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HomeMy WebLinkAbout20073860.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-9 was introduced on first reading on October 1, 2007, and a public hearing and second reading was held on October 22, 2007. A public hearing and final reading was completed on November 14, 2007, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2007-9 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE EFFECTIVE DATE: November 26, 2007 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 16, 2007 PUBLISHED: November 21, 2007, in the Fort Lupton Press 69 /0 acc '2- if 2007-3860 PROOF OF PUBLICATION NOTICEOF FORT LUPTON FINAL READING OF ORDINANCE Pursuant to the Weld County STATE OF COLORADO Home Rule Charter, Ordinance Number 2007-9 was introduced on COUNTY OF WELD SS. first reading on October 1, 2007, and a public hearing and second reading was held on October 22, 2007. A public hearing and final reading was completed on November 14, 2007, with no I, Karen Lambert, do solemnly swear that I change being made to tne text of said Ordinance,m and on motion am the Publisher of the Fort Lupton Press; duly adopted.ma and seconded,date f was Effective w of said that the same is a weekly newspaper printed Ordinance is listed below. Any backup material, exhibits or and published in the County of Weld, State information previously submitted to the Board of County of Colorado, and has a general circulation Commissioners concerning this ma therein; that said newspaper has been may examined officte of teray b b e Clerk to e the Board in the f County Commissioners,located in published continuously and uninterruptedly the Weld County Centennial Center, 915 10th Street, Third in said county of Weld for a period of more Floor,Greeley,Colorado,between the hours of 8:00 a.m. and 5:00 than fifty-two consecutive weeks prior to the p.m., Monday thru Friday,or may be accessed through the Weld first publication of the annexed legal notice County Web Page (www.co.weld.co.us). E-Mail or advertisement; that said newspaper has messages sent to an individual do Commissioner may be been admitted to the United States mails as o in the file. e ensure Inclusion of your E•Mail second-class matter under the provisions of correspondence Into the case a copy to the act of March 3, 1879, or any egesipo, please se.weln send . amendments thereof, and that said ORDINANCE NO.2007-9 newspaper is a weekly newspaper duly ORDINANCE TITLE: IN THE AND qualified for publishing legal notices and MATTER AEENACTIN OF REPEALINGT, WITH AMENDMENTS, CHAPTER 14 advertisements within the meaning of the HEALTH ANIMALS,OF THE WELD COUNTY CODE CODE laws of the State of Colorado. That the EFFECTIVE DATE:November 26, annexed legal notice or advertisement was 2007 published in the regular and entire issue of BOARD OF COUNTY COMMISSIONERS every number of said weekly newspaper for WELD COUNTY,COLORADO the period of 1 consecutive insertion(s); and DATED:November 16,2007 PUBLISHED:November 21, that the first publication of said notice was in 2007,in the Fort Lupton Press the issue of newspaper, dated 21st day of November, 2007, and the last on the 21st day of November, 2007. t. Publisher. Subscribed and sworn b O LOP 16th day of November, 2007. 0 NpTARY / �(�-� S. O j PUBIA�Q ' I'Ex•A Notary Public. CASE NO.401951 key 48093 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2007-9 was introduced on first reading on October 1, 2007, and a public hearing and second reading was held on October 22, 2007, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631,on November 14, 2007. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2007-9 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE DATE OF NEXT READING: November 14, 2007, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 26, 2007 PUBLISHED: October 31, 2007, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE #2007-9 ON SECOND READING Amend the following definition in Sec. 14-4-10 to read as follows: Animal control officer means any person empowered by Weld County to enforce the provisions of this Article, as more specifically set forth in Section 14-4-110, below. Delete Sec. 14-4-20.E and reletter subsequent paragraphs. Amend Sec. 14-4-20.G.2 to read as follows: 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 premises. Amend Sec. 14-4-20.G.4 to read as follows: 4. It shall be an affirmative defense to an alleged violation of Section 14-4-20.C if the dog has been intentionally provoked by a person who is not the owner of the dog. Amend Sec. 14-4-40.A to read as follows: 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 is accused of any other violations set forth in Section 14-4-20, subparagraphs A, B, D, or E. Delete Sec. 14-4-40.C Amend Sec. 14-4-80.A to read as follows: 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. Amend Sec. 14-4-90 to read as follows: 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 involving bodily injury to any person, shall have the option of paying the below-specified penalty 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, 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. The penalty assessment which may be accepted and paid by the violator under the privileges of this Section shall be as follows: 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 Amend Sec. 14-4-100.A.2 to read as follows: 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. Amend Sec. 14-4-100.6 to read as follows: 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.A to read as follows: A. The Sheriff, undersheriff or any deputy sheriff, and any officer, agent or employee of the Humane Society of Weld County, if the Humane Society is under contract with the County, shall have the authority to enforce the provisions of this Article and within the meaning of Section 30-15-102(3), C.R.S., shall be considered County dog control officers. PROOF OF PUBLICATION NOTICEOF SECOND the premises of the owner, READING OF ORDINANCE whether or not he or she is FORT LUPTONaccused of any coon violations 2set 0. Pursuant to the Weld County forth in Section 1474720, STATE OF COLORADO Numb Rule Charter, Ordinance subparagraphs A,B,D,or E. Numbreadinger on was ibex 1, ed20 on arst apub on October 1, 2007, Delete Sec.14-4-40.C UNTY OF WELD SS. and a public hearing and second reading was held on October 22, Amend Sec.14-4A0.A to read 2007, with changes being made as follows: as listed below. A public hearing A. Any violation of Section and third reading is scheduled to 140-20, paragraphs A through E be held in the Chambers of the of this Article, which does not Board, First Floor Hearing Room, involve bodily injury to any person I, Karen Lambert, do solemnly swear that I 915 10th Street, Greeley, or any animal, shall be a Class 2 Colorado 80631,on November 14, Petty Offense, as defined by am the Publisher of the Fort Lupton Press; 2007. All persons in any manner Section 18-1-107, C.R.S. interested in the next reading of Violations of each subsection shall that the same is a weekly newspaper printed said Ordinance are requested to be considered separate offenses, attend and may be heard. Please each of which is subject to a and published in the County of Weld, State contact the Clerk to the Board's separate penalty.Upon conviction Office at phone (970) 336-7215, of a violation of Section 14-4-20 of of Colorado, and has a general circulation Extension 4225, or fax (970) this Article, and not involving 352?0242, prior to the day of the bodily injury,the offender shall be therein; that said newspaper has been hearing if, as a result of a punished according to the disability, you require reasonable following schedule: published continuously and uninterruptedly accommodations in order to participate in this hearing. Any First Conviction:$50.00 fine; in said county of Weld for a period of more backup material, exhibits or information previously submitted Second Conviction:$130.00 fine;fifty-two consecutive weeks prior to the to the Board of County Commissioners concerning this Third Conviction:$250.00 fine; first publication of the annexed legal notice matter may be examined in the office of the Clerk to the Board of and Fourth or More Convictions: or advertisement; that said newspaper has County Commissioners,located in $300.00 fine and/or imprisonment the Weld County Centennial in the County Jail for not more been admitted to the United States mails as Center, 915 10th Street, Third than90days. Floor,Greeley,Colorado,between second-class matter under the provisions of the hours of 8:00 a.m. and 5:00 Amend Sec. 14-4-90 to read as p.m., Monday thru Friday, or may follows: the act of March 3, 1879, or any be accessed through the Weld Notwithstanding the provisions of County Web Page Section 14-4-80 hereof, any amendments thereof, and that said (w.nv.co.weld.co.us). E-Mail person charged with one (1) or messages sent to an individual more of the violations of newspaper is a weekly newspaper duly Commissioner may not be Subsections A, B, and D of included in the case file. To Section 14-4-20 of this Article,and qualified for publishing legal notices and ensure inclusion of your E-Mail not involving bodily injury to any correspondence into the case file, person, shall have the option of advertisements within the meaning of the please send a copy to paying the below-specified penalty egesickQaco.weld.co.us. assessments therefor to Weld laws of the State of Colorado.That the County in lieu of further ORDINANCE NO.2007-9 proceedings or defense of such annexed legal notice or advertisement was violations in court,or of appearing ORDINANCE TITLE : IN THE in court to defend such charge. If blished in the regular and entire issue of MATTER OF REPEALING AND such person elects to appear in REENACTING, WITH court, he or she shall be very number of said weekly newspaper for AMENDMENTS, CHAPTER 14 proceeded against as otherwise HEALTH AND ANIMALS,OF THE provided by law for the violations the period of 1 consecutive insertion(s); and WELD COUNTY CODE charged and shall be subject to the penalties provided in Section that the first publication of said notice was in DATE OF NEXT READING : 14?4?80, hereof if convicted of November 14,2007,at 9:00 a.m. such charge.In the event a person the issue of newspaper, dated 31st day of elects to pay the prescribed BOARD OF COUNTY penalty assessment as permitted October, 2007, and the last on the 31st day COMMISSIONERS herein, such payment shall WELD COUNTY,COLORADO constitute an acknowledgment of of October, 2007. guilt by such person of the offense DATED:October 26,2007 charged and shall be deemed a PUBLISHED:October 31,2007, complete satisfaction for such in the Fort Lupton Press violation.The penalty assessment which may be accepted and paid CHANGES MADE TO CODE by the violator under the privileges ORDINANCE#2007-9 ON of this Section shall be as follows: SECOND READING First Offense: $35.00; Second Amend the following definition Offense Within A Thirty-Six (36) In Sec. 1474710 to read as Month Period Following the First follows: Offense:$100.00; Animal control officer means any person empowered by Weld Third Offense Within A Thirty-Six County to enforce the provisions (36) Month Period Following the of this Article,as more specifically First Offense:$200.00; set forth in Section 14-4-110, below. Fourth Offense Within A Thirty-Six (36) Month Period Following the Delete Sec. 14-4-20.E and First Offense:$250.00;and f-� reletter subsequent paragraphs. _ p Five or More Offenses Within A /-'� /Cl'�. _\JTi Amend Sec.14-4-20.G.2 to read Thirty-Six wi (36) Month Periode: �-�.�CO.�"l may 2s t shall ow b: Following the t shall no: 2.It be an alleged violation ioe Penalty assessment violator o not SeSection 14to 4 allegged of prose e the re prprovisions of V\LOP acting i 1 defense if a dog is prosecuted under the d/or 14-4- 0 Publisher. Subscribed and sworn b V owner's family, eohef the owner's the Sections 14?4?20 cle,upon and/or 14�E0 Q owner's family,or the of this Article, the issuance 26th day of October, 2007. 4b�pTARY premises. of a summons to appear I -40.-0-°— ^ � Amend Sec.14-4-20.G.4 to read Amend Sec.14-4.100.A.2 to "�j'\/ V as follows: read as follows: • ti) 1�r, .,r 0 4. It shall be an affirmative 2. The owner's dog is a vicious ()—) ! 9 PUMP QQ 4` defense to an alleged violation of dog, and there is a violation of (\ I Z j� Section 14-4-20.C if the dog has Subsection E of Section 14-4-20 \\I � L �..V ems Q' o +L been intentionally provoked by a of this Article. �-- ..' Op CQ'`-�y� person who is not the owner of the t, .70 X1A'a dog. Amend Sec.14-4-100.8 to read as follows: Notary Public. Amend Sec.14-4.40.A to read B. Any person convicted of a as follows: Class 2 Misdemeanor under this A. Upon the execution of a Section shall be fined not less contract between Weld County than re*, .fi doypg62 and the Humans Striate of Weld (t9 d not mnrn tF33 months. Amend Sec.14-4-110.A to read as follows: A.The Sheriff.undersheriff or any deputy sheriff, and any officer, agent or employee of the Humane • Society of Weld County, if the Humane Society is under contract with the County, shall have the authority to enforce the provisions of this Article and within the meaning of Section 30?157102(3), C.R.S., shall be considered County dog control officers. • • CASE NO.401951 key 47562 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 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 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 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. Failure to control. 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. 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. Humane Society of Weld County. The 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 Humane Society,for impounding dogs whose owners are in violation of this Article. 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 is accused of any other violations set forth in Section 14-4-20, subparagraphs A, B, D, E, or F. 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. 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. 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 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 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 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 F 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: $450.00 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 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. 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. 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 of this Article, and not involving bodily injury to any person, shall have the option of paying the below-specified penalty 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, 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. The penalty assessment which may be accepted and paid by the violator under the privileges of this Section shall be as follows: First Offense: $35.00; Second Offense Within A Thirty-Six (36) Month Period: $100.00; Third Offense Within A Thirty-Six (36) Month Period: $200.00; Fourth Offense Within A Thirty-Six (36) Month Period: $250.00; and Five or More Offenses Within A Thirty-Six (36) Month Period: Penalty acsacsment 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 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 Humane Society of Weld County, if the 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. 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. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2007-9 published above, was introduced and, on motion duly made and seconded, approved upon first reading on October 1, 2007. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room,915 10th Street, Greeley, Colorado 80631,on October 22, 2007. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: October 22, 2007, at 9:00 a.m. THIRD READING: November 14, 2007, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 5, 2007 PUBLISHED: October 10, 2007, in the Fort Lupton Press WELD COUNTY CODE ORDINANCE 2007-9 IN THE MATTER OF REPEAL- ING AND REENACTING,WITH PROOF OF PUBLICATION AMENDMENTS,CHAPTER 14 HEALTH AND ANIMALS,OF THE BRIGHTON STANDARD BLADE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD STATE OF COLORADO OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COUNTY OF WELD SS. STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,pursuant I, Karen Lambert, do solemnly swear that I am the to Colorado statute and the Weld County Home Rule Charter,is Publisher of the Fort Lupton Press; that the same vested with the authority of admin- istering the affairs of Weld County, is a weekly newspaper printed and published in the Colorado,and County of Weld, State of Colorado, and has a WHEREAS,the Board of County Commissioners,on December 28, general circulation therein; that said newspaper 2000,adopted Weld County Code Ordinance 2000-1,enacting a has been published continuously and comprehensive Code for the County of Weld,including the codification of uninterruptedly in said county of Weld for a period all previously adopted ordinances of a general and permanent nature of more than fifty-two consecutive weeks prior to enacted on or before said date of the first publication of the annexed legal notice or adoption,and WHEREAS,the Weld County Code advertisement; that said newspaper has been is in need of revision and clarifica- tion with regard to procedures, admitted to the United States mails as second- terms,and requirements therein. class matter under the provisions of the act of NOW,THEREFORE,BE IT OR- March 3, 1879, or any amendments thereof, and DAINED by the Board of CountyCommissioners of the County I of Weld,State of Colorado,that that said newspaper is a weekly newspaper duly certain existing Chapters of the qualified for publishing legal notices and Weld County Code be,and herebyare,repealed and re-enacted, advertisements within the meaning of the laws of with amendments,and the various Chapters are revised to read as the State of Colorado. That the annexed legal follows. 14 notice or advertisement was published in the Heal h PiERnd Animals regular and entire issue of every number of said Amend Sec.14-4-10.Definitions. weekly newspaper for the period of ONE As used in this Article,the following consecutive insertion(s); and that the first words have the following meanings: Animal control officer means any publication of said notice was in the issue of person empowered byWeld County newspaper, dated 10TH day of OCTOBER, 2007, to enforce the provisions of this Article,as more specifically set forth and the last on the 10TH day of OCTOBER, 2007. in Sec.14-4-110,below. Attack means violent or aggres- sive physical contact with a person or domestic animal,or violent or aggressive behavior that confines the movement or a person.includ- ing but not rsond to cornering or n�rf'� �lV� circling a person. W�s�' Bodily injury means any injury in- flicted on a person,other pet animal • rr'ivestock,which is caused Cry a dog bite or other form of aggressive Publisher, Subscribed and sworn before me, this <rehaviorofa dog,including ches- ng,cornering or circling,whereby. 10TH day of, OCTOBER, 2007. ne vi tim's skin is broken,or me etim experiences external or F. v re internal bleeding or broken kW tii -Cl e..orrequires medical treat- anent by a licensed medical care _rovider or veterinarian for an injury. ? +,`1-0P Control means physical restraint of �A\\\ a dog by use of a leash or similar 42) h tether,of no more than twenty-five `V �t�TARY (25)feet in length,by the use of a containing device, a by means confinementa s ch within a y enclosed rno f area such as a yard or dog run from N� PUMA(' CI ti which ae dog cannot escape.Control 5. 9 ry f� also means being in compliance ,-� {L? belowhe terms of Section 14-4-20, Op COL c7 County means the unincorporated portion of Weld County,and ex- Notary Public. cludes those areas which are within the city limits of any incorporated municipality within the County. E.An owner shall be deemed tcfe5 Repeal and'aeernc:'� ---- A.Any violation of Section 14-4-20, to control a dog if the owner of tF nBs err„ A.Any• paragraphs A through F of Dog means any animal of the canis dog allows,suffers,pe`mn: o sr - fbcb tide,which does not involve bodily familiads species,or any hybrid tons the dog to bark bow yelp _ ,i t to any person or any animal, y thereof. whine.or make any other loud,f a '. shall be a Class 2 Petty Offense,as tosi disturb t,and/or habitualn noise so . I defined by Section 18-1-107,C.R.S. Guard Dog means any dog which or int rfe the peace lee o. tie r, owl�� t ce ,,. �t°9 I Violations of each subsection shall has been trained to protect and/or or Interfere with tl e sleep f of r r n - : 'n' -I be considered separate offenses, defend properties or persons,and who are not the owners of the dr :. it ice r-as n - ', per each of which is subject to a is kept for the purpose of deterring e dog s r n p1'>i I rate penalty Upon conviction of a sepa- persons who are not authorized to owner shall be deemed to•4J Cog owene'sr I rep ea,c nave violation of Section 14-4-20 of this by the dog's owner from entering to control a dog if the dog is a vi received ndipo r of it an„n mm Article,and not involving bodily in- either the premises used solely for cious dog as defined in this Artie+ Control Officer contacts him or jury,the offender shall be punished commercial or agricultural purposes and is not in the physical centre: -f her by telephone or in person =-r , according to the following schedule: or any constructione site,including of the owner. if the Officer pests a notice on the construction ann area used for the storage of - - --------- - owner's premises. First Conviction-5450.00 fine; materials. -— Second Conviction$130.00 fine'.. G Affirmative defenses: B Any owner or custodian of a dog Third Conviction:5250 00 fine,and Impound a means to physicallyboarding con- ' Fourth or More Convictions:S300.00 I• fine facility dog at a rliec iondnanima; 1. It shall who does not claim or redeem a fine option Imprisonment in the control at the direction of an animal bean affirmative defense to an4 dog which has been im ounded County Jail for not more than 90 officer. alleged violation er Section 20 within five(5)days from the time B,if a dog is under the direction and of an impoundment shall forfeit all Leash means a thong,cord,rope, supervision of the owner or person right.title and interest in said dog B Fcr chain or similar device which is having custody of the dog,and the a en impounded grid which has been I been ,,,�e „an; pnnlF`r Ie capable of restraining a dog. dog is actually working livestock, ( )days goof 1 r f fonr,v 1 previous con- Owner redeemed within five 5 of locating and retrieving wild game in such impoundment may be put up t u -r alt he olished.vnen Owner means rso ,or tpartnhe par season for a licensed hunter during r ct.fng et-Briley submits corporation,person,or the parent, daylight hours,or if a dog is assist- for adoption at once In accordance '_ ie or.� :he cats= numbers and guardian or custodian of a child un- log law enforcement officers,or If a with the normal procedure of the r:efes of sale ore`r'ocs convictions, der sixteen(16)years of age,who I dog is being trained for any of the sr to r a re cf an acknowledge- his• any dog,or has the same in foregoing pursuits. I impounding facility. net l ac it by the payment of a • who her care,custody or the control: It shall be Density a pepsine,t m those cases. to causes suffers premises same for2. D. Any dog which The eprosecuting attorney shall not to remain on his or her an affirmative defense to an alleged has not been redeemed within fime be required co peed or prove any a period of three(3)days or more. violation of Sections 144-20 C and (5)days of the time of impoundment reqi convictions at trial. The may be humanely euthanized under previous• E,if a dog is acting in defense of y record of a previous acknowledg- animaet l oat owned means and includes ar any the owner,the owner's family or the the direction of the director of the meet of guilt entered pursuant to • animal or kept r t person owner's premises. impounding facility,and removed, I the terms of Section 14-4-90 shall Ifor companionship leoradoption to others esifn or It shall be buried or cremated. be considered a conviction for the for sale for 3. purpose of determining prior convic- such purposes. an affirmative defense to an alleged Any bo P in sentencing. I violation of Section 14420 C,if the dog which in the opinion of a veteri- o nod,rented,means leased,real property ' dog is a guard dog as defined in I narlan is experiencing extreme pain Amend Sec.14-4-90.Penalty as- owned, used,kept (his Article and the dog is acting to or suffering during the initial five(5) sessment and schedule. as- or occupied by a person,partner- protect the premises of the owner, day period of impoundment may ship or corporation, as long as the sign age required be humanely euthanized under Notwithstanding the provisions of under paragraph D above is posted. the direction of the director of the Section 14-4-80 hereof,any person Running-at-large means eer off the impounding facility,and removed, charged with one(1)or more of premises of the owner and not un- 4.It shall be an affirmative defense buried or cremated.Prior to eutha- the violations of Subsections A,B, der the immediate physical control 1 -an4 alleged violation f of dog has nizing the dog,reasonable efforts D.and E of Section 14-4-20 of this of the owner. been C and intentionally if rov has must be made to contact the dog's Article,and not involving bodily l Vicious dog means a dog that: peen woinot the owner ne ofy a owners for a period of twenty-four seal, person 1 who is not the the hours after impoundment.However, a mtes or attacks dog. I if,in the opinion of the director of First Offense: $35.00; a person mlwithout or domestic animal or pet the impoundment facility,the dog Second Offense Within AThirty-Six animal npry person sn in or t of Weld County.ou. Humane is suffering extreme pain and suf- (36)Month Period: $100.00; 2)approaches ppeaent any tac an Society of fering and it would be inhumane to Third Offense Within A Thirty-Six ap c or terro i of attack and/or in postpone euthanizing the dog,the (36)Month Period: $200.00; a hs vicious been terrorizing b icio or The tymane Society e the responsibility,Weld dog may be euthanized before the , Fourth Offense Within A Thirty-Six dog b count no ny a vioin. uounty is Al hoe, iaccor- expiration of twenty-four(24)hours. I (36)Month Period: $250.00;and dog by any court in any action. under this Article,and in h Five or More Offenses Within danceentered wd i t etw en which shall F. If an Animal Control I A Thirty-Six(36)Month Period: Repeal and f : Sec 14-4-20 be f untyCommissioners into onn the Board Officer has reasonable grounds I Penalty assessment shall not to read as follows: County n and themne of ieyl, to believe that a dog has bitten a apply and the violator shall be f the Humane Society, Person or another animal and may I prosecuted under the provisions of Sec.144-20. Failure to control. for impounding ln dogs whose owners e rabid,the Officer may direct the Sections 144-20 and/or 144-60 of are in violation of this Article. impoundment facility to hold the this Article,upon the issuance of a It person is unlawful for the owner or any dog for as long as the officer deems summons to appear having custody of any dog I Amend Sec.14-4-40.Impoundment reasonably necessary,even if the I to fail to control nty,except p dog portions of dogs. dog is claimed by the owner. Repeal and Reenact Sec,14-4-100 WeldCouy which arthe pntcof I to read as follows: the sof an are incorporated within i city A.Upon the Weld County onn of a contract I G. Any person adopting an limits of any municipal- between Weld and the I unclaimed dog pursuant to this Sec- I Sec.14-4-100.Class 2 misde-itor within the person having An owner Humane thei duty u of Weld CouHumane nty, I Lion shall provide proof of sterilize- I meanors. of other shall e custody to it octet to the of the sfoundtion to the impounding facility within of a dog shall n deemed not I Societya impound o any dogs premises I thirty(30)days of adoption of adult ' A.A dog owner commits a Class 2 control a dog under the following I the owner, a or off the he dos of more than six(6)months I Misdemeanor if: I crtcumstances: I of the owner,whether of or not viola-or of a e,or at nine(9)months of she is accused of any other 9 age if the dog is adopted before ,.The owner's dog commits viola- foura A y dogs having are o er six subparagraphs set forth in SectionE,orF.14-4-20, that age.The time requirements of I tion of Subsections C,of Section months(4) which over (6) subparagraphs A,B,D, or F. this sterilization requirement shall 14-4-20 of this Article. idpof remises age on consist premises, , be suspended upon receipt by the 2. The owner's dog is a if acres s premises coon t ofthan ten eight(8) B. I impounding facility of a letter from ' vicious dog,and there is a violation gsor less,or more fsix Ifor any dog is premises ofte running-at-large r I a licensed veterinarian stating that of Subsection G of Section 14-4-20 dogs which are over the age consist off the of the owner or sterilization is not recommended. , of this Article.(6 more if premisesanytim , keeper in violation mof this Article,or Amend Sec.144-70.Nonliability. B. Any person convicted of of mobe than ten acres,at time, when any such animal is followed a Class 2 Misdemeanor under this said o deemed to fail to control back to the premises,it may and/orbe The Sheriff,the Board of County a Class shall be fined not less than said dogs. ne up and impounded may the owner or keeper of the dog mhobe ( Commissioners,their assistants two hundred and fifty dollars($250), B. An owner shall dog fined as who hoihav the uth.Those and employees,the Weld County and not more than one thousand deemed found t fail no control a if the enforce have Ins of this to Humane Society and staff thereof, dollars($1000)and/or imprisoned and any person enforcing the in the county jail for not more than dog is running-at-large within ' enforce the provisions of this Article 'n thield Couc as the term is defined may to pursue any at-large ho dog across provisions of this Article shall not be nine(9)months. �n this Article. private property without liability for eld responsible for any accident or trespass, subsequent disease that may occur Amend Sec.144-110.County dog '0 co owner dog it be deemed toof fail any dogj in connection with the administra- control officers. `.o control ra if the dog inflicts C.If found i to be barking, ' lion of this Article. A The bodily a injury to person eii animal, howling,otheryelpingrid persistent or making undersheriff or any deputy to another or livestock). belonging ' whenthe owner n and off thetpremises, agent or g g any ' Amend Sec.14-4-80.Violations and Sheriff, to ep property rov f anothe or the is and the premises, I penalties. sheriff,and any officer, .cesVoys the of another. it may be taken impounded erofthe employee of the Humane Society of • and/or they owner or keeper i Weld County if the Humane Society ?mownar shall he deemed ed to fail hereafter may be fined no ne mayd is under contract with the County, o post strat least as if e son at t fet ente tier.Holing oof one may shall have the authority to enforce ro f one sign upon ne ic of enter the dwelling person other building the provisions of this Article and a anee of any premises which '- the y the orresides in whose within the meaning of 30-15-102(3), guard dog is kept custody dog rite do at the time C.R.S.,shall be considered County order to react the dog.unless the dog control officers. dog is beueved to co�.,.lairyer- L. Remainder of Section-No change. one or more sections,subsections, paragraphs,sentences,clauses, Add Sec. 14-4-120. Disposition of or phrases might be declared to be fines and penalties. unconstitutional or invalid. All fines and penalties paid for viola- lions of this Article,including convic- • lions shall be paid into the Weld County Treasury. N OTICE BE IT FURTHER ORDAINED by PURSUANT to the Weld County the Board that the Clerk to the Home Rule Charter,Ordinance Board be.and hereby is directed Number 2007-9 published above, to arrange for Colorado Cone was introduced and,on motion duly ?cblish'ng to supplement Ihe'.geid made and seconded,approved 'Thunt',Code with the amend- upon first reading on October 1, Hants con tamed herein.to coincide 2007. A public hearing and second crth chapters,articles division, reading is scheduled to be held in sections hod sub sections as they the Cnanfueis of'Lx 9..car4.,Firli currently exist within said Code. Floor Hearing Room,915 10th and to resolve any inconsistencies Street,Greeley,Colorado 80631, regarding capitalization,gram- on October 22,2007. All persons in mar.ano numbering or placement any manner interested in the read- of chapters.articles.divisions, ing of said Ordinance are requested sections,and sub-sections in said to attend and may be heard. Code. Please contact the Clerk to the BE IT FURTHER ORDAINED by Board's office at phone(970) the Board if any section,subset- 336-7215,Extension 4225,or fax ' tion,paragraph,sentence.clause, (970)352-0242,prior to the day or phrase of this Ordinance is for of the hearing if,as the result of a any reason held or decided to be disability,you require reasonable unconstitutional,such decision shall accommodations in order to partici- not affect the validity of the remain- pate in this hearing. ing portions hereof. The Board of County Commissioners hereby Any backup material,exhibits or declares that it would have enacted information previously submitted to this Ordinance in each and every the Board of County Commission- section.subsection,paragraph, ers concerning this matter may be sentence,clause,and phrase there- examined in the office of the Clerk of irrespective of the fact that any to the Board of County Commis- sioners,located in the Weld County u to any person,shall have the Centennial Center,Third Floor,915 injury N 10th Street,Greeley,Colorado, option of paying the below-specified between the hours of 8:00 a.m.and penalty assessments therefor 5:00 p.m.,Monday thru Friday,or to Weld County in lieu of further may be accessed through the Weld proceedings or defense of such vio- County Web Page(www.co.weld. lations in court,or of appearing in co.us). E-Mail messages sent to court to defend such charge.If such an individual Commissioner may person elects to appear in court,he not be included in the case file. To or she shall be proceeded against ensure inclusion of your E-Mail as otherwise provided by law for correspondence into the case file, the violations charged and shall be please send a copy to egesick@ subject to the penalties provided in co.weld.co.us. Section 14-4-80,hereof if convicted of such charge.In the event a SECOND READING:October 22, person elects to pay the prescribed 2007,at 9:00 a.m. penalty assessment as permitted THIRD READING:November 14, herein,such payment shall consti- 2007,at 9:00 a.m. Lute an acknowledgment of guilt by ' such person of the offense charged BOARD OF COUNTY COMMIS- and shall be deemed a complete SIONERS satisfaction for such violation.The WELD COUNTY,COLORADO penalty assessment which may be accepted and paid by the violator DATED:October 5,2007 under the privileges of this Section PUBLISHED:October 10,2007,in . - .)44 fnllnwc' the Fort Lupton Press Hello