HomeMy WebLinkAboutORDINANCE 21-770
QRD1i’J!CE O.21-77
AN ORDINANCE AMENDING SECTIONS 7.12.040 and 7.12.090
OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO,RELATING TO CONTROL OF DOGS AND TO VICIOUS
DOGS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1.Section 7.12.040 of the Municipal Code of the
Town of Estes Park,Colorado,is hereby amended to read as follows:
7.12.040 Positive control by owner.It is unlawful for the
owner,custodian,or possessor of any dog to permit the dog to be off or
away from the premises of its owner,custodian,or possessor,unless it is
under the direct and effective control of its owner,custodian,or possessor,
a.By a leash no longer than ten feet in length and
of sufficient strength to completely restrain the dog;
b.By confinement within a vehicle,within fencing,or
other adequate enclosure;or
c.By auditory command control ,when the dog is accom
panied by its owner,custodian,or possessor,and the dog
is obedient to such auditory commands.
For the purposes of the foregoing provision,a dog shall be
deemed to be not under the direct and effective control of its owner,cus
todian or possessor when,
a.Such dog inflicts damage or injury,by any means
whatsoever,to the person or property of anyone other than
its owner,custodian,or possessor,EXCEPT in defense of
persons who would themselves be permitted to use a similar
degree of force as that used by the dog;
b.A female dog is in heat and is not securely confined
in a closure capable of restricting the entry of other dogs;or
c.A dog is tethered by a leash which blocks a public
thoroughfare.
Section 2.Section 7.12.090 of the Municipal Code of the Town
of Estes Park,Colorado,is hereby amended to read as follows:
7.12.090 Vicious dogs prohibited.It is unlawful for any person
to keep,possess,or permit to be at large,any vicious dog within the Town.
A vicious dog shall be deemed a public nuisance,and shall thereafter be taken
up and destroyed,whether such dog is licensed,registered,or otherwise.Any
vicious dog found at large,which cannot be safely taken up and impounded,
may be slain by any police officer of the Town,or by any other person duly
authorized by the Chief of Police for this purpose.
For the purposes of the foregoing provision,any dog which attacks
human beings or animals,whether domestic or wild,upon public or private
property,whether by causing physical injury or by approaching its victim in
a vicious or terrorizing manner or attitude of attack,shall be deemed a
vicious dog,EXCEPT when in defense of persons who would themselves be per
mitted to use a similar degree of force as that used by the dog.
0
A dog kept or possessed for protection or security purposes,
which by its nature or training would otherwise come under the foregoing
provision,shall not be deemed a vicious dog so long as it is securely
confined in an enclosure which keeps it physically segregated from persons
other than its owner,custodian or possessor.
Section 3.This ordinance shall take effect and be in force
30 days after its final passage,adoption,approval and signature of the
mayor,and publication.-
PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS
________
DAY
OF
__________,
1977.
Mayor
TOWN OF ESTES PARK,COLORADO
(SEAL)
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