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TC Ord. No. 1983-35• i TOWN OF AVON ORDINANCE NO. 83-35 SERIES OF 1983 AN ORDINANCE PROVIDING FOR THE CONTROL AND LICENS- ING OF DOGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF WHEREAS, the Town Council of the Town of Avon finds that dogs running at large within the Town constitute a menace to the public property, health, welfare, peace, and safety; and WHEREAS, the Town Council considers that the aforesaid menace to the public creates a situation which is injurious to the public and that adequate regulations, provisions, procedures, fees and penalties are necessary for the protection of the public property, health, welfare, peace and safety. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, STATE OF COLORADO, THAT: Section 1. Chapter 6.04 of the Municipal Code of the Town of Avon shall be and hereby is amended to read as follows: Chapter 6.04 Dog Control 6.04.010 - Title 6.04.020 - Definitions 6.04.030 - Annual Licensing and Vaccination Required 6.04.040 - Vaccination or Inoculation Against Rabies 6.04.050 - Retention of Dog License; Attachment of Dog Tag to Dog Collar or Harness 6.04.060 - Kennel Regulations 6.04.070 - Control 6.04.080 - Impounding of Dogs 6.04.090 - Quarantine of Dogs 6.04.100 - Disposition of Unclaimed or Diseased Dogs 6.04.110 - Quarantine and Destruction of Rabid Dogs 6.04.120 - Vicious Dogs Confined 6.04.130 - Affirmative Defenses 6.04.140 - Interference with Enforcement Personnel 6.04.150 - Threatening of Wildlife and Livestock 6.04.160 - Dog Control Board of Appeals 6.04.170 - Muzzling and Confinement 6.04.180 - Liability for Accident or Subsequent Disease from Impoundment 6.04.190 - Disturbance 6.04.200 - Unlawful Taking or Release 6.04.210 - Enforcement 6.04.220 - Penalties 6.04.230 - Captions 6.04.010 Title. This Chapter shall be known as the "Dog Control Ordinance." 6.04.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: A. Bodily Injury: Bodily injury means any injury caused by dog whereby at a minimum the skin is broken, exterior bleeding occurs or emergency medical treatment by a licensed physician is reasonably necessary. B. Control: Control of a dog means physical control of a dog by means of a leash, rope or chain no longer than twelve (12) feet in length except when the dog is actually assisting law enforcement officers. C. County: County of Eagle, State of Colorado. D. County Dog Resolution: Any and all resolu- tions adopted by the Board of County Commis- sioners of Eagle County, Colorado, pursuant to C.R.S. 1973, 30-15-101, et seq., as such resolutions may from time to time be adopted and in effect. E. Dog: Any animal of the canine species, regardless of sex. F. Dog, male: A dog of the masculine gender, either castrated or not castrated. G. Dog, female: A dog of the female gender on which no surgery of the genital organs has been performed. H. Dog, spayed female: A female dog on which an ovariectomy or ovarihysterectomy has been performed by a licensed veterinarian. I. Dog, stray: A dog which does not appear to have an owner or whose owner is unknown and which is unlicensed or does not appear to be licensed, and/or found attached or loose anywhere within the Town of Avon. J. Dog Owner: A person who owns, possesses, controls, maintains, keeps, or harbors a dog or knowingly permits a dog to remain for seven consecutive days on or about property or premises owned, controlled, or occupied by -2- him or her; a kennel is not a dog owner within the purview of this definition. K. Keeper: Shall mean any person who keeps possesses, controls or harbors a dog for less than seven (7) days. L. Kennel: A person, entity or operation which is licensed or permitted by the State of Colorado and/or County and/or Town and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other commercial or recreational purposes. M. Rabies: A communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as defined by the United States Department of Agriculture. N. Running at Large: Running at large shall mean a dog that is not (1) under the control of the dog owner or keeper or a responsible member of the owner's family or an employee or agent of the owner, either by leash, rope, or chain not more than twelve (12) feet in length or (2) confined to a portion of the yard of the owner or other person responsible for the dog, or other suitable enclosure. 0. Town: Town of Avon, State of Colorado. P. Vaccination, inoculation, or vaccination for rabies: These terms shall mean the inocu- lation of a dog with a vaccine approved by the United States Department of Agriculture for use in the prevention of rabies. Q. Vicious Dog: A vicious dog is hereby defined as any dog that bites or snaps at a person on a street or at a public place, or that runs after or snaps at a horse or vehicle upon the public streets or way, or bites, snaps, runs or otherwise attacks or threatens wildlife or livestock. 6.04.030. Annual Licensing and vaccination required. It shall be unlawful for a dog owner to fail to annually obtain a license from the County in accordance with the provisions of this Chapter for each dog which he or she maintains, keeps or harbors within the Town for seven consecutive days and to have annually vaccinated or inoculated against rabies each dog for which said license is required. -3- i E 6.04.040 Vaccination or inoculation against rabies. A. Every dog in the Town shall be vaccinated or inoculated against rabies and shall display a tag issued by a licensed veterinarian evidencing such vaccination or inoculation. B. The dog owner will obtain from the veterinar- ian a vaccination certificate which states the type of vaccine with which the dog was inoculated and the date of the inoculation, and shall display such certificate upon the request of any person enforcing the pro- visions of this Chapter. 6.04.050 Retention of dog license; attachment of dog tag to dog collar or harness. A. Every dog owner shall retain the dog license required by this Chapter during the license year and shall present it for inspection by any peace officer in connection with the enforcement of this Chapter. B. Every dog owner shall attach the dog license tag to the collar or harness of the licensed dog and said collar or harness must be worn by said dog at all times. 6.04.060 Kennel regulations. Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the provisions of this chapter while they are within the confines of the kennel premises. 6.04.070 Control. A. It shall be unlawful for any owner or keeper of a dog to fail to keep such dog under -4- 0 9 control, as hereinabove defined, so as to prevent the dog from running at large, becoming a danger to persons or property, or trespassing on the property of another, except that the provisions of this Section shall not apply to dogs while actually assisting law enforcement officers. B. A dog shall further be deemed not under control when: 1. Said dog inflicts injury or damage to the person or property of anyone other than the dog owner. 2. A female dog, during its period of estrus, is not securely confined on the property or premises of the dog owner. 3. A dog within the open portion of a vehicle parked on public property, whether restrained or not, which is creating a danger to persons and/or property in the immediate vicinity thereto. 6.04.080 Impounding of dogs. A. It shall be the duty of every peace officer in the Town as well as other employees of the Town duly authorized by the police chief to apprehend any stray dog or any dog found running at large or not under control con- trary to the provisions of Section 6.04.070 or any other provision hereof or not duly licensed or vaccinated as provided in Sections 6.04.030 or 6.04.040 hereof and to impound such dog in the County Animal Shelter or other suitable place determined by the Chief of Police; and upon receiving any dog shall make a complete registry entering the -5- breed, sex, and color of such dog, and whether licensed; if licensed, he shall enter the name and address of the owner and the date and number of the dog tag. B. Not later than seven days after the impound- ing of a dog the owner, if known, shall be given notice by United States Certified Mail, Return Receipt Request, or if the owner of the dog is unknown or the dog is a stray dog, notice shall be published once or posted at one or more conspicuous places in the Town for three days describing the dog and the place and time of taking. The dog owner of said dog so impounded may reclaim said dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the Town for impounding and maintenance of said dog. The following charges shall be paid to the Town for impounding any dog; for impounding, thirty five dollars ($35.00); for keeping any dog, five dollars ($5.00) per j' day; for giving notice, five dollars ($5.00); and said charges shall be in addition to any penalties imposed on the dog owner pursuant to other provisions of this Chapter. 6.04.090 Quarantine of Dogs. A. A dog which is known to have bitten or injured any person so as to cause an abrasion of the skin or a dog which in the opinion of any peace officer or a licensed veterinarian appears to be inflicted with rabies, shall be closely confined by the dog owner in accor- dance with the directions of the Town for a period of not less than ten days. If said -6- dog shall die while confined or impounded as herein provided, proper medical tests shall be conducted at the expense of the dog owner upon said dog to determine whether the animal was suffering from rabies at the date of death. B. If the owner of a dog referred to in the preceding subsection cannot be determined or located, then the Town shall arrange for the confinement of said dog for a period of not less than ten days. If the owner of said dog is not determined, located, or the dog claimed from confinement within said ten days, then the Town may order such dog destroyed. If said dog is determined by a veterinarian to be suffering from rabies it shall be destroyed immediately. C. It shall be unlawful for a dog owner or keeper knowing or reasonably suspecting a dog has rabies to allow such dog to be taken off his property or premises or beyond the limits of Eagle County without the written permis- sion of a peace officer of the Town. Every dog owner or other person upon ascertaining a dog is rabid shall immediately notify the Town Police Department, which shall either remove the dog to the animal shelter or, if necessary for the protection of the public, to immediately destroy the dog. 6.04.100 Disposition of unclaimed or diseased dogs. A. With respect to a dog which has been im- pounded or quarantined pursuant to the provisions of this Chapter and has not been -7- • 0 claimed, released, or disposed of in accord- ance with said Chapter the Town shall keep said dog in the County Animal Shelter or other suitable place for not less than ten days, after which said custodian may have said dog destroyed, except as hereinafter provided. B. Provided, however, that after said ten days, in lieu of having said dog destroyed, the Town may release any such dog, if unclaimed and not diseased, to a bona fide humane society; or with respect to a stray dog, to a person having no previous interest in said dog in accordance with the provisions of this Chapter and, upon the payment of an adoption fee of twenty five dollars ($25.00). Upon payment of said adoption fee there shall be neither additional charge for the current year's license nor any charge for daily boarding. Provided, however, at the time of adoption the sum of twelve dollars and fifty cents ($12.50) shall be deposited with the Town to guarantee the subject animal shall be spayed or neutered. If within six months from the time of adoption satisfactory written evidence is presented to the Town that the subject animal has been spayed or neutered, then said deposit shall be returned to the respective person. 6.04.110 Quarantine and destruction of rabid dogs. Dogs known to have been bitten by or exposed to a rabid animal shall be: -8- i • A. Placed in suitable quarantine for a period of not less than ten days at the expense of the dog owner. If said dog dies while quarantined, a medical test shall be con- ducted at the expense of the dog owner upon said dog to determined whether the animal was suffering from rabies at the time of death. B. Where, in the reasonable discretion of any peace officer of the Town, said dog is endangering the life or person of another, or inflicting death or injury to livestock or wildlife, said dog may be immediately destroyed. C. Released if not diseased upon proof of immunization and "booster" injections given by a licensed veterinarian at the expense of the dog owner. 6.04.120 Vicious dogs confined. It shall be unlawful for any dog owner or keeper who keeps a vicious dog to keep the same unless confined in an enclosure or tethered on private property so as not to interfere with the public thoroughfares. It shall be the duty of the peace officers of the town to impound any such vicious animal that is in violation of this Section. In the event any dog is found to have bitten any person and/or to have threatened wildlife and/or livestock as provided herein, said dog shall be destroyed under direction of the Town. 6.04.130 Affirmative Defenses. If a dog is provoked into biting, such provocation shall constitute an affirmative defense that may -9- 11 be plead by an owner or keeper charged with a violation of this Chapter. 6.04.140 Interference with Enforcement Personnel. It shall be unlawful for any person to interfere with, molest, hinder, or obstruct any peace officer or other employee of the Town enforcing the provisions of this chapter, knowing him or her to be discharging his or her duties under this Chapter. 6.04.150 Threatening of wildlife and livestock. It shall be unlawful to permit and/or allow a dog to run after, pursue, bite, snap at, attack or otherwise threaten wildlife and/or livestock. In the event any dog is found to have threatened any such wildlife and/or livestock, said dog shall be impounded under this chapter and deemed a vicious dog. 6.04.160 Dog Control Board of Appeals. There is created hereby a Dog Control Board of Appeals which shall consist of three members appointed by the Town Council of the Town of Avon, State of Colorado, to hear and decide appeals as provided hereunder. Until such time as said Board is appointed and duly organized, the Town Council shall act as said Dog Control Board of Appeals. A. Members of the Board of Appeals shall be appointed for terms of two years or until the respective member's successor has been appointed. Where any member is appointed to fill a vacancy occurring the term of a member, the successor's term shall run until the expiration of the term of the member he -10- • ! succeeds. After the appointment of the initial Board, the Board of Appeals shall appoint form its membership a chairman and a- secretary who shall keep a written record of all proceedings of the Board. The Board of Appeals shall pass such rules and regulations reasonable and necessary for carrying out its duties, subject to approval and direction of the Town Council. B. Any dog owner aggrieved by the decision to destroy said owner's respective dog by the Town, its peace officers, or any of their respective deputies or assistants in the enforcement of this Chapter may appeal such decision to the Board of Appeals. C. An appeal must be received by the Secretary of the Board of Appeals no later than five (5) days after impoundment of a dog, said notice of appeal shall be in writing and set forth the basis for appealing the decision. In the event a Board of Appeals has not been appointed, then said notice of appeal shall be delivered to the Town Clerk. D. Upon receipt of notice of appeal, the Secre- tary or Clerk as may be the case, shall immediately advise the Town and the the person or official having custody of the subject dog to stay the destruction of the subject dog; and shall schedule a hearing on said appeal which shall be the next meeting of the Board of Appeals. The Secretary or Clerk shall thereupon mail written notice of the date, time and place of said hearing to the individual appealing, the Town, and the -11- investigating enforcement officer involved in the specific case, if any. E. Said appeal hearings shall be public and the Board of Appeals may adopt reasonable rules and regulations for the conduct of such hearings. F. The Board of Appeals shall issue its findings and rulings thereon in writing no later than ten (10) days after any hearing. The Secre- tary or Clerk, as may be appropriate, shall mail copies of the findings and rulings to the Town and to the person appealing. G. No dog shall be destroyed when proper appeal of said destruction has been made by the owner of said dog until the exhaustion of all appeal rights that the owner may have. In the event the appealing owner shall not receive favorable decision and said owner shall have exhausted, or failed to have exhausted all appeals, rights, then said owner shall be liable to the Town or the County, whichever boards the dog, for the costs of boarding the subject dog during the period of appeal. H. Any further appeal from a decision of the Board of Appeals shall be made to the Dis- trict Court in and for the County of Eagle, State of Colorado, as provided by law, provided, however, that any such appeal to the District Court shall be made no later than twenty (20) days after the date of a decision by the Board of Appeals. 6.04.170 Muzzling and confinement. Whenever it becomes necessary to safeguard the -12- • public from the dangers of rabies, the Town Council, if it deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his property or premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any dog running at large during the time of the proclamation shall be seized and impounded, and if noticeably infected with rabies and displaying vicious propensities shall be destroyed by the Town. An infected dog impounded subsequent to such proclamation shall, if claimed within five days after being impounded, be released to the owner, unless infected with rabies, upon payment of the charge provided for herein. If unclaimed within five days, after said period such dog may be immediately destroyed. 6.04.180 Liability for accident or subsequent disease from impoundment. Neither the Town, its employees or agents, nor persons authorized herein to enforce the pro- visions of this chapter shall be held responsible for any accident or subsequent disease which may be suffered by a dog as a result of the adminis- tration or implementation of this chapter. 6.04.190 Disturbance. It shall be unlawful for a dog owner to allow a dog to bark or howl so as to disturb the peace and quiet of others. -13- 0 0 6.04.200 Unlawful taking or release. A. It shall be unlawful for any person to take any dog from an enclosed lot, premises or other building and deliver the dog to the impounding facility unless authorized to do so by the owner or keeper of the dog or as otherwise authorized by this chapter. B. It shall be unlawful for any person to open or cause to be opened any closed lot, prem- ises, or building for the purpose of allowing a dog to run at large. 6.04.210 Enforcement. The provisions of this chapter shall be enforced by all peace officers of the Town and by all other employees of the Town authorized by the Chief of Police. Personnel engaged in dog 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 Section 18-3-201 (2), C.R.S. 1973, as amended. 6.04.220 Penalties. A. Any violation of any provisions of this chapter which does not result in bodily injury to any person shall be punished for such offense by imprisonment for not more than ninety (90) days or by a fine of not more than three hundred dollars ($300.00) or by both such imprisonment and fine, plus the customary court costs as applicable. The -14- • 0 following minimum fines shall apply to any such violation: First Conviction: $ 25.00 Second Conviction: 50.00 Third and Each Conviction thereafter: $100.00 The penalty assessment procedures contained in Section 16-2-201 C.R.S. 1973, as amended, shall be followed by any peace officer and/or other authorized employee of the Town enforcing the provisions of this chapter. B. Any violation of any provisions of this chapter which results in bodily injury to any person caused by a dog shall be punished for such offense by a fine of two hundred fifty dollars ($250.00) to five hundred dollars ($500.00) or by imprisonment for not more than ninety days, or by both such fine and imprisonment. C. Nothing herein shall be construed to prevent impoundment of any dog hereunder. 6.04.230 Captions. The captions and paragraph headings used through- out 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 or intent of this chapter. Section 2. Severability. If any provisions of this Ordinance or the application thereof to any party or circumstance shall to any extent be invalid or unenforce- -15- able, 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. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS 27th DAY OF SEPTEMBER, 1983, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE 11th DAY OF OCTOBER, 1983, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. Mayor TES own Clerk INTRODUCED, PASSED, READ ON SECOND RE ING, APPROVED AND ORDERED PUBLISHED THIS -fDAY OF , 1983. Mayor T: /1 -16- STATE OF COLORADO ) 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 11th DAY OF October , 1983, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #83- 35 , SERIES OF 1983: AN ORDINANCE PROVIDING FOR THE CONTROL AND LICENSING OF DOGS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Following this hearing the Council may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 28thday of September 1983. TOWN OF AVON, Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON September 30th, 1983. ' THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING 0 -17-