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WELD COUNTY
CODE ORDINANCE 2016-09
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
ARTICLE IV
ANIMALS
Amend Sec. 14-4-10. Definitions.
As used in this Article, the following words have the following meanings:
Attack means violent or aggressive physical contact with a person, or violent or
aggressive behavior that confines the movement of a person, including but not limited to
cornering or circling a person.
Bodily injury means any injury inflicted on a person, 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 for an injury.
Delete Livestock.
Remainder of Section — No change.
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2016-2859
ORD2416-09
Amend 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. and B. — No change.
C. An owner shall be deemed to fail to control a dog if the dog inflicts bodily injury to a
person.
D. and E. -- No change.
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.
Amend Sec. 144-80. 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 shall be a Class 2 Petty Offense, as defined by Section 18-1.3-503,
C.R.S. Violations of each subsection shall be considered separate offenses, each of which
is subject to a separate penalty. If there are aggravating circumstances involved in a
violation under these Sections, the Animal Control Officer may issue the violation at the
higher amount of the finespenalties 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:
r
First Conviction
$50.00 or $100.00 fi-nepenalty
Second Conviction
Third Conviction
$130.00 or $200.00 finepenalty
Fourth or More
Convictions
$250.00 or $350.00 finepenalty
$300.00 or $450.00 finepenalty and/or imprisonment in the County Jail
for not more than 90 days
Amend 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 D 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:
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2016-2859
ORD201 F-09
First Offense
Second Offense within a
thirty -six-month period
following the First Offense
Third Offense within a thirty-
six -month period following the
First Offense
Fourth Offense within a thirty-
six -month period following the
First Offense
$35.00 for $50.00 penalty
$75.00 for $100.00 penalty
$100.00 for $130.00 penalty
$150.00 for $200.00 penalty
$200.00 for $250.00 penalty
$300.00 for $350.00 penalty
$250.00 for $300.00 penalty
$400.00 for $450.00 penalty
Five or More Offenses within -1 Penalty assessment shall not apply and the violator shall be
a thirty -six-month period prosecuted under the provisions of Sections 14-4-20 and/or 14 -
following the First Offense 4-60 of this Article, upon the issuance of a summons to appears
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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
subsections 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.
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The above and foregoing Ordinance Number 2016-09 was, on motion duly made and
seconded, adopted by the following vote on the 3rd day of October, A.Q., 2016.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
August 24, 2016
August 31, 2016, in the Greeley Tribune
September 12, 2016
September 21, 2016, in the Greeley Tribune
October 3, 2016
October 12, 2016, in the Greeley Tribune
October 17, 2016
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2016-2859
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