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HomeMy WebLinkAboutORDINANCE 18-730 0 OR]DINANCE NO.18-73 AN ORDINANCE AMENDING TITLE 7 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,RELATING TO ANIMALS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Sections 7.12.020,7.12.040,7.12.070 and 7.12.090 of the Municipal Code of the Town of Estes Park, Colorado,are hereby amended to read as follows: 7.12.020 License——Fee.Every person desiring to keep a dog within the town shall make application to the town clerk for a license therefor and shall pay a fee of three dollars per year for each neutered or sterilized dog and five dollars per year for each dog which has not been neutered or sterilized. 7.12.040 Running at large prohibited——Leash control when.It is unlawful for the owner,possessor or custodian of any dog to permit the dog to run about or at large within the town limits,except as hereinafter provided for in C—i com mercial zoning district and certain specified occasions.A dog shall be deemed to be running about or at large within the meaning of the foregoing provision when the dog is off or away from the premises of its owner,possessor or custodian and beyond the positive control of its owner,possessor or custodian.For the purpose of the foregoing provisions,a dog shall be deemed under such positive control when said dog is accompanied by its owner,possessor or custodian and within sight and hearing distance of said person.A dog shall be deemed not under positive control when said dog inflicts damage or injury (by biting,jumping upon,or by any other means whatsoever)to the person or property of anyone other than the owner,except in defense of the owner,possessor or custodian or their family or property;or a female dog in heat which is not securely confined in an enclosure capable of restricting 0 0 entry of other dogs;or a dog tethered by a leash,chain or cord which blocks a public thoroughfare.It shall be unlaw ful for the owner,possessor or custodian of any dog to permit the dog to be off or away from the premises of its owner, possessor or custodian in a C—i commercial zoning district in the town,or within one hundred (100)yards of any public assembly,school while in session,parade,athletic contest, performance,or similar gathering,and not under the direct control of its owner,possessor or custodian either by leash, chain or cord,no longer than ten (10)feet in length and of sufficient strength to completely retain the dog,or within a vehicle or other confinement. 7.12.070 Impoundment——General procedure.All dogs impounded shall be kept for a period of three days unless sooner redeemed by its owner or custodian;provided,no fierce, dangerous or vicious dog shall be released unless provisions that are suitable to the chief of police have been made for the dog by its owner or custodian to protect the public against these propensities,and no female dog in heat shall be released unless the owner or custodian has facilities for the caring and confining of such dog that are satisfactory to the chief of police.No dog shall be released from the pound until the production of satisfactory proof of ownership thereof,the payment of a pound service fee of three dollars two together with-e-dollar and fifty cents per day for each day of impoundment,and submission of proof that the dog has been properly licensed and inoculated against rabies as required by this chapter.Upon the expiration of three days after notice of impoundment as above provided,if the dog has not been claimed,such dog may be released to any person upon payment of a pound service fee of three dollars and submission of evidence that the dog is properly licensed and inoculated. Any dog unclaimed after the expiration of the three days shall —2— 0 0 be disposed of in accordance with the directions of the chief of police. 7.12.090 Vicious dogs prohibited.It is unlawful to harbor,keep or permit to be kept within the town,or to permit to be at large within the town,any vicious dog.Whenever such vicious dog shall be outside the enclosure of its owner or custodian it shall be deemed a public nuisance and shall be taken up and disposed of,whether such dog is licensed, registered and numbered or otherwise.For the purpose of this chapter any dog that inflicts unprovoked bites or attacks human beings or other animals either on public or private property,or in a vicious or terrorizing manner,approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places,shall be deemed a vicious dog.In the event any vicious dog is found running at large and cannot be safely taken up and impounded,such dog may be slain by any police officer of the town or any other person duly authorized by the chief of police for this purpose. Section 2.There is hereby added to the Municipal Code of the Town of Estes Park,Colorado,Chapter 7.16 which is to read as follows: Chapter 7.16 ENCLOSURES Sections: 7.16.010 Opening enclosures prohibited-—Then. 7.16.010 Opening enclosures prohibited——Then.It shall be unlawful to in any manner open,directly or indirectly, or aid or assist in opening any pen,fence or other enclosure, with intent of releasing any animal confined therein,or which opening will permit the release of the animal so confined, without the authorization of the owner or custodian of such animal. —5— a Section 5.The board of trustees of the town of Estes Park,Colorado,herewith finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety for the control of animals affects the public peace,health and safety,and whereas an emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adoption and publication. PASSED BY THE .iOARD OF TRUSTEES AND SIGNED THIS 28th DAY OF May ,1975. Mayor/ TOWN OF ESTES PARK,COLOR&DO (SEAL) -iATTEST:,// Town Clerk -4-