HomeMy WebLinkAbout20073861.tiff CHAPTER 14
Health and Animals
ARTICLE IV
Animals Dog Control
Sec. 14-4-10. Definitions.
As used in this Article, the following words have the following meanings:
Animal control officer means any person empowered by Weld County to enforce
the provisions of this Article, as more specifically set forth in Sec. 14-4-110, below.
Attack means violent or aggressive physical contact with a person or domestic
animal, or violent or aggressive behavior that confines the movement or a person,
including but not limited to cornering or circling a person.
Bodily injury means any injury, inflicted on a person, other pet animal or
livestock, which is caused by a dog bite or other form of aggressive behavior of a dog,
including chasing, cornering or circling, whereby, the victim's skin is broken, or the
victim experiences external or severe internal bleeding or broken bones, or requires
medical treatment by a licensed medical care provider or veterinarian for an injury.
Control means physical restraint of a dog by use of a leash or similar tether, of no
more than twenty-five(25) feet in length,er by the use of a containing device, or by
means of confinement within a fully enclosed area such as a yard or dog run from which
a dog cannot escape. Control also means being in compliance with the terms of Section
14-4-20, below.
County means the unincorporated portion of Weld County, and excludes those
areas which are within the city limits of any incorporated municipality within the County.
Dog means any animal of the canis familiaris species, or any hybrid thereof
Guard Dog means any dog which has been trained to protect and/or defend
properties or persons, and is kept for the purpose of deterring persons who are not
authorized by the dog's owner from entering either the premises used solely for
commercial or agricultural purposes or any construction site, including any area used for
the storage of construction materials.
Impound means to physically confine a dog at a licensed boarding facility at the
direction of an animal control officer.
Leash means a thong, cord, rope, chain or similar device which is capable of
holding restraining a dog within.
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Owner means any partnership, corporation, person owning, or the parent,
guardian or custodian of a child under sixteen(16) years of age, who owns any dog, or
having has the same in his or her care, custody or control; or who shall causes;
encourage or suffers the same to remain on his or her premises for a period of three(3)
days or more.
Pet animal means and includes any animal owned or kept by a person for
companionship or protection or for sale or adoption to others for such purposes.
Premises means real property owned, rented, leased, used, kept or occupied by a
person, partnership or corporation.
Running-at-large means off the premises of the owner and not under the
immediate physical control of the owner.
Vicious dog means a dog that:
(1) bites or attacks a person or domestic animal or pet animal without
provocation; or
(2) approaches any person in an apparent attitude of attack and/or in a vicious
or terrorizing manner; or
(3) has been found to be a vicious dog by any court in any action.
Sec. 14-4-20. Running at large Failure to control.
A. It is unlawful for the owner or any person having custody of any dog to allow,
suffer, permit or sanction the running at large of said dog without the accompaniment of
said owner or person having custody of the dog
within the County, except said portions of the County which are within the city limits of
any incorporated municipality within the County.
B. A dog shall be deemed to be running at large when off or away from the
premises of its owner and not under the control of such owner.
C. It shall be deemed that a dog is not under the control of its owner when the dog
inflicts damage or injury to the person or property of another or by harassing, chasing or
attacking people, livestock (or worrying livestock as defined in Section 35 43 126,
C.R.S.), or wildlife, except in the defense of the owner, his or her family or property.
D. Control, as defined in Section 11 4 10 above, shall not apply to dogs while
actually working livestock, locating or retrieving wild game in season for a licensed
hunter during daylight hours, assisting law enforcement officers or being trained for any
of these pursuits.
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It is unlawful for the owner or any person having custody of any dog to fail to control
said dog within Weld 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/her premises, if said premises consist of ten(10) acres or less, or more than
eight(8) dogs which are over the age of six (6) months, if said premises consist of more
than ten acres, at any time, shall be deemed to fail to control said dogs.
B. An owner shall be deemed to fail to control a dog if the dog is found
running-at-large within Weld County, as the term is defined in this Article.
C. An owner shall be deemed to fail to control a dog if the dog inflicts bodily
injury to a person or animal, (pet animal or livestock belonging to another person), or
damages or destroys the property of another.
D. An owner shall be deemed to fail to control a dog if the owner fails to post
at least one sign at the entrance of any premises upon which a guard dog is kept.
E. An owner shall be deemed to fail to control a dog if the owner of the dog
allows, suffers, permits or sanctions the dog to bark, howl, yelp, whine, or make any
other loud, persistent, and/or habitual noise so as to disturb the peace and quiet, and/or
interfere with the sleep of others who are not the owners of the dog.
F. 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.
G. Affirmative defenses:
1. It shall be an affirmative defense to an alleged violation of Section
14-4-20 B, if a dog is under the direction and supervision of the owner or person
having custody of the dog, and the dog is actually working livestock, or locating
and retrieving wild game in season for a licensed hunter during daylight hours, or
if a dog is assisting law enforcement officers, or if a dog is being trained for any
of the foregoing pursuits.
2. It shall be an affirmative defense to an alleged violation of
Sections 14-4-20 C and E, if a dog is acting in defense of the owner, the owner's
family or the owner's premises.
3. It shall be an affirmative defense to an alleged violation of Section
14-4-20 C, if the dog is a guard dog as defined in this Article and the dog is acting
to protect the premises of the owner, as long as the signage required under
paragraph D above is posted.
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4. It shall be an affirmative defense to an alleged violation of
Sections 14-4-20 C and E, if the dog has been intentionally provoked by a person
who is not the owner of the dog.
Sec. 14-4-30. Animal Assistanee League Humane Society of Weld County.
The Northern Colorado Animal Assistance League Humane Society of Weld County
shall have the responsibility, under this Article, and in accordance with a contract which
shall be entered into between the Board of County Commissioners of Weld County and
the Northern Colorado Animal Assistance League Humane Society, for impounding dogs
found-to-be running at large whose owners are in violation of this Article.
Sec. 14-4-40. Impoundment of dogs.
A. Upon the execution of a contract between the Weld County and the NeFtheim
Colorado Animal Assistance League Humane Society of Weld County, it shall be the
duty of the Northern Colorado Animal Assistanee League Humane Society to impound
any and all 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 Section 14-4-20, subparagraphs A,
B, D, E, or F without accompaniment of the owner or any other person having control of
the dog within any part of the County, except within the city limits of any incorporated
municipality in the County.
B. If any animal dog is found running-at-large or off the premises of the owner or
keeper in violation of this Article, or when any such animal is followed back to the
premises, it may be taken up and impounded and/or the owner or keeper of the animal
dog may be fined as provided hereafter. Those persons who have the authority to enforce
the provisions of this Article may pursue any at-large dog across private property without
liability for trespass.
C. If any dog is found to be barking, howling, yelping whining or making any
other loud and persistent noise, when the owner is off the premises, it may be taken up
and impounded and/or the owner or keeper of the animal may be fined as provided
hereafter. However, no one may enter the dwelling or other building of the owner or
person in whose custody the dog resides at the time in order to reach the dog, unless the
dog is believed to be in danger.
Sec. 14-4-60. Adoption, sterilization and euthanasia.
Any dog that has not been redeemed within five (5)days from the time of such
impoundment may be put up for adoption at once in accordance with the normal
procedure of the director of the impounding facility. Any owner or keeper of a dog who
does not claim or redeem said dog within the five day impounding period shall forfeit all
right, title and interest in said dog. Any dog which has not been redeemed within five(5)
days as herein provided, or any dog which, in the opinion of a veterinarian, is
experiencing extreme pain or suffering during the five day impounding period, may at
once be humanely euthanized under the direction of the director of the impounding
facility and removed and buried or cremated. No dog shall be put up for adoption or
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euthanized until reasonable efforts have been made to notify the owner, either orally or in
writing, if the dog is experiencing extreme pain or suffering as determined by a
license tag or other identification found on the dog. In cases where the dog is
experiencing extreme pain or suffering, as determined by a veterinarian and the owner is
identifiable, reasonable effort shall mean efforts to notify the owner for a period of up to
twenty four(21)hours. Any person adopting an unclaimed dog pursuant to this Section
shall provide proof of sterilization to the impounding facility within thirty(30)days of
adoption for adult dogs, or at nine(9)months of age if the dog is adopted before that age.
The time requirements of this sterilization requirement shall be suspended upon receipt
by the impounding facility of a letter from a licensed veterinarian stating that sterilization
not recommended
A. If the owner of an impounded dog is known, an Animal Control Officer
shall take reasonable steps to notify the dog's owner of the impound. Dog owner shall be
deemed to have received notification if an Animal Control Officer contacts him or her by
telephone or in person, or if the Officer posts a notice on the owner's premises.
B. Any owner or custodian of a dog who does not claim or redeem a dog
which has been impounded within five (5) days from the time of an impoundment shall
forfeit all right, title and interest in said dog.
C. Any dog which has been impounded and which has not been redeemed
within five(5) days of such impoundment may be put up for adoption at once in
accordance with the normal procedure of the impounding facility.
D. Any dog which has not been redeemed within five (5) days of the time of
impoundment may be humanely euthanized under the direction of the director of the
impounding facility, and removed, buried or cremated.
E. Any dog, which in the opinion of a veterinarian is experiencing extreme
pain or suffering during the initial five(5) day period of impoundment may be humanely
euthanized under the direction of the director of the impounding facility, and removed,
buried or cremated. Prior to euthanizing the dog, reasonable efforts must be made to
contact the dog's owners for a period of twenty-four hours after impoundment. However,
if, in the opinion of the director of the impoundment facility, the dog is suffering extreme
pain and suffering and it would be inhumane to postpone euthanizing the dog, the dog
may be euthanized before the expiration of twenty-four(24)hours.
F. If an Animal Control Officer has reasonable grounds to believe that a dog
has bitten a person or another animal and may be rabid, the Officer may direct the
impoundment facility to hold the dog for as long as the officer deems reasonably
necessary, even if the dog is claimed by the owner.
G. Any person adopting an unclaimed dog pursuant to this Section shall
provide proof of sterilization to the impounding facility within thirty(30) days of
adoption of adult dogs of more than six (6) months of age, or at nine(9)months of age if
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the dog is adopted before that age. The time requirements of this sterilization requirement
shall be suspended upon receipt by the impounding facility of a letter from a licensed
veterinarian stating that sterilization is not recommended.
Sec. 14-4-70. Nonliability.
The Sheriff, the Board of County Commissioners, their assistants and employees, the
Northern Colorado Animal Assistance League Weld County Humane Society and staff
thereof, and any person enforcing the provisions of this Article shall not be held
responsible for any accident or subsequent disease that may occur in connection with the
administration of this Article.
Sec. 14-4-80. Violations and penalties.
A. Any violation of Section 14-4-20, or S o eeaen4-4-60 paragraphs A through F
of this Article, which does and not involvinge bodily injury to any person or any animal,
shall be a Class 2 pPetty eOffense, 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 to any person, the offender shall be punished
according to the following schedule:
First Conviction: $450.00 fine;
Second Conviction: $8130.00 fine;
Third Conviction: $250.00 fine; and
Fourth or More Convictions: $300.00 fine and/or imprisonment in the County Jail
for not more than 90 days.
B. For sentencing purposes concerning convictions for second and subsequent
offenses, prima facie proof of a defendant's previous convictions shall be established
when the prosecuting attorney submits to the Court the case numbers and dates of said
previous convictions, or evidence of an acknowledgement of guilt by the payment of a
penalty assessment in those cases. The prosecuting attorney shall not be required to plead
or prove any previous convictions at trial. Sentencing concerning convietions for second
and subsequent offenses shall be a matter to be determined by the Court following
conviction. The record of a previous acknowledgment of guilt entered pursuant to the
terms of Section 14-4-90 shall be considered a conviction for the purpose of determining
prior convictions in sentencing.
Sec. 14-4-90. Penalty assessment and schedule.
Notwithstanding the provisions of Section 14-4-80 hereof, any person charged with one
(1) or more of the violations of Subsections A, B, D, and E of Section 14-4-20 or 14 60
of this Article, and not involving bodily injury to any person, shall have the option of
paying the below-specified penalty assessments therefor to the Weld County Treasurer in
lieu of further proceedings or defense of such violations in court, or of appearing in court
to defend such charge. If such person elects to appear in court, he or she shall be
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proceeded against as otherwise provided by law for the violations charged and shall be
subject to the penalties provided in Section 14-4-80,hereof if convicted of such charge.
In the event a person elects to pay the prescribed penalty assessment as permitted herein,
such payment shall constitute an acknowledgment of guilt by such person of the offense
charged and shall be deemed a complete satisfaction for such violation. Upon accepting
the prescribed penalty assessment, the County Treasurer shall issue a receipt to the
violator acknowledging payment thereof. The penalty assessment which may be accepted
and paid by the violator under the privileges of this Section shall be as follows:
First Offense: $435.00;
Second Offense Within A Thirty-Six (36)Month Period: $5100.00;
Third Offense Within A Thirty-Six(36)Month Period: $200.00;
Fourth Offense Within A Thirty-Six (36) Month Period: $250.00; and
POUF Five or More Offenses Within A Thirty-Six (36)Month Period: Penalty
assessment shall not apply and the violator shall be prosecuted under the
provisions
Sec. 14-4-100. Bodily injury Class 2 misdemeanors.
A. It is unlawful for the owner or any person having custody of any dog to allow,
suffer, permit or sanction the infliction of bodily injury upon any person by said dog
while said dog is running at large as defined by Sections 14 4 10 and/or 11 4 20 of this
Article. Any violation of this Section shall be a Class 2 misdemeanor as defined by
Section 18 1 106, C.R.S. Upon conviction of a violation of this Section, the offender
shall be punished according to the following schedule.
First Conviction Imprisonment in the County Jail for 3 months and/or$250 fine
Second Conviction Imprisonment in the County Jail for 6 months and/or$500
fine
Third or More Imprisonment in the County Jail for Convictions 12 months and/or
$1,000 fine
B. For sentencing purposes concerning convictions for second and subsequent
offenses pursuant to this Section, prima faeie proof of a defendant's previous convictions
shall be established when the prosecuting attorney submits to the Court the case numbers
and dates of said previous convictions. The prosecuting attorney shall not be required to
plead or prove any previous convictions at trial. Senteneing concerning convictions for
second and subsequent offenses shall be a matter to be determined by the Court following
eens'iction..
A. A dog owner commits a Class 2 Misdemeanor if:
1. The owner's dog commits a violation of Subsections C, of Section 14-4-
20 of this Article.
2. The owner's dog is a vicious dog, and there is a violation of Subsection
G of Section 14-4-20 of this Article.
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B. Any person convicted of a Class 2 Misdemeanor under this Section shall be
fined not less than two hundred and fifty dollars ($250), and not more than one thousand
dollars($1000) and/or imprisoned in the county jail for not more than nine (9)months.
Sec. 14-4-110. County dog control officers.
A. The Sheriff, undersheriff or any deputy sheriff, and any officer, agent or
employee of the^' ' a " '." -'_ _^_=_'_r` League Humane Society of Weld
County, if the League Humane Society is under contract with the County, shall have the
authority to enforce the provisions of this Article and within the meaning of 30-15-
102(3), C.R.S., shall be considered County dog control officers.
Sec. 14-4-120. Disposition of fines and penalties.
All fines and penalties paid for violations of this Article, including convictions, shall be
paid into the Weld County Treasury.
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