CHAPTER 90: ANIMAL CONTROL
Section
Dogs
   90.001   Definitions
   90.002   Regulation of dogs within town limits
   90.003   Dangerous dog ownership
   90.004   Aggressive dog ownership
   90.005   Annual vaccination and licensing required
   90.006   Persons authorized to innoculate and issue licenses
   90.007   Duty of persons performing vaccination and licensing
   90.008   Information on licenses and tags
   90.009   Tag to be attached to dog; license retained
   90.010   Registration
   90.011   Quarantine
   90.012   Imported dogs
   90.013   Unlawful possession of licenses
   90.014   Impoundment generally
   90.015   Municipal Pound
   90.016   Proceedings in Municipal Court against owner, keeper of impounded dog
   90.017   Notice of owner or keeper
   90.018   Procedure for release of impounded dog; destruction of dog
   90.019   Disposal of dog whose owner, keeper cannot be located
   90.020   Redemption fees
   90.021   Interference with Police Department, Dog Enforcement Officer
   90.022   Muzzling and confinement
   90.023   Vaccination
   90.024   Female dogs in heat
   90.025   Notice, knowledge of violating not necessary for prosecution
   90.026   Poisoning dogs unlawful
   90.027   Enforcement
Livestock
   90.040   Definitions
   90.041   Livestock and fowl prohibited
   90.042   Enforcement
 
   90.999   Penalty
DOGS
§ 90.001 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning.
   AGGRESSIVE DOG. Any dog that barks, growls, charges at, jumps upon or has demonstrated tendencies, without provocation, in a menacing manner, that would lead a reasonable person to believe that the dog may inflict bodily injury upon or cause the death of any person or domestic animal, or has engaged in or been trained for fighting, as described and prohibited in C.R.S. § 18-9-204. For purposes of this definition, “domestic animal” shall mean any other dog, cat or livestock that may be permitted to be within the town boundaries.
   BODILY INJURY. Any physical injury that results in bruising, muscle tears or skin laceration.
   DANGEROUS DOG. Any dog that has inflicted bodily injury or serious bodily injury upon or has caused the death of a person or domestic animal.
   DOG BITE. Any bruising of the skin or break in the skin caused by any contact with the tooth or mouth of a dog.
   DOG OWNERS. Any person over 18 years of age, emancipated minor under the age of 18 without direct adult supervision, parent guardian or custodian of any child under the age of 18, firm, corporation, or organization, owning, possessing, harboring, keeping, having financial or property interest in or having control or custody of a dog, aggressive dog or dangerous dog.
   DOG. Any animal of canine species regardless of sex.
   FEMALE DOG. Any dog of the female gender on which no alternative surgery of the genital organs has been performed.
   HARBORING DOG. The act of keeping or caring for a dog or providing premises to which a dog returns for food, shelter or care, or the act of providing refuge to a dog in order to evade the impoundment of the dog by lawful authority.
   MALE DOG. Any dog of masculine gender, not castrated.
   NEUTERED DOG. Any male dog which has been castrated by a licensed veterinarian and accompanied by a certificate asserting said operation has been performed.
   RABIES. A communicable disease of both wild and domestic animals transmittable to humans, as defined by the Public Health Department and “specific infectious disease of certain animals, especially dogs and wolves, contracted by man by direct inoculation as by bite of infected animal and due to a filtrable virus”, as defined in Dorland’s Medical Dictionary.
   SERIOUS BODILY INJURY. Bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body or breaks, fractures or second or third degree burns requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
   SPAYED FEMALE DOG. Any female dog on which an ovariectomy or ovarhisterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting said operation has been performed.
   STRAY DOG. Any unlicensed or licensed dog found unattached or loose anywhere within the town limits.
   VACCINATIONS OR VACCINATION FOR RABIES. Inoculation of a dog with standard rabies vaccine.
(Prior Code, § 531.1) (Ord. 398, passed 6-6-1996; Ord. 473, passed 6-6-2002; Ord. 520, passed 9-6-2007; Ord. 576, passed 7-10-2014; Ord. 580, passed 2-5-2015)
§ 90.002 REGULATION OF DOGS WITHIN TOWN LIMITS.
   The Board of Trustees has found, determined and declared that those actions of dogs, as set forth below herein, divisions (A) through (J) below are detrimental to the public health, safety and welfare of the inhabitants of the town. Acknowledging the strict liability standard as to the provisions of this subchapter, as set forth in § 90.025 of this chapter, any owner, possessor or keeper of any dog which violates the provisions of this section, and the following divisions (A) through (J), shall be subject to fines and penalties set forth in § 90.999 of this chapter, as well as any other remedy allowed by this subchapter:
   (A)   Run at large in the town unless said dog is under reasonable control of the owner. For the purpose of this section, a dog shall be deemed under such reasonable control when said dog is accompanied by its owner, or, some member of the owner’s family or with some employee or agent of the owner, with the dog attached to a leash. For the purposes of this section, a dog shall be deemed not under reasonable control when:
      (1)   Said dog inflicts damage or injury (by biting, jumping upon, pollution of vegetation or by any other means whatsoever) to the person or property of anyone other than the owner, except in the defense of the owner, his or her family or property; and
      (2)   In the case of any unspayed female dog not securely confined in the owner’s yard, pen or other enclosure.
   (B)   Go upon school premises without the permission of the person in charge thereof;
   (C)   Bark, whine, howl or make other noise in a manner which, under non-mitigating circumstances, could be considered by reasonable persons of ordinary sensibilities, as excessive or continuous;
   (D)   Attract other animals and cause them to congregate or remain on or about any premises because of being a female in heat and because of the nature of its confinement or lack of the same;
   (E)   Damage public property or private property not owned by the dog owner;
   (F)   Be abandoned;
   (G)   Be tied or otherwise physically fastened to any object on public property when the owner has departed from the immediate vicinity of the location where the animal has been physically fastened; or be tied or otherwise physically fastened on private property so as to create an immediate danger to the physical well-being of the animal or any person;
   (H)   Be on premises open to the public where food or beverages are prepared, stored or sold; however, this division (H) does not apply to seeing-eye dogs, dogs trained as ears for the deaf or other defined service dogs and in such premises for such purposes at the time;
   (I)   Be found unleashed in a public park; provided, however, this division (I) does not apply to seeing-eye dogs, government owned animals or animals participating in shows or exhibits authorized by the Board of Trustees; and
   (J)   Defecate upon public property or private property not owned by the owner and such excreta is not immediately removed by the owner at that time.
(Prior Code, § 531.2) (Ord. 398, passed 6-6-1996; Ord. 473, passed 6-6-2002; Ord. 520, passed 9-6-2007; Ord. 576, passed 7-10-2014; Ord. 580, passed 2-5-2015) Penalty, see § 90.999
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