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WELD COUNTY
CODE ORDINANCE 2008-12
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld , including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption , and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein .
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 14
HEALTH AND ANIMALS
Amend 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 .
Delete the definition of Vicious dog from Sec. 14-4-10.
Amend 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 consists of ten ( 10) acres or less lies
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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.
B through D - No change.
E. Affirmative defenses:
1 through 4 - No change.
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.
Amend 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.
Remainder of Section - No change.
Amend Sec. 14-4-80. Violations and penalties.
A. Any violation of Subsections 14-4-20.A, B, and D 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:
Remainder of Section - No change.
Amend Sec. 14-4-100. Class 2 Misdemeanors.
A. A dog owner commits a Class 2 Misdemeanor if the owner's dog commits a violation
of Subsection 14-4-20. C 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
one-hundred eighty ( 180) days.
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BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles , divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section , subsection , paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional , such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section , subsection , paragraph , sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid .
The above and foregoing Ordinance Number 2008- 12 was, on motion duly made and
seconded , adopted by the following vote on the 6th day of October, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robed D. Masden, Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM :
David E. Long
County Attorney
Douglas Rademacher
First Reading : August 25, 2008
Publication: September 5, 2008, in the Greeley Tribune
Second Reading : September 15, 2008
Publication: September 26, 2008, in the Greeley Tribune
Final Reading : October 6, 2008
Publication: October 17, 2008, in the Greeley Tribune
Effective: October 21 , 2008
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