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A. Existing uses not in conformance with this chapter prior to and up to the date of recodification are declared a legal nonconforming use and may continue to exist without increase in number of animals or type of animal, in violation of subsection 6.7.106D and section 6.7.110 of this article, unless the nonconforming use constitutes a nuisance or is otherwise dangerous to the public health. In that event, the Administrator or the Health Department may initiate and pursue to completion proceedings to abate the nonconforming use pursuant to article 5 of this chapter, or in any other manner as may be provided by law.
A. The City shall provide and maintain an animal shelter in a suitable location within or near the City for the impoundment of animals as provided in this chapter.
B. The City may provide by contract with any public agency, private society or association which is interested in the humane care and treatment of animals, for the establishment, maintenance and operation of an animal shelter and for the enforcement of the provisions of this article through article 10 of this chapter. (1968 Code §11-123; Ord. 74-114; 1980 Code; Ord. 91-32; Ord. 01-42; Ord. 03-31)
It shall be unlawful to keep animals within the city in violation of the following requirements:
A. All fecal waste shall be removed as necessary from premises and placed in closed flytight containers, at least every seven (7) days. The Code Enforcement Officer has the authority to order more frequent removal depending on the number and size of the animals on the property. The contents of the containers shall be removed from the City as necessary to prevent the contents from becoming a nuisance.
B. The premises upon which animals are kept shall be maintained in a clean and sanitary condition and shall be subject to inspection at all reasonable hours by the Code Enforcement Officer or the Health Department.
C. The premises upon which an animal is kept shall be fenced or the animal tied so that the animal while unattended is securely contained and is not a danger to persons or property.
D. Any shelter provided for rabbits or fowl shall contain an area of at least four (4) square feet for each rabbit or fowl. An adequate area outside the shelter must be provided for any rabbits or fowl.
E. The maximum number of rabbits or fowl age of four (4) months or older shall not exceed ten (10) of each.
F. The maximum number of dogs or cats kept on the premises shall not exceed four (4) each after attaining the age of four (4) months, except in properly zoned and licensed kennels. In addition to the maximum number of dogs or cats kept on the premises, a single litter of puppies or kittens aged four (4) months through eight (8) months shall be permitted so long as there is no more than one other litter of puppies or kittens from birth to age four (4) months also kept on the premises.
G. Hoofed pets are limited to two (2) per household or dwelling, except that three (3) or four (4) hoofed pets may be kept where the standards of Code section 7.3.303A2a(2) are met. Hoofed pets shall not be counted for purposes of limiting the total number cats, dogs, or other pets that a household may keep.
H. In addition to the maximum number of hoofed pets kept on the premises, a single litter of kids from birth to age four (4) months of age shall be permitted.
I. Slaughtering of animals is prohibited on residential lots. (1968 Code §11-113; Ord. 74-114; 1980 Code; Ord. 87-36; Ord. 91-32; Ord. 01-42; Ord. 03-31; Ord. 03-121; Ord. 07-134; Ord. 14-28; Ord. 23-08)
A. It shall be the duty of any owner or keeper of any dog or hoofed animal to restrain the dog or hoofed animal by means of confinement, collar and leash, or bridle from running at large upon any park or other public place in the City, and to prevent the dog or hoofed animal from becoming a danger to persons or property, or from trespassing upon the property of another. The animal is hereby declared a nuisance and may be taken up and impounded or confined, as provided in article 10 of this chapter.
1. It shall be unlawful for an owner or keeper to allow any dog, cat or hoofed animal to trespass on another's property or to run at large.
2. It shall be unlawful for an owner or keeper to allow any dog, cat or hoofed animal, while trespassing, running at large or physically restrained, to attack or fight with another domestic animal.
B. It shall be unlawful for any person to fail or refuse to comply with the duties set out in this section. In imposing sentence, the court may consider other relevant factors which in its determination provide the court with sufficient mitigation of the animal's action.
C. This section shall not apply to any dog, horse or other animal used or owned by the Police Department in the performance of its duties.
D. This section shall not apply to any feral cat that is being introduced or returned to a feral cat colony managed by a nonprofit animal welfare organization, or any feral cat that is the subject of a trap-neuter-release program operated by a nonprofit animal welfare organization.
E. The Mayor may ban or otherwise restrict the presence of cats, dogs and other animals at any special event, celebration, gathering, rally or similar event which occurs upon the property or rights-of-way of the City. This authority shall not apply to licensed assistance dogs for the sight impaired, hearing impaired or other disability. (1968 Code §11-115; Ord. 74-114; 1980 Code; Ord. 87-198; Ord. 89-13; Ord. 91-32; Ord. 96-131; Ord. 01-42; Ord. 08-209; Ord. 11-19; Ord. 18-22)
A. Prohibited: No person who owns, keeps or exercises control over any animal shall allow the animal to do the following:
1. To attack or threaten to attack or bite any person or domestic animal not on the premises of the owner or keeper.
2. To attack or threaten to attack or bite any person or domestic animal upon the premises of the residence of the owner or keeper or upon the premises of any business establishment. It is an affirmative defense to this subsection A2 that:
a. The attack, threat of attack or bite by the animal was necessary to prevent or apprehend a person engaged in a criminal act upon the property; a "criminal act" is any act that could be prosecuted as a violation of any City, County, State or Federal criminal statute; or
b. The attack, threat of attack or bite by the animal was in response to the animal being provoked or assaulted; or
c. The attack, threat of attack or bite by the animal occurred in an area where the animal was being properly contained in an enclosure which may include, but is not limited to, a fenced area, a kennel or inside the home.
B. Exception: The provisions of this section shall not apply to any law enforcement officer who uses an animal while engaged in law enforcement activities.
C. Duty To Impound; Destruction Of Vicious Animal: It shall be the duty of the animal control officer to impound an animal whose owner or keeper has been cited with a violation of this section if the animal presents a clear and present danger to the public health or safety. Nothing in this chapter shall be construed to prevent the animal control officer from taking whatever action is reasonably necessary to protect the officer's person or members of the public from injury or damage, or injury to any other animals in the community, including immediate destruction of any vicious animal without notice to the owner or keeper.
D. Impoundment; Disposition:
1. If a complaint has been filed in the Municipal Court of the City against the owner or keeper of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Municipal Judge, who may direct the owner or keeper to pay all impounding fees. Any animal which remains unclaimed for five (5) days after its release as authorized by the Municipal Judge may be disposed of at the discretion of the operator of the animal shelter.
2. If reasonable efforts have been made to notify the owner or keeper of any proceeding regarding the disposition of their animal and the owner or keeper of the animal fails to appear for any proceeding regarding the disposition of the animal, then the court is empowered to proceed without the owner or keeper. Some examples of reasonable efforts to notify the owner or keeper of a pending court proceeding are:
a. Personal service on the owner or keeper, or
b. Notice delivered by regular mail to the last known address of the owner or keeper of the animal, or
c. Posting notice at the last known residence of the owner or keeper of the animal.
d. Any notice given to the owner or keeper by the court.
e. A promise to appear by the owner or keeper.
3. If the owner or keeper fails to appear after efforts to notify the owner or keeper have been made, then the Municipal Judge is empowered to hold ex parte hearings to determine the disposition of the animal.
4. If the court finds that reasonable grounds exist to believe that an animal may constitute a danger to any person or persons or to any other animals in the community, the court may order it destroyed or held pending trial. If the court finds that the animal is not a danger, the court may order it released.
5. Surrender of an animal by the owner or keeper to the animal control officer does not relieve the owner or keeper from prosecution or liability for the fees and fines imposed by this section. (Ord. 96-131; Ord. 01-42; Ord. 03-31)
A. Where the City or the Medical Director of the Health Department has reasonable cause to believe that an animal is rabid or has bitten a person or other animal, the animal shall be confined in accord with Colorado Revised Statutes section 25-4-604.
B. Whenever the Medical Director determines that rabid animals pose an imminent danger to the public health, safety and welfare, the Medical Director shall immediately notify the Mayor. The Mayor shall then issue a proclamation requiring all persons owning, keeping or having any dog, cat or other animal to confine the animal by good and sufficient means to the house, yard or building upon the person's property for a period of time as the Mayor shall declare. The proclamation shall be posted in the City Clerk's Office and otherwise made available to the public. During the time period, any dog, cat or other animal shall only be allowed away from the house, yard or building upon leash accompanied by the owner or other responsible person. (1968 Code §§11-116, 11-137; Ord. 74-114; Ord. 75-6; 1980 Code; Ord. 91-32; Ord. 01-42; Ord. 03-31; Ord. 11-19; Ord. 11-22)
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