HomeMy WebLinkAboutORDINANCE 01-040 C)
ORDINANCE NO.1-04
AN ORDINANCE AMENDING CHAPTER 7.12 ANIMALS,
OF THE MUNICIPAL CODE OF THE
TOWN OF ESTES PARK,COLORADO
WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado has
determined that it is in the best interest of the Town to amend and repeal certain
sections of the Municipal Code of the Town of Estes Park,Colorado.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1.The Municipal Code shall be amended as follows:
Chapter 7.12 Domestic Animals
Chapter 7.12.035 Certificate of vaccination.The certificate of vaccination
required by this Chapter shall contain the name,address and telephone number of the
owner of the vaccinated cats and dogs,the date of vaccination,the date of expiration of
vaccination,the type of rabies vaccine used,the breed,age,color and sex of the
vaccinated cats and dogs and the signature of the veterinarian administering the
vaccine.No such rabies vaccine shall be issued until after a ten-day observation period
after any cat and 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 cats and dogs shall cause to be attached to the collar or harness of the
vaccinated cats and dogs a metal tag,serially numbered to correspond with the
vaccination certificate number and bearing the year of issuance.Such tag shall be
attached to the collar or harness of the cats and dogs so vaccinated,which collar or
harness must be worn by such cats and dogs at all times.
Chapter 7.12.060 Impoundment notice procedure.Upon the impoundment of
an animal,the Police Department shall notify the owner or custodian of the animal that
the animal has been impounded and will be released upon proof that the animal is
properly licensed,upon payment of an impound fee,care and feeding fee and any
expenses incurred for veterinary care and treatment;and that,if the animal is not
released within five (5)days from the day of said notice,it will be disposed of at the
direction of the Police Department.The notice shall be delivered to such owner or
custodian,or if such owner or custodian is not available,by posting said notice on the
premises from which the animal was impounded.
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Chapter 7.12.070 General procedure for impoundment.All animals
impounded shall be kept for a period of five (5)days unless sooner released to their
owners or custodians;provided that no vicious animal shall be released unless
provisions suitable to the Police Department have been made for the animal by its
owner or custodian to protect the public against said propensities,and that no female
animal in heat shall be released unless the owner or custodian has facilities for the
caring and confining of such animal satisfactory to the Police Department.No animal
shall be released from the impound facility until the production of satisfactory proof of
ownership,the payment of an impound fee,care and feeding fee and any expenses
incurred by the Town for veterinary care and treatment,and submission of proof that the
animal has been properly licensed and inoculated against rabies as required by this
Chapter.Upon the expiration of five (5)days after notice of impoundment as provided
in Chapter 7.12.060,any animal unclaimed shall be disposed of in accordance with the
directions of the Police Department.
Chapter 7.12.090 Vicious animals prohibited.
(a)It is unlawful for any person to keep,possess or permit any vicious animal within
the Town,except as provided in subsection (d)of this Chapter.A vicious animal shall be
deemed a public nuisance,and shall be impounded as provided in Chapters 7.12.060
and 7.12.070.In the event the owner or possessor of the animal disputes the
determination that the animal is vicious,said person may request,in writing,a hearing
in Municipal Court on the question of whether or not the animal is vicious.Said hearing
shall be held as soon as practical.At said hearing,the Municipal Judge may determine
and order that an animal should be humanely euthanized if the Municipal Judge
determines that the animal is vicious.
(b)Any vicious animal,which cannot be safely captured and impounded,may be
destroyed by any police officer of the Town,or by any other person duly authorized by
the Chief of Police for this purpose.
(c)For the purposes of Subsections (a)and (b),any animal which attacks human
beings or animals,whether domestic or wild,upon public or private property,whether by
causing bodily injury or by approaching its victim in a aggressive or threatening manner,
shall be deemed a vicious animal,except when in defense of persons who would
themselves be permitted to use a similar degree of force as that used by the animal.
(d)It shall be an affirmative defense to charges under this Chapter if the victim of the
attack has made an unlawful entry into the dwelling or enclosed premises of the owner
or custodian or injured by an animal during the commission of a crime against the owner
or custodian.
(e)An animal kept or possessed for protection or security purposes,which by its
nature or training would otherwise come under the foregoing provision,shall not be
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deemed a vicious animal so long as it is securely confined in an enclosure which keeps
it physically segregated from persons other than its owner,custodian or possessor.
Chapter 7.12.110 Animal waste removal.
(a)The owner,custodian or possessor of any animal shall be responsible for
removal of any feces deposited by said animal on public sidewalks,rights-of-way,
streets,parks or recreation areas.Said person shall immediately remove and sanitarily
dispose of the feces.Also,the owner,custodian or possessor shall be responsible for
the removal of any feces deposited by his or her animal on any private property not
owned,controlled or possessed by said person.Said person shall immediately remove
and sanitarily dispose of the feces.
(b)Any person who owns,possesses or controls any lot,building or other place
where an animal or animals are kept shall keep the building and premises in a clean
and sanitary condition and shall remove all feces from the premises at least once each
week.
Chapter 7.12.120 Disturbance of neighborhood prohibited.
(a)It is unlawful for any person to keep or maintain any animal within the town,
which habitually or continuously disturbs the peace and quiet of any individual or
neighborhood by barking,whining,howling or making any other noise.It shall be
presumed that a resident or occupant of the premises upon which the animal is located
is a person keeping or maintaining such animal.
(b)Any animal within the town which habitually or continually disturbs the peace and
quiet of any individual or neighborhood by barking,whining,howling or making any
other noise is a public nuisance.The animal control officer or a police officer has
authority,without liability,to use all reasonable means to abate such public nuisance,
including the authority to enter upon private property to impound such animal where the
owner or custodian of such animal is or appears to be absent from the premises;
provided,however,that this authority does not extend to entering the owner’s or
custodian’s resident dwelling.
Chapter 7.12.130 Special sanctions.
The animal control officer,or the town attorney or his designee,may recommend that
one or more special sanctions be levied against any animal owner or custodian
convicted of any violation of this chapter.This recommendation may be presented to the
municipal court as a proposed condition of sentencing upon conviction and may be in
lieu of or in addition to the penalties or fines as imposed by the municipal court.The
court may take into consideration the severity of the incident,the prior history of the
owner or custodian,and the recommendation of the animal control officer or town
attorney.Special sanctions include,but are not limited to the following:
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Construction of a secure animal enclosure (built to the specifications of animal
control)and in compliance with the zoning ordinance;
Spaying or neutering of the animal(s);
Obedience training/behavior modification;
Responsible pet ownership class;
Community service work;
Euthanasia of the animal(s);
Prohibition from owning animals for a specified period;
Use of humane training devices for behavior modification;
Inspections of premises where animal(s)is kept;
Restitution for costs of care rendered or shelter given at the town’s designated
animal shelter,costs of veterinary care,and costs of medical treatment;
Treatment or counseling program(s);and
Placement of a permanent microchip identification device under the skin of an
animal.
Section 2.This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 9 DAY OF 714As%)
2004.
TOWN OF ESTES PARK,COLORADO
By:_________
ATTEST:
7Maorra
Town Clerk
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I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the g day of t1Yt4,t<AJ 2004,and
published in a newspqp of general publication in the Town of Estes Park,Colorado on
the /0Z day of /3tct&i 2004.
rit>
Town Clerk
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