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HomeMy WebLinkAboutORDINANCE 36-75o 0 ORDINANCE NO.36-75 AN ORDINANCE AMENDING SECTIONS 7.12.020, 7.12.030,7.12.040,7.12.050,7.12.060 AND 7.12.070 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO DOGS, LICENSES,POSITIVE CONTROL OF OWNER AND IMPOUNDMENT. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Sections 7.12.020,7 .12.030,7.12.040, 7.12.050,7.12.060 and 7.12.070 of the Municipal Code of the Town of Estes Park,Colorado,are 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 five dollars per year for each neutered or sterilized dog,and fifteen dollars per year for each dog which has not been neutered or sterilized. 7.12.030 License-—Issuance.The town clerk shall is sue a license to any person desiring to keep a dog,upon the payment of the necessary fee in advance and upon the presen tation of a certificate showing that the dog to be licensed has been inoculated against rabies within twelve months imme diately preceding the term for which the license is issued. The clerk shall issue a tag for each dog licensed,and the owner or custodian shall attach such tag to the collar or harness of the dog so licensed,which collar or harness must be worn by such dog at all times.If the original tag be comes 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 descrip tion of the dog licensed. 7.12.040 Positive control of owner--Leash control 0 0 when——Exception.It is unlawful 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,unless it is under the direct control of its owner,possessor or cus todian by a leash no longer than ten feet in length and of sufficient strength to completely retrain the dog,or within a vehicle of other adequate place of confinement,except when such dog is participating in a parade,pet show,training school or demonstration.It shall be unlawful for a dog not to be in the positive control of its owner,possessor or cus todian.For the purpose of the foregoing provision,a dog shall be deemed under such positive control when the dog is accompanied by its owner,possessor or custodian;when within sight or hearing distance of said person;or when confined within the premises or vehicle of said person.A dog shall be deemed to be not under such positive control when the dog inflicts damage or injury by biting,jumping upon,or using any other means whatsoever against,a 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 is in heat and is not securely confined in an en closure capable of restricting entry of other dogs;or a dog is tethered by a leach which blocks a public thoroughfare. 7.12.050 Impoundment--When.When any animal control officer or police officer finds a dog within the town,off the premises of its owner,possessor or custodian,and in violation of section 7.12.040 of this code,said dog shall be impounded by such officer. 7.12.060 Impoundment--Notice procedure.Upon the impoundment of a dog,it shall be the duty of the police de partment to notify the owner or custodian of a licensed dog that the dog has been impounded and will be released upon proof that the dog is properly licensed and upon payment of a pound —2— 0 0 service fee of three dollars,together with three dollars for each day of impoundment for board and keep,and any ex penses incurred by the town for veterinary care and treat ment;and that,if the dog is not released within five days from the date of said notice,it will be disposed of at the direction of the chief of police.The notice shall be in writing and shall be delivered to such owner or custodian either personally or by certified mail addressed to the last known address of the owner or custodian of such dog,as shown in the town records.A notice of the impoundment of all dogs shall be posted on the lobby window in the police department section of the municipal building on the date of such impound ment.Said notice shall be posted for five days from the date of impoundment and shall contain a description of the dog, the date of impoundment and that,if such dog is not released within five days from the date of said impoundment,it will be disposed of at the direction of the chief of police. 7.12.070 Impoundment--General procedure.All dogs impounded shall be kept for a period of five days unless sooner redeemed by their owners or custodians;provided that no fierce, dangerous or vicious dog shall be released unless provisions suitable to the chief of police have been made for the dog by its owner or custodian to protect the public against said propensities;and that no female dog in heat shall be released unless the owner or custodian has facilities for the caring and confining of such dog 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,together with three dollars per day for each day of impoundment and any expenses incurred by the town for veterinary care and treatment,and submission of proof that the dog has been properly licensed and inocu lated against rabies as required by this chapter.Upon the —3— 0 0 expiration of five 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 prop erly licensed and inoculated.Any dog unclaimed after the expiration of said five days shall be disposed of in accor dance with the directions of the chief of police. Section 2.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 regulation of dogs 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 the approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF ______________, 197 Mof - TOWN OF ESTES PARK,COLORADO (SEAL) ATT ‘T:I /) /7 Town Clerk —4—