CHAPTER 603 – ANIMALS AND FOWL

603.01   Animals or Fowl at Large

603.02   Unmuzzled Dogs at Large; Duty to Report

603.03   Impounding Dogs, Cats, and Domestic Animals

603.031   Adoption of Dogs and Cats from the City Kennel

603.032   Seizure and Impoundment of Animals for Fights, Poisoning, Cruelty, Neglect or Tethering; Hearing

603.04   Dog Nuisances

603.041   Disposal of Dog Waste

603.05   Annual Registration of Dogs; Tags Required

603.06   Abandoning Animals

603.07   Killing or Injuring Animals

603.071   Assault Upon Police Dogs Prohibited

603.072   Illegal Fights Between Animals

603.08   Poisoning Animals

603.09   Cruelty to Animals

603.091   Neglect of Animals

603.092   Tethering Animals

603.10   Coloring Rabbits or Baby Poultry; Sale or Display of Poultry

603.11   Large Cats

603.12   Report of Escape of Exotic or Dangerous Animal

Cross-reference:
   Animal bites: reports and quarantine, CO 205.01
   Animal enclosure restrictions, CO 347.02
   Animals injuring trees, CO 509.12
   Animals prohibited at airports, CO 571.12
   Animals prohibited from food handling premises, CO 241.10
   Carrier pigeon regulations, CO 205.03
   Control of dogs and other animals in parks, CO 559.33
   Deposit of dead animals, CO 551.14
   Disturbing animal noises, CO 605.10
   Disturbing animals or wildlife in parks, CO 559.41
   Nuisance conditions, CO 205.02
   Removal of dead animals; notice, CO 551.15

Statutory reference:
   See sectional histories for similar State law
   Dog registration, RC 955.01
   Owner or keeper liable for damages, RC 951.10

§ 603.01 Animals or Fowl at Large

   (a)   No person being the owner or having charge of any horses, cattle, sheep, goats, geese, ducks, turkeys, chicken or other fowl or animals shall permit them to run at large upon any public place, unenclosed lands or the premises of another.

   (b)   Whoever violates this section is guilty of permitting animals at large, a minor misdemeanor.

(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

§ 603.02 Unmuzzled Dogs at Large; Duty to Report

   (a)   No person shall permit an unmuzzled dog at any time to be on a public street, highway, park, building or other public place except when held securely in leash by the owner or another responsible person except when the dog is legally engaged in training for the purpose of hunting, herding, ability or dog competition events, accompanied by the owner, keeper, harborer, or a handler.

   (b)   Every City employee, while in the performance of his or her official duties, who has in his or her possession or under this or her control any radio transmitter and receiver, telephone or other device ordinarily used for two (2) way communication, shall immediately report to police officers or dog wardens of the City the sighting of any unmuzzled dogs found to be in a public place in violation of this section. The employee shall report the time, place, date and description of the dog, together with the employee's name.

   (c)   If a violation of division (a) of this section involves a dog as defined in Section 604.01, the dog shall be impounded under Chapter 603. Impoundment of dog because it was found to be in violation of this section shall not exempt the owner of the dog from being prosecuted under Section 604.99.

   (d)   Whoever violates this section guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third and any subsequent offense, which fine shall be mandatory, and shall not be suspended or remitted.

   (e)   An amount equal to the amount of fines and penalties imposed under this section shall annually be contributed to and used for the benefit of the Division of Animal Care and Control.

(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

§ 603.03 Impounding Dogs, Cats, and Domestic Animals

   (a)   When any unmuzzled dog, cat, or domestic animal is found at large in violation of Section 603.02, or abandoned in violation of Section 603.06, or when any dog's owner or the person in charge of control of any dog, or owner or person in charge of the premises upon which a dog is located, has violated the provisions of Section 603.04 more than three (3) times within a four (4) month period, a police officer or animal control officer shall take up and impound the dog, cat, or domestic animal in a City pound. No dog, cat, or domestic animal shall be returned from the pound until a fee of forty dollars ($40.00) is paid to the City, and the dog has both a valid County registration tag as prescribed by Section 603.05 and a microchip embedded for identification purposes. If a dog did not already have an embedded microchip at the time that it was impounded, then the animal control officer shall cause a microchip to be embedded in the dog before its return, and shall assess the person claiming the dog an additional fee of ten dollars ($10.00) for that cost.

   (b)   If a police officer or animal control officer impounds a domestic animal, cat, or dog which is wearing a valid County license registration tag, the police officer or animal control officer shall immediately give the owner notice that the dog, cat or domestic animal has been impounded and that unless the dog, cat, or domestic animal is redeemed within fourteen (14) days of the date of the notice it may thereafter be euthanized, transferred, sold, or adopted according to law.

   (c)   If a police officer or animal control officer impounds a dog that is not wearing a valid County license registration tag or cat or other domestic animal, and the owner is unknown, the animal control officer shall list the animal in a record management system for purpose of assistance in identification of the dog, cat, or domestic animal by a person that can prove ownership. Any impounded domestic animal, cat, or dog that is not wearing a valid registration tag and is unredeemed after three (3) days from the later of date of impoundment or the date on which notice was given may be euthanized, transferred, made available for fostering or adoption, on order of the Director of Public Safety or the Chief Animal Control Officer.

   (d)   The owner, upon redeeming a dog, cat, or other domestic animal being held at the kennel and cared for under this section shall pay a fee of twenty dollars ($20.00) per day for each day the animal was boarded at the kennel. This charge shall be in addition to any other repayments that may be owed under this chapter.

   (e)   Payment of charges for redeeming a dog, cat or domestic animal, which was impounded because it was found in violation of Section 603.02, 603.04 or 603.06 shall not exempt the owner of the dog, cat, or domestic animal from prosecution under any of those sections.

   (f)   Any fee established under this section may be waived by the Director of Public Safety or the Chief Animal Control Officer if the owner of the impounded animal is determined by the Director or Chief Animal Control Officer to be indigent using the federal poverty guidelines, and the owner has never before received the waiver.

(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)