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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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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.
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As used in this Article, the following words have the following meanings:
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05 Animal control officer means any person empowered by Weld County to enforce the
Z provisions of this Article, as more specifically set forth in Section 14-4-110, below.
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8 g Attack means violent or aggressive physical contact with a person or domestic animal, or
rimd o violent or aggressive behavior that confines the movement or a person, including but not limited
-3E to, cornering or circling a person.
in Bodily injury means any injury, inflicted on a person, other pet animal or livestock, which is
gm.�c caused by a dog bite or other form of aggressive behavior of a dog, including chasing, cornering
"o or circling,whereby,the victim's skin is broken,or the victim experiences external or severe internal
�N o bleeding or broken bones, or requires medical treatment by a licensed medical care provider or
bo veterinarian for an injury.
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�T Control means physical restraint of a dog by use of a leash or similar tether, of no more
I&" than twenty-five(25)feet in length, by the use of a containing device, or by means of confinement
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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 restraining a
dog.
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.
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
S'6 physical control of the owner.
Vicious dog means a dog that:
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d o 1) bites or attacks a person or domestic animal or pet animal without provocation; or
�3 d 2) approaches any person in an apparent attitude of attack and/or in a vicious or
a terrorizing manner; or
3) has been found to be a vicious dog by any court in any action.
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moo= Repeal and Reenact Sec. 14-4-20 to read as follows:
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=?o Sec. 14-4-20. Failure to control.
grc 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
ci mm re;' 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
2007-3498
PAGE 2 ORD2007-9
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 dog is a vicious dog as
defined in this Article, and is not in the physical control of the owner.
F. 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 Section 14-4-20.C
if a dog is acting in defense of the owner, the owner's family or the owner's
g premises.
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^�+ 3. It shall be an affirmative defense to an alleged violation of Section 14-4-20.C
-6 d if the dog is a guard dog, as defined in this Article, and the dog is acting to
o 0 protect the premises of the owner, as long as the signage required under
d paragraph D above is posted.
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n3 4. It shall be an affirmative defense to an alleged violation of Section 14-4-20.C
�a d if the dog has been intentionally provoked by a person who is not the owner
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Amend Sec. 14-4-30. Humane Society of Weld County.
—8o The Humane Society of Weld County shall have the responsibility, under this Article, and
ter° in accordance with a contract which shall be entered into between the Board of County
a an„ Commissioners of Weld County and the Humane Society,for impounding dogs whose owners are
in violation of this Article.
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C° Amend Sec. 14-4-40. Impoundment of dogs.
A. Upon the execution of a contract between Weld 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
2007-3498
PAGE 3 ORD2007-9
is accused of any other violations set forth in Section 14-4-20, subparagraphs A, B,
D, or E.
B. If any 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 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.
Repeal and Reenact Sec. 14-4-60 to read as follows:
Sec. 14-4-60. Adoption, sterilization and euthanasia.
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
— 3 impounding facility, and removed, buried or cremated.
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=02 E. Any dog, which in the opinion of a veterinarian is experiencing extreme pain or
d suffering during the initial five (5) day period of impoundment may be humanely
��c euthanized under the direction of the director of the impounding facility, and
= o d removed, buried or cremated. Prior to euthanizing the dog, reasonable efforts must
�3 be made to contact the dog's owners for a period of twenty-four hours after
a as impoundment. However, if, in the opinion of the director of the impoundment facility,
-C 412 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
r o twenty-four(24) hours.
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g c F. If an Animal Control Officer has reasonable grounds to believe that a dog has bitten
-CD 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.
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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
2007-3498
PAGE 4 ORD2007-9
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 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.
Amend Sec. 14-4-80. Violations and penalties.
A. Any violation of Section 14-4-20, paragraphs A 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:
First Conviction: $50.00 fine;
Second Conviction: $130.00 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, prima facie proof of a defendant's previous convictions
shall be established when the prosecuting attorney submits to the Court the case
E numbers and dates of said previous convictions, or evidence of an
d acknowledgement of guilt by the payment of a penalty assessment in those cases.
—o cc The prosecuting attorney shall not be required to plead or prove any previous
a"Y convictions at trial. The record of a previous acknowledgment of guilt entered
eag. pursuant to the terms of Section 14-4-90 shall be considered a conviction for the
aim g o purpose of determining prior convictions in sentencing.
3 Amend Sec. 14-4-90. Penalty assessment and schedule.
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rd. Notwithstanding the provisions of Section 14-4-80 hereof,any person charged with one(1)
`" or more of the violations of Subsections A, B, and D of Section 14-4-20 of this Article, and not
o involving bodily injury to any person, shall have the option of paying the below-specified penalty
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c assessments therefor to Weld County 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,
o he or she shall be proceeded against as otherwise provided by law for the violations charged and
!ET'-xc shall be subject to the penalties provided in Section 14-4-80, hereof if convicted of such charge.
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12,, 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
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—g u, shall be deemed a complete satisfaction for such violation. The penalty assessment which may be
accepted and paid by the violator under the privileges of this Section shall be as follows:
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PAGE 5 ORD2007-9
First Offense: $35.00;
Second Offense Within A Thirty-Six (36) Month Period Following the First Offense: $100.00;
Third Offense Within A Thirty-Six (36) Month Period Following the First Offense: $200.00;
Fourth Offense Within A Thirty-Six (36) Month Period Following the First Offense: $250.00; and
Five or More Offenses Within A Thirty-Six(36) Month Period Following the First Offense: 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. Class 2 misdemeanors.
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 E 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 ($250.00), and not more than one
thousand dollars($1,000.00)and/or imprisoned in the county jail for not more than
nine (9) months.
Amend Sec. 14-4-110. County dog control officers.
A. The Sheriff, undersheriff or any deputy sheriff, and any officer, agent or employee
a of the Humane Society of Weld County, if the Humane Society is under contract
d with the County, shall have the authority to enforce the provisions of this Article and
ore within the meaning of Section 30-15-102(3),C.R.S.,shall be considered County dog
control officers.
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8 O Remainder of Section - No change.
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g Add Sec. 14-4-120. Disposition of fines and penalties.
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All fines and penalties paid for violations of this Article, including convictions, shall be paid
fro into the Weld County Treasury.
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No 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
- re sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
e r- capitalization,grammar,and numbering or placement of chapters,articles, divisions, sections,and
- 7, sub-sections in said Code.
2007-3498
PAGE 6 ORD2007-9
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 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
COUNTY, CO ORADO
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3 .9
ATTEST:
frtrki ,� avid E. Long, Chair
Weld County Clerk to the B ,t a Y
BY: t-' -(1 VQ.Vj C,C „/ ( William H. Jerre, ro-Tem
Dept Clerk o the Board
Wil ' m F. Garcia
APPROVED AS TO FORM: A- PATS �
�/.>� � � Robert D. Masden
Cory Attorney� C
Douglas ademacher
First Reading: October 1, 2007
Publication: October 10, 2007, in the Fort Lupton Press
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- E Second Reading: October 22, 2007
g Publication: October 31, 2007, in the Fort Lupton Press
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a,� Final Reading: November 14, 2007
_- =S2 November 21, 2007, in the Fort Lupton Press
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—? d Effective: November 26, 2007
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