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WELD COUNTY
CODE ORDINANCE 2007-9
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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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:
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, by the use of or-a containing device, or by means of
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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
holdingrestraining a dog within.
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 havinghas the same
in his or her care, custody or control; or who shall causes,encourage or suffer:-, 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.
Repeal and Reenact Sec. 14-4-20 to read as follows:
Sec. 14-4-20. Running at-largeFailure 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.
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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.
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
35-43-12G, C.R.S.), or wildlife, except in the defense of the owner, his or her family
or property.
D. Control, as defined in Section 14=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.
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.
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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.
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.
Amend Sec. 14-4-30. Animal Assistance LeagueHumane Society of Weld County.
The Northern Colorado Animal Assistance LeagueHumane 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 LeagueHumane Society, for impounding dogs found to be running
at-largewhose owners are in violation of this Article.
Amend Sec. 14-4-40. Impoundment of dogs.
A. Upon the execution of a contract between theWeld County and the Northern
Colorado Animal Assistance LeagueHumane Society of Weld County,it shall be the
duty of the Northern Colorado Animal Assistance LeagueHumane 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, F3, D. E, or Fwithout 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.
I
B. If any animalJoi; 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
animaldog 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.
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Repeal and Reenact Sec. 14-4-60 to read as follows:
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
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 veterinarian or if the
whereabouts of such owner is known or can be ascertained from 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(24)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 is 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.
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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 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.
Amend Sec. 14-4-70. Nonliability.
The Sheriff, the Board of County Commissioners, their assistants and employees, the
Northern Colorado Animal Assistance LeagueWeld 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.
Amend Sec. 14-4-80. Violations and penalties.
A. Any violation of Section 14-4-20, or Section 14-4-60 paragraphs A through F of this
Article, andwhich does not involvinginvolve bodily injury to any person or any
animal, shall be a Class 2 pRetty°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
or Section 14.4-60 of this Article, and not involving bodily injury to any person, the
offender shall be punished according to the following schedule:
First Conviction $40450.00 fine.
Second Conviction: $80130.00 fine:.
Third Conviction: $250.00 fine; Hii,1
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 convictions 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.
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Amend 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 14-4-60 of this Article,
and not involving bodily injury to any person, shall have the option of paying the below-specified
penalty assessments therefor to theWeld 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 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: $2535.00;
Second Offense Within A Thirty-Six (36) Month Period: $50100.00;
Third Offense Within A Thirty-Six (36) Month Period: $200.00;
Fourth Offense Within A Thirty-Six(36) Month Period: $250.00; and
fourFive or More Offenses Within A Thirty-Six (36) Month Period: Penalty assessment
shall not apply and the violator shall be prosecuted under the provisions of
Sections 14-4-20 and/or 14-4-60 of this Article, upon the issuance of a summons to appear
Repeal and Reenact Sec. 14-4-100 to read as follows:
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 14.4.20 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 facie proof of a defendant's previous
convictions shall be established when the prosecuting attorney submits to the Court
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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. Sentencing
concerning convictions for second and subsequent offenses shall be a matter to be
determined by the Court following conviction.
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.
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.
Amend Sec. 14-4-110. County dog control officers.
A. The Sheriff, undersheriff or any deputy sheriff, and any officer, agent or employee
of the Northern Colorado Animal Assistance LeagueHumane Society of Weld
County, if the LeagueHumane 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.
Remainder of Section - No change.
Add 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.
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.
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The above and foregoing Ordinance Number 2007-9 was, on motion duly made and
seconded, adopted by the following vote on the 14th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Douglas Rademacher
First Reading: October 1, 2007
Publication: October 10, 2007, in the Fort Lupton Press
Second Reading: October 22, 2007
Publication: October 31, 2007, in the Fort Lupton Press
Final Reading: November 14, 2007
Publication: November 21, 2007, in the Fort Lupton Press
Effective: November 26, 2007
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