HomeMy WebLinkAbout1979 Ordinance No. 045. ..
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BY AUTHORITY
ORDINANCE NO . 45 ----SERIES OF 19 79
COUNCIL BILL NO. 45
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINANCE RE PEALING AND REENACTING WITH AMENDMENTS CHAPTER 11,
TITLE XI, OF THr. 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER-
ALLY FOR T HE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER
DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUNDMENT,
LICENSING , HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY
TO ANIMALS; AN D PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
WHE REAS, the City Council of the City of Englewood, Colorado,
ha s heretofore appointed an Animal Control Committee to review the
provisions of Chapter 11, T i tle XI, of the '69 Englewood Municipal
Code; and
WHEREA S, the City Council has reviewed the findings, con-
clusions and r ecommendation s of the Animal Control Committee; and
WHERE AS, there is a significant public need to exercise
stricter contro l and reduce the number of unwanted and uncared for
animals.
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGL EWOOD, COLORADO, AS FOLLOWS:
Section 1 . That Chapter 11, Title XI, of the '69 Englewood
Municipal Code is hereby repealed and reenacted with amendments
as follows :
SECTION
11-11-1
11 -11-2
11 -11-3
11-11-4
11-11-5
11-11-6
11-11-7
11-11-8
11-11-9
11-11 -10
11 -11-11
11-11-12
SUBJECT
CHAPTER 11
ANIMALS AND FOWL
Article !--Dogs
Definitions
Dogs Running at Large Prohibited
Removal of Excrement; Damage to Shrubbery, Plants, etc.
Dogs at Large; Impoundment; Notice; Disposition
Tag; Collar
Maintenance of More than Three Dogs on Premises;
License Requirements
Hobby Breeder's License Application; Fees
License Issuance; Renewal
Hobby Breeder Operation
Right of Entry; Inspections
Denial, Revocation or Suspension of License
Vaccination Required
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11-11-13
11-11-14
11-11-15
11 -11-16
11-11-17
11-11-18
11-11-19
11-11-20
11-11-21
11-11-22
11-11-23
11-11-2 4
11-11-25
11-11-26
11-11-27
11-11-28
11-11-2 9
11-11-30
11-11-31
11-11-32
11-11-33
11-11-34
11-11-35
11-11-41
11-11-42
11-11-43
11-11-44
11-11-45
11-11-46
11-11-47
11-11-48
11-11-49
11-11-50
11-11-51
11-11-52
11-11-53
Rabies Suspects and Biting Dogs
Rabies Suspects; Disposition
Records; Reports
Vicious Dogs; Guard or Attack Dogs
Barking Dog; Harboring Prohibited
Poisoning Dogs
Police Dogs
Cruelty to Dogs
Article !!--Cats
Definitions
Cats Running at Large
Damage to Shrubbery; Plants, etc.
Cats at Large; Impoundment; Notice; Disposition
(Reserved)
Maintenance of More Than Two Cats on Premises;
License Requirements
Hobby Breeder's License; Application; Fee
License Issuance; Renewal
Hobby Breeder Operation
Right of Entry; Inspections
Denial, Revocation or Suspension of License
Vaccination Required
Poisoning Cats
Cruelty to Cats
(Reserved)
Article III
Farm and Domesticated Animals;
Fowl; Wild and Dangerous Animals;
Reptiles; Exotic Pets; Etc.
Definitions
Premises Kept Clean
Disturbance of Neighborhood Prohibited
Abandonment of Animals
Cruelty to Animals
Molesting Birds
Dyed Pets; Sale; Display or Possession Unlawful
Indecent Exhibitions of Animals
Zoological Permits
Animals Running at Large
Disposition of Dead Animals
Specific Livestock Prohibited
(Reserved)
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11-11-1: DEFINITIONS
For the purpose of this Article, certain terms and words are here-
with defined as follows:
(a}
(b}
(c}
(d}
(e)
(f}
(g}
(h)
(i)
( j)
(k)
(1)
(m)
(n)
(o)
"Adjoining owners, residents"--The owners and residents of
lands that are supported by a conunon boundary line~.
"Animal shelter"--Any premises designated by the city for the
purpose of boarding and caring for any animal impounded under
the provisions of this Article or any other ordinance or law
of the State of Colorado.
"Animal Warden"--The person or persons empowered by the city
to enforce the provisions of this Article.
"Attac k dog"--Any dog or canine trained to attack persons
enteri ng the area except for the trainer of such dog or canine.
"Dog"--Any animal of canine species, regardless of sex.
"Dog, male"--Any dog of masculine gender upon which no
alternative surgery of the genital organs has been performed.
"Dog, castrated male (neutered)"--Any male dog upon which
alternative surgery of the genital organs has been performed
by a licensed veterinarian and accompanied by a certificate
asserti ng such operation has been performed.
"Dog owner"--Any person keeping, harboring, or having the full
or temporary care of a dog at the time any violation of this
ordinance is conunitted.
"Dog, female"--Any dog of the female gender upon which no
alternative surgery of the genital organs has been performed.
"Dog, spayed female"--Any female dog on which an ovariotomy
or ovariohysterectomy has been performed by a licensed veteri-
narian and accompanied by a certificate asserting such opera-
tion has been performed.
"Dog, stray and/or running at large"--Any dog within the city
limits, outside of owner's property, unaccompanied by owner
as defined in 11-11-l(h).
"Finance Director"--Director of Finance, ex officio City Clerk-
Treasu rer.
"Gua rd dog"--Any dog or canine trained to attack a person at
the conunand or instruction of a trainer.
"Hobby breeder--Any person who, outside of his regular course
of empl oyment, is breeding purebred dogs in an attempt to
improve the breed through controlled propagation, thus achiev-
ing carefully desired qualities and traits.
"Rabie s"--A viral encephalitis, almost always fatal tQ both
wild and d omestic animals, that may · affect any warm-blooded
animal but is most common in carnivores and new world bats.
In the Un ited States, foxes, skunks, and raccoons are the
major wild carnivore hosts, though domestic dogs and cats
remain the most important source of human exposure.
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(p) "Kenne ls"--Any place where dogs are born, bred, raised, boarded,
fed, or so ld, for any valuable consideration, but ahall not
include a h ousehold wh i ch sells only the offspring of a female
dog maintaine d solely as a family pet.
{q) "Vicious dog"--Any dog that, without provocation, bites or
attacks human beings or in a vicious and terrorizing manner
attacks , o r approaches in an apparent attitude of attack, a
person upon the streets, sidewalks or any public ground or
place o f any private property other than the premises of the
owner , possessor or keeper of such dog, or a dog that runs
after and bites or barks at any other animal, bicycle, or any
vehicle being ridden or driven upon the streets, sidewalks
or any p ubl i c ground or public place within the city_.
11-11-2: DOGS RUNNING AT LARGE PROHIBITED
It shall be unlawful for any owner or person having the care, custody
and control o f any dog to allow such dog to run at large in the city
unless such do g is under the reasonable control of such owner or person.
{a) For the purpose of this section, a dog shall be deemed to be
runnin g at large when off or away from the premises of the
owner , possessor or keeper thereof and not under the control
of suc h owner, possessor or keeper, who shall be competent
to control such dog and who may be required to demonstrate
to a member of the Englewood Police Department, or any Animal
Warden of the City of Englewood, his or her ability to control
such dog whenever such dog is not kept on or controlled by a
leash , cord or chain not to exceed ten {10) feet.
(b) Notwit hstanding any of the provisions of this section, a dog
shal l be deemed not under reasonable control when any of the
followi ng conditions occur:
(1) The dog inflicts damage or injury by biting, jumping
upon, pollution of vegetation, or by any other means what-
soever, to the person or property of anyone other than the
owne r, except in the defense of the owner, his family or
prope rty, or any dog under the control and command of a
police o fficer in the course of his duty.
(2) I n the case of any unspayed female dog while said dog
is i n estrus (in heat or in season) and not securely con-
fine d in the owner's yard, pen or other enclosure.
{c) Penalty. Any owner or person found guilty of their dog vio-
lating any provisions of this section shall, upon the first
convic t i on, be subject to the payment of a fine of not less
than Fi ft e en Dollars ($15); upon the second and subsequent
conviction shall be fined a sum not less than Twenty-five
Dollar s ($25) nor more than One Hundred Dollars ($100); and
upon the third and subsequent convictions shall be fined an
amount not less than One Hundred Dollars ($100) nor more than
Three Hundred Dollars ($300) and be subject to not more than
nine t y (90) days in jail, or both such fine and imprisonment.
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(d) Any owner or person charged with the violation of any of the
provi sions of Section 11-11-2 hereof may present such summons
to the Clerk of the Traffic Violations Bureau of the City of
Englewood and pay such fine without appearance in court, and
upon p ayment of the fine shall be deemed to have pleaded
guilty to the offense charged. Nothing herein contained
shall be c onstrued to prohibit any person charged with the
violati o n of Section 11-11-2 from demanding a court hearing
on the alleged violation. The provisions of this subsection
shall not be applicabl e upon the filing of a complaint and
summons for the second or subsequent violations of this section.
11-11-3: REMOVAL OF EXCREMENT; DAMAGE TO
SHRUBBERY, PLANTS, ETC.
(a) It shall be unlawful for any person in possession of, harboring,
or in c h arge of any dog to refuse or fail to remove forth-
with e xcrement deposited by said dog upon a common thorough-
fare, str e et, sidewalk, play area, park or upon other public
property , or u pon any p rivate property when permission of the
owner or tenant of said property has not been obtained, and
such is hereby deemed to be a public nuisance and prohibited.
Dog e xcrement shall not be placed in storm sewers but shall
be disposed of in a sanitary manner.
(b) It shall be unlawful for any owner, possessor or person who
keeps any dog to permit such dog, whether or not running at
large , to destroy, damage or injure any shrubbery, plants,
flower s, grass, lawn, fence or anything whatsoever upon any
public premises or upon any private premises owned or occupied
by a pe rson other than the owner, possessor, or keeper of such
dog, a nd t he same is hereby declared to be a public nuisance
and prohi b i t e d.
11-11-4: DOGS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION
(a) Any d o g or dogs found running at large shall be taken by the
Animal Wa rde n and impounded in the shelter designated as the
City Anima l Shelter and there confined in a humane manner for
a period o f not less than six (6) days and may thereafter be
dispose d of in a humane manner if not claimed by their owners.
Dogs no t claimed by their owners before the expiration of six
(6) day s ma y be disposed of at the discretion of the Animal
Warden , except as hereinafter provided.
(b) The Animal Warden may transfer title of any dog held at the
Animal Shelter to the Society for the Prevention of Cruelty
to Animals after the legal detention period has expired and
such d og has not been claimed by its owner.
(c) When d ogs are found running at large and their ownership is
known t o the Animal Warden, such dogs need not be impounded,
but such officer may cite the owners of such dogs to appear
in court or the Violations Bureau to answer charges of the
violation of this Article.
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(d) Immediately upon impounding dogs, the Animal Warden shall
make every possible reasonable effort to notify the owners of
such dogs so impounded and inform such owners of the condi-
tions whereby they may regain custody of such dogs.
(e) Dogs impounded and not reclaimed by the owner, pursuant to
subsection (a) hereof, may be released for adoption after
payment of a Forty Dollar-($40) adoption fee by the party
adopting said animal. Fifteen Dollars ($15) of the Forty
Dollar-($40) adoption fee will be refunded upon presentation
of proof that the dog has been neutered (spayed) by a licensed
veterinarian and has received a current rabies vaccination.
Neutering (spaying) and vaccination must be performed within
thirty (30) days of adoption or by the time the adopted animal
attains six (6) months of age.
11-11-5: TAG; COLLAR
The owner of any dog shall cause to be placed upon the neck of such
dog so owned, kept or harbored, a collar made of durable material,
having attached thereto a metal tag showing that the dog has a current
rabies vaccination, together with an identifying number thereon cor-
responding to the number on the certificate of vaccination. The
collar with the tag attached thereto shall be kept on such dog at
all times.
11-11-6: MAINTENANCE OF MORE THAN TWO DOGS ON PREMISES;
LICENSE REQUIREMENTS
No household, place or premises may have more than two (2) dogs
over six (6) months of age without first having procured a city
hobby breeder's license as hereinafter provided. A city hobby
breeder's license shall not be required where the place or premises
are currently licensed as a pet shop or boarding kennel, pursuant to
Section 12-57-101, et seq., Colorado Revised Statutes 1973, as
amended. All households presently ownning three (3) dogs without a
hobby breeder's license may maintain the three (3) dogs currently
owned but shall not maintain more than two (2) dogs upon the death
or loss of ownership of one (1) or more of the currently owned three
(3) dogs.
11-11-7: HOBBY BREEDER'S LICENSE APPLICATION; FEES
An application to maintain a hobby breeder's operation shall be
made upon forms supplied by the Director of Finance and shall con-
tain a statement of the name of the applicant, the address and
location of the hobby breeder's operation, together with the express
consent from adjoining landowners or residents that they have no
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information as may be required by the Director concerning the
physical facilities and equipment, as in the judgment of the
Director will enable him to pass upon the qualifications of the
application and premises. The application shall be accompanied
by a payment of a fee in the amount of Twenty-five Dollars ($25) .
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11-11-8: LICENSE ISSUANCE; RENEWAL
(a) In the event that the Finance Director approves the applica-
tion and determines that the applicant is qualified to
engage in a hobby breeder's operation, the Director shall
issue a license to the applicant, which license shall be
prominently displayed in the location the applicant main-
tains his operation.
(b) Upon is suance of the city hobby breeder's license, the licensee
may carry on a limited breeding program but may not maintain
more than five (5) dogs over six (6) months of age nor more
than twenty (20) puppies whelped and transferred in any
twelve-month period.
(c) The hobby breeder's license under the provisions of this
ordinance shall expire on the 31st day of December each year.
Each license shall be renewed during the month of December
each year . Such applications for renewal shall be made to
the Director, in writing, on forms prescribed by the Director,
shall contain such information as will enable him to deter-
mine if the applicant is qualified to continue to hold a
license and shall be accompanied by a renewal fee of Fifteen
Dollars ($15).
11-11-9: HOBBY BREEDER OPERATION
(a) Operator's duties. Every person licensed under this ordinance
to operate as a hobby breeder shall:
11-11-10:
(1) Maintain the premises and facilities in a sanitary
condition.
(2) Provide adequate ventilation for the facilities used
for animals.
(3) Provide adequate nutrition for and humane care and
treatment of all dogs under this care and control.
RIGHT OF ENTRY; INSPECTIONS
It shall be lawful for the Animal warden or any employee of the
city who may be charged with the duty of making inspections of
premises licensed under this ordinance or any employee of the
County or District Health Department to enter upon the premises
licensed under this ordinance and to inspect the same and inspect
any records required to be kept by this ordinance or regulations made
• pursuant thereto .
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11-11-11: DENI AL, REVOCATION OR SUSPENSION OF LICENSE
The Director may withhold, deny, revoke or temporarily suspend
for a period not to exceed one (1) year any license issued or
applied for in accordance with the provisions of this ordinance upo n
finding that licensee has been guilty of the following:
(a) The licensee has been convic ted of two(2) violations of
Section 11-11-2 within a twelve-month period.
(b) Material misstated in the application for a license or an
application of renewal thereof.
(c) The violation of any public health law of the state and
failure to comply with any state act or health requirement
relative to the humane treatment of dogs.
(d) Failure to maintain sanitary conditions and the proper
disposal of animal waste as may be required by the Colorado
State Department of Health pursuant to Article 57, Title 12,
Colorado Revised Statutes, 1973, as amended.
11-11-12: VACCINATION REQUIRED
The owner of each dog six (6) months of age shall cause said dog
to be vaccinated against rabies. Such vaccination shall be repeated
annually thereafter . Dogs shall be vaccinated by any veterinarian
licensed to practice veterinary medicine. A certificate of vaccina-
tion, in duplicate, shall be completed by the veterinarian, one (1)
copy to be issued to the dog owner and one (1) to be retained in
the veterinarian 's files.
(a) Any dog in the custody of any police officer, Animal Warden
or in the city pound shall be released to the owner of said
dog for a period of time not to exceed five (5) days in order
to obtain the vaccination of the dog.
11-11-13: RABIES SUSPECTS AND BITING DOGS
Any dog which is suspected of having rabies, or which has bitten
a person or other animal may be impounded either in the pound or
under the supervision of a licensed veterinarian, for observation.
All fees for such impounding and observation shall be charged to
the owner of such animal.
(a) Any dog impounded under the provisions of this section shall
be placed in a suitable facility and quarantined for a period
of not less than ten (10) days at the expense of the owner.
(b) Any dog impounded under the provisions of this section shall
be destroyed upon determination that such dog is infected
with rabies.
11-11-14: RABIES SUSPECTS; DISPOSITION
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Dogs known to have b e en bitten or exposed to a rabid animal shall
be :
(a )
(b)
Imme d i ately destroyed upon determination by a licensed
veter inarian that the dog is rabid; or
Released upon proof of immunization and booster injections
give n by a licensed veterinarian.
11 -11-15: RECORDS; REPORTS
The Police Department shall maintain a record of all animals
impounded toge ther with all fees collected. A monthly report shall
be made to the Manager and all fees transmitted to the Treasurer
daily .
11 -11-16: VI CIOUS DOGS; GUARD OR ATTACK DOGS
(a) It shall be unlawful for any person to keep or harbor a
fierc e or vicious dog.
(b ) Do g s maintained as guard dogs or placed in an enclosed area
f or the protection of persons or property shall not be
included under this ·Section so long as they remain in this
enclosed area and are completely confined in a kennel, yard
o r other enclosed space when not being used as a guard dog.
(c) All p ersons owning or controlling an attack or guard dog on
premi ses within the municipality shall notify the Police
Department in writing of the name of the owners or persons
in c ontrol of such premises and the street address thereof.
Such notification shall be furnished within seventy-two (72)
hours from the tim e s aid dog is brought to said premises.
(d) Upon receipt of such notification, the Police Department
shall furnish such infor mation to the Fire Department of
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(e) The o wn er, or othe r pe rsons in control if not the owner, of
all p remises upon whi c h attack and guard dogs are maintained
shall post signs on, over or next to all exterior doors
stating that such dogs are on the premises. At least one (1)
such sign shall b e poste d a t each driveway or entranceway to
said p remises.
(f) If attack or guard dogs on said premises are owned or main-
tained thereon by any guard or security service, the signs
aforesai d shall also contain the phone number of such service.
o attack or guard dogs may be maintained in the municipality
by such service unless the telephone for which such number
is posted i s manned by responsible personnel twenty-four (24)
hours d ai l y.
(g) Said signs shall contain lettering clearly visible from
either the curbl i ne or a distance of fifty (SO) feet, which-
ever is lesser .
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11-11-17 : BARKING DOG; HARBORING PROHIBITED
o person shall k e e p or harbor a dog which by loud or frequent or
h bitual barki n g , ye lping, how ling, or whining shall cause a serious
annoyance to the n eig hborhood or to people passing to and from
upon the streets or sidewalks.
11-11-18: POISONING DOGS
It shall be u n lawful for any person to poison any dog or to dis-
tribute p o ison in any manner whatsoever with intent or for the
pu r pose of poi soning any dog.
11-11-19 : POLICE DOGS
It shall be unlawful for any person to willfully or maliciously
to r ture, to rment, beat, kick, mutilate, injure, disable or kill any
dog used by t h e Police Department in the performance of the functions
and duties of such Department, or to unwarrantably interfere with or
meddle with a ny such dog while being used by said Department or any
officer or me mber thereof in the performance of any of the functions
or duties of s aid Department or of such officer or member.
11 -11-20: CRUELTY TO DOGS
It shall be unlawful for any person to overcrowd, overwork, deprive
of necessary sustenance, willfully or maliciously torture, torment,
be a t, kick , nutilate, injure, disable, or kill needlessly, or to
c arry in any v ehicle or otherwise transport in a cruel and inhuman
manner , any d og, or to cause any of these acts to be done. It shall
be unlawful 'f or any person having charge or custody of any dog to
fail to provide it with proper food, drink and protection from the
weather , or t o cause any of these acts to be done.
Article II--Cats
11 -11-21: DEFINITIONS -CATS
(a) "Adjoining o wners, reside nts"--The owners and residents of
lands t ha t are supported by a common boundary line.
(b) "Anima l shelter"--Any premises designated by the city for
the p urpose of boarding and caring for any animal impounded
under t he provisions of this Article or any other ordinance
or law of the State of Colorado.
(c) "Animal Warden"--The person or persons empowered by the
city to en force the provisions of this Article.
(d) "Cat"--Any me mb e r of the family Felis Catus regardless of sex.
(e) "Cat, mal e "--Any cat o f masculine gender upon which no
alternative surgery of the genital organs has been performed .
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(f) "Cat, castrated male (neutered)"--Any male cat upon which
alternative surgery of the genital organs has been performed
by a licensed veterinarian and accompanied by a certificate
asserting such operation has been performed.
(g) "Cat, female"--Any cat of the female gender upon which no
alternative surgery of the genital organs has been performed.
(h) "Cat , female spayed"--Any female cat on which an ovariotomy
or ovariohysterectomy has been performed by a licensed
veterinarian and accompanied by a certificate asserting
such operation has been performed.
(i) "Cat owner"--Any person owning, keeping, harboring, or having
full or temporary care of a cat at the time any violation of
this ordinance is committed.
(j) "Cat, stray and/or running at large"--Any cat, within the
city limits, outside of owner's property unaccompanied by
owner as defined in ll-ll-2l(i).
(k) "Finance Director"--D i rector of Finance, ex officio City
Clerk-Treasurer.
(1) "Ho bby breeder"--Any person who, outside of his regular course
of employment, is breeding purebred cats in an attempt to
improve the breed through controlled propagation, thus achiev-
ing carefully desired qualities and traits.
(m) "Rabies"--A viral encephalitis, almost always fatal to both
wild and domestic animals, that may affect any warm-blooded
animal but is most common in carnivores and New World bats .
In the United States , foxes, skunks, and raccoons are the
major wild carnivore hosts, though domestic dogs and cats
remain the most important source of human exposure.
(n) "Cattery (kennel)"--Any place where cats are born, bred,
raised , boarded, fed, or sold, for any valuable consideration,
but shall not include a household which sells only the off-
spring of a female cat maintained solely as a family pet.
(o) "Vicious cat"--A cat that, without provocation, bites or
attack s human beings or in a vicious and terrorizing manner
attacks, or approaches in an apparent attitude of attack, a
person upon the streets, sidewalks or any public ground or
place or any private property other than the premises of the
owner .
11-11-22: CATS RUNNING AT LARGE
It shall be unlawful for any owner of a cat to allow such cat to
run at large in the city and to become or create a nuisance.
(a) Notwithstanding any of the provisions of this section, a cat
shall be deemed to be a nuisance when any of the following
conditions occur:
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( ) "C , castrat d male (n eutered)"--Any male cat upon which
lternative surgery of the genital organs has been performed
by a licensed veterinarian and accompanied by a certificate
asserting such operation has been performed.
(g) "Cat, female"--Any cat of the female gender upon which no
alternative surgery of the genital organs has been performed.
(h) "Cat, female spayed"--Any female cat on which an ovariotomy
or ovariohysterectomy has been performed by a licensed
veterinarian and accompanied by a certificate asserting
such operation has been performed.
(i) "Cat owner"--Any person owning, keeping, harboring, or having
full or temporary care of a cat at the time any violation of
this ordinance is committed.
(j) "Cat, stray and/or running at large"--Any cat, within the
city limits, outside of owner's property unaccompanied by
owner as defined in ll-ll-2l(i).
(k) "Finance Director"--Director of Finance, ex officio City
Clerk-Treasurer.
(1) "Hobby breeder"--Any person who, outside of his regular course
of employment , is breeding purebred cats in an attempt to
improve the breed through controlled propagation, thus achiev-
ing carefully desired qualities and traits.
(m) "Rabies"--A viral encephalitis, almost always fatal to both
wild and domestic animals, that may affect any warm-blooded
animal but is most conunon in carnivores and New World bats .
In the United States, foxes, skunks, and raccoons are the
major wild carnivore hosts, though domestic dogs and cats
remain the most important source of human exposure.
(n) "Cattery (kennel)"--Any place where cats are born, bred,
raised, boarded, fed, or sold, for any valuable consideration,
but shall not include a household which sells only the off-
spring of a female cat maintained solely as a family pet.
(o) "Vicious cat"--A cat that, without provocation, bites or
attacks human beings or in a vicious and terrorizing manner
attacks, or approaches in an apparent attitude of attack, a
person upon the streets, sidewalks or any public ground or
place or any private property other than the premises of the
owner.
11-11-22: CATS RUNNING AT LARGE
It shall be unlawful for any owner of a cat to allow such cat to
run at large in the city and to become or create a nuisance.
(a) Notwithstanding any of the provisions of this section, a cat
shall be deemed to be a nuisance when any of the following
conditions occur:
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(1 ) The cat inflicts damage or injury by biting, jumping
upon, polluting of vegetation, or by any other means
wh atsoe v e r, to the person or property of anyone other
t han the owner.
(2) In t he c ase of any unspayed female cat while said cat
i s in e strus (in heat or in season) and not securely
c o n fin e d in the owner's year, pen, or other enclosure.
(b) Penalty . Any owner or person found guilty of violating any
provision o f t his section shall, upon the first conviction,
be subject to the payment of a fine of not less than Fifteen
Dollars ($1 5 ); upon the second and subsequent conviction
shall be fin e d a sum of not less than Twenty-five Dollars ($25)
nor mo r e t h an One Hundred Dollars ($100); and upon the third
and subsequent convictions shall be fined an amount not less
than One Hundred Dollars ($100) nor more than Three Hundred
Dollars ($300) and be subject to not more than ninety days
in jai l, or both such fine and imprisonment.
(c) Any o wner or person charged with the violation of any provisions
of Section 11-11-22 her e of may present such summons to the
Clerk o f the Traffic Violations Bureau of the City of Englewood
and pay such fine without appearance in court, and upon payment
of the fine, shall be deemed to have pleaded guilty to the
offen s e charged. Nothing herein contained shall be construed
to prohibit any person charged with the violation of Section
11-11-22 from demanding a court hearing on the alleged viola-
tion. The provisions of this subsection shall not be applica-
ble upon the filing of a c omplaint and summons for the second
or subsequent violations of this section.
11-11-23: DAMA GE TO SHRUBBERY, PLANTS, ETC.
(a) It shall b e unlawful for any owner, possessor or person who
keeps any cat to permit such cat, whether or not running at
la r ge , to destroy, damage or injure any shrubbery, plants,
flowe rs, grass, lawn, fence, or anything whatsoever upon any
public premises or upon any private premises owned or occupied
by a pe rson other than the owner, possessor or keeper of
such cat, and the same i s hereby declared to be a public
nuisance and prohibited.
11-11-24: CATS AT LARGE; IMPO UNDMENT; NOTICE; DISPOSITION
(a) Any cat o r c a t s found running at large and/or creating a
public n u isance shall be taken by the Animal Warden and
impounded in the shelter designated as the City Animal
Shelte r and there confined in a humane manner for a period
of not less than six (6) days and may thereafter be disposed
of in a humane manner if not claimed by their owners. Cats
not claimed by their owners before the expiration of six
(6) d ays may be disposed of at the discretion of the Animal
Warden , except as hereinafter provided.
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(b) The Animal Warden may transfer title of any cat held at
the Animal Shelter to the Society for the Prevention of
Cru lty to Anima ls aft e r the legal detention period has
expired and such cat has not been claimed by its owner.
(c) hen cat s are found running at large and their ownership
is known to the Animal Warden, such cats need not be
impou nded, but such officer may cite the owners of such
cats to appear in court to answer charges of the violation
of this Article.
(d) Immediate ly upon impounding cats, the Animal Warden shall
make eve ry possible reasonable effort to notify the owners
of such cats so impounded and inform such owners of the
condition s whereby they may regain custody of such cats.
(e) Cats impounded and not reclaimed by the owner, pursuant to
Subsection (a) hereof, may be released for adoption after
payment of a Forty Dollar-($40) adoption fee by the party
adopting said animal. Fifteen Dollars ($15) of the Forty
Dollar-($40) adoption fee will be refunded upon presenta-
tion of proof that the cat has been neutered (spayed) by a
licensed veterinarian and has received a current rabies
vaccination. Neutering (spaying) and vaccination must be
performed within thirty (30) days of adoption or by the time
the adop t e d animal attains six (6) months of age .
11 -11 -2 5:
11 -11-26 :
(Re served)
MAINTENANCE OF MORE THAN TWO CATS
ON PREMISES; LICENSE REQUIREMENTS
No household, place or premises may have more than two (2) cats
over six (6) months of age without first having procured a city
hobby breeder's license as hereinafter provided. A city hobby breeder's
license shall not be required where the place or premises are currently
licensed as a pet shop or boarding kennel, pursuant to Section
12 -57 -1 01 et seq., Colorado Revised Statutes 1973, as amended. All
households pre sently owning thr ee (3) cats without a hobby breeder's
license may maintain the three (3) cats currently owned but shall
not maintain more than two (2) cats upon the death or loss of owner-
s hip of one (1) or more of the currently owned three (3) cats.
11-11-27: HOBBY BREEDER'S LICENSE APPLICATION; FEES
An application to maintain a hobby breeder's operation shall be
made upon form s supplied by the Director of Finance and shall con-
tain a statement of the name of the applicant, the address and
location of the hobby breeder's operation, together with the express
consent from adjoining landowners or residents that they have no
ob j ection to the issuance of said license, and such additional informa-
tion as may be required by the Director concerning the physical
facilities and equipment, as in the judgment of the Director will
en able him to pass upon the qualifications of the application and
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remises . The appl ication shall be accompanied by a payment of a
f e in the amount of Twenty-five Dollars ($25).
11-11-28: LICEN SE ISSUANCE; RENEWAL
(a) In the event that the Director approves the application an
determines that the applicant is qualified to engage in a
hobby breeder 's operation, the Director shall issue a
license to the applicant, which license shall be prominently
displayed in the location the applicant maintains his opera-
tion. '
(b) Upon issuance of the city hobby breeder's license, the licensee
may carry on a limited breedi ng program but may not maintain
more than five (5) cats over six (6) months of age nor more
than twenty (20) kittens queened and transferred · in any twelve-
month period .
(c) The hobby breeder's license under the provisoins of this
ordinance shall expire on the 31st day of December each year.
Each license shall be renewed during the month of December
each year . Such applications for renewal shall be made to
the Di rector , in writing, on forms prescribed by the Director,
shall contain such information as will enable him to determine
if the applicant is qualified to continue to hold a license
and shall be accompanied by a renewal fee of Fifteen Dollars
($15).
11-11-29: HOBBY BREEDER OPERATION
(a) Operator's Duties. Every person licensed under this ordinance
to operate as a hobby breeder shall:
(1) Maintain the premises and facilities in a sanitary
condition.
(2) Provide adequate vent ilation for the facilities used
for animal s.
(3) Provide adequate nut rition for and humane care and
treatment of all ca ts under his care and control.
11 -11-30: RIGHT OF ENTRY; INSPECTIONS
It shall be lawful for the Animal Warden or any employee of the
city who may be cha rged with the duty of making inspections of
premises licensed under this ordinance or any employee of the County
or District Health Department to enter upon the premises licensed
under this ordinance and to inspect the same and inspect any records
required to be kept by this ordinance or regulations made pursuant
thereto.
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11-11-31: DENIAL , REVOCATION OR SUSPENSION OF LICENSE
The Direc t o r m y withhold, deny, revoke or temporarily suspend
for a per iod ~ot to exceed one (1) year any license issued or
applied for in accordance with the provisions of this ordinance
upon finding that licensee has been guilty of the following:
(a) The licens ee has been convicted of two (2) violations of
Section 11-11-22 within a twelve-month period.
(b) Material misstated in the application for a license or an
applica tion of renewal thereof.
(c ) T h e viol tion of any public health law of the State and
failure to comply with any state act or health requirement
relative to the humane treatment of cats.
(d) Failure to maintain sanitary conditions and the proper
disposal of animal waste as may be required by the Colorado
State Department of Health pursuant to Article 57, Title 12,
Co l orado Revised Statutes 1978, as amended.
11-11-3 2: VACCINATION REQUIRED
The owner of each cat six (6) months of age shall cause said cat
to be vaccinated against rabies, such vaccination to be repeated
annually thereafter . Cats shall be vaccinated by any veterinarian
licensed to practice veterinary medicine. A certificate of vaccina-
tion in duplica te shall be completed by the veterinarian, one (1)
copy to be i ssued to the cat owner and one (1) to be retained in
the veterinarian 's file s.
(a) Any cat in the custody of any police officer, Animal Warden,
or in the City Pound shall be released to the owner of said
cat for a pe riod of time not to exceed five (5) days in order
to obtain the vaccination of the cat.
11-11-3 3 : POISON ING CATS
It shall be un lawful for any person to poison any cat or to dis-
dribute poison in any manner whatsoever with intent or for the
purpose of poisoning any cat.
11-11-34: CRUELTY TO CATS
It shall be unlawful for any person to overcrowd, deprive of
necessary sustenance, willfully or maliciously torture, torment,
beat, kick, mutilate, injure, disable, or kill needlessly, or to
carry in any vehicle or otherwise transport in a cruel and inhuman
manner , any cat , or to cause any o f these acts to be done. It
shall be unlawful for any person having charge or custody of any
cat to fail to provide it with proper food, drink and protection
from he we 1 r , or to caus any of t hese acts to be done.
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11-11 -35 : (Res rved)
Article III --Animals in General
11-11-41 : DEFINITIONS -ANIMALS IN GENERAL
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
"Animal "--Any animate being, excluding the dog and cat,
which is endowed with the power of voluntary motion; all
living creatures not human.
"Ca ttle"--Animals of the bovine genus regardless of sex.
"Director"--Director of Community Development for the City
of Englewood or his designee.
"Enclosure or Inclosure"--Land surrounded by some visible
obstruc tion such as a fence.
"Avian (fowl)"--A bird of any kind, including chicken, water
fowl , etc.
"Go t"--Any of various ruminant mammals (esp. of the genus
capra) regardless of sex.
"Horse"--an animal of the genus equvs and species caballus
regardless of sex.
"Livestock"--Farm animals, including but not limited to cows,
horse s, sheep and pigs.
"Neighborhood"--A place near an adjoining or surrounding
distric t, a more immediate vicinity.
"Animal owner"--Any person owning, keeping, harboring or
having the full or temporary care of an animal at the time
any violation of this ordinance is committed.
"Premises"--The area or tract of land surrounding the residence
or place of business of the owner or custodian of any animal
or fowl, which area or tract of land appertains to the resi-
dence or place of business.
(1) "Rabbit"--Any member of the hare family regardless of sex.
(m) "Sheep "--Any of numerous ruminant mammals (genus ovis)
regardless of sex.
(n) "Swine"--Hog, pig or any of various stout-bodied, short-legged,
omnivorous mammals (family suidae).
(o) "Animal running at large"--Any animal off of owner's premises
and not accompanie by owner . owner defined in (j) above.
11-11-42 : PRE MISE S KEPT CLEAN
Any person who owns or c ontrol s any lot, barn, stable, shed,
building or other place wh ere dome stic avian (fowl) or animals are
kept, shall keep the building and premises in a clean and sanitary
condition and shall remove all manure from the premises at least
once each week.
11-11-43 : DISTURBANCE OF NEIGHBORHOOD PROHIBITED
It is unlawful for any person to keep or maintain any animal or
avian (fowl) within the city which habitually or continuously dis-
turbs the peace and quiet of the neighborhood and the keeping of
any such animal or avian (fowl) shall be declared to be a nuisance.
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11 -1 1 -35 : (R es erved)
Article III --Animals in General
11-11-4 1; DEFINITIONS -ANIMALS IN GENERAL
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
( j )
(k)
"Animal "--Any animate being, excluding the dog and cat,
which is endowed with the power of voluntary motion; all
living creatures not human.
"Catt le"--Animals of the bovine genus regardless of sex.
"Direc tor"--Director of Community Development for the City
of Engl ewood or his designee.
"Enclosure or Inclosure"--Land surrounded by some visible
obstruc tion such as a fence.
"Avian (fowl)"--A bird of any kind, including chicken, water
fowl , etc .
"Goat"--Any of various ruminant mammals (esp. of the genus
capra) regardless of sex.
"Horse "--an animal of the genus equvs and species caballus
regardless of sex.
"Livestock "--Farrn animals, including but not limited to cows,
horses , sheep and pigs.
"Neighborhood"--A place near an adjoining or surrounding
district , a more immediate vicinity.
"Animal owner"--Any per son owning, keeping, harboring or
having the full or temporary care of an animal at the time
any violation of this ordinance is committed.
"Premi ses"--The area or tract of land surrounding the residence
or plac e of business of the owner or custodian of any animal
or fowl , which area or tract of land appertains to the resi-
dence or place of business.
(1) "Rabbit "--Any member of the hare family regardless of sex.
(m) "Sheep "--Any of numerous ruminant mammals (genus ovis)
regardle ss o f sex.
(n) "Swine "--Hog , pig or any of various stout-bodied, short-legged,
omnivo rous mammal.. (family suidae) .
(o) "Animal running at large"--Any animal off of owner's premises
and not accompanied by owner . owner defined in (j) above.
11-11-42: PREMISES KE PT CLEA N
Any person who owns or control s any lot, barn, stable, shed,
building or other p l ace wh ere d omestic avian (fowl) or animals are
kept, shall keep the building and premises in a clean and sanitary
condition and shall remove all manure from the premises at least
once each week .
11-11-43: DISTURBANCE OF NEIGHB ORHOOD PROHIBITED
It is unlawf ul fo r any person to keep or maintain any animal or
avian (fowl) within the city which habitually or continuously dis-
turbs the pe ace and quiet of the neighborhood and the keeping of
any such animal or avian (fowl) shall be declared to be a nuisance.
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It shall be unlawful for any person to abandon any animal, or
to cause such animal to be abandoned.
11-11-45 : CRUELTY TO ANIMALS
It shall be unlawful for any per son to overdrive, overload,
drive when ove rloaded, overwork, torture, deprive of necessary
sustenan ce , c ruelly beat, mutilate or kill needlessly, or to carry
in any vehicle or otherwise transport in a cruel and inhuman manner,
ny animal , or to cause any of these acts to be done. It shall be
unlawful for any person having charge or custody of any animal to
fail to provide it with proper food, drink and protection from the
weather , or to cause any of these acts to be done.
11-11 -46: MOLESTING BIRDS
It shall be unlawful for any person within the city to at any
time frighten , shoot at, wound, kill, take, capture, ensnare, net,
trap or in any other manner molest or injure any bird, fowl, or
water fowl, or in any manner molest or injure the nest, eggs or
young of any such bird , fowl or water fowl.
11 -11-47: DYE D PETS: SALE, DISPLAY OR POSSESSION UNLAWFUL
• It shall be unlawful for any person to possess, display, sell or
•
give away dyed , colored, or in any way artificially treated baby
c hicks, duckling s, avian (fowl), rabbits or any animals as pets,
playthings , novelties or gifts.
11-11-48: INDECENT EXHIBITION OF ANIMALS
It shall be unlawful for any person to exhibit any stud horse or
bull or other animal indecently. It shall be unlawful for any person
to let any male animal to any female animal unless the same be done
in some place who ly nclosed and out of public view.
11 -11-4 9 : ZOOLOGICAL PERMIT S
( ) o rso n sh 1 1 h rbor , ke p or sell or offer for sal e any
wild animal , wild bird, exotic pet, poisonous or dangerous
reptile , snake or insec t without first obtaining a zoological
permit from the Ci y of Englewood. In issuing such permits,
the city shall establi sh such reasonable rules and regulations
and fee s as are n ece ssary and proper for the safe control and
management of the aforementioned animals, birds and reptiles.
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(b) The p rovisions of h is s ecti o n s h all not a pply to:
(1 ) A bona fi d e p u blicly or privately owned zool ogical
park .
(2 ) A publicly owned anima l p ound.
(3 ) A vete r inary h o spi tal.
(4) A bona fide r se arc h i n stitution using pet an i ma l s
fo r sc ien ·fic r e searc h.
11-1-50 : ANIMALS RUNNI NG AT LARGE
I ·s unl wful f or any animal o wner to permi t the same ro run
1 r e wit h in t h e C i y of E n g lewood. Any such animals f ound
ru ning la r ge ma y b e t ake n and i mpounded.
11-11-51: DISPOSITI ON OF DEAD ANIMALS
When any a nimal shall die wit hin the city, it shall be the duty
of the owner t hereof to remove the carcass of such animal and see
th i is ispo s ed of in a sanitary fashion. It shall be unl a wfu l
for ny nim 1 wn r t fail o r r efu s e to remove such carcass, and
such refus 1 or fa ilure sh a l l constitute a nuisance. When the
nim 1 carcass shall be found in any public street, alley, or place
o h r than he property of the owner, it shall be the duty of the
Chi f of Poli ce , oth er police offic er or Animal Warden, when
knowledge the r eo f s hall come to him , to cause such carcass to be
removed and d is p osed of in a sanitary ma nner.
11 -11-52 : SPECIFI C LIVESTOCK PROHIBITED
It s hall be unlawf ul for anyone within the city limits of Englewood
to keep , harb or , or mainta in c a t tle, horses, sheep, goats, or swine
on their premises . The o nl y e xceptions are t hos e individuals having
said animals prior to ena c tme nt of t his ordinance.
11-11-53: (Re s rved )
Section 2 . An y ordi nanc es or part s o f ordinances in confl i ct here-
with are expre s sl y r ep 1 d.
Introduced , read i n full and pas sed on first reading on the %TH
day of Novemb e r , 197 9 .
Pu lished as a Bill for n Ordinan ce on the 7th day of November
1979 .
Re d by tit
ovember, 197 9.
an p s n fi nal reading on the 19th day o f
ublished by title a s 0 d i nance , Series of 1979, on -----the llst day of Nove mbe r, 19 79 .
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of
Jan ice L. Watkins, Deputy City Clerk, do hereby ce rtify
bov and foregoing is a true, accurate, and complete
Ordinance passed on final reading and published by
dinance No. 45 , Series of 197 9. ----