Such Mit~ ~i r~~:cs--ta-; ~na-re6~::;}rc:ion certificateLICENSE shall be
considered current for a twelve-month period from the date of issue.
(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 after vaccination of the dog or cat with a U.S.D.A. licensed rabies vaccine.
(h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag and
registration certificate for their 00g-ef cat by a veterinarian licensed to practice in the state, upon
proof of having had the dog or cat vaccinated for rabies by a licensed veterinarian with a current
U.S.D.A. licensed rabies vaccine.
(i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or permit
to remain affixed, a Mit~ ~-i ;"-ubies--tag evidencing licensing and vaccination except for the
specific dog or cat for which the tag was assigned at the time the tag was issued.
Section 10. Subsections (a) and (c) of Section 4-53 ofthe Wheat Ridge Code of Laws
are hereby amended as follows:
Sec. 4-53. Notice of impoundment to animal owner.
(a) Whenever a COMMUNITY SERVICES officer, other city employee or official impounds
an animal pursuant to this chapter, any ordinance of the city or state statutes, such COMMUNITY
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SERVICES 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.
(c) If the identity of the animal owner is unknown, the COMMUNITY SERVICES 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 owner of the impoundment
pursuant to either subsection ( a) or (b) of this section.
Section 11. Section 4-54 of the Wheat Ridge Code of Laws is hereby amended as
follows:
Sec. 4-54. Proceedings against owner.
If an animal is impounded, the COMMUNITY SERVICES 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 COMMUNITY SERVICES officer from instituting a proceeding in the municipal
court for violation of this section where there has been an impoundment.
Section 12. Subsection (a) and (b) of Section 4-55 of the Wheat Ridge Code of Laws are
hereby amended as follows:
Sec. 4-55. Immediate destruction when deemed in public interest.
(a) Nothing in this 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
COMMUNITY SERVICES 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, COMMUNITY SERVICES 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 C.R.S. SS l06(3) and 33-6-107(9) (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 13. Safety 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 14. Effective Date. With the exception of Section 9, this Ordinance shall take
effect fifteen days after final publication, as provided by Section 5.11 of the Charter. Section 9
of this Ordinance shall be effective upon Jefferson County's implementation of a countywide
licensing system for dogs and the execution by all parties of an intergovernmental agreement
concerning the use of the licensing program's licensing fees.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of r; to
1 on this 8th day of January , 2007, 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 .T:;lnll::>ry ?? ,2007, at 7:00 o'clock p.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 R to () , this ??nrl day of T::>nll::>ry ,2007.
SIGNED by the Mayor on this 23rd
day of J anuarv
. ., I}
;/httJr&i/?,~
Jet r:\i!itUio, Mayor
,2007.
AT~' ~T: .
.,\ ~...
\.. ~.
., l',) ^-- ,. r\'o-:)
Christa Jones, Acting C4, Clerk
~fY's To Form
(jf;~
Gerald E. Dahl, City Attorney
First Publication: January 11, 2007
Second Publication: January 25, 2007
Wheat Ridge Transcript
Effective Date: February 9, 2007
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