HomeMy WebLinkAbout20083269.tiff CHAPTER 14
Health and Animals
ARTICLE IV
Animals
Sec. 14-4-10. Definitions.
As used in this Article, the following words have the following meanings:
Owner means any partnership, corporation, person, or the parent, guardian or
custodian of a child under sixteen(16) years of age, who owns any dog or has the same in
his or her care, custody or control; or who causes or suffers the same to remain on his or
her premises for a period of three(3) days or more.
Vicious dog means a dog that:
a Bites or attacks a person, domestic animal or pet animal without
provocation;
b. Approaches any person in an apparent attitude of attack and/or in a vicious
or terrorizing manner;or
c. Has been found to be a vicious dog by any court in any action.
Sec. 14-4-20. Failure to control.
It is unlawful for the owner or any person having custody of any dog to fail to
control said dog within the County, except the portions of the County which are within
the city limits of any incorporated municipality within the County. An owner or other
person having custody of a dog shall be deemed not to control a dog under the following
circumstances:
A. Any owner having more than four(4) dogs which are over six(6)months
of age on his or her premises, if said premises consist of ten (10) acres or less and lies
within a recorded subdivision, recorded planned unit development, or platted townsite; or
more than eight (8) dogs which are over the age of six (6)months, if said premises
consist of more than ten (10) acres, at any time, shall be deemed to fail to control said
dogs.
E. An owner shall be deemed to fail to control a dog if the dog is a vicious
dog as defined in this Article, and is not in the physical control of the owner.
FE. Affirmative defenses:
2008-3269
5. It shall be an affirmative defense to an alleged violation of
Subsection A if a Use by Special Review permit has been approved by the Weld
County Board of Commissioners and a plat recorded in the Weld County Clerk
and Recorder's Office for a Kennel in order to exceed maximum number
established through Chapters 14 and 23 of this Code.
Sec. 14-4-40. Impoundment of dogs.
A. Upon the execution of a contract between the County and the Humane Society of
Weld County, it shall be the duty of the Humane Society to impound any dogs found running at
large or off the premises of the owner,whether or not he or she is accused of any other violations
set forth in Subsection 14-4-20.A, B, C, or D-Of E.
Sec. 14-4-80.Violations and penalties.
A. Any violation of Subsections 14-4-20.A, B, and D through E of this Article,
which does not involve bodily injury to any person or any animal, shall be a Class 2 Petty
Offense, as defined by Section 18-1-107, C.R.S. Violations of each subsection shall be considered
separate offenses,each of which is subject to a separate penalty. Upon conviction of a violation of
Section 14-4-20 of this Article, and not involving bodily injury, the offender shall be punished
according to the following schedule:
Sec. 14-4-100. Class 2 Misdemeanors.
A. A dog owner commits a Class 2 Misdemeanor ifs T the owner's dog commits a
violation of Subsection 14-4-20.C of this Article.
2. The owner's dog is a vicious dog, and there is a violation of Subsection 14 4-
20.E of this Article.
B. Any person convicted of a Class 2 Misdemeanor under this Section shall be fined
not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars
($1,000.00) and/or imprisoned in the County Jail for not more than nine (9) months one-hundred
eighty(180)days.
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