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HomeMy WebLinkAboutORDINANCE 11-80a © ORDINANCE NO.11 -80 AN ORDINANCE AMENDING TITLE 7 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING TO ANIMAL CRUELTY,VACCINATION, CONFINEMENT AND DISPOSITION OF ANIMALS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO; Section 1.That Title 7 of the Municipal Code of the Town of Estes Park,Colorado,is amended by adding thereto the following new sections: 7.04.095 Inoculation.“Inoculation”shall have the same meaning as “vaccination.” 7.04.165 Vaccination.“Vaccination”means the administration by a veterinarian licensed by the State of Colorado of a vaccine listed in the current Compendium of Animal Rabies Vaccines,(pub lication of the National Association of State Public Health Veter inarians)for use in the prevention of rabies. Chapter 7.06 In General 7.06.010 Fighting and fighting places prohibited.It is un lawful for any person to: (a)Keep,or cause to be kept,any place where any animal or fowls are suffered to fight upon exhibition or for sport upon any wager. (b)Permit,suffer,or cause any animal or fowl,which are owned,kept,possessed or controlled by him,to fight with any other animal or fowl upon exhibition,or for sport upon any wager. fc)Engage in,aid,or cause any contest or combat with any animal or fowl;or for any person to permit,aid in,cause or suffer on his premises any contest or combat between any person and any animal or fowl;the foregoing provisions of this paragraph shall not apply,however,to any show conducted solely for the purpose of judging animals for conformity to breed and displaying the characteristics of such breed or for the purpose of comparing animals one to another provided,however,that such show or con test does not involve combat with or between animals and does not cause cruelty to animals. 7.06.020 Cruelty generally.It shall be unlawful for any person to overdrive,overload,drive when overloaded,overwork, torture,deprive of necessary sustenance,cruelly beat,mutilate, or kill needlessly,or to carry or transport in any vehicle or otherwise in a cruel and inhuman manner,any animal or to cause any of these acts to be done.Nothing herein shall be construed to prevent the carrying out of a program of animal control as may be authorized elsewhere in this code. 7.06.030 Poisoning animals prohibited.It shall be unlawful for any person to poison any warm—blooded animal,bird,or fowl, or to distribute poison in any manner whatsoever with the intent to,or for the purpose of,poisoning any warm—blooded animal, bird,or fowl;provided,however,that for the purpose of this section the phrase “warm—blooded animal,bird,or fowl”shall not include mice,rats,bats,or other rodents,but shall include ham sters,guinea pigs,rabbits,and squirrels;and provided further, that it shall be unlawful for any person to poison any mice,rats, bats,or other rodents,or to distribute in any manner whatsoever any poison with the intent,or for the purpose of,poisoning said mice,rats,bats,or other rodents,unless he uses,applies or distributes therefor exclusively,a substance containing no poison other than an anti—coagulant,or red squill.The provisions of this section shall not apply,however,to persons regularly engaged in the business of fumigation or pest extermination,and who are licensed therefor by the Town of Estes Park. 7.06.040 Confinement of animals which have bitten persons. Any animal which has bitten any person shall be irtipounded for a period of ten (10)days for rabies observation or may be taken for observation to a hospital of a veterinarian for ten (10)days. Section 2.That Section 7.12.010 of the Municipal Code of the Town of Estes Park,Colorado is amended to read as follows: 7.12.010 License —required.It is unlawful for any person to keep any dog three (3)months of age or older within the Town without obtaining a license therefor from the Town Clerk and with out having the animal vaccinated against rabies.All dogs vacci nated at three (3)months of age or older shall be again vaccina ted at one (1)year and three (3)months of age and thereafter at intervals recommended in the current Compendium of Animal Rabies Vaccines.Such licenses shall be obtained prior to May 1 of each year and they shall expire on December 31 of the year for which they are issued.Proof of vaccination shall be by certificate signed by a veterinarian. Section 3.That Section 7.12.030 of the Municipal Code of the Town of Estes Park,Colorado is amended to read as follows: 7.12.030 License —display.The Town Clerk shall issue a license and a tag for each dog licensed,upon the payment of the necessary fee in advance and upon the presentation showing that the dog to be licensed has received all necessary vaccinations. The owner or custodian shall attach the tag to the collar or harn ess of the dog so licensed,which collar or harness must be worn by such dog at all times.If the original tag becomes lost or destroyed,a duplicate may be obtained from the Town Clerk.The Town Clerk shall keep a record of the date of issuance of each dog tag,the name and address of the person to whom the tag is issued, the number thereof,and a description of the dog licensed. Section 4.That there is added to Chapter 7.12 of the Muni cipal Code of the Town of Estes Park,Colorado,a new subsection 7.12.035,as follows: 7.12.035 Certificate of vaccination.The certificate of vac cination required by this chapter shall contain the name,address —2— n and telephone number of the owner of the vaccinated dog,the date of vaccination,the date of expiration of vaccination,the type of rabies vaccine used,the breed,age,color and sex of the vaccina ted dog and the signature of the veterinarian administering the vaccine.No such rabies vaccine shall be issued until after a ten (10)day observation period after any dog has inflicted a bite on any person or other animal.Concurrently with the issuance and delivery of the certificate of vaccination referred to herein,the owner of the dog shall cause to be attached to the collar or harn ess of the vaccinated dog a metal tag,serially numbered to corre spond with the vaccination certificate number and bearing the year of issuance.Such tag shall be attached to the collar or harness of the dog so vaccinated,which collar or harness must be worn by such dog at all times. Section 5.That there is added to Chapter 7.12 of the Muni cipal Code of the Town of Estes Park,Colorado,a new section 7.12.100,as fo1lows 7.12.100 Duty regarding bites from animals. (a)Any person having knowledge that an animal has bitten a human shall immediately report the incident to the police depart ment. (b)Bites from rodents,rabbits,birds and reptiles are ex cluded from the reporting requirements of this section. fc)Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog,cat or other domestic or wild animal shall immediately report the incident to the police depart ment stating exactly where such animal may be found.If a known or suspected rabid animal bites or attacks a domestic animal,such incident shall also be reported as required above. (d)A dog or cat which has bitten a person shall be impound ed for a period of ten (10)days for rabies observation or may be taken for observation to a hospital of a veterinarian for said ten (10)day period.Such confinement shall be at the expense of the owner.The owner of any dog or other animal that has been report ed to have inflicted the bite on any person shall on demand pro duce said animal for impoundment as prescribed in this section. (e)It shall be unlawful for any person to remove from any place of confinement any animal which has been confined as author ized,without the consent of the police department. Section 6.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 pub lic peace,health and safety,for animal cruelty,vaccination, confinement and disposition of animals affects the public peace, health and safety;and whereas,in the opinion of the Board of Trustees,an emergency exists,this Ordinance shall take effect and be in force after its final passage,adoption and signature of the Mayor. —3— Tow of Estes Park,Colorado I HEREBY CERTIFY THAT THE ABOVE ORDINANCE WAS INTRODUCED AND READ AT A REGULAR MEETING OF THE BOARD OF TRUSTEES ON THE 22C DAY OF ______________, 1980,AND PUBLISHED IN A NEWSPAPER OF GEN— ERAL CIRCULATION IN THE TOWN OF ESTES PARK,COLORADO,ON THE DAY OF _______________, 1980,ALL AS REQUIRED BY THE STATUTES OF THE STATE OF COLORADO. At t e s t 2 /J ‘J Town Clerk