As used in this chapter, the following terms shall have the following meanings.
ABANDON. To fail to provide any necessary care for a pet animal for any period of 24 hours or longer. Such care shall include, but not be limited to, food, water, protection from the weather, socialization, and removal of waste from the animal’s enclosure. For the purposes of this chapter, any pet animal is presumed to be abandoned if, after the posting of a written notice describing deficiencies in the animal care or the personal service of such notice, the deficiencies are not corrected by any person other than an animal control officer during the 24-hour period immediately following such posting or service.
ANIMAL. Any living dumb creature.
ANIMAL CONTROL OFFICER. Any person empowered by Town of Vail to enforce the provisions of this chapter, Town of Vail Police Department personnel, and peace officers as defined in C.R.S. § 18-1-901.
ANIMAL SHELTER. Any and all facilities and premises authorized by Eagle County to care for pet animals impounded pursuant to the provisions of this chapter. Such facilities and premises shall also be considered public animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of C.R.S. § 18-9-204.5.
ATTACK. Aggressive behavior resulting in bodily injury, serious bodily injury or death to a person or another animal.
BITE. The piercing, laceration or breaking of the skin by the teeth or jaws of any animal.
BODILY INJURY. Any physical injury that results in severe bruising, muscle tears, skin lacerations requiring professional medical treatment, or fracture of any bone or injury that requires corrective or cosmetic surgery.
CAT. Any animal of the species Felis cattus or any hybrid thereof.
CONTROL. Supervision of, or influence over, any pet animal sufficient to prevent such pet animal from being in violation of any of the provisions of this chapter. CONTROL may be by other than physical means if it can be demonstrated to be real and immediate at the time in question. For the purposes of this chapter, failure to control shall include the criminally negligent leaving of an animal in circumstances that result in neglect, mistreatment or abandonment of the animal.
DANGEROUS ANIMAL. Any animal that has inflicted bodily or serious bodily injury upon or has caused the death of a person or animal.
DOG. Any canine animal, including those related to the wolf, fox, coyote or jackal.
FERRET. Any animal of the species Mustala putorius or any hybrid thereof.
HABITUAL OFFENDER. Any animal owner who has pled guilty to, or been found guilty of, violating any provision of this chapter three times within any 18-month period. For the purposes of this chapter, any disposition of charges involving probation or deferred judgment and sentencing shall be considered to be convictions.
HUMANE TRAP. Live traps which do not cause bodily harm to the animal intended to be captured or bodily harm to any animal or person coming in contact with such trap.
IMMEDIATE CONTROL. Control of an animal by the physical presence of a responsible person, within ten feet of the animal and such responsible person can exhibit voice control over the animal.
MISTREATMENT. Every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering.
NEGLECT. Failure to provide food, water, protection from the weather, opportunity for exercise, socialization or other care consistent with the needs of the species of the animal in question.
PET ANIMAL. Any animal so defined in C.R.S. Title 35, Article 80, Part 102(10).
PET ANIMAL FACILITY. Any facility licensed as such pursuant to the provisions of C.R.S. Title 35, Article 80, Part 1.
PET ANIMAL OWNER. Any person, firm, corporation, or organization possessing, keeping, having financial or property interest in, or having control or custody of any pet animal.
PHYSICAL CONTROL. Control of an animal by means of a tether or a leash attached to the animal, and held by a responsible person; or, confinement within a locked vehicle or locked enclosure sufficient to prevent the animal from escaping.
POISON. A substance that has an inherent tendency to destroy life or impair health.
POTENTIALLY DANGEROUS ANIMAL. Any animal that when unprovoked:
(1) Inflicts any laceration or bruising upon a human or another animal;
(2) Chases or approaches a person on any property other than the owner’s in a menacing fashion or apparent attitude of attack;
(3) Is a venomous animal; or
(4) Is an animal possessing physical characteristics or demonstrated tendencies that would cause a reasonable person to conclude that the animal is likely to inflict injury or cause the death of any person or another animal.
PREMISES. Property owned, leased or expressly permitted to be used by an owner. PREMISES includes any confined area or locality such as a residence, business, room, shop, building or motor vehicle, including the open space bed of a truck when the animal’s presence is authorized by the owner of such confined area or locality.
PROPER CONTROL OF A DANGEROUS ANIMAL.
(1) While on the owner’s premises, a dangerous animal shall be confined indoors or in a securely enclosed and locked pen, structure or motor vehicle suitable to prevent the entry of young children and to prevent the animal from escaping.
(2) While off the owner’s premises, a dangerous animal shall be under the physical control of the owner or other responsible person.
PROPER CONTROL OF A POTENTIALLY DANGEROUS ANIMAL.
(1) While on the owner’s premises, a potentially dangerous animal shall be controlled by a chain, leash, or other confinement suitable to prevent the animal from leaving the owner’s premises; or
(2) While off the owner’s premises, a potentially dangerous animal shall be under the physical control of the owner or other responsible person.
PROTECTIVE CUSTODY. The taking of an animal into custody by an animal control officer to prevent the mistreatment, neglect or abandonment of such animal; or, impoundment of an animal because of the owner’s inability to care for the animal due to incarceration or transport to a medical treatment facility.
QUARANTINE. The confinement of an animal for observation to detect symptoms of disease.
RABIES REGISTRATION. The vaccination of an animal with an anti-rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of a rabies registration certificate by the pet animal owner.
SERIOUS BODILY INJURY. Such 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 burns of the second or third degree.
TETHERING. The tying and leaving of a pet animal upon any property other than the owner’s own property.
TRAINING. The education, instruction or discipline of a dog in accordance with recognized methods.
TRESPASS. The entry of an animal upon any private property other than that of the animal’s owner or public property which is appropriately posted as not permitting animals.
VICIOUS ANIMAL. Any dangerous dog, potentially dangerous dog, “dangerous animal” or “potentially dangerous animal” as defined in this chapter.
(Ord. 5(1995) § 2)