TC Ord. No. 1994-17 Repealing and reenacting Chapter 6.04 of the muni code relating to animal controlTOWN OF AVON
ORDINANCE NO. 94 - 17
AN ORDINANCE REPEALING AND REENACTING CHAPTER
6.04 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON, RELATING TO ANIMAL CONTROL; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
as follows:
Section 1. Amendment. Chapter 6.04 of Title 6,
Municipal Code of the Town of Avon, is repealed and re-enacted as
follows:
6.04.010 Title.
This Chapter shall be known as the "Town of Avon
Animal Control Ordinance of 1994."
6.04.020 Definitions.
For the purpose of this resolution, the following
definitions shall apply:
A. "Abandon(ed)" - means to deposit, leave, drop
off or otherwise dispose of any living domestic animal
without providing immediate humane care on any public
or private property.
B. "Animal" - means any living vertebrate
creature, domestic or wild, including cats and dogs but
excluding estray animals as defined in 535-44-101,
C.R.S.
C. "Animal Control" means the Community Service
Officer of the Town of Avon or his or her designated
representative.
D. "Bite" - means to seize with the teeth or jaws
so that a person or animal has been nipped, gripped,
wounded or the skin pierced.
E. "Cat" - shall refer to any animal of the
feline species, regardless of sex.
F. "Council" - is the Town Council of the Town of
Avon.
G. "Control" - means physical restraint or
influence over a cat or dog by means of a leash, cord
or chain no longer than ten feet (101) in length.
H. "Conviction" - means a finding of guilt by a
court or acknowledgement of guilt by payment of fine
pursuant to the penalty assessment procedure.
I. "County" - is the County of Eagle, State of
Colorado.
J. "Cruelty" - occurs when a person knowingly or
with criminal negligence overdrives, overloads,
overworks, tortures, torments, deprives of necessary
sustenance, unnecessarily or cruelly beats, needlessly
mutilates, needlessly kills, carries in or upon any
vehicles in a cruel manner, or otherwise mistreats or
neglects any animal, or causes or procures it to be
done, or, having the charge or custody of any animal,
fails to provide it with proper food, drink,
socialization, or protection from the weather or
abandons it.
K. "Damage" - loss or harm resulting from injury
to person or property.
L. "Dangerous Dog" - means any dog that according
to the records of the appropriate authority
1. Has inflicted serious bodily injury upon
a human being, without provocation,
while on public or private property, or
2. Has killed a domestic animal without
provocation while off the owner's
property, or
3. Whose owner has been convicted of a
violation of Section 6.04.140, or the
equivalent in another jurisdiction, or
4. Has been previously found to be
potentially dangerous, the owner having
received notice of such, and the dog
again bites, attacks, or endangers the
safety of humans or domestic animals;
provided, however, that dogs shall not
be deemed dangerous if the threat,
injury, or damage was sustained by a
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person who, at the time, was committing
a willful trespass or other tort upon
the premises occupied by the owner of
the dog, or was abusing or assaulting
the dog or was committing or attempting
to commit a crime.
5. Has engaged in or been trained for
animal fighting as described and
prohibited in S18-9-204, C.R.S.
M. "Dog" - shall refer to any animal of the canine
species, regardless of sex, including dogs of wolf
extraction, and a dog that is of any hereditary
part related to wild canines such as but not
limited to the wolf family (canis lupus) and the
coyote family (canis latrans).
N. "Dog Female" - means a dog of the female gender on
which no alternative surgery (e.g. ovariectomy or
ovariohysterectomy) has been performed. (Intact)
0. "Dog-Spayed Female" - is a female dog on which an
ovariectomy or hysterectomy has been performed by
a licensed veterinarian.
P. "Dog Male" - means a dog of the male gender which
has not been castrated. (Intact)
Q. "Dog-Neutered Male" - is a male dog which has been
castrated.
R. "Dog or Cat Owner" - a person, or any parent,
guardian, or legal custodian of any unemancipated
child under eighteen (18) years of age who own,
co-owns, possesses, controls, maintains, keeps, or
harbors a dog or cat or knowingly permits, or
intends to permit a dog or cat to remain for seven
consecutive days on or about property or premises
owned, controlled, or occupied by him or her; a
kennel is not a dog or cat owner within the
purview of this definition.
S. "Dog or Cat Tag" - a metal tag stating vaccination
against rabies, serial numbered and bearing the
year of issuance.
T. "Harbor" or "Keep" - to feed and care for any dog
or cat upon the premises or to permit any dog or
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cat to be fed and cared for on the premises. The
occupant of any premises to which a dog or cat is
kept or to which the animal customarily returns
daily for food, shelter and/or care is presumed to
be harboring said animal within the meaning of
this Chapter and said person shall be subject to
he applicable provisions of this Chapter. No
person is deemed to harbor or keep any animal that
has been reported to the Community Service Officer
and is actively assisting in efforts to impound or
confine said animal.
U. "Keeper" - shall mean any person who keeps or
harbors a dog or cat for less than seven (7) days.
V. "Kennel" - a person, entity or operation which is
required to be licensed or permitted by the State
of Colorado and or Eagle County, pursuant to
applicable laws and regulations, and which keeps
and maintains dogs or cats for sale, resale,
boarding, breeding, show, hunting or other
commercial or recreational purposes.
W. "Mistreatment" - includes every act or omission
which causes, or unreasonably permits the
continuation of, unnecessary or unjustifiable pain
or suffering.
X. "Neglect" - includes failure to provide food,
water, protection from the elements, opportunity
for exercise socialization or other care normal,
usual and proper for an animal's health and well-
being.
Y. "Potentially Dangerous Dog" - means any dog that
when unprovoked:
1. Inflicts a bite(s) on a human or a domestic
animal either on public or private property,
or
2. Chases or approaches a person upon the
streets, sidewalks, or any public grounds in
a menacing fashion or apparent attitude of
attack, or
3. Chases or approaches a person upon private
property other than the owner's in a menacing
fashion or apparent attitude of attack.
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Z. "Premises" - property owned, leased, or expressly
permitted to be used by an owner; or, any confined
area or locality like a residence, business, room,
shop, building, or motor vehicle in which the
animal's presence is authorized by the owner of
the premises. The term "premises" includes the
open space bed of a truck.
AA. "Proper Enclosure of a Dangerous Dog" - means
while on the owner's property, a dangerous dog
shall be securely confined indoors or in a
securely enclosed and locked pen or structure,
suitable to prevent the entry of young children
and designed to prevent the animal from escaping.
Such pen or structure shall have secure sides and
a secure top, a locked gate, and shall also
provide protection from the elements. There shall
be posted signs, which are legible to passersby,
warning of the dangerous dog's presence.
BB. "Proper Restraint of a Potentially Dangerous Dog"
- means:
1. While on the owner's property, a
potentially dangerous dog shall be
restrained by chain, leash or other
confinement suitable to prevent the
animal from leaving the owner's
property, or
2. While off the owner's property, a
potentially dangerous dog shall be under
physical restraint of the owner or other
responsible person.
CC. "Provocation" - harassment, teasing, threatening,
striking, or attacking an animal or its owner in
the animal's presence, by either a person or
another animal.
DD. "Public Nuisance" - an animal infected with
rabies, or stray cat(s), or a barking dog which
disturbs the peace of humans, or a dangerous or
potentially dangerous dog, an unconfined dog in
estrus, or a dog or cat that deposits excrement n
public or private property that is not
subsequently and promptly removed by the
responsible party.
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EE. "Rabies" - a communicable disease of both wild and
domestic animals transmittable to humans, as
defined by the Untied States Department of
Agriculture.
FF. "Running at Large" - when a dog or cat enters the
property of another person without authorization
of that person, or when it enters public property,
and is not under the control of the dog or cat
owner or other responsible person or an employee
or agent of the owner, either by leash, cable, or
chain not more than ten (10) feet in length.
GG. "Severe Injury" - means any physical injury that
results in broken bones or disfiguring lacerations
requiring multiple sutures or cosmetic surgery.
HH. "Town" - means Town of Avon, State of Colorado.
II. "Vaccination, inoculation or vaccination for
rabies" - these terms shall mean the inoculation
of a dog with an anti-rabies vaccine approved by
the Colorado State Department of Health and
administered by a licensed veterinarian for use in
the prevention of rabies which is deemed current
by reference to the expiration date noted on the
vaccination certificate or published duration as
indicated by the manufacturer.
6.04.030 Annual Vaccination Required
It shall be unlawful for a dog or cat owner to
fail to annually have vaccinated or inoculated against
rabies each dog or cat which he or she maintains,
keeps, or harbors within the Town for seven (7)
consecutive days.
A license is not required for dogs or cats;
however, every dog or cat so maintained, kept or
harbored within the Town for seven (7) consecutive days
must be currently vaccinated against rabies and a
certificate as to the date administered and expiration,
identifying the type of vaccine, administering
veterinarian and business address must be presented for
inspection upon the request of any authorized officer.
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6.04.040 Attachment of Dog or Cat Tag to Collar or
Harness.
No dog or cat owner shall fail to place upon
his dog or cat a collar or harness to which a dog
or cat tag is attached. Said collar or harness
must be worn by the dog or cat at all times,
except when the dog or cat is securely confined
within any enclosure on the property of the owner,
possessor, or keeper of such an animal.
6.04.050 Kennel Regulations.
Dogs or cats kept or maintained by a licensed
kennel shall be required to be inoculated against
rabies pursuant to the provisions of this Chapter while
they are within the confines of the kennel premises;
however, current rabies vaccinations and applicable
certificates for each dog or cat over four months of
age shall be presented for inspection upon request of
an authorized officer.
6.04.060 Control.
A. It shall be the duty of any owner or keeper of a
dog or cat to keep such dog or cat under control,
as herein defined, so as to prevent the dog or cat
from:
1. Running at large;
2. Becoming a danger to persons or property;
3. Trespassing on the property of another;
4. Being a public nuisance as defined in Section
6.04.240.
B. Animal Control has the authority to and shall deem
any animal that displays any characteristics of a
Dangerous or Potentially Dangerous dog, and shall
notify owner through posted notices.
C. 1. It shall be unlawful for a dog or cat to not
be under control at all times.
2. It shall be unlawful for a dog to not be
under control in instances which shall
include, but not be limited to, when said dog
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bites or damages a person or property of
anyone other than the owner. Animal Control
has the authority to and shall deem any dog
that bites a human or domestic animal as
potentially dangerous and shall notify owner
through posted notice.
3. It shall be unlawful for a dog to not be
under control in instances which shall
include, but not be limited to, when said dog
inflicts severe bodily injury or damage to
the person or property of anyone other than
the owner. Animal Control shall deem any dog
that inflicts severe bodily injury to a human
or domestic animal as a dangerous dog and
shall notify owner through posted notice.
D. No dog owner shall fail to confine any female dog
in the state of estrus (heat). The dog shall be
confined during estrus in a house, building, or
secure enclosure constructed so that no other dog
may gain access to the confined animal. Owners
who do not comply with this subsection may be
ordered to remove the dog to a boarding kennel,
veterinary hospital or the County Animal Control
Center. All expenses incurred as a result of such
confinement shall be paid by the owner. Failure
to comply with the removal order of the Animal
Control Officer shall be a violation of this
Chapter, and any unspayed female dog in estrus may
be summarily impounded in the event of
noncompliance with such removal order.
E. It shall be unlawful for a dog owner to leave
within the open portion of a vehicle parked on
public property a dog which is creating a danger
to persons or property, or both, in the immediate
vicinity thereto.
F. It shall be unlawful to leave any domestic
companion animal confined within a vehicle so as
to place said animal in undue stress or danger of
extremes in temperatures. Any authorized officer
finding such to be existent may take whatever
reasonable means necessary to remove said animal
from the vehicle and place said animal into
"protective custody."
G. It shall be unlawful for a person to abandon or
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leave unattended an animal owned by him or which
has been under his control or in his possession.
An animal which has been left unattended for more
than 24 hours after posted notice of abandonment
by Animal Control shall be considered abandoned
and may be impounded by Animal Control exercising
whatever reasonable means necessary to accomplish
such impoundment.
H. Procedure for Notice of Abandoned Animals: Animal
Control shall post a warning notice in a
conspicuous place such as the entry area to the
property, door, or near the animal. It shall
state: Animal type; sex and color; time and date
of posting; Animal Control's phone number, and
deadline for notifying Animal Control. Time shall
begin to elapse at the time Animal Control posts
notice. Animal Control may provide food and water
for said animals.
I. Dogs in Common and Public Areas: No dog or cat
owner shall fail to prevent his or her dog or cat
from running at large in the yard of any multiple
occupancy building which is occupied by other
persons; or in the common areas of mobile home
complexes, apartments, or condominium
developments; or in open space areas of
subdivisions; or in public or town parks or
fairgrounds, unless permission is posted by town
or public authorities allowing dogs or cats at
large on said property.
J. Any animal obtained by Animal Control through a
request from a governmental agency shall be deemed
not under control and may be impounded and subject
to disposition as provided by Section 11.
6.04.070 Impounding of Doas and Cats.
A. It shall be the duty of Animal Control to
apprehend any dog or cat running at large or not
under control as defined in the provisions of
Section 6.04.030 hereof, or not duly vaccinated
and upon receiving any dog or cat, to make a
complete registry entering breed, sex and color of
such dog or cat, and whether licensed. If
licensed, he shall enter the name and address of
the owner and the date and number of the dog or
cat tag.
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B. When any dog or cat has been impounded, Animal
Control shall as soon as feasible give notice in
person, by letter sent to the owner's last-known
address, telephone, or service of a Summons upon
the owner, of the dog's or cat's impoundment and
dispositional alternatives. If the dog or cat
owner's identity or whereabouts are unknown at the
time of impoundment, Animal Control shall take all
reasonable steps to identify the owner and provide
such notification. If the dog or cat owner's
identity or whereabouts still cannot be
established, Animal Control may proceed with any
disposition authorized by this Chapter. Animal
Control shall maintain records of the time, dates
and manner of any such notification, and such
records shall constitute prima facie evidence of
notification or attempted notification. The owner
of said impounded dog or cat may reclaim said dog
or cat upon payment of all costs and charges
incurred by the Town for impounding and
maintenance of said dog or cat and upon
presentation of a copy of the Town of Avon summons
alleging the animal control violation. The
charges and fees as listed in Section 21 shall be
paid to the Animal Control for impounding any dog
or cat.
C. All impoundments will be kept on record for a
period of twenty-four months from the date of the
first impoundment.
6.04.080 Dangerous and Potentially Dangerous Dogs.
A. 1. Any dangerous dog that has been found running
at large may be impounded and the owner shall
be subject to a mandatory court appearance.
If the dangerous dog injures a human or other
domestic animal more than once, Animal
Control has the authority to impound the dog
at the owner's expense, until the owner
appears on a mandatory court appearance.
(Protective Custody) The court may order the
dog to be destroyed.
2. It shall be unlawful for any owner of a
dangerous dog to keep the same unless it is
confined in a locked premises and does not
interfere with the public thoroughfares,
including sidewalks, bike paths, and public
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easements. The premises must be sufficiently
constructed to contain said dog and must be
posted at each entrance and exit of the
enclosure, "Beware of Dog," or similar
advisement.
B. Any potentially dangerous dog that has caused no
human injury or domestic animal injury and has
been found running at large shall be impounded.
C. It shall be the duty of any police officer or the
Community Service Officer to impound any such
animal that is in violation of this section, which
shall constitute a separate offense in addition to
a violation of Section 6.04.060. A violation of
this section shall require a mandatory court
appearance.
D. Any dog that has been previously deemed dangerous
by appropriate notification and while in violation
of this section is found to have caused bodily
injury to a person or animal, or threatened or
endangered wildlife or livestock, or both, and
repeats such incident or commits another violation
of this Chapter, shall automatically constitute a
directive for impoundment and protective custody
and a petition for a court order for the
destruction of said dog under the supervision of
the Community Service Officer.
E. It shall be the duty of any police officer or the
Community Service Officer to seize and impound any
Dangerous or Potentially Dangerous dog. After
making every reasonable attempt to seize and
impound said such animal, including the
solicitation of assistance from the owner if said
owner is known and available, if the officer
determines that said animal cannot be seized
without exposing the officer(s) or other persons
to danger or personal injury and if the officer or
other person is in apparent immediate danger, it
shall be lawful for the officer to destroy said
animal without notice to the animal's owner,
keeper or possessor.
6.04.090 Quarantine of Dogs and Cats
A. A dog or cat that does not have a current rabies
vaccination and is known to have bitten or injured
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any person so as to cause a puncture or abrasion
of the skin shall be quarantined for no less than
ten days from the date of the bite at the expense
of the owner. The place of confinement of said
animal shall be the Count Shelter or a licensed
veterinarian hospital at the expense of the owner.
B. A dog or cat that is currently vaccinated and is
known to have bitten or injured any person so as
to cause a puncture or abrasion of the skin shall
be quarantined for no less than ten days from the
date of the bite at the expense of the owner. The
place of confinement shall be the County Animal
Shelter or a licensed veterinarian hospital, or,
if the owner has an enclosure on the owner's
property that would adequately contain the animal
at all times of the required quarantine period,
the Community Service Officer, at his or her
discretion, may place said animal under quarantine
on the owner's property, providing, that the owner
keeps said animal confined without exposure to any
other animals and the Community Service Officer
shall from time to time check the animal's health
and behavior; and, if, at any time, the owner of
said animal does not comply with the provisions of
the confinement of said animal, the Community
Service Officer shall move the animal to the Town
Animal Shelter for the remainder of the quarantine
period at the owner's expense.
C. If at any time during the quarantine of a
vaccinated or an unvaccinated animal, said animal
becomes ill or displays symptoms of rabies, said
animal shall immediately be examined by a licensed
veterinarian and may be destroyed and a medical
test conducted to determine if the animal was
rabid, having thus exposed the bite victim to
rabies. If said animal dies while under
quarantine, a medical test shall be conducted to
determine whether the subject animal was suffering
from rabies at the time of death. All tests are
conducted at the expense of the animal's owner.
D. If the owner of an animal referred to in the
preceding subsection cannot be determined or
located, then the Community Service Officer shall
confine said animal at the County Animal Control
Shelter for a quarantine period of not less than
ten days from the date of bite. If owner of said
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animal is not determined or located, or if the
animal is unclaimed by the end of the quarantine
period, the Community Service Officer may order
said animal destroyed. If said animal is
suspected by a licensed veterinarian to be
suffering from rabies, said animal shall
immediately be destroyed.
6.04.100 Disposition of Unclaimed, Diseased or Dead
Animals.
A. With respect to an animal which has been impounded
or quarantined pursuant to the provisions of
Section 6.04.080 or Section 6.04.090 hereof and
has not been claimed, released, or disposed of in
accordance with said sections, the Community
Service Officer shall keep those animals in the
County Animal Shelter or other suitable place for
not less than five days, and cats for not less
than seventy-two hours, after which said officer
may have said animal destroyed, except as herein
provided.
B. After the required time period, in lieu of having
said animals destroyed, the Community Service
officer may release any such animal, if unclaimed
and not diseased, to a bona fide humane society;
or with respect to a stray animal, to a person
having no previous interest in said animal in
accordance with the provisions of this Chapter.
Upon release of said animal, the recipient shall
pay all required fees.
All animals adopted from the Town Animal Shelter
are required to be sterilized at the time of
adoption. Transfer of absolute ownership of the
dog or cat shall not be effected until
sterilization has occurred, UNLESS such surgery
would be dangerous to the animal due to its age or
physical condition, as determined by the selected
veterinarian of record. In said circumstances the
terms of the adoption contract shall specify a
date by which sterilization shall be performed.
Nothing hereinabove shall place responsibility or
liability for the animal's actions upon the Town
or County for any incident arising during that
period of delay in transfer of absolute ownership.
Failure of the person adopting a dog or cat to
sterilize it shall be a violation of this Chapter.
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.
C
C. An impounded animal which is sick, injured, in
pain, or contagious to other animals, and which is
not identifiable to an owner, is not subject to a
minimal impoundment period and may immediately be
euthanized. If a sick or injured animal which is
in pain or contagious to other animals is
identifiable to an owner, the Community Service
Officer shall diligently attempt to contact the
owner within twenty-four (24) hours after
impoundment, after which time the animal may be
euthanized if still unclaimed.
D. No animals that become property of Town of Avon
shall be released for animal research or
experimentation.
E. When recovering or disposing of dead animals,
Animal Control shall take whatever reasonable and
appropriate action is required to protect the
health, safety and welfare of the community,
including, but not limited to disposal of the dead
animal without unnecessary delay. If the dead
animal has a current license tag intact, the
Community Service officer shall make reasonable
efforts to notify the owner before disposing of
the animal. Reasonable fees for time and expenses
may be charged to an owner of such deceased
animal.
F. Nothing in this Section 6.04.100 shall be
construed to prevent the Community Service Officer
from taking whatever action is reasonably
necessary to protect his person or members of the
public from injury by any animal.
6.04.110 Quarantine and Destruction of Rabid Domestic
Animals.
Animals known to have been bitten by or exposed to a
rabid animal shall be:
A. Where, in the reasonable discretion of the
Community Service Officer or any police officer,
said animal suspected of rabies is endangering the
life or person of another, or inflicting death or
injury to livestock or wildlife, said animal may
be immediately destroyed.
B. When bitten by a rabid animal or exposed to a
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rabid animal, an unvaccinated dog or cat shall be
destroyed immediately, unless the owner objects,
in which case the animal shall be placed in strict
isolation for a period of six months and
vaccinated for rabies one month before being
released from isolation. The isolation shall be
supervised by a veterinarian licensed in the State
of Colorado. All expenses of said quarantine are
to be borne entirely by the animal's owner
It shall be unlawful for any dog or cat owner to
fail to have any unvaccinated dog or cat, bitten
by a rabid animal, so destroyed or quarantined.
Each day said owner fails to comply with the
provisions of this section shall constitute a
separate offense.
C. In any case where a rabid animal bites a dog or
cat with a current rabies vaccination, the owner
of the dog or cat shall obtain the immediate
revaccination of said dog or cat by a licensed
veterinarian and shall see that said animal is
confined for a period of 90 days.
It shall be unlawful to fail to have a dog or cat,
bitten by a rabid animal, revaccinated or to fail
to confine said dog or cat for 90 days. Each day
said owner fails to comply with the provisions of
this section shall constitute a separate offense.
6.04.120 Affirmative Defense.
An affirmative defense to the violation of
Dangerous Dog or Potentially Dangerous Dog attacking
shall be:
A. That at the time of said attack by the dog which
causes injury or death of a domestic animal, such
domestic animal was at large and entered upon the
property of the owner of subject dog where the
attack began;
B. That, at the time of said attack by the dog which
causes injury or death of a domestic animal said
domestic animal was biting or otherwise attacking
the dog or its owner or responsible companion and
the dog was otherwise conforming to the
requirements of law as pertains to control;
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C. If a dog is provoked into biting or inflicting
bodily injury or damage to the person or property
of anyone other than the owner, such provocation
shall constitute an affirmative defense that may
be pled by an owner who is in violation of this
Chapter on account of said biting.
D. Any other conditions or defenses as outlined in
Section 18-9-204,5(3)(h), C.R.S. known as "The
Dangerous Dog Law."
6.04.130 Interference with Community Service Officer
It shall be unlawful for any person to interfere with,
molest, hinder, prevent or obstruct the Community
Service officer in the discharge of his or her duties
under this Chapter. Anyone so interfering, molesting
or hindering shall be subject to arrest for obstructing
of a peace officer pursuant to Section 9.04.060, Avon
Municipal Code.
6.04.140 Threatening of Wildlife and Livestock.
It shall be unlawful to allow a dog to run after,
chase, pursue, bite, snap at, worry, attack or
otherwise threaten wildlife or livestock, or both. In
the event any dog is found to be threatening wildlife
or livestock or both as described, said dog may
immediately be destroyed at the discretion of any
police officer or the Community Service Officer. In
the event said dog cannot be immediately destroyed, it
shall be the duty of any police officer or the
Community Service Officer to impound such dog. A
violation of this section, whether or not said dog has
been destroyed or claimed from impound, shall
constitute a mandatory court appearance of the owner;
and if convicted of a violation of this section, owner
will be required to pay restitution for any animal or
animals harmed by said dog in addition to court fines
and court costs. If the dog was not destroyed at the
time of incident, the court may order dog destroyed
under the supervision of the Community Service Officer.
If the dog is not ordered destroyed, the court may deem
said dog dangerous and the owner may thereby be
permitted to keep the dog as provided in Section
6.04.080(A).
Upon a second conviction of a violation of this section
the court may enter an order commanding the destruction
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of said dog under the supervision of the Community
Service officer.
6.04.150 Dog or Cat Bite.
In the event any dog or cat is found to have caused
bodily injury to any human, said dog or cat will be
impounded as described in Section 6.04.070 and the
owner will be in violation of this Chapter. The
Community Service Officer may petition the municipal
court for an order for destruction of the dog or cat
and for an appropriate rabies examination at the dog or
cat owner's expense.
Section 6.0.160 Violations and Penalty Assessments.
A. Any person who violates any provisions of this
Chapter, upon conviction thereof, shall be
punished for such offense by imprisonment for not
more than 180 days or by a fine of not more than
$1,000 or by both such imprisonment and fine, plus
the customary court costs as applicable.
B. The municipal court may establish a penalty
assessment procedure and make provision for a
schedule of penalty assessments.
C. For purposes of determining the proper fine
(penalty assessment) for violations of this
Chapter which do not result in bodily injury to
any person, only those convictions (admissions of
guilt) occurring within twelve (12) months of the
date of the offense for which the fine (penalty
assessment) is now being imposed shall be
considered. This twelve (12) month limitation
shall not apply as to what evidence may be
introduced in aggravation of any sentencing for
any violation of this Chapter which does result in
bodily injury to any person nor shall any time
limitation apply to provisions of Section 6.04.140
of this Chapter.
6.04.170 Charges and Fees.
Charges and fees of seizure, impoundment, boarding,
licensing veterinarian care, and adoption of an animal
shall be cumulatively assessed to any animal owner
based upon the actual amount of such fees incurred by
the Town pursuant to contracts entered into by it.
17
6.04.180 Destruction of Dangerous Dogs.
A. In addition to any other penalty, if it is found
by the Court-or a jury that any dog complained of
is a dangerous dog, the Court may, if it finds it
is in the best interest of the public, order the
dog destroyed at the owner's expense. Such
destruction shall not occur prior to the
completion of observation of the dog for rabies
when necessary.
B. In the event the dog owner is twice convicted of
an offense relating to the same dog, the Court may
order the dog destroyed and require that the
owner, as a condition of probation, refrain from
owning or harboring any dog at any premise for a
period of one year.
6.04.190 Failure to Appear.
If a person upon whom a summons and complaint (penalty
assessment notice) fails to appear in person or by
counsel at the time and place specified therein and has
not paid the specified fine in person or by mail at the
place and within the time specified in the penalty
assessment notice, the Avon Municipal Court may issue a
bench warrant for his or her arrest.
6.04.200 Failure to Redeem. Comaly or Pav Fines or
Fees.
If a person "duly notified" fails to make arrangements
for the redemption or surrender of any animal under his
or her care, custody or control, regardless of
"ownership," said person shall be charged with a
violation of this section and brought before the court
which shall at such time assess the fine provided and
recover all costs accumulated.
Any violation under this Chapter that involves failure
to comply, pay fines, meet stipulations of contract,
payment schedules, or as otherwise outlined will
constitute a violation under this section.
6.04.210 Muzzling and Confinement.
Whenever it becomes necessary to safeguard the public
18
from the dangers of rabies, the Town Council, if it
deems necessary shall issue a proclamation ordering
every person owning or keeping a dog or cat to confine
it securely on his or her property or premises, and any
such dog shall have a muzzle of sufficient strength to
prevent it from biting any person. Any dog or cat
running at large during the time of proclamation shall
be seized and impounded, and if displaying propensities
which are an apparent immediate danger to the Community
Service Officer or any other person, shall be destroyed
by the Community Service Officer. Any dog or cat
impounded during such proclamation shall be considered
to have been exposed to a rabid animal, and said
impoundment and release shall fall under the provisions
of Section 6.04.070.
6.04.220 Liability for Accident or Subsequent Disease
from Impoundment.
The Town of Avon, its employees or agent, or persons
authorized herein to enforce the provisions of this
Chapter, shall not be held responsible for any accident
or subsequent disease which may be suffered by a dog or
cat as a result of the administration or implementation
of this Chapter.
6.04.230 Public Nuisance.
A. It shall be unlawful and declared to be a public
nuisance for any dog or cat owner or other
responsible person to allow his dog or cat to
excrete body waste upon public or private property
and when the responsible person does not promptly
remove same.
B. It shall be unlawful and declared to be a public
nuisance for any dog owner to fail to prevent his
dog from disturbing the peace of any other person
or neighborhood by loud, habitual, untimely and
persistent barking, howling, yelping or whining,
whether the dog is on or off the dog owner's
premises. It shall be the duty of the Community
Service Officer and his or her deputies to impound
said dog if the Officer is unable to contact the
owner, and determines that the barking is
disturbing the peace of the neighbors, and said
officer has a signed complaint.
C. Provocation of a dog whose noise is complained of
19
is an affirmative defense to any charge for
violation of Section 6.04.240.
D. Complainant Rights and Responsibilities:
If a violation of this Section is charged, the
complainant(s) shall verify in writing the
allegations of the complaint prior to its service
upon the owner.
6.04.240 Unlawful Taking or Release.
A. It shall be unlawful for any person to take any
dog or cat from an enclosed lot, vehicle, premises
or other building and deliver the dog or cat to
the impoundment facility unless authorized to do
so by the owner or the keeper of the dog or cat or
as authorized by this Chapter.
B. It shall be unlawful for any person to open or
cause to be opened any closed vehicle, premises or
building or release from a chain any dog or cat
for the purpose of allowing said dog or cat to run
at large.
C. It shall be unlawful for any person to remove any
animal from any Town vehicle, or from the custody
of the Community Service Officer without the
consent of the Community Service Officer. Such
action will be considered as an obstruction and
charged accordingly.
6.04.250 Abandonment, Cruelty to Animals, or Neglected
Dogs.
No person shall physically or cruelly mistreat or
neglect to provide proper amounts of food and water, or
neglect to provide proper shelter to any animal.
6.04.260 Enforcement.
The provisions of this Chapter shall be enforced by the
Police Department, the Community Service Officer or his
or her authorized representive, or by both.
6.04.270 Hot Pursuit.
The Community Service Officer or any police officer in
hot pursuit of any dog or cat in apparent violation of
20
this Chapter may enter onto private property for the
purposes of enforcing this Chapter, including the
impoundment of the dog or cat, removal of the dog or
cat, ascertaining the identity of the dog or cat, the
currency or existence of Dog or Cat Tags, or issuing a
citation.
This section does not grant the Community Service
office or any police officer any additional authority
to enter into any dwelling or other building designed
for human occupancy other than that authority which may
now exist under Colorado law. Any warrant requirements
for entry into any dwelling or other building designed
for human occupancy shall be observed.
6.04.280 Community Service Officer.
Personnel engaged in animal control, however titled or
administratively assigned, may issue citations or
summonses and complaints enforcing this Chapter.
Personnel so engaged shall be included in the
definition of "Peace officer or Fireman" in §18-3-201
(2), C.R.S., and, to the extent such personnel are
empowered to do so by the laws governing the state
bureau of animal protection, are hereby authorized to
carry out the enforcement of the laws for the
prevention of cruelty to animals pursuant to §35-42-
101, C.R.S., et seq.
6.04.290 Captions.
The captions and paragraph headings used throughout
this Chapter are for the convenience of reference only,
and the words contained therein shall in no way be held
or deemed to define, limit, describe, explain, modify,
amplify or add to the interpretation, construction or
meaning of any provision to or the scope of this
Chapter.
Section 2. Severabilit
If any provisions of this Ordinance or the application
thereof to any party or circumstance shall to any extent be
invalid or unenforceable, the remainder of this Ordinance, or the
application of such provision to parties or circumstances other
than those to which it is invalid or unenforceable, shall not be
affected thereby, and each provision of this Ordinance shall be
valid and be enforced to the fullest extent permitted by law.
21
Section 3. Effective Date
That all provisions of this Ordinance shall be
effective on September 1, 1994
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 12th day of July, 1994, and a public hearing on this
Ordinance shall be held at the regular meeting of the Town
Council of the Town of Avon, Colorado on the 26th day of July,
1994 at 7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
Mayor
Attest:
Town Clet~k
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
22
Tow ` Attorne
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 7:30 P.M. ON THE 23RD
DAY OF AUGUST, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94-17,
SERIES OF 1994:
AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04
OF THE MUNICIPAL CODE OF THE TOWN OF AVON, RELATING
DOG CONTROL; AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 8th day of August, 1994.
TOWN OF AVON, COLORADO
BY:
Fatty Ney art
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 8, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 7:30 P.M. ON THE 26TH
DAY OF JULY, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94-17,
SERIES OF 1994:
AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04
OF THE MUNICIPAL CODE OF THE TOWN OF AVON, RELATING
DOG CONTROL; AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF
A copy of said ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing, the Council may consider final passage of
this ordinance.
This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 13th day of July, 1994.
TOWN OF AVON, COLORADO
BY:
Patty Ne har
Town Cle k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 13, 1994;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY