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CORRESPONDENCE RESPONSE
DEPARTMENT OF Law
REFERRED TO (STAFF NAME) Frank Haug
DATE OF REFERRAL 2-27
DATE RESPONSE DUE FROM STAFF 3-4-15
*** IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF
EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION:
Narrative:
Ms.Jennica Emmons has contacted the county and expressed a concern that there is not a barking dog ordinance in the
unincorporated parts of the county. She has a neighbor with a barking dog and it is disturbing her. She is requesting the
county to consider modifying the code to allow for a barking dog violation. She lives in a suburban development on the
Southwest corner of the intersection of 1-25 and Hwy 119,which is in unincorporated Weld County.
I called Ms. Emmons last week and spoke with her regarding her concerns. She wanted to know what she could do to
pursue a barking dog ordinance in Weld County. I explained to her that there is currently no ordinance regarding barking
dogs in Weld County,and that in fact section 14-9-60(E),which is the noise ordinance,specifically excludes barking dogs
as a violation. I further explained to her that for the legislative change she is requesting there is a three reading process.
She was very polite and wanted to know what options existed. I told her I would look into it and get back to her. I then
drafted and mailed the attached letter to her directing her to the pertinent sections of the code regarding initiatives and
referendums. I also suggested that she contact local law enforcement if she is concerned about the well being of the
animal.
METHOD OF RESPONSE:
Board Action
Work Session
I Letter (Attached)
1 Telephone Call /1
No Response (attach explanations)
Assistant County Attorney
BOARD ACTION: (INITIAL BY APPROVAL) BK MF SC JC SM
AGREE WITH RECOMMENDATION -
X X X X X
REQUEST WORK SESSION -
-7-
ROBERT J. FRICK
a � 180' r^. WELD COUNTY ATTORNEY
� DEPARTMENT OF LAW
Assistant County Attorneys
Bob Choate* Linda Goff* Tomi Hanson * Frank Haug
V �� q Amanda Larson*Thomas Joaquin * David Skarka Brad Vatabe
Jenneca Emmons
10658 Forester Place
Longmont,CO 80504
March 12, 2015
Via U.S. Mail and Email
Dear Ms. Emmons,
I am in receipt of your letter regarding the lack of a barking dog ordinance in Weld County.
Thank you for your time and the opportunity to speak to you on the phone. As we discussed,you are
correct that there is not a barking dog ordinance in unincorporated Weld County. The animal code in
Weld County is Section 14-4-10 et seq. This section does not include any prohibition against excessive
barking by dogs. The noise ordinance in Weld County is covered in Section 14-9-10 et seq. In Section
14-9-60(E) sounds made by dogs are specifically excluded from being considered a violation of the noise
ordinance.
One way to modify the current law is to follow the process outlined in Section 15-4 of the Weld
County Home Rule Charter. This section outlines the procedure for initiatives and referendums. Any
new ordinances of the County must follow section 3-14 of the Weld County Home Rule Charter. The
process includes three readings and a series of public notices. You can access a copy of these
documents online at ww.co.weld.co.us.
Another option is to pursue a remedy under state law. The Colorado State Statute regarding
cruelty to animals is found in section 18-9-201 et seq, of the Colorado Revised Statutes. If you believe
that the animal is being abused or neglected,you may refer this to local law enforcement. If you have
additional information or other concerns please feel free to contact my office.
Since y,
Frank Haug
Assistant County Attorney
"Providing quality legal services to Weld County Government in
a responsive, innovative, and cost-effective manner."
General Services Division Human Services Division
1150"O"Street—P. O. Box 758 315 N. 11`h Avenue—P.0. Box A
Greeley,CO 80632-0758 Greeley,CO 80632
Phone: (970)356-4000* Facsimile(970)352-0242
Jennifer Fuller
From: Jennica Emmons [jenn emmons@msn.com]
Sent: Monday, February 16, 2015 8:18 PM
To: Jennifer Finch
Cc: Jennifer Fuller
Subject: Barking dogs issue
Hello,
I am writing to whom it may concern of the Commissioners of Weld County. I am a homeowner in Weld
County and want to stress my concern about the fact that there is not a barking dog law. We have a dog in the
neighborhood that barks non stop day after day, all day long. To me, this is extremely sad for the animal (as
this is borderline animal neglect in my eyes) as well as frustrating for all who live around it. I have two small
children whose afternoon nap times are disrupted day after day because of this loud noise disruption. After
many attempts in contacting the police dept and learning that they are unable to deliver a summons to a
resident with a disruptive animal, I am not sure where to go next. I am hoping that by bringing this matter to
your attention, this issue may be revisited and considered in the near future.
Thank you for your time,
Jennica Emmons
720-227-3456
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