CHAPTER 7
ANIMALS
6-7-1: DEFINITIONS
6-7-2: RABIES CONTROL
6-7-3: REPORTING ANIMAL BITES
6-7-4: DOG LICENSING
6-7-5: ANIMALS RUNNING AT LARGE
6-7-6: REMOVAL OF ANIMAL EXCREMENT; DAMAGE TO PROPERTY
6-7-7: DISTURBANCE; PUBLIC NUISANCE
6-7-8: VICIOUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS
6-7-9: IMPOUNDED ANIMALS
6-7-10: KENNELS
6-7-11: PET SHOPS
6-7-12: RESTRICTIONS ON SALE AND POSSESSION OF ANIMALS
6-7-13: CARE AND TREATMENT
6-7-14: CAPTURING ANIMALS
6-7-15: FEES
6-7-16: INTERFERENCE
6-7-17: PENALTIES
6-7-18: GUARD DOGS
6-7-1: DEFINITIONS: (1463 1890 1973 2066 2576 3062 3288) The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Animal” shall mean any organism in the kingdom animalia, other than a human being.
“Animal Management Officer” shall mean an employee or agent of the City authorized by the Chief of Police to enforce the provisions of this Chapter.
“Animal Shelter” shall mean the animal shelter designated by contract for care and shelter of abandoned or neglected animals or animals impounded by the City, and authorized by this Chapter to provide other services for animals on behalf of the City. The designated shelter is, until changed by the City or the shelter, the Foothills Animal Shelter, formerly known as Table Mountain Animal Center.
“Cat” shall mean a domestic cat (felis catus) of either sex, including one neutered that can be vaccinated against rabies.
“Dog” shall mean a domestic dog (canus domesticus) of either sex, including one neutered that can be vaccinated against rabies.
“Domestic Animal” shall mean domesticated dogs, cats, rabbits, guinea pigs, hamsters, rats, mice, ferrets, birds, reptiles, amphibians, and invertebrates, except livestock and exotic endangered and prohibited animals.
“Endangered Species” shall mean any species of animal, bird or reptile that is currently listed as endangered by the United States Department of Interior or the Colorado Department of Natural Resources.
“Exotic Animals” shall mean arachnids, crocodilians over one foot (1’) in length and other reptiles that are not prohibited animals that are not commonly kept or harbored as a household pet.
“Guard Dogs” shall mean any dog placed within an enclosed area for the protection of persons or property by attacking or threatening to attack any person found within the enclosed area patrolled by such dog.
“Harboring” shall mean the act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter or care.
“Humane Trap” shall mean a box-type trap that does not cause bodily harm to the animal intended to be captured or to any other animal or person coming in contact with such trap.
“Kennel” shall mean premises where more than five (5) nonlivestock animals, excluding offspring not exceeding four (4) months of age belonging to one (1) of the adult animals, are kept for any purpose, including boarding or training. The term “kennel” does not include pet shop.
“Livestock” shall mean any animal commonly kept or harbored, as a source of food, hides, income through agricultural sale, as a pack animal or draft animal or for use as transportation. Livestock includes, but is not limited to, horses, mules, sheep, goats, cattle, swine, chickens, ducks, geese, pigeons, turkeys, pea fowl, guinea hens, and bees. In the event of uncertainty concerning whether a particular animal is a species of livestock, the presumption shall be that such animal is a species of livestock until the owner of such animal proves by a preponderance of the evidence to the satisfaction of the Municipal Court that the animal is not a species of livestock.
“Owner” shall mean any person who has right of property in an animal or harbors an animal or allows an animal to remain about his premises for a period of seventy-two (72) hours or longer; claims responsibility for an animal; or is declared by court decree to be the responsible party for an animal or the authorized agent of any such person. The parent or guardian of any minor claiming ownership of an animal shall be deemed to be the owner of the animal for purposes of this Chapter.
“Person” shall mean any natural person, corporation, partnership, association, or other entity.
“Pet Shop” shall mean an establishment engaged in the business of breeding, buying or selling animals, other than livestock, in commercial, wholesale or retail trade.
“Potbellied Pig” shall mean a pig registered with a bona fine potbellied pig registry and weighing less than ninety-five (95) pounds.
“Potentially Dangerous Animal” shall mean any animal that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
(1) Causing an injury to a person or domestic animal that is less severe than a serious injury;
(2) Without provocation, chasing or menacing a person or domestic animal in an aggressive manner; or
(3) Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.
“Prohibited Animal” shall mean any animal that is ordinarily found in an unconfined state and is usually not kept as a household pet, including, but not limited to, lions, tigers, cheetahs, panthers, leopards, cougars, mountain lions, ocelots, any wild members of the genus felis, lynx, bobcats, foxes, minks, skunks, raccoons, bears, nonhuman primates, wolves and coyotes; poisonous snakes and lizards; lethal toads and arachnids (spiders, scorpions, and tarantulas) and nonpoisonous snakes over six feet (6’) in length. “Prohibited animal” shall not include domestic ferrets (mustelia furo), livestock, rabbits, dogs, cats, and small rodents. Alleged domestication of any prohibited animal shall not affect its status under this definition. In the event of uncertainty whether a particular animal is a prohibited animal, it shall be presumed prohibited until proven not prohibited by a preponderance of the evidence to the satisfaction of the Municipal Court.
“Proper Enclosure” shall mean secure confinement indoors or secure confinement in a locked pen, fenced yard, or structure measuring at least six feet (6’) in width, twelve feet (12’) in length, and six feet (6’) in height, capped with secure sides and constructed at the bottom so as to prevent escape by digging, which provides proper protection from the elements for the animal, is suitable to prevent the entry of young children, and is designed to prevent the animal from escaping while on the owner’s property. The proper enclosure must comply with all zoning and building ordinances/regulations of the City, be kept in a clean and sanitary condition, and be approved by the animal management officer, and such approval shall not be unreasonably withheld.
“Rabies Vaccination” shall mean inoculation of a domestic animal with an anti-rabies vaccine approved by the Colorado Department of Health and administered by a licensed veterinarian. The vaccination shall be valid for the period of time specified in writing by the veterinarian for the specific vaccine used.
“Responsible Person” shall mean a person at least eighteen (18) years old who is familiar with the animal, and has the size, strength, and experience to be able to keep the animal under complete control at all times.
“Running at Large” shall mean an animal off the premises of the owner and not under the physical control of the owner.
“Serious Injury” shall mean death or any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or requires corrective or cosmetic surgery.
“Stray Animal” shall mean any animal for which there is no identifiable owner.
“Vicious Animal” shall mean any animal that:
(1) Causes a serious injury to a person or domestic animal; or
(2) Has a previous potentially dangerous animal conviction and continues to engage in behavior that poses a threat to public safety as described in this Chapter’s definition of potentially dangerous animal; or
(3) Has engaged in or been trained for animal fighting as described and prohibited in Section 18-9-204, C.R.S.; or
(4) Has a demonstrated history of behavior that would cause a reasonable person to believe that the animal may inflict serious injury upon any person or domestic animal.
6-7-2: RABIES CONTROL: (1463 1963 2045 2576 2657 3288 3345)
(A) VACCINATIONS: It shall be unlawful for any owner of a dog or cat six (6) months of age or older to fail to have such animal vaccinated against rabies. All dogs and cats shall be vaccinated at six (6) months of age and revaccinated thereafter at the expiration of the validity of the vaccine used, as shown on the written document prepared by a licensed veterinarian. The vaccination shall be valid for the period shown on the document. Any person moving into the City from a location outside the City shall comply with this Section within thirty (30) days after having moved into the City by having the animal vaccinated or showing proof of current, valid vaccination. If the dog or cat has inflicted a bite on any person or another animal within the last ten (10) days, the owner of said dog shall report such fact to a veterinarian, and no rabies vaccine shall be administered until after a ten (10) day observation period.
(B) PROOF OF VACCINATION: It shall be unlawful for any person who owns a vaccinated animal to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this Chapter. A current rabies tag shall be attached to a collar, harness or other device and shall be worn by the vaccinated dog or cat at all times. The requirement for a dog to display a current rabies tag shall not apply to a dog that is displaying a current dog license tag affixed to a collar, harness or other device worn on the dog in compliance with Section 6-7-4, W.M.C.
(C) HARBORING UNVACCINATED DOGS AND CATS: It shall be unlawful for any person to harbor any dog or cat that has not been vaccinated against rabies, as provided herein, or that cannot be identified as having a current vaccination certificate.
(D) NON-TRANSFERABILITY: Vaccination certificates and tags are not transferable and cannot be used for any animal other than the animal that received the vaccination and for which the certificate was originally issued.
(E) EXCEPTIONS: No person charged with violating subsections 6-7-2(A), 6-7-2(B) or 6-7-2(C), W.M.C., shall be convicted if he produces in Court a bona fide and valid certificate of vaccination that was in full force and effect, as required by subsection 6-7-2(A), W.M.C., at the time of the alleged violation.
6-7-3: REPORTING ANIMAL BITES: (1463 1890 1973 2066 2576 3288)
(A) DUTY TO REPORT: It shall be unlawful for any person having knowledge that an animal has bitten a human to fail to immediately report the incident to the Westminster Police Department, the animal management officer, or to the Colorado Department of Health. Every physician or other medical practitioner who treats a person for such bites shall, within twelve (12) hours, report such treatment to the Westminster Police Department, the animal management officer, or the Colorado Department of Health, giving the name and precise location of the bitten person and such other information as the officer or agency may require.
(B) EXCLUSIONS: Bites to humans from rodents, rabbits, birds and reptiles are excluded from the reporting requirements of this Section, unless otherwise specified by the Colorado Department of Health.
(C) SUSPECTED RABIES: It shall be unlawful for any veterinarian who clinically diagnoses rabies, or any person who suspects rabies in an animal, to fail to immediately report the incident to the Westminster Police Department, the animal management officer, or to the Colorado Department of Health, stating precisely where such animal may be found. If a known or suspected rabid animal bites or attacks another animal, such shall also be reported as required above.
(D) CONFINEMENT OF ANIMALS: Any dog or cat that has bitten a person may either be observed for a period of ten (10) days from the date of the bite, or analyzed for rabies virus by a laboratory. Ferrets, potbellied pigs, wolf hybrids, wolves and other wildlife that have bitten a person must be observed for a period of not less than thirty (30) days, or tested for rabies if required by Colorado Division of Wildlife or Department of Health regulations. The procedure and place of observation or analysis shall be designated by the investigating officer or responsible agency. If the animal is not confined on the owner's premises, confinement shall be by impoundment in the City Animal Shelter, a pet shop with a Class B license, or at any veterinary hospital of the owner's choice within the City of Westminster. Such confinement shall be at the expense of the owner. Stray animals whose owners cannot be located shall be confined as designated by the City. The owner of any animal that has been reported to have inflicted a bite on any person shall on demand produce said animal for impoundment, as prescribed in this Section or for laboratory analysis. Refusal to produce said animal constitutes a violation of this Section, and each day of such refusal shall constitute a separate and continuing violation.
(E) REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be unlawful for any person to kill, remove or release any animal that has been confined, impounded, or is in the custody of the City or its agents as authorized under this Chapter, without the consent of the City or the impounding agency.
(A) DOG LICENSE REQUIRED:
(1) It shall be unlawful for any owner of any dog over the age of six (6) months, or within thirty (30) days of acquisition of said dog, whichever occurs last, to fail to obtain a license for such animal as required by this Section.
(2) The Jefferson County Animal Control Division will administer the City of Westminster’s dog licensing program (the “dog license”) and distribute the dog license tags. Application for a dog license shall be made to the Jefferson County Animal Control Division or to such agents as designated by the County of Jefferson. Dog licenses and tags shall be issued, renewed, replaced and expire in accordance with Jefferson County’s requirements, including, but not limited to, proof of rabies vaccination and reduced dog license fee if the dog is spayed/neutered.
(3) It shall be unlawful for a dog owner to fail to renew a dog license once every three hundred sixty-five (365) days.
(4) The dog license fee, including the fee for replacement licenses, shall be in amounts as set by the Jefferson County Board of Commissioners.
(5) It shall be unlawful for an owner of an assistance dog to fail to obtain a dog license as required by this Section. A person with a disability is exempt from any licensing fees that might otherwise apply in connection with owning an assistance dog as set forth in Section 24-34-803, C.R.S.
(6) Any dog owner or any entity exempt from Jefferson County’s dog licensing requirements shall be exempt from the provisions of this Section.
(B) DOG LICENSE TAG TO BE DISPLAYED: It is unlawful for any person to harbor any dog that must be licensed per Section 6-7-4(A), W.M.C., which is not displaying a current dog license tag affixed to a collar, chain, or harness worn on the dog.
(C) DOG LICENSE TAG NOT TRANSFERABLE: It is unlawful for any person to affix to the collar, chain, or harness of any dog, or permit to remain affixed, a dog license tag for any other dog or to display such a tag to an Animal Management Officer or peace officer.
6-7-5: ANIMALS RUNNING AT LARGE: (1463 1890 1973 2657 2811 3288)
(A) ANIMALS RUNNING AT LARGE PROHIBITED:
(1) It shall be unlawful for any owner of an animal to fail to restrain the animal by physical means from running at large. In addition to being a violation of this Section, an animal running at large is declared to be a public nuisance that may be abated pursuant to the provisions specified in Chapter 4 of Title VIII of this Code. This subsection (A)(1) shall not apply to dogs running off-leash at an off-leash dog site as established in Section 13-1-3(Z), W.M.C.
(2) Neutering/spaying required. It shall be unlawful for any owner of an animal running at large to allow the animal to remain in a non-neutered or unspayed condition.
(3) It shall be the burden of the owner to prove that the animal is neutered or spayed by the production of a veterinarian’s opinion or other documentary evidence.
(B) CONFINEMENT DURING ESTRUS: It shall be unlawful for any owner to fail to securely confine any unspayed female dog or cat in the state of estrus (heat), in a house, building or secure enclosure, in such a manner that such female dog or cat cannot come in contact with another animal except for planned breeding, and such that the animal does not create a nuisance by attracting other dogs or cats. When outside on the property of the owner for metabolic waste elimination, the animal must be physically restrained on a hand-held leash. Owners who do not comply may be ordered to remove the dog or cat in heat to a boarding kennel, veterinary hospital or Animal Shelter. All expenses incurred as a result of the confinement shall be paid by the owner of the dog or cat. Failure to comply with the removal order shall be a violation of this Section and the dog or cat shall then be impounded as prescribed in this Chapter.
(C) SICK OR INJURED ANIMALS: Sick or injured animals found on public property may be impounded and given adequate veterinary medical treatment pending notification of the owner. If the animal is significantly injured or sick such that recovery is improbable, the animal may be euthanized, without liability to the City, Animal Shelter, their employees, officers, or agents, or to any veterinarian examining, diagnosing, or treating the animal. An animal management officer or police officer may humanely destroy any animal the officer reasonably believes to be so sick or injured that recovery is improbably, even if veterinary care could be provided, in order to avoid further pain and suffering by the animal, without liability to the City or the officer. If the injured animal is treated or impounded, the owner of such animal shall be liable for all expenses of the treatment or impoundment.
6-7-6: REMOVAL OF ANIMAL EXCREMENT; DAMAGE TO PROPERTY: (1463 1973) It shall be unlawful:
(A) For any owner of any animal to refuse or fail to remove promptly excrement deposited by said animal upon any common thoroughfare, street, sidewalk, play area, park, other public property, or any private property when permission of the owner or tenant of said property has not been obtained, and such is hereby declared to be a public nuisance.
(B) For any owner of any animal to permit said animal, whether or not it is running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public premises or private premises owned or occupied by a person other than the owner of said animal, and such is hereby declared to be a public nuisance.
(C) To place animal excrement in storm sewers, or to dispose of excrement in any manner except by depositing it in a toilet or a receptacle ordinarily used for garbage and covered by a lid, or in an otherwise lawful and sanitary manner.
(D) To fail to remove promptly all fecal wastes from private premises, including the premises of the owner of an animal or any other person consenting to the deposit of such waste on his or her premises, or to fail to place such waste in a closed fly-tight container or to fail to remove the contents of said containers from the City as necessary to prevent such contents from becoming a nuisance.
(E) To fail to maintain the premises upon which animals are kept in a clean and sanitary condition, which premises shall be subject to inspection at all reasonable hours by City representatives.
6-7-7: DISTURBANCE; PUBLIC NUISANCE: (1463 1635 1973 2576 3288)
(A) It shall be unlawful for any owner of any animal to allow the animal to disturb any person by barking, howling, yelping, or other audible sound. In addition to being a violation of this Section, the same is hereby declared to be a public nuisance that may be abated pursuant to the provisions specified in Chapter 4 of Title VIII of this Code.
(B) (1) No person shall be charged with violating this Section unless a written warning was given to the owner or person in custody of the animal by an Animal Management Officer or police officer within twelve (12) months preceding the first date alleged as a date of violation
in the complaint. A warning is given under this subsection if it is personally given to the owner or person in custody of the animal, or it is posted upon the property of the owner or person in custody or mailed first-class to such person. Such records are prima facie evidence that such warnings were given.
(2) No summons shall be issued and no person shall be convicted at trial for violating this Section unless two (2) or more witnesses from different households testify to the loud and persistent or loud and habitual nature of the noise, or unless there is other evidence corroborating the testimony of a single witness. An Animal Management Officer or a police officer who can corroborate the elements in this Section may issue summons and testify as the second witness.
(C) It shall be unlawful for any owner to fail to exercise proper control of the animal to prevent it from becoming a public nuisance. In addition to public nuisance declared in other provisions of this Code, the following shall be deemed a public nuisance:
(1) An animal harassing passersby by encroaching on public or private property, including snarling or growling while leaning on, over or through fences or walls.
(2) Unattended animals chained or tied in public places, or in private property open to the public, or in the common ground of condominiums, townhomes, apartment complexes and mobile home parks.
6-7-8: VICIOUS ANIMALS AND POTENTIALLY DANGEROUS ANIMALS: (1463 1635 1973 2576 2657 3062 3288)
(A) OWNER RESPONSIBILITY AND LIABILITY: Any owner of a vicious animal or potentially dangerous animal shall be jointly and severally responsible with all other owners of such animal for compliance with the requirements of this Section. For the purpose of prosecution for violation of this Section, it shall not be necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner of the vicious animal or potentially dangerous animal that said animal was violating any of the provisions of this Section.
(B) REQUIREMENTS FOR POSSESSION OF A POTENTIALLY DANGEROUS ANIMAL: It shall be unlawful for any person to own, possess, keep, harbor, or have custody or control of a potentially dangerous animal, except in compliance with all of the following requirements:
(1) The owner shall be eighteen (18) years of age or older.
(2) The owner shall not permit a potentially dangerous animal to be outside a proper enclosure on the owner’s property unless such animal is under the physical control of a responsible person and restrained by a lead not exceeding four feet (4’) in length.
(3) The potentially dangerous animal and owner shall complete a socialization and/or behavior program approved by the animal management officer.
(4) The potentially dangerous animal shall be spayed or neutered by a licensed veterinarian or a licensed shelter.
(5) The potentially dangerous animal shall be permanently identified through the implantation of a microchip containing owner identification information by a licensed veterinarian or a licensed shelter. The microchip information must be registered with the appropriate company responsible for maintaining such information for the microchip.
(6) The owner of a potentially dangerous animal shall notify the animal management officer in person or by telephone as soon as practicable, but no later than one (1) hour after owner’s knowledge of the occurrence of either of the following events:
(a) The animal has escaped or has otherwise ceased to be in the custody of the owner for any reason, unless the owner knows such animal to be physically secured and restrained or confined in the custody of another competent adult; or
(b) The animal has attacked a human being or domestic animal.
(7) The owner of a potentially dangerous animal shall notify the animal management officer in person or by telephone within twenty-four (24) hours of the occurrence of any one (1) of the following events:
(a) The animal has been sold, given, or otherwise transferred to the ownership or possession of another person, including the name, address, and telephone numbers of the new owner and the effective date of the transfer; or
(b) The animal has died.
(C) REQUIREMENTS FOR POSSESSION OF A VICIOUS ANIMAL: In addition to satisfying the requirements for possession of a potentially dangerous animal pursuant to Section 6-7-8(B), W.M.C., it shall be unlawful for any person to own, possess, keep, harbor, or have custody or control of a vicious animal, except in compliance with all of the following requirements:
(1) Notwithstanding Section 6-7-8(B)(2), W.M.C., the owner shall not permit a vicious animal to be outside a proper enclosure on the owner’s property, unless such animal is caged or under the physical control of a responsible person, properly muzzled, and restrained by a lead not exceeding four feet (4’) in length. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human being or animal.
(2) The owner of a vicious animal shall maintain at all times either a policy of insurance or a surety bond in a minimum amount of one hundred thousand dollars ($100,000) to cover claims for any personal injuries or property damage inflicted by the vicious animal. The insurer or surety, as the case may be, shall be required to provide the animal management officer with thirty (30) days prior written notice of any cancellation, termination or expiration of the policy of insurance or surety bond, respectively.
(D) IMPOUNDMENT; NUISANCE DECLARED: Any animal that has exhibited behavior that would cause a reasonable person to believe that the animal is a vicious animal or a potentially dangerous animal may be summarily impounded when the animal management officer reasonably believes the animal is a present threat to the health or safety of the community. Such animal is hereby declared to be a public nuisance, which may be abated by the Court in proceeding brought under the procedures established in this Code for the abatement of nuisances. If impoundment of said animal cannot be made with safety to the animal management officer or other persons, the animal may be destroyed by an animal management officer or peace officer without notice to the owner or harborer.
(E) EXCEPTIONS: No animal shall be found to be a vicious animal or potentially dangerous animal under this Chapter if:
(1) The animal is used by a peace officer while the officer is engaged in the performance of peace officer duties.
(2) At the time of the threat, behavior, or attack against a domestic animal, said animal was at large and entered upon the property of the owner and the threat, behavior, or attack began, but did not necessarily end, upon such property.
(3) At the time of the threat, behavior, or attack against a domestic animal, said animal was biting or otherwise attacking the dangerous animal or its owner.
(4) At the time of the threat, behavior, or attack against a person, the victim was committing or attempting to commit a criminal offense against the animal’s owner, and the threat, behavior, or attack did not occur on the owner’s property.
(5) At the time of the threat, behavior, or attack against a person, the victim was committing or attempting to commit a criminal offense against a person on the owner’s property or the property itself and the threat, behavior, or attack began, but did not necessarily end, upon such property.
(6) At the time of the threat, behavior, or attack against a person, the victim tormented, provoked, abused, or inflicted injury upon the animal in such an extreme manner that it resulted in the threat, behavior, or attack.
(7) The exceptions set forth in this Section 6-7-8(E), W.M.C., shall not apply to any animal that has engaged in or been trained for animal fighting as described and prohibited in Section 18-9-204, C.R.S.
6-7-9: IMPOUNDED ANIMALS: (1463 1890 1973 2576 3288)
(A) IMPOUNDMENT: If there is probable cause to believe that an animal is owned or harbored in violation of this Chapter or any other ordinance, regulation, state statute or regulation, the animal may be taken into custody by an animal management officer or other designated official and impounded in the Animal Shelter. Stray animals may be similarly impounded.
(B) DISPOSITION OF IMPOUNDED ANIMALS: As soon as practicable after impoundment, a bona fide effort shall be made to give notice of impoundment to the owner. Any impounded animal shall be released to the owner upon payment of the impoundment fee, boarding fee, veterinary care charges, and any other costs associated with impoundment. If such animal is not redeemed within five (5) days, it shall be considered abandoned and may be euthanized or placed for adoption at the discretion of the Animal Shelter. The failure of the owner to redeem an animal shall release the City and the Animal Shelter, and their officers, employees, and agents, from any and all liability for the animal's subsequent euthanization or adoption.
(C) DISPOSITION OF IMPOUNDED ANIMAL BEING HELD PENDING COURT PROCEEDINGS: If an animal is impounded, and is being held pending Court proceedings for any violation of the provisions of this Chapter, the animal may not be released except on the order of the Court. The Court may order said animal to be euthanized in a humane manner if, after a judicial hearing, it finds that: (1) such animal is vicious and that it represents a clear and present danger to the citizens or other animals in the community; or (2) the animal is experiencing extreme pain or suffering. Any animal that remains unclaimed for five (5) days after its release has been ordered by the Court may be euthanized or placed for adoption at the discretion of the Animal Shelter. The owner shall be liable for the costs of the care, keeping or disposal of the animal.
(D) SALE: Animals impounded and kept for five (5) days in a pet store with a Class B license that have not been claimed by an owner shall be deemed abandoned and may, at the discretion of the pet shop, be retained on the sixth (6th) day of impoundment and sold in lieu of reimbursement for all applicable boarding costs and veterinary fees.
(E) FAILURE TO PRODUCE ANIMAL: The owner of any animal subject to impoundment under paragraph (A) of this Section shall, on demand of the animal management officer, or other person who may be so authorized by this Chapter, produce the animal for impoundment as prescribed in this Section. It shall be unlawful for the owner of any such animal to fail or refuse to produce the animal on demand.
6-7-10: KENNELS: (1463 1890 1973 2576 3288)
(A) OPERATION OF KENNEL REQUIREMENTS: It shall be unlawful to maintain or operate a kennel without first obtaining a license from the City. A kennel may not be located within a residentially zoned district, or the residential area of a PUD zone district unless specifically allowed in the PUD.
(B) LICENSES: ISSUANCE; RENEWAL: Kennel licenses shall expire on the thirty-first (31st) day of December each year. No kennel license shall be issued until an inspection certificate has been issued by the animal management officer or designee. The license issued shall specify the maximum number of animals permitted. It shall be unlawful for the licensee to keep any number of animals in excess of the maximum specified on the license. All applicants for a kennel license within the City, if required to be licensed by the Colorado Department of Health, must have a valid license issued by said Department to qualify for licensing by the City. The possession of a State license, however, shall not in itself assure that a City license will be granted to anyone. Standards and regulations affecting kennels may be adopted by the City that are more restrictive than applicable State standards.
(C) REVOCATION OR SUSPENSION OF LICENSES: The City Manager may suspend or revoke the license of any person operating a kennel licensed under this Chapter that is in violation of any provision of this Chapter, zoning law, health law, or any other applicable ordinance or statute, or who maintains the kennel in such a manner as to be detrimental to the health, safety or welfare of persons residing in the immediate vicinity, or detrimental to the health, safety and welfare of animals being kept by the licensee. Such suspension or revocation shall follow the procedures established in Title V, Chapter 1 of this Code.
(D) EXCEPTIONS: The following must possess a current kennel license issued by the City, but are not required to pay any fee for such license:
(1) A veterinary hospital operated by a veterinarian currently licensed by the State of Colorado.
(2) A bona-fide publicly or privately owned zoological park.
(3) A bona-fide research institution using animals for scientific research.
(4) A publicly owned Animal Shelter.
(5) A bona-fide Animal Shelter operated by an organized humane society.
(6) Schools.
(E) CARE OF ANIMALS: It shall be unlawful for any person who operates a kennel to fail to maintain the facilities in a sanitary condition, to fail to provide proper heating and ventilation, space appropriate to the size, weight and species of animal, adequate nutrition, and humane care and treatment for all animals in his care.
6-7-11: PET SHOPS: (1463 1890 1973 3288)
(A) It shall be unlawful to own or operate a pet shop without having obtained a valid Class “A” or Class “B” pet shop license from the City.
(1) A Class “A” license shall not entitle the licensee to sell or offer for sale any exotic animals. A pet shop with a Class “A” license shall be confined in a building that is totally enclosed, and all pet shop animals shall be confined exclusively within that building. The pet shop may not have outside runs or pens and none of the pet shop animals may be harbored outside the building at any time for any reason.
(2) A Class “B” license shall entitle the licensee to sell or offer for sale any exotic animals. At the request of the City, a pet shop with a Class “B” license shall board any impounded exotic animals. Reimbursement for board of such animals shall be at the rates established in this Chapter. Impounded animals shall be clearly identified and kept separate from other pet shop animals. The licensee shall provide written notice to the animal management officer of any release or disposition of any impounded animal. A Class “B” pet shop may have an outside run or pen to be used solely for harboring reptiles, so long as the outside run or pen is fully enclosed and secure. Prior to issuance of a Class “B” license, the applicant shall provide a bond, issued to the City by a qualified corporate surety licensed to do business in the State of Colorado in a penal sum not less than ten thousand dollars ($10,000), conditioned upon the faithful boarding of impounded animals pursuant to this Chapter and regulations issued by the Chief of Police.
(B) LICENSES; ISSUANCE; RENEWAL REQUIREMENTS: Pet shop licenses shall expire on the thirty-first (31st) day of December of each year. No pet shop license shall be issued until an inspection certificate has been issued by the animal management officer or his designee. All applicants for a pet shop license within the City, if required to be licensed by the Colorado Department of Health, must have a valid license issued by said Department to qualify for licensing by the City. The possession of a State license, however, shall not in itself assure that a City license will be granted to anyone. Standards and regulations affecting pet shops may be adopted by the City that are more restrictive than applicable State standards.
(C) REVOCATION OR SUSPENSION OF LICENSES: The City Manager may suspend or revoke the license of any person operating a pet shop licensed under this Section that is in violation of any provision of this Chapter, zoning law, health law or any other applicable law of the City or of the State of Colorado, or who maintains the pet shop in such a manner as to be detrimental to the health, safety or welfare of persons residing in the immediate vicinity or detrimental to the health, safety, and welfare of animals being kept by the licensee. Such suspension or revocation shall follow the procedures established in Title V, Chapter 1 of this Code.
(D) CARE OF ANIMALS: It shall be unlawful for any person who operates a pet shop to fail to maintain the facilities in a sanitary condition, to fail to provide proper heating and ventilation, space appropriate to the size, weight and species of animal, adequate nutrition, humane care and treatment for all animals in his care, and to fail to take reasonable care to release for sale, trade or adoption only those animals that are free of disease or injuries.
6-7-12: RESTRICTIONS ON SALE AND POSSESSION OF ANIMALS: (1463 1890 1973 2066 3062 3288)
(A) ANIMALS IN RESIDENTIAL DISTRICTS:
(1) It shall be unlawful for anyone to knowingly possess, harbor, keep, maintain, or permit on any property within the City zoned for residential use:
(a) A combination of more than three (3) dogs or cats;
(b) More than one (1) potbellied pig;
(c) More than three (3) rabbits;
(d) More than five (5) exotic animals or a combination of more than five (5) domestic and exotic animals; or
(e) More than ten (10) domestic animals.
(2) In addition to being a violation of this Section, the same is hereby declared to be a public nuisance that may be abated pursuant to the provisions specified in Chapter 4 of Title VIII of this Code.
If the keeping of animals under this subsection (A) is in conflict with any provision of this Chapter concerning exotic, endangered, or prohibited animals, or any state or federal statute or regulation, such other provision, statute or regulation shall control. This subsection (A) shall not include fish.
(B) LIVESTOCK LIMITED: It shall be unlawful to keep or maintain livestock in residential, business, commercial, and industrial zoned districts, and Planned Unit Developments unless specifically allowed in the PUD, excepting that livestock shall be permitted in parcels zoned 0-1 or in parcels of ten (10) acres or more in size in all zoning districts prior to commencement of construction on the parcel. In any case, the number of animals kept in a PUD shall not exceed the number permitted by the provisions of the Official Development Plan. Livestock, excluding fowl, shall have one-half (1/2) acre of pasture available for each animal.
(C) PROHIBITED ENDANGERED AND EXOTIC ANIMALS: It shall be unlawful for any person to import, offer for sale, sell, keep, maintain, harbor or permit anywhere in the City any prohibited animal, or endangered species as defined in this Chapter. It shall be unlawful for any person to offer for sale, sell, or permit the sale of any exotic animal unless in a pet shop with a Class “B” license.
(D) FEDERAL AND STATE STATUTES AND REGULATIONS: It shall be unlawful for any person to import, offer for sale, sell, keep or willfully maintain, harbor or permit in the City any animal in violation of any state or federal statute or regulation.
(E) EXCEPTIONS: The prohibitions in subsections (B) and (C) of this Section shall not apply to any of the following:
(1) A bona fide publicly or privately owned zoological park.
(2) A bona fide research institution using animals for scientific research.
(3) A circus duly authorized to do business in the City.
(4) A veterinary hospital operated by a veterinarian currently licensed by the State of Colorado.
(5) Wildlife rehabilitators, falconers, or scientific collection permit holders who are currently licensed by the Colorado Division of Wildlife.
(F) POTBELLIED PIGS: It shall be unlawful for any person to possess, harbor, keep, maintain or permit at his dwelling within the City any potbellied pig or any pig purporting to be a potbellied pig, unless the owner complies with the requirements of this Section. It shall be unlawful for any owner to fail to comply with these requirements.
(1) The pig must be registered through a bona fide potbellied pig registry.
(2) The owner of any potbellied pig four (4) months of age or older shall procure a license for the pig. Upon proof of registration and neutering, the City shall issue a dated and numbered receipt and corresponding tag. In the event of loss or destruction of the original license tag, the owner shall obtain another tag from the City. Pig licenses are not transferable. It shall be unlawful for any person to use or attempt to use a tag for any pig other than the pig for which the tag was originally issued.
(3) The license tag shall be attached to a harness and worn by the pig at all times.
(4) A potbellied pig shall be neutered prior to four (4) months of age.
(5) A potbellied pig shall not exceed ninety-five (95) pounds in weight.
(6) No more than one (1) potbellied pig shall be permitted on any residential property.
(7) A potbellied pig kept on residential property shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale, or human consumption.
6-7-13: CARE AND TREATMENT: (1463 1973 2576)
(A) CRUELTY TO ANIMALS: It shall be unlawful for any person knowingly or with criminal negligence to overload, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate, needlessly kill, carry or confine in or upon any vehicle in a cruel or reckless manner, or to otherwise mistreat or neglect any animal, or, having the charge or custody of any animal, fail to provide it with proper food, drink or protection from the weather, or to abandon it.
Ownership of the animal or the commission of such acts on private property shall not be a defense to prosecution for violation of this Section.
(B) POISONING: It shall be unlawful for any person to knowingly poison any domestic animal or livestock, or to knowingly distribute poison or toxicants on public or private property in any manner whatsoever that causes the poisoning of any domestic animal or livestock.
(C) NEGLECT OF ANIMALS: It shall be unlawful for the owner of any animal to deprive such animal of adequate and wholesome food and water, protection from the elements, opportunity for exercise, adequate veterinary care, or to otherwise neglect the animal in such a manner as to endanger its health or cause it to suffer.
(D) SANITATION: It shall be unlawful for the owner of any animal to fail to maintain the premises upon which animals are kept in a clean and sanitary condition, which premises shall be subject to inspection at all reasonable hours by City representatives.
(E) ABANDONING ANIMALS: It shall be unlawful for any person to knowingly abandon an animal by leaving the animal with intent not to return within a reasonable time. Abandonment includes, but is not limited to, the dumping of an animal from a moving or stationary motor vehicle. This Section shall not apply to voluntary relinquishments to the Animal Shelter or to a licensed veterinarian.
(F) CONFINEMENT OF ANIMALS: Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, chain or cable, it shall be affixed in such manner that it will prevent the animal from becoming entangled or injured, and permit access to adequate shelter, food and water.
(G) DISPLAY OR SALE OF DYED OR IMMATURE ANIMALS: It shall be unlawful for any person to possess, display, sell, barter or give away, dyed, colored or in any way artificially treated baby chicks, ducklings, fowl, rabbits or any other animal as pets, playthings, novelties, gifts or for any other purpose.
(H) FIGHTING ANIMALS: It shall be unlawful for any person to cause, instigate, allow or encourage any animal to fight with another of its own species or with another of a different species. It shall be unlawful for any person to train or keep any animal for the purpose of fighting. It shall be unlawful for any person to maintain a place where animals are permitted to fight for exhibition, wager or sport.
6-7-14: CAPTURING ANIMALS: (1973 2576 3288)
(A) An Animal Management Officer or peace officer is authorized to enter in or upon private property, including motor vehicles and fenced areas but not private buildings, to apprehend an animal running at large, a vicious animal, an animal suspected of being infected with rabies, or an animal that the officer reasonably believes is neglected, sick or injured such that the animal faces a serious risk of death or substantially suffering.
(B) An Animal Management Officer or peace officer is authorized to use tranquilizer guns, humane traps or other suitable devices to subdue or apprehend a stray animal, pet animal running at large, or wild animal, and is authorized to destroy an animal that the officer reasonably believes to be an immediate danger to the officer or to the public.
(C) An Animal Management Officer or peace officer is authorized to place a humane trap on private property for the purpose of capturing a stray animal, wild animal, or pet animal running at large, when requested to do so by the owner or possessor of the property.
(D) It shall be unlawful for any person to set or cause to be set any steel-jaw leg hold trap, snare, or any trap other than a humane trap for the purpose of capturing an animal, whether wild or domestic, excepting a licensed or recognized business that has been given permission by the Colorado Division of Wildlife, the Colorado Department of Health, or the animal management officer to trap problem wildlife. Any trapping authorized under this Chapter must be in compliance with the Colorado Constitution and Statutes.
6-7-15: FEES: Fees for license, impound, adoption, and other services rendered under this Chapter shall be as listed below. Fees are in addition to any fines or penalties imposed in Court proceedings. (1463 1890 1973 2576)
(A) Licenses: Fees
Kennel License $ 25.00
Pet Shop License – Class “A” $ 25.00
Pet Shop License – Class “B” $500.00
(B) Impound fees, boarding fees, adoption fees, relinquishment fees and fees for veterinary care shall be as established by the Animal Shelter.
6-7-16: INTERFERENCE: (1463 1563 1973 2066 2657 3062 3288)
(A) It shall be unlawful for any person, by using or threatening to use, violence, force, or physical interference, or obstacle, to knowingly obstruct, impair, or hinder an animal management officer or peace officer in the discharge of his duties as herein prescribed.
(B) It is no defense to a prosecution under this Section that the animal management officer or peace officer was acting in an illegal manner, if he was acting in the regular course of assigned duties and in good faith based upon surrounding facts and circumstances.
(C) It shall be unlawful for any person to refuse to reveal his correct name, address, and date of birth when requested to do so by an animal management officer or peace officer engaged in any of his duties prescribed herein.
6-7-17: PENALTIES: (3288 3345)
(A) The following provisions of this Chapter are hereby deemed criminal violations of this Code. Any person who violates any of the provisions of this Chapter listed in this subsection (A) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or by confinement in jail, or by both such fine and imprisonment as specified in Section 1-8-1, W.M.C., subject to any recommended minimum fines:
Section 6-7-3 Animal Bites
Sections 6-7-8(B) and (C) Vicious Animals and Potentially Dangerous Animals
Section 6-7-9(E) Failure to Produce Animal
Section 6-7-10(E) Care of Animals
Section 6-7-11(D) Care of Animals
Section 6-7-13 Care and Treatment
Section 6-7-16 Interference
(B) The Animal Management Officer, or the City Attorney or his designee, may recommend that one (1) or more special sanctions or conditions be levied against any owner convicted of a violation pursuant to Section 6-7-8(B) or 6-7-8(C), W.M.C. This recommendation may be presented to the Municipal Judge as a proposed condition of sentencing upon conviction and may be in lieu of or in addition to the requirements and penalties specified in this Chapter. Proof that a recommended sanction or condition has been previously satisfied or would not serve its intended purpose may be presented to the Municipal Judge for consideration in sentencing.
(C) If the Animal Management Officer, or the City Attorney or his designee, recommends destruction of the animal in an expeditious and humane manner, or permanent removal of the animal from the City, the Municipal Judge shall conduct a judicial hearing to determine the disposition of the animal. At such judicial hearing, the Municipal Judge may take into consideration the severity of the incident, the prior history of the owner and/or animal, and the recommendation of the animal management officer, City Attorney, or an animal behavior professional. The provisions of this paragraph shall not in any way limit the power of the Municipal Judge, on his own motion, to impose special sanctions as he deems appropriate.
(D) The failure or refusal to produce an animal pursuant to Section 6-7-9(E), W.M.C., shall subject the owner to immediate arrest, should probable cause exist to believe that the owner is harboring or keeping the animal and refuses to produce it upon such demand. Upon arrest, the owner shall be held to appear before the Municipal Judge, who may order the immediate production of the animal. Each day of such willful refusal to produce the animal shall constitute a separate violation and offense.
(E) All violations of this Chapter not listed in subsection (A), above, are hereby deemed civil infractions of this Code and, upon conviction thereof, may be punished by a recommended fine.
(F) RECOMMENDED MINIMUM FINES: Recommended minimum fines upon conviction may be imposed as listed below:
(1) First Offense – recommended fine of not less than seventy-five dollars ($75). Second and subsequent offenses – recommended fine of not less than one hundred dollars ($100):
6-7-2(B) Refusal to Provide Proof of Vaccination
6-7-2(C) Harboring Unvaccinated Dogs and Cats
6-7-2(D) Non-Transferability – Vaccination Certificates or Tags
6-7-3(A) Duty to Report Animal Bite
6-7-3(C) Failing to Report Suspected Rabies
6-7-3(D) Refusal to Produce Animal
6-7-3(E) Removal of Animals from Confinement
6-7-4(B) Failure to Display Dog License Tag
6-7-5(B) Failure to Confine
6-7-6(A) Removal of Animal Excrement
6-7-6(B) Damage to Property
6-7-7(A) Disturbance
6-7-7(C) Failure to Exercise Control
6-7-10(E) Failure to Care for Animals
6-7-11(D) Failure to Care for Animals
6-7-12(F) Potbellied Pig Requirements
(2) First Offense – recommended fine of not less than one hundred dollars ($100). Second and subsequent offenses – recommended fine of not less than one hundred fifty dollars ($150):
6-7-2(A) Failure to Have Dog or Cat Inoculated
6-7-4(A) Failure to Have Dog Licensed
6-7-4(C) Transfer of Dog License Tag
6-7-9(E) Failure to Produce Animal
6-7-10(A) Unlicensed Kennel
6-7-11(A) Unlicensed Pet Shop
6-7-12(A) Animals in Residential Districts Limited
6-7-12(B) Livestock Limited
6-7-12(C) Prohibited, Endangered and Exotic Animals
6-7-12(D) Federal or State Prohibited Animals
6-7-13(A) Cruelty to Animals
6-7-13(B) Poisoning Animals
6-7-13(C) Neglect of Animals
6-7-13(E) Abandoning Animals
6-7-13(G) Displaying or Sale of Dyed or Immature Animals
6-7-13(H) Fighting Animals
6-7-16 Interference
(3) Reduced fine for neuter or spay:
6-7-5(A) Animals Running at Large: First Offense – A recommended fine of not less than two hundred seventy-five dollars ($275), except that if the animal has been neutered or spayed, the fine may be reduced to seventy-five dollars ($75). Second and subsequent offenses – recommended fine of not less than three hundred dollars ($300), except that if the animal has been neutered or spayed, the fine may be reduced to one hundred dollars ($100).
6-7-8(B) Requirements for Possession of a Potentially Dangerous Animal: First Offense – A recommended fine of not more than three hundred dollars ($300), except that if the animal has already been neutered or spayed, the fine may be reduced to one hundred dollars ($100).
6-7-8(C) Requirements for Possession of a Vicious Animal: First Offense – recommended fine of not less than three hundred dollars ($300), except that if the animal has already been neutered or spayed, the fine may be reduced to two hundred dollars ($200).
(4) Any other section hereof not specifically listed above:
First Offense – recommended fine of not less than fifty dollars ($50).
Second and subsequent offenses – recommended fine of not less than seventy-five dollars ($75).
6-7-18: GUARD DOGS: (3288) It shall be unlawful to place or maintain any dog in any area for the protection of persons or property unless the dog is physically confined to a specific enclosed area at a commercial establishment, and is under complete and absolute control.