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HomeMy WebLinkAbout810381.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1863261 131%o BOOK 941 OX, .ycCEPTION DA TIME 2i/ MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colorado oy (0 -I ORDINANCE NO. 88 IN THE MATTER OF REGULATING THE RUNNING AT-LARGE OF DOGS , PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION THEREOF, AND PRO- VIDING FOR FINES AND PENALTIES FOR VIOLATIONS 0 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 0 WHEREAS , the Board of County Commissioners of Weld County, 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 , it has been brought to the attention of the Board of County Commissioners of Weld County, that a serious problem exists in Weld County pertaining to the running at-large of numerous dogs , and WHEREAS , the Board has authority under the provisions of Section 30-15-101 , et seq. , CRS 1973 , as amended, to pass a dog restraint ordinance as hereinafter set forth, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that an urgent need exists for the following ordinance to be Passed for the health, safety and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Com- missioners of Weld County, Colorado that the Resolution entitled "Regulating the Running At-Large of Dogs , Providing for Seizure, Impounding, and Other Disposition Thereof" and dated March 7, 1979 is hereby rescinded and in its place , this Ordinance is enacted: SECTION 1 . RUNNING AT-LARGE It shall be unlawful for the owner or any other person having custody of any dog to allow, suffer, permit or sanction the run- ning at-large of said dog without the accompaniment of said owner or person having custody of the dog within the County of Weld, except said portions of said County which are within the city limits of any incorporated municipality within said County. I:LD S;IERIL F— .""1 e•l Si: uJ 810381 BOOK 941 RECEPTION 186°461 6 -z- As used herein, the following words have the following meanings: a. "Running At-Large" - off the premises of the owner and not under control of the owner. b. "Owner" - any person, partnership, or corporation owning any dog ( s) , or having the same in his , her, or its care, custody or control; or who shall cause, encourage, or suffer the same to remain on their premises for a period of three days or more. c. "Premises" - real property owned, rented, leased, used, kept, or occupied by a person or persons, a partnership, a corporation or governmental unit howsoever described. d. "Control" - physicial restraint by use of leash , or a containing device . e. "Leash" - a thong, cord, rope, chain or similar device which is capable of holding a dog(s) within. f. "Containing device" - a pen, cage, motor vehicle, or similar device which is capable of holding a dog (s) within. g. "Daylight hours" - 1 hour before sunrise until 1/2 hour after sunset. h. "Livestock" - any bovine animal , horse, mule, ass, sheep, goat, fowl or swine. A. A dog(s) 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. B . It shall be deemed that a dog (s) is not under the control of its owner when the dog( s) inflicts damage or injury to the person or property of another or by harassing, chasing, or attacking people , livestock, (or worrying livestock as defined in Section 35-43-126 , CRS 1973) , or wildlife, except in the defense of the owner, his family, or property. -2- 941 15 )261 BOOK RECEPTION (o -3 C. Control as defined shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter during daylight hours , or assisting enforcement officers , or while actually being trained for any of these pursuits . SECTION 2 . HUMANE SOCIETY The Weld County Humane Society shall have the responsibility , under this Ordinance, and in accordance with a contract which shall be entered into between the Board of County Commissioners and the Humane Society, for picking up dogs running at-large and impounding them. SECTION 3 . IMPOUNDMENT Upon the execution of a contract between Weld County and the Weld County Humane Society , it shall be the duty of the Weld County Humane Society to seize and impound any and all dogs found running at-large without accompaniment of owner or any other person having control of the dog within any part of Weld County , Colorado, except within the city limits of any incorporated municipality in said County. SECTION 4 . CHARGES FOR IMPOUNDMENT When any dog has been picked up for impoundment, notice of such impoundment shall be given to the owner , if known, who may thereupon recover possession of such dog on payment of the cost of impoundment. The basic cost of impoundment shall be Ten Dol- lars ($10 . 00) for the first three days or portion thereof during which a dog is impounded and an additional Four Dollars ($4 . 00) for each day thereafter. However, if the same owner , or members of his immediate family, has redeemed the same dog from the desig- nated impounding facility within the preceding twelve (12) months, the redemption fee shall be Twenty Dollars ($20 . 00) . No owner may recover possession of such dog until payment of the cost of impoundment is made. -3- 941 186 :61 BOOK-......... RECEPTION co-4 SECTION 5 . ADOPTION AND DESTRUCTION Any dog which shall have not been redeemed within seventy- two (72) hours from the time of such impoundment, may at once be put up for adoption 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 seventy- two (72) hour impounding period shall forfeit all right, title, and interest in said dog. Any dog which has not been redeemed or adopted as herein provided, may be humanely destroyed under the direction of the director of the impounding facility and removed and buried or cremated, provided that no dog shall be put up for adoption or destroyed until the owner has been notified either orally or in writing, if the whereabouts of such owner is known or can be ascertained from a license tag or other identifi- cation found on the dog. SECTION 6 . NONLIABILITY The Weld County 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 Ordinance shall not be held responsible for any accident or subsequent disease that may occur in connection with the administration of this Ordinance. SECTION 7 . VIOLATIONS AND PENALTIES Any violation of this Ordinance not involving bodily injury to any person, shall be a Class II petty offense punishable by a fine of not more than $300 . 00 or imprisonment in the County jail for not more than ninety (90) days or both such fine and impri- sonment for each separate offense. SECTION 8 . COUNTY DOG CONTROL OFFICERS The Sheriff, Undersheriff , or any deputy sheriff , or any officer, agent or employee of the Humane Society of Weld County, if such Society is under contract with Weld County, shall have the authority to enforce the provisions of this Ordinance and -4- 1863 ;i BOOKS41 !±. RECEPTION within the meaning of Section 30-15-102 (3) , CRS 1973 , as amended, shall be considered county dog control officers. Whenever a county dog control officer has personal knowledge of any violation of this Ordinance, he may issue a citation or summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. SECTION 9 . PENALTY ASSESSMENT AND SCHEDULE Notwithstanding the provisions of Section 7 hereof , the per- son charged with one or more of the violations of this Ordinance shall have the option of paying the below specified penalty assess- ments therefor to the Weld County Treasurer in lieu of further proceedings or defense of such violation in Court, or of appearing in Court to defend such charge. If such person elects to appear in Court, he shall be proceeded against as otherwise provided by law for the violations charged and shall be subject to the penalties provided in Section 7 hereof if found guilty of such charge. In the event a person elects to pay the prescribed penalty assessment as permitted herein, such payment shall con- stitute an acknowledgment of guilt by such person of the offense charged and. shall be deemed a complete satisfaction for such violation and upon accepting the prescribed penalty assessment, the Weld County Treasurer shall issue a receipt to the violator acknowledging payment thereof . The penalty assessment and the nature of the violation for which the penalty assessment may be accepted and paid by the violator under the privileges of this Section shall be as follows: 1. Dog Running At-Large First Offense - $25 . 00 Second Offense - $50 . 00 Third Offense - $200 . 00 Four or More Offenses - The penalty assessment shall not apply and the violator shall be prosecuted under the provisions of Section 7 upon the issuance of a Summons to Appear. -5- 941 18€ %1 BOOK RECEPTION to - CP SECTION 10 . OFFENSES INVOLVING BODILY INJURY Any offense involving bodily injury to any person by a dog shall be a Class II misdemeanor and any violator shall be punished as provided in Section 18-1-106 , CRS 1973 , for each separate offense as provided below: Minimum Sentence - 3 months imprisonment, or $250 . 00 fine, or both. Maximum Sentence - 12 months imprisonment, or $1000 . 00 fine , or both. SECTION 11 . SAFETY CLAUSE The Board of County Commissioners of Weld County, Colorado hereby finds , determines and declares that this Ordinance is necessary for the health, safety and welfare of the citizens of Weld County, Colorado . The foregoing Ordinance No. 88 was , on motion duly made and seconded, adopted by the following vote on the 13th day of July , /`A.D. , 1981. TY ATTEST: �^^�% 44-ken4ote WELD COUNTY S,NCOLORADOOCOMMISSIONERS Weld County Clerk and Recorder , / _ , a Clerk to the Bo d Ch ck Carlson , Chairman B • W,,,-6, --c,-J u- ABSENT DATE SIGNED Deputy Cou ty Clerk Norman Carlsdn, Pro-Tem APPROVED -AS TO FORM: // ' �__ C. W . Kirby / County At orney T. Martin m 1st READING: June 10, 1981 e K. Steinmark Published: June 18, 1981 2nd Reading: June 29, 1981 Published: July 2, 1981 Final Reading: July 13, 1981 Published: July 16, 1981 -6- owner ny other 'person Any offense involving bed Public Notice - having c 01 of the dog within injury to any person by a a_nv demeak -ORDINANCE NO.8$ Colorado-except Weld hmCthe County, and be ayC violator II shall limits of any incorporated punished as provided in Section IN 'rite MATTER OF REGU- municipality in said County. 18-1.108, CRS 1973, for each LATINI G THE RUNNING AT- separate offense as provided 5 LARGO DOGS PROVID- SECTION 4.CHARGES below: (L(,,t_ INC ' SEIZURE IM• FOR IMPOUNDMENT Minimum Sentence-3 months DPOUrs 6 AND OTHER yimprisonment,or$250.00 fine,or AIDI gWpE�GjYT'i�blI4I THEREOF When anyde met, notice picked ill • AND$ROVIDTIE FOR FINED up for impoundment, be bo • TATTOOS (A[,Ti68 FOR VIO• ive impoundment err shall Maximum Sentence 12 LA'CIIB - hon to the owner, if known, months imprisonment, or who may thereupon recover AFFIDAVIT OF PUBLICATION BE IT OFC ED BY THE possession such dog on $1000.00 ECTI fine, or both. BO 08'00 COMMIS- payment of the cost of impound- SECTION 11.SAFETY CLAUSE SION 0F�t7OUNTY, meet. The basic cost of Im- COL�O: powldment shall be Ten Dollars The Board of County Commis- (310.00) for the first three days stoners of Weld County, Colo. THE JOHNSTOWN BREEZE WHEREAS the Board of or portion thereof during which redo hereby finds, determines pr� oaerS of Wald a 1s Impounds and n anddeclare�Nat this Ordinance STATE OF COLORADO ) do, pursuant to sal onal Four Dollars (NAG) Ie necessary for the health, ) SS Col .datub send the Weld for each day thereafter. Aow- safety and welfare of the Rule Charter, 1s ever, if the same owner, or citizens of Weld County. Colo- �OUNTY OF WELD ) ves with the authority of members of his immediate redo admtgIiaterims the affairs of family,has redeemed the same I, Clyde Briggs, do solemnly swear that I waterway,Dolorade,and dog fom the designated ion- The foregoing Ordinance No. pounding p facility within the 88 was on motion duly made and ion publisher of The Johnstown Breeze; D W Atlro'aitt hastion o beenthe [heceding redemption f e12)shall mn be seconded,adopted by the follow- hat the same is a weekly newspaper =Ivy Comminloners Twenty Dollars ($20.00). No ing vote on the 13th day of July, o[ Gom1t$' that a serious' owner may recover possession A.D., 1931. printed, in whole or in part, and published p iodate hi Weld Couny of such dog until payment of the BOARD OF COUNTY n the County of Weld, State of Colorado, pew to the awning at- coat of impoundment is made. COMMISSIONERS 'targa d nuMeroes dogs, and O SSI COUNTY end has a general circulation therein; that SECTION TRADOPTIONIOAND COLORADO aid newspaper has been published w®R6Aa, the Board tau DESTRUCTION Sauthorityc /maerihe provisions of Chuck Carlson,Chairman ontinuously and uninterruptedly in said Section e7. seq., CRg Any dog which shall have not P Y 1973:a amended,to passe dog been redeemed withinseventy- restraintof Narmn Carlson Pro-Tam ounty of Weld for a period of more than afs oNLlan and as harem• two ion d impoundment, the time tonce ABSENT DATE SIGNED y after set[Oflh such impound adoption in ft -two consecutive weeks prior to the be put up for a the normal or C.W.Kirby rst publication of the annexed legal notice WHEREAS the Board Weldof accordanceceof with director g County hereby finds■ande- procedure the An of the Jon T.Martin -advertisement; that said newspaper has [ermine finds de- impounding facility. Any owner exists[ermines that an urgent need or or f a dog who ogee not June K.Steinmark 'en admitted to the United States mails as mice for the.fonor the ealt, tclaim redeem said dog within pace to be pe welfare o the health, the seventy-twoingapert (hod a ll hour 1m-eit all ATTEST: Mary An `Cord-class matter under the provisions of of Wtyedn County. of the people right, tine, and interest„in said Feuerstein le Act of March 3, 1879, or any dog.Any❑dog which has not been Weld County Clerk and mendments thereof, and that said NOW THEREFORE BE IT redeemed or adopted as herein Recorder and Clerk ORDAINED by the Board of provided, may a humanely to the Board '_WSpapeC is a weekly newspaper duly County Commissiners of Weld destroyed under the direction of County Colorado that the Rego- the director of the impounding ialified for publishing legal notices and lution_e gntitled Regulating the facility and removed and buried By: Jeannette Ordway • Running At-Large of Dogs. org shall be cremated. prout vvided that no Deputy County Clerk dvertisements within the meaning of the in g, and Other Seizure,Impound- on or destroyed until the owner r s has APPROVED AS TO tion FORM: lws of the State of Colorado. Thereof" and dated March 7, been notified either orally or in R. Russell Anson place, at the annexed legal notice or advertise- 1979 is hereby rescinded and in writing, if the whereabouts of its this Ordinance Is such owner is known or canan be County Attorney lent was published in the regular and enacted: or othernidentificationefound tag 1st READING: June 10, 1981 ntire issue of every number of said weekly SECTION 1.RUNNING the dog. Published: June 18, 1981 ewspaper for the period of consecu- AT•LAROE 2nd Reading: June 29, 1981 Iva insertions; and that the first SECTION S.NONLIABILITY Published: July 2, 1981 It shall or any unlawful for the owner or ' other person The Weld County Sheriff, the Final Reading: July13, 1981 ublication of said notice was in the issue f having custody of any ndog and Board of County Commission- allow,suffer,permit or ecuon ers, their assistants em- Published: July 18, 1981 aid newspaper dated //./.A, A.D. 19/4[.I the running at-large of said dog ployees, the Weld County Hu- without the accompaniment of mane Society,and staff thereof, Published in the Johnstown publica .end that the last ublication of said notice said owner or person having and any person enforcing the Breeze las in the issue of said newspaper dated custody of the dog within the provisions of this Ordinance Co Roar Ld gal 811-88-Clerk the to C.amty of Weld, except said shall not be held responsible for , A.D. 19 polo of said County which any accident or subsequent ------- In witness whet I have hg u o set are within the city limits of any disease that may occur in In fed municipality with- connection with the adminlstra- my hand this day of . in aaW Qamty. Lion of this Ordinance. / ' As used herein, the following SECTION 7.VIOLATIONS A.D. 19v words have the following mean- AND PENALTIES Inge: At-Large" Any violation of this Ordin- A. "Running A ge" - off ance not involving bodily injury mises of the owner and to any person,shall be a Class II "" 1•:=Id? 1 of the owner. petty offense punishable by a blishe[ tine f not more than 8300.00 or wne - -pyrpan. imprisonment in the Conte ail fi}Bllret1 ernorpuratfan own for not more than ninety �) / I, s, or is gC the days or both such fine and Subscribed and sworn to before me, a caste'in e, r, or h °are imprisonment for each separate cauuslode,encourage, or suffer the shall offense. Notary Public in and for the Dpunty of same to remain on their SECTION e.COUNTY DOG ro w nds for a period of three CONTROL OFFICERS Welcfstate of Colorado, thisc4cr ... day of days or more. ,;% k' The Sheriff, Undersheriff, or .C£;t- %s . 19..._.,(. c."Promisee•real property an deputy sheriff, or any /owned, rented, lease used ofiicer, genteremite ee of the � �kept,or occupied by a person of HumaneeSociety of Weld County persons,a partnership, a corp- if such Society is nder contractoration or governmental nit with Weld County shall have the howsoever described. authority to enforce the provis- ions of this Ordinance and within ✓ Notary Public. d. "Control" - physimal re- the meaning of Section 30-15- streint by use of leash, or a 102(3), CRS 1973, as amended, containing device. shall be considered county dog 3. "Leash" - a thong, cord, control officers. My commission expires // / rroop�e chain or similar device Whenever a county dog con- wh%eh is capable of holding a trol officer has personal dog(s) wlthtn. knowledge of any violation of tf."Containing device"-a pen, citation ita ore summons he may cissoin cage, motor vehicle, or similar plaint to the violator,stating the device which Is capable of nature of the violation with holding a dog(s) withinn. • sufficient particularity to give notice Day t hours" -'S hour violator.of said charge to the bet:4;D= eu until 1/s hour after sunset. SCGTIONCPI/MALTY h. "Livestock" � any bovine 6 animal,hone,mule,w,sheep, goat, fowl or swine. lens of g standing the h• A.A dogs)shall be deemed to inset-. 7 hereof, for pone a with one or a y at-lthe pre when of oris more of �l have th at this owneran from the der es n its Ordinance _ option owner and not under the control timing yennednto of such owner. aluil mgr Owner to B. It shall be deemed theta lieu procCouneeding' 0 dogelie under the control of defense:of sum cttviolation on in Its owner when the dog(mse) Court o'of in Court person icts damage or r uInjury[for or to del perso _or such appear, or he shall being If oucw,ttch t. by has Mankind peo uvssmsadenned or the em violations iprovided by laab tor wildlife,16.43126, OM MP, or be sub ect to the penalWs the he ow except his fami the ly,seor perty. .,�g In Section h 7 hereof hch In C.Control as defined shall not the m es Ds-perso ted herein e 1pork*PMi,t11°chevdnoogssss whUocatin or payment shall cont nstitute anayn uch person of the on datm�'light�cemeho oars,d orlter during pg wild game In moon sreacc Charon and Ndeemed I "!t tusilpn"_'^'tnt MEI lned for any a.. me WaldC tV'15aaetrer efinn fn. lAa ' lassos a reoNM to'the . SOOTY ¢ . y� The-Weld County Humane which the the for Society shall have the the palit ens -batty.under this nnceonsd may fbe or under t and b the In accordance with a contract sections n,we of . which shall be entered into between me Board,of County . Dog Running At-Large Commissioners and the Humane Society, for picking up doge First Offense, $26.00 running at-large and impound- Second Offense,$60.00 ing them. Third Offense, b200.00 SECTION S.IMPOUNDMENT Four or More Offenees The UDpon the execution of a ty assessment snail ltnot contract between Weld County _ prosecuted upon the tthhe rioWpa be and tit e-Weld County Humane of section sum au the peassuance of Society, dull me duty the Weld County Humane Sod- iety to seize and Impound any SECTION ie.OFFENSES 1 rgall withoa it accompaniment of INVOLVING BODILY INJURY , Public coed g_e(zdIn9 owner or any other person Aiunsyy inn �liwoty • ly PdHeNeer having control of the dog Within kraut Chasertnad�tngee any partof Weld Count , SW afiai+ -violator shai AFFIDAVIT OF PUBLICATION ORMICA`NCC NO IX Col do,except within the d h�p limits of any Iid County. �_' d C S 1078, for each IIN THE 1�tt-o •16 AT- municipality in said County- par6 to o8etise as Provtdad PROVID- SECTION 4.CHARGES below:. THE JOHNSTOWN BREEZE �pOD1 g EOf1+�� IM- FOR IMPOUNDMENT Id,(„(Q,um gantenil��e s m..iir STATE OF COLORADO ) DOUpOB KW_ T EttEHOF, When any dog has been picked imprisonment,ori2o0CO fine,Or ) SS •1ID RO R FINES up for impoundment, notice of both. AND N FOR V1O- such impoundment shall be Maximum Sentence a COUNTY OF WELD ) CATIONS given to the owner, if known. - months imprisonment, or who may thereupon recover I1000•00 Liner or both. I, Clyde Briggs, do solemnly swear that I Egg� iITT� CO THE possession of each dog' on B8IOARD UNTO COUNTY, merit.payment e basiccost of impound-. SECTION II.SAF@TYO8.Atst am publisher of The Johnstown Breeze; 10O COUNTY, merit. The hallo cost of Dollars that the same is a weekly newspaper CO ppoouunndmeot shall be Ten Dodo's Tne.wantfWeld County,co printed, in whole or in part, and published (po.00) for the first tune dace stoners of Weld County. yyE{E gg Ag,JAL Board of orportion thereof during which redo darn tlnds, determine ttyYu tnlap en of Weld a 1s tmreof to aria an aaddrerebsth es, d in the County of Weld, State of Colorado, Count; pursuant to additional Four Dorian (84.00) is necessary for the hu and has a general circulation therein; that Colorado statute and the Weld- for each day thereafter. How- County safety and welfare of vested Haan:Rua authority r is eve:, a the came owner, to citizens of weld County eels• said newspaper has been published vested with the of members of Ms dthesame reds, continuously and uninterruptedly in said Weld County, the affairs of dog y,has redeemed the sortie Cveld colora aria, dog from the designated tie- Tee oongo�oO duly rdinance 0sw County of Weld for a period of more than pounding facility within the seconded,adopted by the tones _ WHEREAS..the it has been preceding twelve fee month e p fifty-two consecutive weeks prior to the brow ht to the Comma io the the my D tarn fee shall,be big vote on -the -- der o8 y HoWd of County( a driers Twenty Orden ($20.00).ss). No —_—_, Asp„ io61. first publication of the annexed legal notice of weld exists that a County owner may recoverof possession HOARD OF CO or advertisement; that said newspaper has problem ex>�a WeroNinCountLv twat such impoundpaymente a ade e CWELD co caretnume do� and I � been admitted to the United States mails as SECTION IS.DESTRUCTION ION AND - second-class matter under the provisions of tyd the Board has the Act of March 3, 1879, or any authority under the provisions of Section b0-18-101 et seq., CRS Any dog which shall have not Chuck Carlson,chafrtttan amendments thereof, and that said 1978,as amended,to pass a dog been redeemed within seventy- restraint roes as herein- two(72)hours from the time of after set forth, and ouch impoundment,may at once Norman Carlson,Pro-Tian newspaper is a weekly newspaper duly be put up for adoption in - WHEREAS the: Hoard of accordance with the normal qualified for publishing legal notices and County n of Weld procedure of the director of theCount C.W.XIS advertisements within the meaning of the Impounding facility. An owner termiinyfu that ran��uuttggeentdn a or keeper cif a dog who does not laws of the State of Colorado. exfeta for the,Ldbwing ordkt- claim or redeem said dog within Jobn T.Hestia ante tone passed tot the health, the seventy-two ( hour im- That the annexed legal notice or advertise- of Weld td welfare of the people Poundingright, in Period shall interest forfeit all ment was published in the regular and o[ Coilnfy, • dog.Any dog which has not been June R.meths* entire issue of every number of id weekly NO "THBIRIDF a BE IT provided,ea or be a as herein ATTEST: CountyORD D the. Board of. may be humanely newspaper for the period of ... .. consecu- of Weld destroyed under the direction of Weld Coon Clerk County, that the Rego- the director of the impoundin and Recorder and five insertions; and that the first lotion tad "Regulating the faculty and removed and burled Clerk to the Board Rune n AA7 ui f Do s, or cremated, provided that no publication of said notice w sin the issue f tot 1 Impound dog shall be put u for adoption Hr• said newspaper dated .7. +2.., A.D. 19 1ng�i Otkee/lsppositton or aesttoYea unmpthe owner nee, �paty meaty Clerk Thereof and dated March 7, been nottfled either orally or in AP fig'Co D AS TO 'OEM: and that the last publication of said notice 1972 a fieretri rescinded and in writing, if the whereabouts ofwas in the issue of said newspaper dated its acs, this rdinance is such owner is known or can be • tar ascertained from a license tag , A.D. 19 enacor other identification found on county Attorney SF.CrioN 1.RUNNING the dog. 1st READrxa.• June 10 19u.: In witness whereof I have h ,e hereunto set AT•LAROE SECTION e.NONLIABILITY ✓ + It stall be unlawful for the Published: June 18, 1081 my hand�tthis day of . .. Kit READING: June 29, 1081 A.D. 19..Y.. owner or any other person The- Weld County mm the Published: July 2, 1981 / having custody of any (lotto Board of County Cs and e n snow,suffer.permit�sanction en, their assistants and em pobltehed in the Jonestown tea naiMtlntee a elgge ?Altai ployeea, tn@ Weideaunty ot. wnw said o geop priori r of mane Society,and f thereof, tra Legal 811-78-Clerk to Board Bald owner or penon having and any Penn' enforcing the 611:7/, custody.of the dog witain the provlalons of this oralnance� , Publisher County of Weld, except said shall not be held responsible for • portiooIlqaa��o�f said County which any accident or subsequent iancorpora the city 11m1 of any disease that may occur in inc incorporated municipality with- connection ithis ithrdlnanc anUtra- cam Subscribed and sworn to before me, a As words herein.ttheow following gmean- SECTION 7.VIOLATIONS PENALTIES E Notary Public in and for the,County of nave the following mean• AND inga` Any violation of this_Ordm- i S to of Colorado) this c.Z day of A Raising.At-large" - off once not involving boduy1n]ury v � .. A.D. 19.0./... the premises of the owner and to any person,shall be a Cass II I not under control of the owner. tray offense putniisshnabbllee by a_. b frowner" - any .person, 1mPrieonnmenf in the Cwntyeail 7/7�� aarnmrsplp or crrpontlon own- for not more than ninety /ire- 2'f �:v`� 44— mg any dre(s)s or having the days or both such fine and Notary Public. same in his, her or its taro imprisonment for each separate custody or control; or who shall offense. Cayce,.encourage, or suffer the same ises foremain a period of three days or more. My commission expires .c>1-752-1:: SECTION S.COUNTY DOG CONTROL OFFICERS "Premises"•real The Sheriff, Undershsfl f, or c, " pproPerty an deputy sheriff, or any o rented, leased, used, offrcer,as lit or emplolyeed Ye pe a Partnership, byrs a prson or Humane ciety I of de contract Pe a pgo enuhlp, a core if Stich Society Is under have e o or governmental uNt with Weld County,shall haapvvreeovttlh1e h r described. s- iamu of tty to enforce the his Ordinance andwithln d. "Control" - physicist re- the meaning fite of Section J 16- strai nt by use.:of leash, or a 102(8), CRS 1978, as=ended, containing device. shall be considered county dog 2,•'Leash" • a thong, cord. . oantro4eHteen. - rrooppe,a chain or similar device Whenever a county dog con• doggeso�n)l capable of holding a ti knowledge of ,ac lean n2i f "Containing lnin. chance"e"-ai Peen,, this tation or summons esm cage,motor eNc plaint to the violator, device which is capable of nature of the violatlep with holding a dog(s) within. • sufficient particularity be give notice "Daylightq�t' hours" • tt hour violator.of said Wipe �a the before sunrise untilµ hour after susneet. SECTION :t ASSESSES h.'"Livestock". • any sheineep, SCHED goimal,horse,mule,ass,sheep, goat, nowt or swine. nsNotwithstandingofcti7the beret, h- pe s o[ harige T ithen the imam p)shall be he off to person charged with . s ( be y naming at-large h when off or more of the aloha this away from ts promises of Ill of paying shall below owner and not under the control of the below of such owner. ne}nal- Veld Cunty T to uin • B. It shall be deemed that a l� of fu�rtyv or dog(s)is not under the control of defense of such viola in its cis owner ewhen o r innjurytO thefts) Court or of appearing. I.such pee haras of sing, another to r person l such charge. byworryi qg/people chasing, (or in •ottheerrwii he isse�cyh-rovided by An Section es 48-12 xcept ina 81978),,or eeo sublect the t-to oo he allies wildlifef if , the owner, his family, or found guilty of such ided An Section chafer. In ProMKY the event prescribed pa enaltyc b pay C.Control as defined shin net ment t as permitted herein`such ppav tO dogs while actu&l - payment shall constttuep an or q livestock, locating or acknowledgment of gu It by retrieving wild game in season such person of the defense r a lie hunter during charged and shall be deemed a dart hours, or assisting complete satisfaction ealfete�-nagsuch enfOrCsment officers, or while violation and upon accepting the ao these.punk g trained for - of the Weld Comity shall SECTION NN 22e t HUMANE lessees dglnpl to a ter acknowledging The a naltg as ens re- and of. nature assessment r The Weld County Humane the nature of the violation for tpint Snociety shall have the responsi• whichbe the ep epenalty whamietv harsh withe s Ordinance, race and may 9 cU��hW b ini e . o between the- Boars of County . Dog Running At•Large Commissioners and the Humane Society for picking up dogs First Offense, 228.00 runniumatlarge an impound- Second Offense 280.00 tNhee Third Offense, 1200.00 SECTION S. MPOUNDMENT Four or More Offenses The V the execution of a penalty assessment Shad not cotiiii ct.between Weld County prosecuted and the violator shall be and•tine Weld County Hu and bf SSeectlon 7 under pon the e of h shall be the duty of a Summons W Appear. the. Id County Humane Sod- Bo - u1se and Impound an SECTION to.OFFENSES an all dogs found running a- INVOLVING BODILY INJURY - large without accompaniment of. rf /erg Frs 'n9 d' Faith Notice s nee of f or a ORDDIAx NO.$$ 9 a thong cord, AFFIDAVIT OF PUBLICATION IN THE 1T6R�7�tOF GAT �tte°• b4 .,,Hine Advice 0 g � .. eog(oiT We of holdlnBa � ; hjia. dog avlro„•a n THEJOHNSTOWNBREEZE D "OS bxtnR IosE d t•" � °rar STATE OF COLORADO ) P 8 AR VIO• �da�ra(� Sch is eaDa le of ) ss ON holdlnf doge) within. TT g 17• ayI1x1it hours"•W hour COUNTY OF WELD ) before alirseuntil-%hour altar I, Clyde Briggs, do solemnly swear that I su am publisher of The Johnstown Breeze; h tack" �,shvine eep,, that the same is a weekly newspaper Wli EAU the Hoard Weld or's i„e- printed, in whole or inpart, and published of weld goo ,,,,, .eato anap°'°nie�wmla As ■Y shall bedeas to in the County of Weld, State of Colorado, *tomeRule Charter, s .. be at large when or with the .autliri a aw° anerthe p,emisec�w and has a general circulation therein; that tiw a ire ofuneeTu1e0O"ti'°I said newspaper has been published ' i€y"'5alaraaa,and of such `IW$ 8.. 1t hair been : H. if sliallbe denmed that a continuously and uninterruptedly in said oAs.aIt hai ap tun eog(utanoaciderth�wntraot County of Weld for a period of more than its owner when nog > y prior to the of ag�us IMIc re�r oty,�� �'n fifty-two consecutive weeks theror erdttreet�t: atS taPPNd cohesion, or first publication of the annexed legal notice ge of numerous , rtoek u m or advertisement; that said newspaper has wiiEnzag the Hoard has :ec t> t sg%1 been admitted to the United States mails as ya dent eeprovlsionsM 02, 9 ,,o, hi "�amny. or second-class matter under the provisions of mugMamenQed to,1%redog r PreB�,, the Act of March 3, 1879, or any after mit f� as u amendments thereof, and that said wHIEREAg the 3Haare of newspaper is a weekly newspaper duly Conant Commie ,i�n of weld qualified for publishing legal notices and !ermines that an uapant need t or advertisements within the meaning of the masts for the following ordm- be,aI dforsayaf laws of the State of Colorado. stet to pawl for the health, those G. and.at&t�� welfare of ihe`nedPla That the annexed legal notice or advertise- " prfoxa. & ment was published in the regular and Now THioRHlroRlc ex rr . b_mmctfe�6ttoen wed . T `'weld Countna Humane entire issue of every number of said weekly Caantr Co ed °er n bMilton:rw:°orduim newspaper for the period of .. .. consecu- hutian entitkes dte ,n �ce with a contract five insertions; and that the first Running At-Large of wh1 hall be entered into he me of Ceunri publication of said notice was in the issue of providin for geioire Impound- . oner aM file Humane mg, area Other Dls&.rc*% n for kfne.:up m s said newspaper dated 4sn�($A.D. 19gi, Thereof' and dated March 7, a ge an Ina and that the last publication of said notice 1979 place, Ordidondanaea a mg its ennead:. . szcnoxa.1DIPOUNDMENT was in the issue of said newspaper dated , A.D. 19 glcor�T tAsoc IN o u' nf a e 8"°epeen�yei$n ,pty In witness whereof I have hereunto set eta. Weld County %a mine my hand this ...LS, day of Tk.e..a.r It shall. be unlawful for the the County be the Humana ' ty Of owner or any other person A.D. 19.(? having custody of any do�to le to seize and finpo auk al)aw, apermlt or sane on 11534 toured erard a n of nbey other personrol of the do rinof Weld nt ,cept within c Publisher or tof any Incorporateare WMInarpOrafed muclpan of any m eatd Cofurty: In said County. t + Subscribed and sworn to before me, a As used herein, the following wards have the following mean- When any do has beenNaked Notary Public in and for the County of �r Ina ant, no oe of lags: given impoundment span be W State of Colorado, this/. day of A. "Rumen$ At-Large" - off given to-the owner, If known, o the premises of the owner and who may thereupon recover .t-?.?.(i A.D. 19.p.�.. -� not under control of the owner. p°Messfon of such dog on pD peytpanTt homfthe cwt of gline- b. "OwnerOr"Ma�tatldlirowh tp�paty�t�. nTbm!4tt;4 lars g), or Mr b Iving I Old f°ritayssame or Manumit oa is )t• nocourem 1n on tft each d or suffer ad p▪remises for a period of three a 1! the same. owner, days or more- m biro,of hisaismme same diate My commission expires -.. // c."Brainless"•tad MPertv i dog m the eo flatted un- P o� —/y ` owned, rented, lessen, uused, waffling facility within the a pe kept,or occupies by rsmror eltwve ID) months, persons, a partnership, a Mato h eedempFl�ion fee shall be oration or governmental Und Twaaty D°vars ($90.00)- No howsoever described. • owner may recover possession — _ — - cos• taof hnpotuulment 1 atmaade. SECTION 8. N ND of honest Thereof, � the provis- ions person charged with one or mbre of the violations of this SECTIONEB ADOPTION AND Ordinancef fg the below epe&.ee d UG77O11 penal assessments therefor to the eld County Treasurer in Any dog which shall have not lieu of further proceedings or been redeemed wihin seventy- defense of such violation in two(72)hours front the time of Court or of appearing in Court such impoundment,(nay at once to defend such charge. If such be put up for adoption in person elects to appear in Court, accordance wtt�hd4teo�e normal he shall be proceededbaagainst as Pmooun�dkro teodoro of idily.Any tor ovmerr the the vioolati vse iolations charged andy for shall or ken r d clonal)dog trot be subject to the penalties claim or redeem laid Drovlded in Section 7 hergeeof if me seventy-trlwood(shall i aa1.. the event of such to Dar Pe i interest in said the prescribed penalty assess- dog.S.ny dog which has not been .pmDey1n�t as vpartnittedd herein such redeemed or adopted as herein •cknowledsg�mtent of ttguilt an dperovviided,unmay be humanely such personof the offense Vase Witter et the direction al coommplete satisfaction faction for facility and removed a M vviiolation and upon nal accepting orftgli that nb the Weld rly Tt settle orde.troyed un- tlI7M owneor r issueackn al nice to paymentviolator By: County Clerk • been nao�Wled either orally or Y of.The pertaity assessment and APPROVED AS TO FORM: on for such owner if the knnownn from a coar�cis t YBits Me whicmh the penalty epDenat�lty assessment old orooth rridentification found of vviolatoraunderr thted enprvlleg two County Attorney �. the dog. this Section shall be as follows 1st,READING: June 10 1881 SECTION 8.NONI.IABDlTY . Dog Running At-Large Published: June 18, 1981 in the Johnstown The Weld County Sheriff, the First Offense, $28.00 Legal Breeze to the ern heeu aaai�t!yante�a Third Offe,Offense„ e$20j$200.00 _Board 00 ployees,ployees, the Weld County Hu- mane Society,and staff thereof, Four or More Offenses The and any person a the penalty assessment shall not provisions of this Ordi ire apply and the violator shall be shall not be held for prosecuted under the provisions any accident or su se cent of Section 7 upon the issuance of disease that may oc in a Summons to Appear. connection with the tiro of this Ordinance. SECTION 10.OFFENSES INVOLVING BODILY INJURY SECTION 7.viopl-,AmOI84. AND PENALIWAI r Any offense involving bodily Any violationante not n�of this Omrdin.. injury to Class IIInmiison demeanor to any person,shall be tyCSais D 18 1-a C and a7 vRe vide iolator shall 9eetl h petty offense punishable by a floe a not more as to offense as provided Imprisonment in the epoaw: ra for not more than 1 days or both-such fine sag Minimum Sentence-8 toroth& Imprisonment for each separate imprisonment,or$250.00 fine,or o[Iense. bola. SECTION 8.COUNTY DOG Maximum Sentence - 12 OONTBOLwinnow - months imprisonment, or 81000.00 fine, or both. The Sheriff, Undersheriff..or any SECTION 11.SAFETY CLAUSE officer,deputy or emDtlfeyee of the Humane Society of W cCoona�naty�( The Board of County Commisolo- - sioners such eryld ti ens¢ha ,'loners eof y Weld finds,C te,determines Vie redo hereby s O Tale oihlsOMinance andp,,,, is necd essary fort the h ante 1s hoe dares the h ank within the meaning of Section 8016 safety and welfare of e 102hal(8) CRS 1078, as amended, citizens of Weld County, Oslo- sl be considered county dog rado. , control officers. The foreeing Ordinance No., Whenever a county dog con- ea was on rootlet duly m ,_and trot officer has pere onal second knowledge by L'o"""'^ knowledge of any violation of ing vote on -- day e/ this Ordinance, he may issue a — citation or summons and coin- - BOARD OF COUNTY plaint to the violator,elating,the COMMISSIONER nature of the violation with. WELD COUNTY sufficient particularity to give COIARADO notice of said charge to the violator. - - Chuck Carlson,Chairman Norman Carlson,Pro-Tem C.W.Kirby John T.Martin June K.Steinmark ATTEST: Weld County Clerk and Recorder and , Clerk to the Board ,., Hello