HomeMy WebLinkAbout20162734.tiffCheryl Hoffman
From: Karin McDougal
Sent: Wednesday, September 28, 2016 9:13 AM
To: Cheryl Hoffman; Esther Gesick
Subject: 3rd Reading Dog Ordinance
Attachments: Ord16-09.2nd.pdf
pdf
For Third Reading — we need to strike the part that says "Delete Livestock" because we will be retaining that definition in
the code. The language that is currently in the code and that should remain is below.
Livestock means any bovine animal, horse, mule, ass, sheep, goat, fowl or swine.
Thanks!!
Karin
Karin McDougal
,14/6. 02 7,(-
1
Assistant County Attorney
Weld County Attorney's Office
1150 "0" Street
Greeley, CO 80632
970-356-4000 x4396
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
ARTICLE: IV - Animals
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 Section 14-4-110 of this Article.
Attack means violent or aggressive physical contact with a person or domestic animal, or violent
or aggressive behavior that confines the movement of a person, inclucsing but not lrmited 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 at . -! . , c.ctu :ir ,g : ht.cir g corncring or circling,
whereby, the victim's skin is broken or the victim experiences external or severe internal bieec3isg or
broken bones or requires medical treatment by a licensed medical care provider or veterinarian -for an
injury.
Containing device means a pen, cage, motor vehicle or similar device which is capable of holding
a dog within.
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.
Daylight hours means one-half (%) hour before sunrise until one-half (Vz) hour after sunset.
Dog means any animal of the Canis familiaris species, or any hybrid thereof.
Guard dog means any dog which has been trained to protect andtor 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, rooe, chain or similar device which is car7ahle of rrtAtraining a dog.
Livestock means any -bovine animal, horse, mule, ass: sheep, goat. fowl or swine.
Owner means any partnership, corporation, person or the parent, guardian or custovan of a child
under sixteen (T6) years of age, who owns any dog or has the same in his or her care, custody or
control.
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.
Page 1
2016-2734
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-9; Weld
County Code Ordinance 2008-12)
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
the 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 or her
premises, if said premises consists of ten (10) acres or less or lies within a recorded subdivision,
recorded planned unit development or platted townsite; or more than eight (8) dogs which are
over the age of six (6) months, if said premises consists of more than ten (10) acres, at any time,
shah 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 the
County, as the term is defined in this Article.
An owner shall be deemed to fail to control a dog if the dog inflicts bodily injury to a person 9F
animal (pet animal or livestock belonging to another person)-or-damages-ordestroys-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 (1) sign at
the entrance of any premises upon which a guard dog is kept.
E. Affirmative defenses:
1. It shall be an affirmative defense to an alleged violation of Subsection B above 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, 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 Subsection C above if a dog is
acting in defense of the owner, the owner's family or the owners premises.
3. It shall be an affirmative defense to an alleged violation of Subsection 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 Subsection D above is posted.
4. It shall be an affirmative defense to an alleged violation of Subsection C if the dog has been
intentionally provoked by a person who is not the owner of the dog.
5. It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by
Special Review permit has been approved by the Board of County Commissioners and a
nlat rer nrried in the Calmly. Clerk rut Rareireiar'e rIffira 1 r q. 4er ,qJ. is eyrie. +,r4xrsrr:sl.Itct,
maximum number established in Chapters 14 and 23 of this Code.
F. The provisions of this section shall not apply to a dog that is used by a peace officer while the'
officer is engaged in the performance of peace officer duties.
C.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-9; Weld
County Code Ordinance 2008-12)
Sec. 14-4-30. - Humane Society of Weld County.
Page 2
Formatted: Indent Left: 0", First line: 0"
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 and the Humane
Society, for impounding dogs whose owners are in violation of this Article.
(Weld County Code Ordinance 2007-9)
Sec. 14-4-40. - Impoundment of dogs.
A. Upon the execution of a contract between the 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 Subsection 14-4-20.
A, 8, C or D.
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 andior
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.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-9; Weld
County Code Ordinance 2008-12)
Sec. 14-4-50. - Charges for impoundment.
A. When any dog has been picked up or apprehended for impoundment pursuant to the terms of this
Article, notice of such impoundment shall be given to the owner, if known, who may thereupon recover
possession of such dog upon payment of an impoundment fee and any actual and necessary
veterinary costs incurred on behalf of the dog. No owner may recover possession of such dog until he
or she has made payment of the cost of impoundment fee and veterinary costs. The impoundment fee
shall be based upon the actual and necessary costs of impoundment and shall be set on an annual
basis by the impounding facility.
B. In addition to the basic impoundment fees and necessary veterinary costs, any impounded dog shall
not be released until such animal has been duly vaccinated for rabies. Upon receipt of an immunization
(rabies) deposit, in an amount based upon the actual and necessary costs of immunization and which
is set annually by the impounding facility, such dog maybe released in order that it may be immunized.
Upon proof that such dog has been duly immunized within ten (10) working days after such release,
the immunization deposit shall be refunded to the dog's owner.
(Weld County Codification Ordinance 2000- 1)
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. The 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 alt 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.
Page 3
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-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 (24) 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.
(Weld County Code Ordinance 2007-9)
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.
(Weld County Code Ordinance 2007-9)
Sec. 14-4-80. - Violations and penalties.
A. Any violation of Subsections 14-4-20.A, B and D of this Article, which does not involve bodily injury to
any person -or -any ar>+rnal, shall be a Class 2 Petty Offense, as defined by Section 18 -1.3 -503t&4 -
4O7, C.R.S. Violations of each subsection shall be considered separate offenses, each of which is
subject to a separate penalty. If there are, aggravatine circumstances involved in a violation under
these Sections, the Animal Control Office may issue the violation at the higher amount of the fines set
out in the schedule below for each offense. 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
Second Conviction
Third Conviction
$50.00 or $100.00 fine
$130.00 or $200.00 fine
$ 250.00 or $350.00 fine
Page 4
Commented (1KM1]: Section was moved in a code update.
Fourth or More
Convictions
$300.00 or $450.00 fine andjor imprisonment in the County Jail for not more
than 90 days
B. For sentencing purposes, prima fade 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 below shall be considered a conviction for the purpose of determining prior convictions in
sentencing.
(Weld County Code Ordinance 2007-9; Weld County Code Ordinance 2008-12)
Sec. 14-4-90. - Penalty assessment and schedule.
Notwithstanding the provisions of Section 14-4-80 above, any person charged with one (1) or more of
the violations of Subsections 14-4•20.A, B and 0 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 above 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
Second Offense within a thirty-
six -month period following the
First Offense
$-35.30 for $50.00 penalty
$75.00 for $100.00 penalty
Third Offense within a thirty -six-
month period following the First
Offense
Fourth Offense within a thirty-
six -month period following the
First Offense
$100.00 for $130.00 penalty
$150.00 for $200.00 penalty
$200.00 for $250.x,)0 penalty
$300.00 for $350.00Denalty
$250.00 for $300.00 penalty
$400.00 for $450.00 penalty
` ( Formatted: Left
Page 5
Five or More Offenses within a
thirty -six-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
(Weld County Code Ordinance 2007-9)
Sec. 14-4-100. - Class 2 Misdemeanors.
A. A dog owner commits a Class 2 Misdemeanor if the owner's dog commits a violation of Subsection
14-4-20.C of this Article.
B. Any person convicted of a Class 2 Misdemeanor under this Section shall be fined not less than two
hundred 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 one hundred eighty (180) days.
(Weld County Code Ordinance 2007-9; Weld County Code Ordinance 2008-12)
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 Section 30-15-102(3),
C.R.S., shall be considered County dog control officers.
B. Whenever a County dog control officer has personal knowledge of any violation of this Article, he or
she 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.
(Weld County Code Ordinance 2007-9)
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.
(Weld County Code Ordinance 2007-9)
Page 6
Hello