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ORDINANCE NO. 88-H
IN THE MATTER OF AMENDING ORDINANCE 88-G: REGULATING THE RUNNING OF
DOGS AT-LARGE; PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION
THEREOF; AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS
BE IT ORDAINED E3Y 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, on March 22, 1994, the Board of County Commissioners of the County of
Weld, State of Colorado, adopted Ordinance No. 88-G, which repealed and reenacted
Ordinances 88-D, 86-E, and 88-F, regulating the running of dogs at-large; providing for seizure,
impounding, and other disposition thereof; and providing for fines and penalties for violations,
and
WHEREAS, on April 19, 1999, Senate Bill 99-137 was signed into law, thereby
amending C.R.S. § 35-80-106.3, which statute requires the holding of pet animals by or in the
custody of a licensed animal shelter, public or private, and not reclaimed by the owner, for a
minimum of five (5) days after acquisition by the animal shelter before it may become available
for adoption or otherwise disposed of at the discretion of the animal shelter, and
WHEREAS, said amended C.R.S. § 35-80-106.3 defines the term "days" to mean days
during which the animal shelter is open to the public, and
WHEREAS, Section 7 of Ordinance 88-G currently places the minimum amount of time
for the keeping of unclaimed dogs and subsequent disposal thereof at 72 hours, and
WHEREAS, said Board now deems it desirable to amend Ordinance 88-G as follows:
SECTION 6. ADOPTION, STERILIZATION, AND EUTHANIZATION
Any dog that has not been redeemed within five (5) days from the time of such
impoundment may be put up for adoption at once in accordance with the normal procedure of
the director of the impounding facility. Any owner or keeper of a dog who does not claim or
redeem said dog within the five (5) day impounding period shall forfeit all right, title, and interest
in said dog. Any dog which has not been redeemed within five (5) days as herein provided, or
any dog which, in the opinion of a veterinarian, is experiencing extreme pain or suffering during
the five (5) day impounding period, may at once be humanely euthanized under the direction of
the director of the impounding facility and removed and buried or cremated. No dog shall be
put up for adoption or euthanized until reasonable efforts have been made to notify the owner,
either orally or in writing, if the dog is experiencing extreme pain or suffering as determined by a
veterinarian or if the whereabouts of such owner is known or can be ascertained from a license
tag or other identification found on the dog. In cases where the dog is experiencing extreme
pain or suffering as determined by a veterinarian and the owner is identifiable, "reasonable
991070
ORD88-H
RE: ORDINANCE NO. 88-H
PAGE 2
efforts" shall mean efforts to notify the owner for a period of up to twenty-four (24) hours. Any
person adopting an unclaimed dog, pursuant to this Section 7, shall provide proof of sterilization
to the impounding facility within 30 days of adoption for adult dogs or at nine 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.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Section 6 be, and hereby is, repealed and re-enacted
as abovestated.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 88-H was, on motion duly made and
seconded, adopted by the following vote on the 7th, day of July, A. D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Dale K. Hall, Chair
Weld County Clerk to the Board
Barbara J. Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
M. J. Geile
County Attorney
Glenn Vaad
991070
ORD88-H
RE: ORDINANCE NO. 88-H
PAGE 3
First Reading: May 24, 1999
Publication: June 2, 1999, in the Fort Lupton Press
Second Reading: June 14, 1999
Publication: June 19, 1999, in the Fort Lupton Press
Final Reading: June 30, 1999 •
Publication: July 7, 1999, in the Fort Lupton Press
Effective: July 12, 1999
991070
ORD88-H
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