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HomeMy WebLinkAboutOrdinance-1971-0070 - Animal Control regulations and Animal Control CommissionSao Introduced by Alderman.. Robert Howard- . ORDINANCE NO. 70 Series of 1970 TITLE: AN ORDINANCE CONCERNING THE CONTROL AND PROTECTION OF DOGS AND CERTAIN OTHER ANIMALS; PROVIDING FOR THE LICENSING, INOCULATION AND REGULATION OF DOGS; PROVIDING UNDER WHAT CIRCUMSTANCES. DOGS OR OTHER ANIMALS SHALL.BE IMPDUNDED AND CONFINED; ESTABLISHING CERTAIN OTHER OF- FENSES WITH RELATION TO OTHER ANIMALS; ESTABLISHING AN ANIMAL CONTROL COM- MISSION TO ADVISE THE POLICE DEPARTMENT AND CITY CLERK WITH RESPECT TO THE FOREGOING AND PROVIDING PROCEDURES TO BE FOLLOWED IN RELATION THERETO. BE IT ORDAINED BY-THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Definitions: As used herein, unless the context. clearly indicates otherwise,. the following words shall have the following meanings: ANIMAL SHELTER: Any premises designated by the City for the purpose of boarding and caring for any animal impounded under. the provisions of this Ordinance or any other Ordinance or - law of the State-of-Colorado. ANIMAL WARDEN: Any person or persons empowered by the City to enforce the provisions of this Ordinance. DOG:. Any animal of the canine species regardless.of sex. DOG OWNER: Any person owning,-keeping or_harbor-Lng a dog or dogs. RUNNING AT LARGE: Off the-premises-of the owner and not under effective control,of.said owner; his agent, servant or a competent member of his family by means of a leash, cord or chain less than nine feet in length. VICIOUS DOG: A dog that unprovokedly bites or attacks humans or other animals, or_in_a vicious or terrorizing manner ap- proaches any person in apparent attitude of attack. Section 2. Animal Control Commission.. (a) There is hereby established an Animal Control Commission to advise the Mayor and the Chief of Police on all matters to which this Ordinance applies and on all matters concerning the control and disposition-of animals that may, arise under this and other Ordinances. (b) The Animal Control Commission shall consist of five members to be appointed by the City Council, two of whom must he licensed veterinarians residing within the City. (c) The terms of office shall be four years, except that the terms of the first two members appointed shall be.for two years. - (d) The Animal Control Commission shall receive and review all complaints made concerning the administration, operation and effect • -2- • of this and other Ordinances relating to animals and shall make recom- mendations to the Mayor, City Clerk, City Council and the,Chief of Police on the appropriate action to be taken on complaints. (a) The Animal Control Commission shall make recommends- tions to the Mayor, the City Council and the Chief of Police. on the place where animals are to be impounded. (f) The Animal-Control Commission-shall maintain liaison withthe County Health Officer and shall report all matters that may endanger the public health to said County Health Officer. Section 3. Licenses and Licensing. (a) The owner-of any dog-within the City shall secure a license for such dog from the City Clerk on or before March 1 of each year, or within ten (10) days of the time the animal reaches six months of age. A dog acquired subsequent to March 1 shall be licensed with ten (10) day of acquisition. A dog owner who moves into the City from another location shall have ten (10) days after having moved into the City to comply with this Section. The provisions of this Section shall not apply to dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City_for the purpose of exhibition, nor to dogs designated as "seeing eye!', used..tq.assist.blind persons. (b) The yearly fee for dog licenses shall be as follows: neutered males and spayed females - $1.00 (one dollar); unaltered males and unspayed females - $3.00 (three-dollars).- A statement from a licensed veterinarian must be submitted as proof of neutered males and spayed females when applicable, (c) All applications for licenses underthis section must be accompanied by a certificate of inoculation by a-licensed veterinarian, certifying that the dog has been inoculated against rabies. All ap- plications foT-licenses shall be made on forms provided by the City Clerk. (d) No person, group of persons or business entity shall own, keep or harbor more than three dogs or four_Oate of more-than six months of age or engage.in the commercial business of breeding, buying, selling, trading, training, or boarding cats or dogs or both cats and dogs without having obtained a.kennel license form the. City Clerk. (a) Kennel licenses must be renewed every year between. January 1 and March 1. No kennel license shall be issued until an inspection certificate -shall -have been issuedcertifying approval of the kennel by the Animal Control Commission. (f) The yearly license fee for kennels shall be twenty-five dollars ($25.00). -Kennel license fee_.replaces needfor individual licenses. (g) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal hospital. -3-- Section 4. Dog Tags and Collar. (a) Upon presentation of a-certificate of inoculation-for - rabies and payment of the fee, the City Clerk shall issue or cause to be issued a license certificate and a tag for each dog so licensed. (b) Every owner shall place upon each 'dog a collar or = harness to whichthe tag. herein provided for shall be attached. (c)_ No person shallaffix to the collar or harnessof any dog, or permit to remain affixed, a tag evidencing licensing and inocu- lation except for the specific dog for which the tag was-assigned at the time the license was issued. No refund shall be made on any dog license for any reason. (d) The dog tag.provided for in this, article shall beof such size, shape, color, and material as may be deemed expedient and sutiable by the City Clerk; provided, however, that the color or other identifying feature thereof shall be:changed each year. (e) The City Clerk shall keep a-record of the date of issue of each dog tag provided for in this sectign and the persons to wham such tag is issued and the numbers thereof. If the dog tag herein provided for is lost or destroyed, a duplicate tag may beobtained from the City Clerk upon the payment of a fee of $1.00 (one dollar). In the event that the ownership or possession.of a_doq is changed, a new dog tag must be obtained and said new dog tag shall be issued by the City Clerk upon proof being presented that the inoculation and licensing requirements of this ordinance have been complied with and upon the payment of the fee of $1.00 (one dollar). Section 5. Running at Large. (a) It shall be unlawful for the owner ❑f any dog tc.permit the same to run at large within the City. (b) Animals injured or killed in the street shall be con- sidered as.running.at large and the animal warden shall remove all said animals and, at his discretion take those needing medical-attention to a veterinarian or to the Animal Shelter. The owner of such animals shall be liable for all expense of the treatment and of the impoundment. Injured animals, the owners of which are unkonwn, shall be destroyed humanely, if injuries are termed irreparable by the attending veterinarian. Section 6. Impoundment., (a) The Mayor is hereby authorized to establish an Animal Shelter for the City to be operated by City personnel, or at-his election he may, subject to the approval of the City Council, direct the City Clerk to make arrangements with a public or private agency for facilities to be used as an animal shelter for or on behalf of the City to be approved by the City Council. -4- (b) unlicensed dogs or those running at large or any dog in violation of this Ordinance or any other Ordinance:or law of the, State - of Colorado may be taken into custody by an Animal Warden or other officers _or-employees of the City and impounded in a humane manner for a period of not less than six days, and may thereafter be disposed of in a humane manner, if not claimed by the owner or _if_the-owners identity cannot be determined. Dogs not claimed by the owner after six days shall become the property of the City_ and may be disposed _of at_ the discretion of the Mayor. (c) If a dog is impounded the Animal Warden may institute proceedings in the Municipal Court of the City on behalf of the City against the owner, if known, charging said owner,with a violation of this Ordinance. -Nothing herein shall be construed as preventing the Animal Warden from instituting a.proceeding in-the Municipal Court for violation of this section where there has been no impoundment. (d) The Animal Warden shall as soon as practicable after. impoundment, sent a erRATEremOlbuch impoundment to the owner at his last address of record with the City Clerk, if his identity can be de- termined or if no such address is available, the Animal Warden shall cause.to, be posted in a_conspicuous place in the City Hall, for a period of six consecutive days, a noticeof impoundmentwith a description of the animal and its place of impoundment. (e) If a complaint has been filed in the Municipal Court of the City against the owner ❑f an impounded dog for a violation of this Ordinance the dog shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to anypenalties for violation of,this Ordinance. The Municipal Judge may upon making a finding that such dog is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order said dog to be-destroyed in a humane manner by the Animal Warden. Surrender of a dog by. the owner thereof to the Animal Warden does not relieve or render the owner immune from the decision of the Court- nor to the fees. and fines which may result from a violation or violations of this Ordinance. (f) It shall be unlawful for any person to interfere with, molest, hinder or obstruct an Animal Warden or any City employee or official in the discharge of his official duties under this Ordinance. (g)- Nothing in this-section shall be construed to prevent the immediate destruction of any vicious dog or other animal when deemed necessary in the interest of public safety by the,Rnimal Warden, or any other law enforcement personnel. (h) Any dog impounded under the provisions of this Ordinance shall not be released until the owner of said dog shall have paid all fees and charges due. An impoundment fee of five dollars ($5.00) shall be assessed whenever a dog is taken into custody by an Animal Warden under any conditions other than having been voluntarily given to the Animal 0 -5- Warden by the owner thereof. A boarding fee to be established by the Mayor and City Council shall also be assessed. Section 7. Confinement of Certain Dogs. Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure and said area of enclosure shall be so constructed that no other dog or dogs,may.gain access to the confined animal. The Animal Warden shall order any unspayed female that is in the stage of estrus (heat) and that is not=properly confined or any such dog that is creating a neighborhoodnuisance to be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement.shall be paid by the owner. Animals removed to the animal shelter shall be charged at the rate established forroutine confinement by the City. No impoundment fee shall be made on such dogs voluntarily confined by the owner but a fee for boarding may be charged. Failure to comply with the order of the Animal Warden shall be a violation of this Ordinance and the animal will then be impounded as prescribed in this Ordinance, subject to fines and charges as directed. _ Section 8. Rabies Control, Immunization and Quarantine. (a) All dogs over the age of four months shall be inocu- lated by a licensed veterinarian against rabies.,.-Such-inoculation shall be given at least once each year during the period between Novem- bar 1 and March 1. An owner acquiring a dog shall have such dog inoculated against rabies.within,ten (10) days after the,date.of acqui- sition, or within ten (10) days after the dog reaches four months of age, whichever occurs last. Any person moving into the-City-from a location outside of the City shall comply with this Ordinance within ten (10) days after having moved into the City. (b) The owner of any dog, cat or other animal that has bitten any person shall immediately advise the Animal Warden of that fact. Any dog, cat or other animal that has bitte.n.any person or that has been exposed to another animal that is-believed to have rabies, shall be immediately confined for a period of ten days or for a longer period on the advice of the Animal Control Commission.- It shall be un- lawful for the owner of any dog, cat or other animal thathis bitten any person or that has been exposed to another animal that is believed.to have rabies to destroy such animal before it.can he properly confined by the Animal Warden. Such confinement may he on the premises of the owner if deemed appropriate in the discretion of the Animal Warden but must he within the City for a minimum-of ten days. _If not confined on the premises of the owner confinement shall be at,the,City animal shelter, or in any veterinary hospital of the owner's choice, Such, confinement shall be at the expense of the owner. In case of stray animals whose owners cannot be located, such confinement shall be in the City animal shelter. -6- The owner of any animal that has been reported as having inflicted a bite on anyperson shall, on demand of an Animal Warden, produce said animal for examination and quarantine as prescribed in this section. (d) When an animal under quarantine has been diagnosed as being rabid by a licensed-veterinarian the veterinarian making such diagnosis shall immediately notify the County Public Health Officer and advise him of any reports of human contact with said rabid dog. If any animal under quarantine dies- while under observation, the Animal Warden or his agents shall immediately ,take action.tq,obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the Animal Warden, shall notify the County Public Health Officer of any reports of human contact with the animal.,, Any animal, which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed. _ (e) Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the Animal Warden, giving the names and addresses of such persons. (f) Any veterinarian who diagnoses rabies, in any animal shell report such fact to the Animal Warden. The veterinarian shall determine, before any rabies-inoculation is given, whetherthe subject dog is under quarantine or has inflicted a bite on any person.within the last ten days. (g) In case of an outbreak of rabies, constituting an emergency situation, the Mayor shall be authorized to impose strict regulations per- taining to animals within the City. Section 9. Vicious Dogs. No one shall keep, possess or harbor a vicious dog wit'r1the City. It shall be the duty of the Animal Warden or his agents to impound such animal, and if impoundment cannot be made with safety to the Animal Warden or other citizens, the animal may be destroyed without notice to the owner, keeper or possessor. Dogs maintained as guard dogs or placed in an enclosed area.for protection of persons or property shall not be included under this section so long as they remain confined to._a specific area under complete and absolute control. Section 10. Cruelty to Animals Inhumane Treatment. It shall be unlawful.fdr any person to commit or cause to`be committed any act of cruelty, harassment, abandonment, or torture to any animal or cause such animal to be wounded, mutiliated, strangulated, or inhumanely killed. Ownership of said animal shall not be a justifiable defense for such acts or for a violation of this section. Section 11. Poisoning of Dogs_ and Other Animals. It shall be unlawful for any person to poison any dog or any other domesticated _7 animal or to distribute poison in any manner whatsoever with the intent of poisoning any dog or other domesticated animal. Section 12. Promotion of Fights. 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 permitted to fight for exhibition, for wager or for sport., Section 13. Prosecution for Violations. For the purpose of prosecution for violation, of any section of this Ordinance, it shall not be necessary in order to obtain-a conviction to prove notice or knowledge on the part of the owner of the. dog in-question that said dog was violating any of the sections of this Ordinance at the. time and _ place charged, it being the purpose and intent of~.this section to impose strict liability upon the owner of any dog for-the actions, conduct and condition of said dog. Section 14. Records. It shall be the duty of the Animal Warden to keep, or cause to be kept, accurate and`detai'lad records of the licensing, impoundment and dispgsition of all-dogs coming into its custody, and of all reports of animal bites reported to the Animal Warden. Section 15. Penalty for Violation. Any person founts to be willfully in violation of the previsions of. this. Ordinance shall be guilty of an unlawful act and may be fined in a aum of not more than three hundred dollars ($300.00) or imprisoned for a period not to exceed ninety (90) days, or both so fined and imprisoned. Section 16. Emergency Clause. The provisions of this Ordinance are necessary for the immediate preservation of the public health and safety of the citizens of Wheat Ridge for the following reasons: 1. No previous Ordinance has been adopted.controlling dogs and certain other animals and providing for the regulation and control thereof because the City having just completed incorporation August 20, 1969 has not heretofore adopted any Ordinance concerning this matter. 2. An Ordinance aontrolling_dogs and certain,Aher animals and providing for the regulation and control thereof is necessary to preserve the public health and safety of the citizens of the City of Wheat Ridge. Section 17. Effective Data. This Ordinance shell take effect and be in force five. (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three=fourths (3/4) of the members of the City Council, otherwise, said -B- Ordinance shall take effect thirty_(30) day_-s-after._pu6licstion following final passage. In no case, however, shall said Ordinance take effect prior to January .1,- 1971. - - ` Section 18. Severability. If any,section_, subsection, paragraph, sentence, clause or phrase of this Ordinance is'for_,aRy reason held or - - decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The City'CoLncil of the City of Wheat Ridge hereby declares that it would have passed this_Ordinanee and each section, subsection, sentence, clause, and phrase thereof even though any one or more sections, subsections, sentences, clauses or phrases- might be declared unconstitutional or invalid., INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 5 . to 1 - this. -19th day, of November A. D., 1970. READ, ADOPTED AND ORDERED PUBLISHED AND-P.OSTED on-second and final reading by a vote of 4 to 2 this 17th day of December A. D., 1970. ATTEST: r2~,~ ~91.--J Alts t E. Anderson Mayor 'Louise F. Turner City Clerk. ~y CERTIFICATE OF PdETIN_G _ We, Louise F. Turner and Helen Elise McMillen hereby - certify that Ordinance No. ,70., Was duly posted by us following first reading on the 27th day_of, November 1970, at the following-;locations within, the City_ gf Wheat Ridge: Wheat Ridge PostOffice Wheat Ridge Branch Library- Westridge Sanitation _District Office COlumbia.Heights.,School Prospect Valley Fire Department WheatRidge City Office Wheat Ridge Council Meeting Room We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 70 was duly posted by us following second reading on the 2nd dayof- January 1971, at the above locations within the City of Wheat -Ridge. rn y _d A x.l Louise F. Turner City Clerk He en Elite McMi11e Deputy City Clerk F