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MEMORANDUM OPINION
TO: Board of County Commissioners, Weld County, Colorado
FROM: County Attorney
DATE: July 30, 1975
RE: County-Wide Dog Licensing
QUESTION: MAY THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS REQUIRE THE
OWNERS OF DOGS IN WELD COUNTY TO REGISTER THEIR DOGS OR TO
PAY A LICENSE FEE?
ANSWER: Yes.
DISCUSSION:
Applicable Statute: The applicable statute is C.R.S. 1973, 30-15-101,
et.seq. , and pursuant thereto, the Board may, by Resolution duly adopted,
make an order requiring all owners of dogs over 6 months old within the
County (if not otherwise affected by an existing municipal dog ordinance)
to register or to pay an annual license fee for each dog.
Annual Dog License Fee - Determinable by Board: The statute contemplates
that the fee schedule for dog licensing as determined by the Board will be
based on consideration of defraying the actual cost of administering the dog
licensing program. Fee proceeds shall be paid into the Weld County General Fund.
60 Days to Comply: The dog license fee is payable, according to the
statute, NOT LATER THAN 60 days from the date of the meeting of the Board at
which the order is duly adopted by the Board. The statute also prescribes
March 1 as the annual deadline for payment of the yearly fee by dog owners,
until such license fee is rescinded by order of the Board.
Rabies Vaccination: No dog license shall be issued until the owner of
the dog in question shall exhibit to the Board or the official designated to
administer the program, a valid rabies vaccination certificate indicating that
the dog has been vaccinated against rabies by a licensed veterinarian.
County Official In Charge of Program: The Board may choose whichever
County official it deems is best in a position to administer the-dog licensing
program, which shall entail the keeping of a master register containing:
Name of Dog Owner Address Description of Dog Metal Tag License No.
and the issuing to the person paying the license fee of 1) a receipt reciting
the dog owner's name and license number, and 2) a metal tag or disc bearing
the year of issue, county identification, and the registration or license
SV0VYY644
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County-Wide Dog Licensing
July 30, 1975
Page Two
number corresponding with that mentioned in the receipt.
Duplicate tags may be issued by the designated enforcement agency, in
the event of loss of the original, at a cost of $.50 for each duplicate tag.
Statutory Notice Requirement: Notice of the dog licensing order shall
be published in a newspaper of general county-wide circulation in the two
successive issues of said paper immediately following the meeting at which
the dog licensing Resolution is adopted by the Board.
Liability from Events of Impoundment or Enforcement Limited: C.R.S. 1973,
30-15-104, states that the Board, its assistants and employees, or any person
enforcing the county dog licensing law shall not be held responsible for any
accident or subsequent disease that may occur in connection with the admini-
stration of the county dog licensing program.
Penalties for Interference or Non-Compliance: C.R.S. 1973, 30-15-105
states as follows:
1) It is unlawful for any person to interfere with, hinder, or prevent
the board of county commissioners or its authorized representatives in the
discharge of its duties as prescribed in this part 1 (county-wide dog licensing
law) or to violate any provision of this part 1.
2) Any person refusing to comply with the provisions of this part 1
or violating any of the provisions of this part 1 is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars ($100.00) , or by imprisonment in the county jail for not
more than thirty days for each offense.
DOC RESTRAINT RESOLUTION - OPTIONAL
In addition to the county-wide dog licensing procedure outlined above,
C.R.S. 1973, 30-15-103 provides for two alternative methods of establishing
a county-wide dog restraint law, if such a law is deemed appropriate and
economically and practicably enforceable by the Board:
RESOLUTION 1) The Board may adopt a Resolution prohibiting the running at large of
any dog without accompaniment of a human being having control of the dog
within the jurisdiction of the County or any portion thereof.
County-Wide Dog Licensing
July 30, 1975
Page Three
After a grace period of 60 days from the adoption of the Dog Restraint
Resolution by the Board, or until such Resolution is rescinded by the Board,
it is the duty of the county official designated by the Board to seize and
impound in some suitable place within the County any dog found running at
large without accompaniment of a human being having control of the dog.
After impoundment, the enforcement agency shall give notice of such
impoundment to the owner, if known, who may recover possession of the dog
upon payment of the applicable fees and costs of impoundment.
Disposal of Impounded Dogs: If, after impoundment, no owner appears
to claim any such dog and pay the fees and costs within 5 days after receipt
of such notice or within 5 days after such dog is impounded when said owner
is unknown, the Board may authorize the disposal of such impounded dog in
accordance with local program policy.
County General Fund Expense: Any expense involved in administering
this dog licensing and restraint law shall be paid out the County general fund.
PETITION (2) If the Board does not adopt a Dog Restraint Resolution, the question
AND
BALLOT of whether a County SHOULD RESTRAIN DOGS RUNNING AT LARGE may be placed on
the ballot at any general election by petition signed by the qualified
2, 7 z
electors of the County equal in number to 8% of the number of votes cast
f
in that County for all candidates for the office of Secretary of State at f 7
the most recent election for that office. Such petition shall be filed with
the Board at least 60 days prior to the general election.
Ballot Title: C.R.S. 1973, 30-15-103 (3) provides that the ballots or
voting machine tabs shall contain the words, "FOR A DOG RESTRAINT RESOLUTION"
and "AGAINST A DOG RESTRAINT RESOLUTION". If approved by a majority vote,
such proposal shall become effective 30 days after the official canvass of
of votes, and it is then the duty of the Board to adopt a dog restraint
Resolution as described in Paragraph (l) immediately above.
Respectfully submitted,
Y V
a uel S. Telep T
County Attorney
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