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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. -2- 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: -3- 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 -4- 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. -5- 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 -6- 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 -7- 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. -8- 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 -9- 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 -lO- 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 -ll- 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. -12- 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 -13-