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HomeMy WebLinkAbout04 - ANIMALS . . . e . Chapter 4 ANIMALS* Article I. In General Sec. 4-1. Definitions. Sec. 4-2. Animal welfare and control commission. Sec. 4-3. Violations and penalties. Sec. 4-4. Strict liability of animal owner. Sec. 4-5. Destruction or seizure on judge's order. Sec. 4-6. Interference with animal-park enforcement officer. Sec. 4-7. Records. Sec. 4-8. Running at large. Sec. 4-9. Creating a disturbance or nuisance. Sec. 4-10. Rabies control. Sec. 4-11. Cruelty or inhumane treatment. Sec. 4-12. Promotion of fights for exhibition, wager, etc. Sec. 4-13. Poisoning. Sec. 4-14. Exotic or wild animals. Sec. 4-15. vicious animals. Sec. 4-16. Livestock running at large. Sees. 4-17-4-30. Reserved. Article n. Dogs and Cats Sec. 4-31. Dog and cat licenses. Sec. 4-32. Confinement of females in heat. Sec. 4-33. Guard dogs. Sec. 4-34. Kennel licenses. Sec. 4--35. Removal of dog feces from certain areas. Sees. 4-36-4-50. Reserved. Sec. 4-51. Sec. 4-52. Sec. 4-53. Sec. 4-54. Sec. 4-55. Sec. 4-56. Article m. Impoundment Animal shelter. Custody and disposition of impounded animals. Notice of impoundment to animal owner. Proceedings against owner. Immediate destruction when deemed in public interest. Fees. "'Cross reference-Protection of wildlife, S 16-64. State law references-Home rule powers, CoL Canst. Art. XX, ~ 6; municipal authority to regulate animals, C.R.S. ~ 31~15-401 (l)(f), (l)(i), (1)(m). Supp. No. 22 275 r. I I. . . . ANlMAIB ARTICLE I. GENERAL 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: Abandonment means and includes the leaving of an animal by its owner or owners or other person or persons responsible for its care or custody without making effective provisions for its proper care. Animal means any animal other than humans. Animal owner means any person owning, keep- ing 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. Animal-park enforcement officer means an agent of the chief of police and an officer of the police department empowered by the city to enforce the provisions of this chapter. Animal shelter means Table Mountain Animal Shelter, Inc., which 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 or law of the state. Common area of condominium, townhouse and apartment buildings means and includes; but is not limited to, the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways, and driveways of condomin- ium, townhouse and apartment buildings, or of condominium, townhouse or apartment building complexes. Dog means any animal of the speciesCanis familiaris, regardless of sex. Dog 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. Supp. No. 22 H-2 Guard dog means a dog trained to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog. This dog must be registered with the city as a guard dog. Mistreatment means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. Neglect 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. Running at large means 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 not to exceed six (6) feet in length; except that, for purposes of this definition, the "premises of the owner" shall not include common areas of condo- miniums, townhouses 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. 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 approaches any person in an apparent attitude of attack or in a terrorizing or menacing manner. (Code 1977, !i 4-1; Ord. No. 1990-845,!i 1, 10-8-90; Ord. No. 1998-1135, !i 3, 11-9-98) Cross reference-Definitions and rules of construction generally, ~ 1-2. Sec. 4-2. Animal welfare and control com. mission. The animal welfare and control commission as established in section 2-56, shall act upon all matters set forth in this chapter in accordance with the authority granted them in section 2-56. (Code 1977, !i 4-2; Ord. No. 1998-1135, !i 2,11-9- 98) 277 H-3 WHEAT RIDGE CITY CODE Sec. 4-3. Violations and penalties. (a) Any person found to be in violation of the provision of this chapter shall be guilty of an unlawful act, and upon conviction shall be pun- ishable by a fine of not less than twenty-five dollars ($25.00) and not to exceed one thousand dollars ($1,000.00), or by imprisonment not to exceed one year or by both such fine and impris- onment; provided, however, than no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this chapter. (b) Authority is hereby expressly granted to the judges of the municipal court to award, as restitution to any victim of any action specified as unlawful in this chapter, an amount equal to the actual damages suffered by the victim and to order any person found, or pleading guilty to any such violation, to pay any such restitution as ordered by the court. Such restitution shall be determined by the submission of a bill of costs by the victim to the court on a form approved by the court, but the court shall be limited in awarding as such restitution only actual costs incurred by the victim. Authority is expressly granted to the court to order such restitution for any and all costs incurred by public safety and/or emergency response agencies of the city or other governmen- tal or quasi-governmental entities in connection with the initial response to and all subsequent followup investigation of violation. Any restitu- tion ordered by the court shall be in addition to any fine and/or imprisonment authorized by this Code and shall likewise be applicable to any situation in which deferred judgment or deferred sentence is accepted and/or imposed by the court. (Code 1977, ~ 4-12; Ord. No. 1998-1120, ~ 4, 6-8-98) Sec. 4-4. Strict liability of animal owner. For the purposes of prosecution for violation of any section of this chapter, it shall not be neces- sary 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 violat- ing 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 Supp. No. 22 animal owner for owning, keeping or harboring any animal which performs any of the actions or conduct prohibited by this chapter, or for owning, keeping or harboring any animal when the condi- tion of such animal is prohibited by_this chapter. (Code 1977, ~ 4-11; Ord_ No_ 1990-845, ~ 2, 10-8- 90) Sec. 4.5. Destruction or seizure on judge's order. (a) If a complaint has been filed in the munic- i pal court of the city against the owner of an animal for a violation of this chapter, the munic- ipal 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 de, stroyed 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, 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 ofthe 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 pur- suant to this chapter, the animal owner shall be summoned before the municipal court on the next scheduled court date following such seizure to answer any charges arising incident to such sei- zure. Trials involving charges resulting in animal 278 . . . . . . . . e . ANIMALS 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. (Code 1977, S 4-22; Ord. No. 1990-845, S 3, 10-8- 90) Sec. 4-6. Interference with animal-park en- forcement 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. (Code 1977, S 4-24; Ord_ No. 1990-845, 9 4, 10-8- 90) Cross reference-Duties of animal-park enforcement of- ficer, ~ 2-33. Sec. 4-7. Records. It shall be the duty of the animal-park enforce- ment officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all dogs coming into the custody of and of all reports of animal bites reported to the animal-park enforcement officer. (Code 1977, 9 4-26) Sec. 4-8. Running at large. (a) 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 shel- ter. Injured animals may be destroyed humanely if it is determined by the animal shelter or the attending veterinarian that the animal has sus- tained 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 Supp. No. 22 H-9 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 ofits employees, and any veterinarian consulted shall be immune from liability for any actions taken pursuant to this subsection (b). (Code 1977, S 4-4; Ord. No. 1990-845, S 5, 10-8-90) Sec. 4-9. Creating a disturbance or nuisance. (a) It shall be unlawful for any animal owner to allow any animal or animals to create a nui- sance. (b) For the purpose of this section, a "nui- sance" shall be defined as being created by an animal's: creating a disturbance by frequent, ha- bitual and unprovoked howling, barking or other unreasonable noise; causing of offensive odors; dangerous nature or character; or any other con- duct or .condition which 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 unreason- able noise of an animal by the ordinary or reason- able use of private properties; public roadways sidewalks, or alleyways; or common areas of con- dominiums, townhouses or apartment buildings. (d) An animal-park 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 reason- able efforts to locate the animal owner, reason- ably believes that impoundment constitutes the only available alternative for restoring the peace, comfort, safety or health ofthe neighborhood. The animal owner shall be liable for all expenses arising from such impoundment. (Code 1977, 9 4-4.1; Ord. No_ 1990-845, S 6, 10-8-90) 279 ~ 4-10 WHEAT RIDGE CITY CODE See. 4.10. Rabies control. (a) All dogs and cats over the age of four (4) months shall be inoculated by a licensed veteri- narian against rabies. Such inoculation shall be given at least once each year. An owner acquiring a dog or cat shall have such dog or cat inoculated against rabies within ten (10) days after the date of acquisition, or within ten (10) days after the dog or cat reaches four (4) months of age, which- ever occurs last. Any person moving into the city from a location outside of the city shall comply with this section within ten (10) days after having moved into the city. (b) Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten (10) days. No animal under confinement shall be released from confinement until such release has been approved by the animal-park enforcement 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-park enforce- ment officer. The location of such confinement shall be determined by the animal control com- mission 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-park enforcement 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 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 mem- ber 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 know- ingly secrete or refuse to produce the animal, each Supp. No. 22 day of secretion or refusal to produce the animal shall constitute a separate and individual viola- tion of this section. (e) When an animal under quarantine has been diagnosed as being rabid by a licenses vet- erinarian 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 [animal]. If any animal under quarantine dies while under obser- vation, the animal-park enforcement officer or his agents shall immediately take action to obtain a pathological and inoculation examination of the animal. A13 soon asa diagnosis is made available, the animal-park enforcement~ officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has not be inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed. (f) Every physician or other medical practitio- ner who treats a person or persons for bites inflicted by animals shall report such fact to the animal-park enforcement officer. The veterinar- ian shall determine, before any rabies inoculation is given, whether the subject dog [animal] is under quarantine or has inflicted a bite on any person within the last ten (10) days. (g) Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal park enforcement officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject dog [animal] is under quar- antine or has inflicted a bite on any person within the last ten (10) days. (b) In case of an outbreak of rabies, constitut- ing an emergency situation, the mayor shall be authorized to impose strict regulations pertaining to animals within the city. (Code 1977, ~ 4-5) State law reference-Rabies control, C.R.S. ~ 25-4-601 et seq. 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, mis- 280 . . . . . . e . e . ANIMALS treatment or neglect to any animal, or to cause any animal to be wounded, mutilated, strangu- lated or inhumanely killed. (b) For purposes ofthis section, a person com- mits an act of harassment upon an animal if such person's conduct or actions causes an animal to behave as iffrightened, causes the animal displea- sure or pain, or otherwise causes the animal to become likely to injure either itself or other per- sons or animals, or causes the animal to create a nuisance. (c) Ownership of the animal in question shall not be a justifiable defense for acts or conduct prohibited by this section or for a violation of this section. (d) An animal-park 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. (Code 1977, (l4-6; Ord. No. 1990-845, (l7, 10-8-90) State law references-Cruelty to animals, C.R.S. ~ 18- 9-201 et seq.; anthority of city to prohibit cruelty to animals, C.R.S. ~ 31-15-401(lXi). Sec. 4-12. Promotion of fights for exhibi- tion, wager, etc. It shall be unlawful for any person to cause, instigate or encourage any animal to fight with another of its own species or with another of a different species. It shall be unlawful to maintain any place where any animals are pennitted to fight for exhibitions, for wager or for sport. (Code 1977, (l4-7) State law reference-Authority of city to prevent dog and cock fights, C.R.S. ~ 31-15-401(IXO. Sec. 4-13. Poisoning. It shall be unlawful for any person to poison any dog or any other domesticated animal or to distribute poison in any manner whatsoever with the intent of poisoning any dog or other domesti- cated animal. (Code 1977, (l4-8) Supp. No. 22 ~ 4-14 Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild ani- mals, that is, any animal that is not a domestic animal, whether it is a native animal ofthis state or not. (b) Exceptions. The animal welfare and control commission may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. (c) Potbellied pigs: (1) Any exceptions granted by the animal control commission for a potbellied pig, Bus scrofa vittatus, pursuant to section 4-14(b), shall be limited as follows; a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; b. Every potbellied pig must be neu- tered or spayed by the age offour (4) months; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d. The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining pot- bellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure lo- cated on an adjacent lot; f. Outdoor enclosures must be kept clean; g. Prior to the granting of an exception, owners must review educational ma- terials provided by the animal wel- 281 ~ 4-14 WHEAT RIDGE CITY CODE fare and control commission related to the care and keeping of potbellied pigs; h. The animal welfare and control com- mission shall adopt rules of proce- dure related to the review of com- plaints regarding the keeping of potbellied pigs for which an excep- tion has been granted; and i. The animal welfare and control com- mission may impose reasonable con- ditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs, Sus scrofa vittatus, which is an exotic animal, shall be permitted in the Agricultural-Two Zone District and shall not be subject to the requirements of sections 4-14(b) and (c). (3) Notwithstanding the requirements of chap- ter 26, the keeping of an exotic animal for which the commission has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the af- fected property. (d) Specific animals enumerated: (1) The following are domestic animals: Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks, geese, swans, poultry). Domestic rabbit (Oryctolagus cuniculus). Mongolian gerbil Weriones unguicularus). Guinea pig (Cavia porceilus). Hamster (Musorcriectus auratus). Domestic laboratory mouse (Mus domesticus). Domestic laboratory rat (Rattus rattus Albino strain). Domestic cat (Felis catus). Domestic dog (Canis familiaris). Supp. No. 22 Domestic livestock, including, but not lim- ited to: Horses, cattle, sheep, goats, mules, donkeys, burros, llamas, hon- eybees, and swine (except potbellied pigs, Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). (2) Exotic and wild "nim"ls shall consist of every other creature within the animal kingdom. (Code 1977, ~ 4-9; Ord_ No. 1996-1050, ~~ 1, 2, 10-14-96; Ord. No. 1998-1135, ~ 2, 11-9-98) Sec. 4.15. Vicious animals. (a) It is unlawful for any animal owner to keep, possess or harbor a vicious animal within the city. (b) An animaJ.~park enforcement officer or other employee of the city may impound a vicious ani- mal if the officer, employee or official reasonably believes that such animal constitutes a signifi- cant 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 animal,park enforcement of- ficer or other city employees, official or citizens, the animal may be destroyed without notice to the animal owner. (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 defence 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. (Code 1977, ~ 4-9.1; Ord. No. 1990-845, ~ 8, 10-8-90) Sec. 4-16. Livestock running at large. Any person who is an owner or custodian of any horses, livestock or other animals generally re- garded as farm or ranch animals shall be guilty of 282 . . . . . . e . . . ANIMALS livestock at large if any of such horses, livestock or other farm or ranch animals runs at large within the city. (Code 1977, S 4-10; Ord. No. 1990-845, S 9, 10-& 90) State law reference-Authority to regulate and prohibit the running at large of animals, CRS. ~ 31-15-401(lXmXD. Sees. 4-17-4-30. Reserved. ARTICLE n. DOGS AND CATS* 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) Vwlations 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 ($1,000_00). (c) Required; described. A license is required for all dogs or cats in this city as follows: A valid dog or cat license shall be a current Mile-Hi rabies tag and registration certificate. (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. 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-de- scribed 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. "'State law reference-Impoundment authority of cities, C.R.S. ~ 31-15-401(IXm). Supp. No. 22 ~ 4-32 (f) Same-Renewal. The owner of any dog or cat shall have his dog or cat relicensed annually with a Mile-Hi rabies tag and registration. Such Mile-Hi rabies tag and registration certificate 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 veter- inarians 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 dog or 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 U.S.DA. licensed rabies vaccine within the last twelve (12) months. (i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or permit to remain affixed, a Mile-Hi rabies 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. (Code 1977, SS 4-13, 4-14; Ord. No. 1990-845, S 10, 10-8-90; Ord_ No. 1998c1120, S 3, 6-8-98) Sec. 4-32. Commement of females in heat. (a) Any unspayed 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 remove 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 con- 283 ~ 4-32 WHEAT RIDGE CITY CODE finement 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 then im- pound such female dog as prescribed in this chapter. The dog owner shall be liable for all expenses arising from any impoundment or con- finement under this section. (Code 1977, ~ 4-15; Ord_ No. 1990-845, ~ 11, 10-8-90) Sec. 4-33. Guard dogs. It shall be unlawful for any person to place or maintain guard dogs in any area for the protec- tion of persons or property unless the following conditions arenmet: (1) The dogs shall be confined to an enclosed area adequate to ensure they will not escape; or (2) They shall be under the absolute control of a handler at all times; and (3) Warning signs shall be conspicuously posted indicating the presence of guard dogs, and such signs shall plainly show a telephone number where some person re- sponsible for controlling such dogs can be reached at all times; and (4) Prior to the posting of guard dogs on any property, the person or persons responsi- ble for the posting shall inform the super- vising animal-park enforcement officer in writing of their intention to post such dogs, the number of dogs to be posted, the location where such dog or dogs will be posted and the approximate length oftime such dog or dogs will be patrolling the area. (Code 1977, ~ 4-17) Sec. 4.34. Kennel licenses. (a) No person, group of persons or business entity shall own, keep or harbor more than three (3) dogs or four (4) cats of more than six (6) Supp. No. 22 months of age or engage in the commercial busi- nessofbreeding, buying, selling, trading, training or boarding cats or dogs without having obtained a kennel license from the chief of police. (b) Kennel licenses must be renewed every year between January 1 and March 1. No kennel license shall be issued until a recommendation of approval has been obtained from the animal wel- fare and control commission. (c) The yearly license fee for kennels shall be as established by the commission by resolution. (d) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospi- tal. (e) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six (6) months of age. Any person or business applying for or holding a kennel license must be currently licensed by the State of Colorado. Pursuant to the Pet Animal Care and Facilities Act, C.R.S. ~~ 35-80-101-35- 80-117. The issuance of a new kennel license shall be based on the following minimum requirements: Application for a new kennel license or for transfer of an existing license shall be made to and a recommendation of approval obtained from the commission. The application shall include a detailed description of the property to be licensed. The commission may require a public hearing before a new kennel license is recommended for approval. The hearing shall be posted and pub- lished in the same manner as in section 26-6. The animal welfare and control commission shall have the authority to conduct a hearing to consider whether to recommend that the chief of police grant a variance to subsection (a) above as to the number of animals pennitted and the commission shall inform the chief of police of its decision. The recommendation of the commission shall be forwarded to the chief of police, who shall act to 284 . . . e . I. i . . . . ANIMALS approve, approve with conditions, or deny the application within thirty (30) days of the commission's recommendation. The chief of police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section, after review and ap- proval by the animal welfare and control commis- sion. Animal park enforcement officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours. Violations of any of this section may be brought before the animal welfare and control commission for review, and a hearing may be initiated by the commission for suspension, revocation or nonrenewal of the kennel license. The animal welfare and control commission may recommend, and the chief of police may revoke, suspend or not renew a license for failure to comply with any of the requirements of this section. No such action may be taken without prior notice to the licensee and an opportunity for the licensee to present evidence and testify. No decision by the chief of police under this section shall bind, alter, or affect a subsequent decision on a subsequent applica- tion, either for a new kennel license or for renewal of an 'existing license. Nothing in this section shall affect the independent authority of appro- priate city officials to take action with respect to vicious animals, threats to public safety, or the enforcement of any other provision ofthis Code of Laws. (Code 1977, S 4-3; Ord. No. 1998-1135, S 4, 11-9- 98) 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. (Ord. No. 1990-845, S 12, 10-8-90) Supp. No. 22 ~ 4-52 Sees. 4-36-4-50. Reserved. ARTICLE m. IMPOUNDMENT 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. (Code 1977, S 4-18; Ord. No. 1990-845, S 13, 10-8-90) Sec. 4-52. Custody and disposition of im- pounded animals. (a) 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, this section shall also apply. (b) Whenever an animal-park enforcement of- ficer or other employee or agent of the city im- pounds an animal, such animal shall be im- pounded 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 pursu. ant 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 destruc- tion at the sole discretion of the animal shelter. (c) No animal shall be destroyed before the lapse of five (5) days following notice of impound- ment 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 dispo- sition of injured animals, when the animal's prog- nosis cannot be ascertained by the animal shelter with reasonable certainty. The owner of any im- pounded animal shall be responsible for the pay- ment of such boarding and impoundment fees established by the animal shelter. The city and its employees, the animal shelter and its employees, 285 ~ 4-52 WHEAT RIDGE CITY CODE 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 ofthe 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 impound- ment. (Code 1977, ~ 4-19; Ord. No. 1990-845, ~ 14, 10-8-90) Sec. 4.53. Notice of impoundment to animal owner. (a) Whenever an animal-park enforcement of- ficer, other city employee or official impounds an animal pursuant to this chapter, any ordinance of the city or state statutes, such animal-park en- forcement 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 tele- phone. Personal service of a summons and com- plaint upon an animal owner for a violation of this chapter or other ordinances of the city shall constitute adequate written notice of impound- ment. (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 ofthe 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 Supp. No. 22 confined and inform the animal owner that ani- mal owners must pay all expenses arising from the impoundment and confinement, including med- ical expenses if any, in order to claim the im- pounded 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 un- known, 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 owner of the impoundment pursuant to either subsection (a) or (b) of this section. (Code 1977, ~ 4-20; Ord. No. 1990-845, ~ 15, 10-8-90) Sec. 4.54. Proceedings against owner. If an "nim,,] is impounded, the animal-park enforcement 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-park enforcement officer from instituting a proceeding in the municipal court for violation of this section where there has been an impoundment. (Code 1977, ~ 4-21) 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 vi- cious 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 im- mediate 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 do- mestic or wild animal when a veterinarian, animal- park enforcement officer or other law enforce- ment officer has determined that such animal is 286 . e . . . . . . . . critically ill or injured, is suffering extreme pain and/or has a poor prognosis for recovery. The city and its employees, and any veterinarian con- sulted, shall be immune from liability for any actions taken pursuant to this subsection (b). Moreover, nothing in this chapter shall be con- strued to limit or restrict a person's ability to protect life and property pursuant to C.R.S. ~~ 106(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 direc- tion of an employee from the Colorado Division of Wildlife. (Code 1977, ~4-23; Ord_ No. 1990-845, ~ 16, 10-8-90) Sec. 4-56. Fees. Any animal impounded under the provisions of this chapter shall not be released until the owner of such animal shall have paid all fees and charges due. Impoundment fees and boarding fees are to be established by the animal shelter. (Code 1977, ~ 4-25) Supp. No. 22 ANIMALS ~ 4-56 [The next page is 333] 287