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TC Ord. No. 1992-16 Repealing and Re-Enacting Chapter 6.04 of the Muni Code1 'a TOWN OF AVON ORDINANCE NO. 92-16 SERIES OF 1992 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO DOG CONTROL; ADOPTING BY REFERENCE THE EAGLE COUNTY ANIMAL CONTROL RESOLUTION OF 1992; 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 Chapter 6.04 of Title 6, Municipal Code of the Town of Avon, is repealed and re-enacted as follows: Chapter 6.04 DOG CONTROL Qcrtinnc• 6.04.010 Title. 6.04.020 Adoption by Reference. 6.04.030 Penalties. 6.04.010 Title. This chapter shall be known as the "dog control ordinance." 6.04.020 Adoption by Reference. A. Pursuant to Section 6.9 of Chapter 6 of the Town Charter and Section 30-15- 101, C.R.S., there is adopted by reference Eagle County Resolution No. 91-109, the "Eagle County Animal Control Resolution of 1992," adopted December 17, 1991. B. Three copies of the Eagle County Animal Control Resolution of 1992, adopted herein, are now filed in the office of the town clerk and may be inspected during regular business hours. 6.04.030 Penalties. A. Any violation of any provisions of the adopted Resolution which does not result in bodily injury to any person shall be a Class 2 petty offense and a violation of this ordinance, and upon conviction thereof shall be punished by imprisonment for not more than ninety (90) days or by a fine of not more than three hundred dollars ($300), or by both such fine and imprisonment, plus court costs. B. The following fines (or penalty assessments) shall apply to any such violation and shall be applied either through the penalty assessment procedure of the adopted Resolution or by the court after conviction, in which case the court shall also assess the appropriate court costs: 1. First offense: $ 30.00 2. Second offense: $100.00 3. Third offense: $150.00 4. Fourth offense and any subsequent conviction: The court may impose a fine not less than $200 up to $300 maximum, or imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment, for each separate offense. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25thday of August , 1992 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 8thday of September , 1992 Est 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. est: Town Cle k May INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 8th _ day of September. , 1992, ATT T: Mayor Pro- m Town Cle -k APPROVED AS TO FORM: Tow Attorney L.. 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 8TH DAY OF SEPTEMBER, 1992, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-16, SERIES OF 1992: AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 6.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO DOG CONTROL; ADOPTING BY REFERENCE THE EAGLE COUNTY ANIMAL CONTROL RESOLUTION OF 1992; 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 27th day of August, 1992. TOWN OF AVON, COLORADO BY ~ '4' Patty Ney art Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 27, 1992: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY 11 A Commissioner moved adoption of the foilowing Resolution: BOARD OF COLTN= COMMISSIONERS COLTNTY OF EAGLE. STATE OF COLORADO RESOLUTION NO. 91- /6 a A RESOLUTION REPEALING AND RESTATING RESOLUTION NO. 90-48 CONCERNING THE CONTROL AND LICENi 1SING OF DOGS AND - WPOUNDMENT AND DISPOSITION OF ANIMALS WHEREAS, § 30-15-101 et s_g. C.R.S., authorizes the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board", to adopt a resolution providing for control and licensing of dogs in the unincorporated areas of Eagle County, Colorado; and WHEREAS, the Board has previously adopted such regulations by Resolution No. 85-05, adopted November 's, 1985; which was repealed and restated by Resolution No. 90-48, adopted April 30, 1990; and WHEREAS, the Board finds that dogs running at large within the unincorporated territory constitute a menace to the public property, health, welfare, peace, and saferv; and L WHEREAS, the Board finds that the current County Dog Control Resolution !mown as the "Eagle County Dog Control Resolution of 1990" requires certain additions, modifications and clarifications in order to adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and WHEREAS, this Resolution is intended to repeal and restate the "Eagle County Dog Control Resolution of 1990" which repealed and restated the "Eagle County Dog Control Resolution of 1985," as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON&IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 7HAT, the following Resolution be and is hereby adopted: Section t. Title This resolution shall be known as the "Eagle County Animal Control Resolution of 1992." Section 2. 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" - any living vertebrate creature, domestic or wild, including dogs but excluding estrayed animals as defined in § 35-44-101(1), C.R.S., as amended. C. "Bite" - means to seize with the teeth or jaws so that a person or animal has been nipped, g*_ipped, wounded or the skin pierced. D. "Board" - is the Board of County Commissioners of the County of Eagle, State of Colorado. E. "Control" - means physical restraint or influence over a dog by means of a leash, cord or chain no longer than ten feet (10') in length except when the dog is actually worldng livestock, locating or retrieving wild game m seasonJor a licensed hunter, or assisting law enforcement officers, or while actually being trained for any of these specifically enumerated purposes. For purposes of this Resolution, control shall be construed to include authorization for the County Animal Control Officer to enforce the laws for the prevention of cruelty to animals in accordance with Section 29, herein. F. "Conviction" - means a finding of guilt by a court or acknowledgement .of guilt by payment of fine pursuant to the penalty assessment procedure. G. "County" - is the County of Eagle. State of Colorado. i11 H. "Cruelty" - occurs when a person knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unneces- sariiy 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 and custody of any 'animal, fails to provide it with proper food. drink, socialization, or protection from the weather, or abandons it. . . I. "Damage" - loss or harm resulting from injury to person or property. "Dangerous Dog" - means any dog that according to the records of the appropriate authority, 1. Has indicted serious bodily injury upon a human being, without provoca- tion, while on public or private property, or 2. Has killed a domestic animal without provocation while off the owner's property, tar 3. Whose owner ~,.,s been convic•.ed of a violation of Section 18, or the equivalent in another jurisdiction, or C 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 declared dangerous if the threat, injury, or damage was sustained by a 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 trainer for animal fighting as described and prohi- bited in C.R.S. section 18---=04. K. "Dog" - shall refer to any animal of the canine species, regardless of sex, including dogs of wild 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). L. "Dog Female" - means a dog of the female gender on which no alternative surgery (e.g. ovariectomy or ovariohysterectomy) has been performed. (Intact) M. "Dog-Spayed Female" - is a female dog on which an ovariectomy or hysterectomy has been performed by a licensed veterinarian. N. "Dog Male" - means a dog of the male gender which has not been castrat- ed. (Intact) -3- 0. "Dog-Neutered Male" - is a male dog which has been castrated. P. "Dog Owner' - a person, or any parent, guardian, or legal custodian of any unema.ncipated child under eighteen (18) years of age who owns, co-owns, possesses, controls, maintains, keeps, or harbors a dog or knowingiv permits, or intends to permit a dog to remain for sever consecutive days on or about property oz premises owned, controlled, or occupied by him or her; a kenne: is not a dog owner within the purview of this de:uution. Q. "Dog, Stray" - shall mean any licensed or unlicensed dog found loose or _ unattended anywhere within the County of Fade. R. "Dog Tag" - metal tag stating, vaccination against rabies which is serial numbered, bearing the year of issuance, the name of Eagle County, and the telephone number of the Animal Control Center. Dog tags are issued by an Eagle County Animal Control Officer, or other authorized agent upon presentation of a current vaccination certificate issued by a licensed veterinarian. S. "Harbor" or "Keep" - to feed and care for any dog or cat upon the premises or to permit any dog or 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 Resolution and said person shall be subject to the applicable provisions of this Resolution. No person is deemed to harbor or keep any animal that has been reported to Animal Control and is actively assisting in efforts to impound or confine said animal. T. "Keeper" - shall mean anv person who keeps or harbors a dog or cat for less than seven (7) days. U. "Kennel" - a person, entity or operation which is required to be licensed or permitted by the State of Colorado and/or County pursuant to applicable laws and regulations, and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other commercial or recreational purposes. V. "License Year" - January I through December 31 of the referenced year. 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. -4- C 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 Chases or approaches a person upon the streets, sidewalks, or any pubiic 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. 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 nave 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 C 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 owi r 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. D "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 uncon- fined dog in estrus, or a dog or cat that deposits excrement on public or private property that is not subsequently and promptly removed by the responsible parry. EE. "Rabies" - a communicable disease of both wild and domestic animals transmittable to humans, as defined by the United States Department of Agriculture. -5- FF. "Running at Large" - when a dog 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 owner or other responsible person or an employer or agent of the owner, either by leash, cabie, or chain not more than ten (10) feet in length. GG. "Severe Injury" - means any physical injury that results in broken bones or disnguring lacerations requiring multiple sutures or cosmetic surgery. HH. "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 pub- lished duration as indicated by the manufacturer: Section 3. :annual Licensine and Vaccination Required It shall be unlawful for a dog owner to fail to annually obtain a license in accordance with the provisions of this Resolution for each dog which he or she maintains, keeps, or harbors within the County for seven (7) consecutive days, and to have vaccinated or inoculated against rabies each dog for which said license is required.. In order to be licensed, a dog must have been first vaccinated or inoculated as can be demonstrated by a current vaccination certificate issued by a araduate veterinarian licensed to practice veterinary medicine. A license is not required for cats; however, every cat so maintained, kept or harbored within the County for seven ('n 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. Section -t Issuance of Doe License and Doe Tag The Eagle County Animal Control Department and/or Deputy County Clerk and Recorder or any agency or person designated by the Board of County Commissioners in writing shall issue a dog license and dog tag upon the receipt of the executed application therefor and inspection of the vaccination certificate. The vaccination certificate will certiry that the dog has been currently vaccinated against rabies. Sections Duration, Fees and Requirements of County Doe License and Doe Tag A. A tag and license shall be available for a fee as set forth in Section 21. A dog license shall be valid from January 1 through December 31 of the referenced year. Upon the expiration of a dog license, a new license must be obtained from Eagle County for the succeeding year. -6- C B. A dog license will provide a place to state the following information: 1. Name and address of doz owner. Z. Breed. sex, age and description of the dog to be licensed. 3. Date of vaccination or inoculation against rabies according to the vaccination certificate. 4. Date of issuance of license. 5. Number of the dog tag. C. A dog tag shall be issued to the dog owner with the County Dog License and will be regarded as part of the license. The tag will be made of durable material, shall be suitable to be attached to a dog collar or harness, and will state the year of issuance and the number of the dog license. D. In the event a dog tag is lost, destroved or mutilated, a replacement tag may be issued, for a fee of five dollars (SS), by he appropriate official, upon presentation of the current representative dog license. E. It shall be unlawful to possess and/or affix a tag to any dog other than that specific animal for which the respective license and tag have been issued. Section 6. Resistration for Doe License. Registration for a Doe Owner who Moves into the County, and Exception as to Dogs Under the .ape of Twelve Weeks Old A. With respect to a dog who moves into the County, the owner shall obtain a license for said dog within seven (7) days after entry int~ the Countv. B. A dog under the age of twelve weeks is not required to be licensed or vaccinated; provided, however. within thirty (30) days after a dog has become twelve weeks of age the dog owner shall obtain a license for said dog. If said dog is impounded, vaccination shall be mandatory at the time of release from impoundment; such vaccination shall be at owner's expense. Section 7. Vaccination or Inoculation Against Rabies A. Vaccination or inoculation against rabies in order to obtain a dog license must be by a licensed graduate veterinarian using a vaccine recommended by a current compendium of animal rabies vaccines. -7- B. The dog owner will obtain from the veterinarian a vaccination certificate which states the type of vaccine with which the dog', was inoculated, the date of inoculation, the expiration date of inoculation, the business address and the administering veterinarian. v Section 4 Retention of Doe License Attachment of Dog T to Collar or Harness A. A dog owner who obtains a dog license will retain it during the license year and is required to present it for examination by the County Sheriff, Deputy Sheriff, and the County Animal Control Officer or any other peace officer in the connection with the enforcement of the Resolution. B. No dog owner shall fail to place upon his dog the collar or harness to which the tag is attached. Said collar or harness must be worn by the dog at all times, except when the dog is securely confined within any enclosure on the property of the owner, possessor, or keeper of such an animal. Failure to adhere to this regulation shall result in penalties listed in Section 21. C. If for some reason a dog cannot wear a collar or harness, the owner of said dog must have the dog tattooed with a tattoo approved by the Animal Control Department. Section 9. Kennel Regulations Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the provisions of this Resolution while they are within-the confines of the kennel premises; however, current rabies vaccinations and applicable certificltes for each dog over four months of age so kept or kenneled is required and shall be presented for inspection upon request of an authorized off cer. Section 10. Control i A. It shall be the duty of any owner or keeper of a dog to keep such dog under control, as herein defined, so as to prevent the dog from: 1. Running at large; 2. Becoming a danger to persons or property; 3. Trespassing on the property of another, -8- 111 Being a public nuisance as defined in Section 27 and 2(DD). The purpose of this Section 10 (1) shall not appiv to dogs while actually working livestocc. locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these specifically enumerated pursuits. B. Eagle County Animal Control has the authority to and shall deem any animal that displays any of the characteristics set forth in Sections II(J) or II(Y) as Dangerous or Potentially Dangerous, and shall notify owner through posted notice. C. 1. 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 bites or damages a person or property of anyone other than the owner. Eagle County 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. 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 inflicts severe bodily injury or damage to the person or property of anyone other than the owner. Eagle County 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 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 an Animal Control Officer shall be a violation of this -Resolution, and any unspayed female dog in estrus may be summarily impounded in the event of noncompliance with such a 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 and/or property 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". -9- G. It shall be unlawful for a person to abandon or 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 an Eagle County Animal Control Officer, shall be considered abandoned and may be impounded by the Eagle Counrv Animal Control exercising whatever reasonable means necessary to accomplish such impoundment. H. Procedure for Notice of Abandoned Animals: Eagle County 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 Controi'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 owner shall fail to prevent his or her dog 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 wrens of subdivisions; or in public or county parks or fairgrounds, unless permission is posted by county or public authorities allowing dogs at large on said property. J. Any animal obtained by Eagle County 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. (Incarceration, custodial or tow impound) Section 11. Impounding of Does A. It shall be the duty of the County Animal Control Officer to apprehend any stray dog or any dog running at large or not under control as defined in the provisions of Section 10 hereof, or not duly licensed or vaccinated as provided by the Eagle County Animal Control Resolution; and upon receiving any dog, to mako a complete registry entering 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. a B. When any dog has been impounded, Animal Control Personnel 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 impoundment and dispositional alternatives. If the dog owner's identity or whereabouts are unknown at the time of impoundment, the Animal Control Personnel shall take all reasonable steps to identify the owner and provide such notification. If the dog owner's identity or whereabouts still cannot be established, the Animal Control Officer may proceed with any disposition authorized by this Resolution. The Animal Control Personnel 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 may reclaim said dog upon payment of all costs and charges -10- C incurred by the County for impounding and maintenance of said dog. The charges and fees as listed in Section 21 shall be paid to the Counr,, Animal Control Department for impounding any dog or cat. C. All imt}oundments will be kept on yerord for a period of twenty four (24) months from the date of the f-irst impoundment. After such time the record will start anew. Section 12. Dangerous and Potentiallv Dangerous Dogs A. 1. Any dangerous dog (as described in Section 2 Paragraph 1) 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 an pearance.(Protective Custody) The court may order the dog to be destroyed. 2. It shall be unlawful for any owner of a dangerous dog as defined is Section 2(.n to keep the same unless confined in a locked enclosure, as indicated in Section 2(AA), so as not to interfere with the public C thoroughfares including sidewalks, bike paths, or public easements. The enclosure must be sufficiently constructed to contain said dog and must be posted at each entrance and/or exit of the enclosure "Beware of Dog," or similar advisement. B. 1. Any potentially dangerous dog (as described in Section 2 Paragraph Y) that has caused no human injury or domestic animal injury, and has been found running at large shall be impounded and the owner shall be fined fifty dollars (S50) for the first offense, and one hundred fifty dollars (S 150) for the second offense;. The Tense will result in a mandaw- ry court appearance of the dog's owner. L 2. It shall be unlawful to allow any potentially dangerous dog to run at large. and it is the responsibility of the dog owner, family members, and/or anv agent of the family to keep such a dog confined as stipulated in Section 2(Y) at all times. C. It shall be the duty of the County Sheriff, any Deputy Sheriff, any County Animal Control Officer, or Deputy Animal Control 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 10. A violation of this section, paragraphs A(1) and A(2), 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 and/or livestock. and repeats such incident or commits another vioiation of this Resolution, shall automatically constitute a direvave for impoundment and protective custody and a petition for a court order for the destruction of said dog under the sut>ervision of the Animal Control Officer shall be filed immediately. E. It shall be the duty of any County Animal Control Officer,Deputy Animal Control Officer, Sheriff or SheriTs Deputy to seize and impound any Dangerous or Potentially Dangerous Dog. After maldng 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, it shall be lawful for the officer to destroy said animal without notice to the animal's owner, keeper or possessor. Section 13. Ouarantine 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 any person so as to cause a puncture or abrasion of the sidn, shall be quaran- tined for no less than ten (10) days, from the date of the bite, at the expense of the owner. The place of confinement of said animal shall be the County Animal 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 sidn, shall be quarantined for no less than ten (10) days from the date of 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 Animal Control Officer, at his/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 acid the Animal Control 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 Animal Control Officer shall move the animal to the County 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. -12- D. If the owner of an animal referred to in the priming subsection cannot be determined or located, then the County Animal Control Officer shall confine said animal at the County :-animal Control Shelter for a quarantine period of not less than ten (10) davs from the date of bite. If owner of said animal is not deer-mined or located. or the if the animal is unclaimed by the end of the quarantine period, the County Animal Control Supervisor may order said animal destroyed. If said animal is suspected'by a licensed vemerinarian to be sufferi - from rabies, said animal shall immediately be destroyed. Section 14. 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 11 or Section 13 hereof and has not been claimed, released, or disposed of in accordance with said sections, the County Animal Control Officer shall keep dogs in the County Animal Shelter or other suitable place for not less than rive (5) days, and cats for not less than seventy-two (7Z) hours, after which said offic-er may have said animal destroyed, except as hereinafter provided. B. After required time period, in lieu of having said animals destroyed, the County Animal Control Department 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 Resolution. Upon release of said animal, recipient shall pay a total of S51 for dogs and S41 for cats, for all or any of the necessary Animal Control requirements: adoption fee, rabies inoculations, County Tags or steril- ization of animal. All animals adopted from the Eagle County Animal Shelter are required to be sterilized at the time of adoption. Transfer of absolute ownership of the do; 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 circumstance the terms of the adoption contract shall specify a date by which sterilization shall be performed. Nothing hereinabove would ;place responsibility or liability for subject animal's actions upon the 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 Resolution. 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 Animal Control 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. -I3- D. No animals that become property of Eagle County shall be released for animal research andlor experimentation. E. When recovering or disposing of dead animals, Eagle County 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 c-.irrent license tag intact, the animal control officer recovering the dead animal shall make reasonable efforts to notify the owner before disposing of the animal. Reasonable fees for time and expenses may be chuged to an owner of such deceased animal. - F. Nothing in this Section 14 shall be construed to prevent an Animal Control Officer from taking whatever action is reasonably necessary to protect his person or members of the public from injury by any animal. Section 1 Ouarantine 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 County Animal Control Officer, the County Sheriff or a Deputy Sheriff, 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 rabid animal, an unvaccinated dog or cat shall be destroved immediately, unless the owner objects, in which case the animal shall be piaced in strict isolation for a period of six months and vaccinated for rabies one month beore 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 animal's owner. It shall be unlawful for any dog or c#t 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 anv 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 at 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. -14- I Section 16. 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 attacks by subject dog which causes injury or death of a domestic animal, such domestic animal was at large, was an es=y, and entered upon the property of the owner of subject dog where referenced attacks began, but did not necessarily end, upon subject dog owner's property; _ B. That, at the time of said attack by subject dog which causes injury or death of a domestic animal, said domestic animal was biting or otherwise attacking subject dog or its owner or responsible companion and subject dog was otherwise conforming to the requirements of law as pertains to CONTROL; C. If a dog is provoked into biting, or inflicting bodily injury or damage to the person or property or 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 Resolution 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". Section 17. Interference with Animal Control Officer It shall be unlawful for any person to interfere with, molest, hinder, prevent or obstruct an Animal Control Officer, knowing he or she to be an Animal Control Officer, discharging his/her duties under this Resolution. Anyone so- interfering, molesting or hindering shall be subject to arrest for obstruction of a peace officer rip the performance of official duties pursuant Section 18-3-20 et seq. C.R.S. L Section 18. Threateninz 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 and/or livestock. In the event any dog is found to be threatening wildlife and/or livestock as described, said dog may immediately be destroyed at the discretion of the County Sheriff, any County Deputy Sheriff, any County Animal Control Officer, or Deputy Animal Control Officer. In the event said dog cannot be immediately destroyed, it shall be the duty of the County Sheriff, any County Deputy Sheriff, any County Animal Control Officer or Deputy Animal Control 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 -15- will be required to pay restitution for any animal or animals harmed by said dog in addition to court fines and court costs. If dog was not destroyed at the time of incident, court may order dog destroyed under the supervision of the Animal Control Officer. If dog is not ordered destroyed, court will deem said dog dangerous, and owner may be. permitted to keep dog as provided in Section 12, entitled "Dangerous Dog Confined." Upon a second conviction of a violation of this section, the court shall automatically enter a court order commanding the destruction of said dog under the supervision of the Animal Control Officer. Section t9. Doe Bite In the event any dog is found to have caused bodily injury to any human, said dog will be imuounded as described in Section 11 and the owner will be in violation of this Resolution. Said dog can be destroyed under the direction of the County Animal Control Supervisor and an appropriate rabies examination shall be performed at the dog owner's expense. Section 20. Penalties A. Any violation of any provisions of this Resolution which does not result in bodily injury to any person shall be a Class 2 petty offense, and upon conviction thereof 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 (5300), or by both such imprisonment and fine, plus the customary court costs as applicable. The following fines (penalty assessment), except those stated in Section 21, shall apply to any such violation and shall be applied either through the penalty assessment procedure of § 16-2-201, C.R.S., or by the court after conviction, in which case the court shall also assess the appropriate court costs: 1. First Offense: S30.00 2. Second Offense: S100.00 3. Third Offense: S150.00 4. Fourth Offense and any subsequent conviction: The court may impose a fine not less than 5200 up to 5300 maximum, or imprisonment in the County Jail for not more than 90 days, or by both such fine and imprisonment, for each separate offense. -16- C B. The penalty assessment shall not be used for violations of Sections 12, 14, 18 and 28 of this Resolution; and a mandatory court appearance snail be required in the Eagle County - Court. C. For purposes of determining the proper fine (penalty assessment) for violations of this Resolution 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 Resolution which does result in bodily injury to any person nor shall any time limitation apply to provisions of Sections 18 or 22 of this Resolution. D. When a person is charged with a violation of this Resolution which does not result in bodily injury, ex=t violations of Sections 12, 14, 18 and 28, and that person has three or less previous convictions of violations of this Resolution, the arresting offices may either give the person a penalty assessment notice as provided for by § 16-2-201 C.R.S., and release him upon its terms, or take him before a judge of the Eagle County Court. The choice of procedures shall be based upon circumstances which reasonably persuade the officer that the alleged offender is likely or unlikely to comply w,-.:h the terrrns of the penalty assessment notice. Such circumstances may include the officer accompanying the offender to a post office or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached. C E. The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the .-ie _or appear to answer the charge at a specified time and place, and other matter reasonably adopted to effectuate the purposes of this section. A duplicate copy shall be delivered to the clerk of the Eagle County Court by the officer or agency designated by the Board of County Commissioners if a payment of the penalty assessment notice has not been made within ten (10) days of the issuance of said notice. F. If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail and within ten (10) days of issuance of the notice. Upon trial, if the alleged offender is found alEty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. G. Any violation of any provisions of this Resolution which results in bodily injury to any person or animal caused by a dog shall be a Class 2 misdemeanor, and upon conviction thereof shall be punished for such offense as provided in § 18-1-106 C.R.S, for each separate offense. H. Upon conviction, the Court may order restitution paid to the injured party or owner of the animal or animals harmed by a dog. -17- I. Nothing herein shall be construed to prevent impoundment of any dog under Section 11. C 1. Anv conviction of Section 29 is a Class 1 misdemeanor, and carries a minimum penalty of six months imprisonment, a 5500 fine or both, up to a maximum penalty of 24 months imprisonment, a $5,000 fine or both. Section 21. Animal Control Center Charges and Fees and Court Fines Charges and fees of seizure, impoundment, boarding, licensing, veterinarian care, and adoption of an animal shall be cumulatively assessed to any animal owner according to the fee schedules listed below. Payment of all applicable fees shall be a condition of release, redemption, or adoption of any animal. These fees are for administrative expenses incurred in impounding, boarding, adoption of, licensing, and disposal of animals as well as certain fines for violation. A. License Fees: 1. Original License: Spayed or Neutered $10.00 Intact animal 20.00 (Purchased within the month of January less 50%) 2. Lost or replacement .......................5.00 B. Impound Fees: ' 1. Dog ...............................30.00 2. Cat... ...........................10.00 C. Boarding Fees: 1. Dog ..................&..............15.00/night 2. Cat 6.00/night D. - Quarantine Animals: 1. Dog 15.00/night 2. Cat 6.00/night -18- E. Adoption Fees: 1. Dog ..................5.00 2. Cat .................5.00 F. Deposits: 1. Soay/neuter 25.00 2. Rabies Vaccination 11.00 G. Failure to Vaccinate and/or Wear a Current Countv Ta 1. First Offense 30.00 2. Second Offense...... . 60.00 3. Third Offense 120.00 4. Subsequent Offenses . .300.00 maximum penalty and mandatorycourt appearance H. Dan gerous Dog At Lar e: Any Offense 300.00 maximum penalty and mandatory court appearance I. Failure to Redeem. Comviv_ or Pav Fines or F L Each and every separate violation 150.00 and all accumulated costs 1. Potentiallv Dangerous Dog At Large: 1. First Offense 50.00 2. Second Offense .......................150.00 3. Third Offense ........................300.00 maximum penalty and mandatory court appearance -19- K. Barbing Dog- 1. First Offense 25.00 2. Second Offense....... 75.00 3. Third Offense ..............150.00 4. Subsequent Offenses ...............300.00 maximum penalty L. Female Doe in Estrus: 1. First Offense 50.00 2. Second Offense .......................100.00 3. Third Offense .......................'7 -00.00 4. Subseouent Offenses ....................300.00 maximum penalty Section 2-1. Destruction of Dangerous Does 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 as deaned in Section 2(n, 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 obse--vation of the dog for rabies when necessary. B. In the event the dog owner is twice convicted of an offense punishable as a Class 2 misdemeanor relating to the same dog, the Court shall order the dog destroyed and enjoin said owner from owning or harboring any dog at any premise for a period of three (3) years. C. Destruction is further permitted as authorized by Section 18 of this Resolution. Section 23. Failure to Appesr b 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 Eagle County Court may issue a bench warrant for his arrest. Section 24. Failure to Redeem. Comply or Fay Fines or Fees if a person "duly notified" fails to make arrangements for the redemption or surrender of any animal under his/her care, custody or control, regardless of "ownership", said person shall -20- C be charged with a violation of this section and broug..ht before the court which shall at such time assess the fine provided and recover all costs accumulated. Any violation under this resolution that. involves failure to comply, pay fines, meet stipulations of contract, payment schedules, or as otherwise outlined will constitute a violation under this sec: on. Section 25. Muzzlina and Confinement Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Board of County Commissioners, if it deems necessary, shall issue a proclamation ordering every person owning or king a dog to confine it securely on his property or premises and such dog shall have a muzzle of sufficient strength to prevent it from biting any person. Any dog running at large during the time of proclamation shall be seized and impounded, and if noticeably displaying dangerous propensities, shall be destroyed by the Animal Control Officer. Any dog 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 15, above. Section 26. Liability for Accident or SubMuent Disease From Impoundment The Board of County Commissioners, its employees or agents, or persons authorized herein to enforce the provisions of this Resolution, shall not be held responsible for any accident or subsequent disease which may be suffer- by a dog as a result of the administration or implementation of this Resolution. Section 27. Public Nuisance-' A_ It shall be unlawful and declared to * 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 County Animal Control Officer and his/her deputies to impound said dog if the Officer is unable to contact the owner, and determines that the bari ng is disturbing the peace of the neighbors, and said officer has a signed complaint. C. 1. Provocation Defense: Provocation of a dog whose noise is complained of is an affirmative defense to any charge for violation of Section 27. -21- ~ 2. Warning Required: No person shall be charged with a violation of Section 27 unless written warning as provided part C of this section has been given at least seven days but not more than thirty-seven days priming the charge. 3. Warning Process: The warning process to be employed shall be substantially as follows: a. The warning must relate to a barlang incident separate from the charged violation. b. The Animal Control Officer may issue a warning after receiving a complaint and investigating the complaint in the field and determining a nuisance does exist. (Consensus Survey) c. All complainants must clearly identify themselves by stating their = name, address and telephone number. The complainant shall ftuther state, if known, the name of the dog's owner, the owner's address and telephone number, a description of the dog, description of the offense, and the date, time, place and duration of the offense. d. A record or incident report shall be kept of any such complaint and investigation. _ e. A warning to a dog owner shall cite Section 27 and advise the owner of penalty for violation of Section 27. The warning shall also stare that a complaint has been received, recite the date of the alleged offense, and conclude that the owner's dog may have disturbed the peace of another individual. The warning must be identified as being issued by an Animal Control Officer_ D. ' Complainant Rights and Responsibilities: 1. 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. 2. No person or owner shall be convicted at trial for violation of this Section unless testimony is presented by at least two complaining witnesses or by one complaining witness and the Animal Control Officer if evidence so merits. Section 28. Notice and Evidence of Warnings: An owner shall be deemed to have been issued and received an appropriate notice or warning as herein referred if the warning is personally served upon the owner, posted on the -22- owner's premises, or placed in the U.S. Mail, postage prepaid and addressed to the owner of the dog according to the last address given by the owner to obtain a certificate of lic=sse or license tag or to such other address as may be on file for the owner with a government agency. = Section 29 Unlawful Takine or Release A. It shall be unlawful for any person to take any dog from an enclosed lot, vehicle,. premises or other building and deliver the dog to the impoundment facility unless authorized to do so by the owner or the keeper of the dog or as authorized by this Resolution. B. It shall be unlawful for any person to open or cause to be opened any closed lot, vehicle, premises or building or release from a chain any dog for the purpose of allowing said dog to run at large- C. It shall be unlawful for any person to remove any animal from the County Animal- Control Shelter, any County vehicle, or from the custody of the Animal Control Officer or his/her deputies without the consent of the Animal Control Officer. Such action will be considered as an obstruction and charged accordingly. Section 30, Abandonment Cruelty to Dogs or Neared 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. Any violation of this section will result in a mandatory court appearance of the" owner. Section 31. Enforcement The provisions of this Resolution shall be; enforces by the County Sheriff and/or the County Animal Control Officer, or their respective deputies. The provisions of this Resolution may be enforced by any peace officer. Section 32. Iiot Pursuit The County Animal Control Officer or his/her deputies or any peace officcr in hot pursuit . of any dog in apparent violation of this Resolution may enter onto private pro&rty for the: purposes of enforcing this Resolution including the impoundment of the dog, removal of the = dog, ascertaining the identity of the dog, the currency or existence of County Dog Tags, of issuing a citation. This section does not grant any Animal Control Officer or any peace officer any additional authority to enter into any dwelling or other building designed for human occupancy } -23- zY~'-~ a • ! 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- n 33. Animal Control OM A. There is hereby created the position of M*e County Animal Control Officer who shall be employed by the County and appointed as such by the Board of County Commissioners, acting directly or through the County's Chief Administrative Officer, at such compensation and such qualifications as from time to time shall be fixed by order of the Board. B. Pursuant to § 30-15-105, C.R.S., personnel engaged in dog control, however titled or administratively assigned, may issue citations or summonses and complaints enforcing this Resolution. 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., !13 Nothing in this provision is intended to vest authority in any person so engaged to enforce any resolution or statute other than the County Animal Control Resolution. Section 34 DisaosMon of Fines and Forfeitures All fines and forfeitures for violation of any provisions of this Resolution and all moneys collected by the County for licenses shall be paid over to the County Treasurer immediately upon their receipt. on 35 Existing Dog License WiII Remain in Effect Until Dwiration Date The enactment of this Resolution, regardless of its repeal of the Fagle County Dog Control Resolutions of 1985 and 1990, shall not in any=way effect the validity of any unexpired dog license heretofore issued by the County, and any such license then in effect will continue to have validity until the regular expiration date thereof. Section 36. Caotionc----- The captions and paragraph headings used throughout this Resolution are for the:: convenience of reference only, and the words contained therein shall in no way be held or C 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 Resolution. -24- _ . C Section 37. Severability If any provisions of this Resolution or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Resolution, or the application of such provision to parties or cirr"smstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Resolution shall be valid and be enforced to the fullest extent permitted by law. Section 38. Effective Date That all provisions of this Resolution shall be effective on January 1 1992. k- Section 39. Reuel That upon the effective date of this Resolution, the Eagle County Dog Control Resolution of 1990 (and the Eagle County Dog Control Resolution of 1985, as amended) shall be repealed and replaced by this Resolution. That repeal shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effec- tive date of this Resolution. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of December, 1991. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMMIONERS Clerk to the Board of County Commissioners By: 74-6 ~5-eA12` George A. Gates, Chairman Donald H. Welch, Commissioner Pjc6ard L. G+&afson' Commissioner -25-