HomeMy WebLinkAbout1975 Ordinance No. 044"· .
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I TROD UCED AS A BILL BY COUNCILMAN CLAYTON
BY AUTHORITY
ORDINANCE NO. 44 , SERIES OF 1975
AN ORDINAN CE REPEALING AND REENACTING SECTIONS 1 THROUGH
14, ARTICLE I, CHAPTER 11, TITLE XI, OF THE 1969 E.M.C.
RELATING TO DOGS.
NOW , THEREFORE, BE OT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That Sections 1 through 14, Article 1, Chapter 11,
Title XI of the 1969 E.M.C. entitled "Dogs" hereby is
repealed and reenacted to read as follows: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
11-11-13
11-11-14
11-11-15
CHAPTER 11
ANIMALS AND FOWL
Article I -Dogs
Subject
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
Rabies Suspects and Biting Dogs
Rabies Suspects; Disposition
Records; Reports
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Vicious Dogs; Guard or Attack Dogs
Barking Dog; Harboring Prohibited
Poisoning Dogs
Police Dogs
11-11-1 DEFINITIONS
For the purpose of this Chapter, certain terms
and words are herewith defined as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g )
(h)
(i)
Ad~oinin~ owners, residents: The owners
an resi ents of lands that are supported
by a common boundary line.
Animal shelter: Any premises designated by
the City for the pirpose of boarding and
caring for any animal impounded under the
provisions of this ordinance or any other
ordinance or law of the State of Colorado.
Animal warden: The person or persons em-
powered by the City to enforce the provi-
sions of this ordinance.
Attack dog: Any dog or canine trained to
attack persons entering an area, except
for the trainer of such dog or canine.
!!Q_g_: Any animal of canine species regard-
IeSs of sex.
Dog male: Any dog of masculine gender, eit~er castrated or not castrated.
Dog owner: Any person in possession of or
harboring any dog.
Dog, f emale: 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 veterinarian and ac-
companied by a certificate asserting such
operation has been performed .
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(j)
(k)
(1)
(m)
Dog, stra~: Any unlicensed or licensed
dog foun unattached or loose anywhere
within the City Limits.
Finance Director: Director of Finance,
ex officio City Clerk-Treasurer.
Guard dog: Any dog or canine trained to
attack a person at the command or instruc-
tion of a trainer.
Hobby breeder: Any person who, outside of
his regular course of employment, is breed-
ing dogs or striving to improve dogs through
controlled propagation, thus achieving care-
fully desired qualities and traits.
(n) Rabies: A communicable disease of both wild
and domestic animals transmittable to humans,
as defined by the Public Health Department;
and a "Specific infectious disease of certain
animals, especially dogs and wolves, contracted
by man by direct inoculation as by bite of in-
fected animal and due to a filtrable virus",
as defined in Dorland's Medical Dictionary.
(o) Vicious dog: A dog that without provocation
bites or attacks humans or other animals, or
in a vicious or terrorizing manner approaches
any person in an apparent attitude of attack.
11-11-2 DOGS RUNNING AT LARGE; PROHIBITED
It shall be unlawful for any owner or person having
the care, custody, and control of any dog to allow
such dog to run at large in the City unless such
dog is under the reasonable control of such owner
or person.
(a) For the purpose of this Section, a dog shall
be deemed to be 'running at large' when off
or away from the premises of the owner, pos-
sessor or keeper thereof and not under the
control of such owner, possessor or keeper
who shall be competent to control such dog
and who may be required to demonstrate to a
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member of the Englewood Police Department
or any animal warden of the City of Engle-
wood 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 feet.
(b) Notwithstanding any of the prov1s1ons of this
Section, a dog shall be deemed not under rea-
sonable control when any of the following con-
ditions occur:
(c)
(d)
1. The dog inflicts damage or injury by
biting, jumping upon, pollution of vegeta-
tion, or by any other means whatsoever, to
the person or property of anyone other than
the owner, except in the defense of the owner,
his family or property, or any dog under the
control and command of a police officer in
the course of his duty.
2. In the case of any unspayed female dog
while said dog is in estrus (in heat or in
season) and not securely confined in the
owner's yard, pen, or other enclosure.
Penalty. Any owner or person found guilty
of violating any provision of this Section,
shall upon the first conviction be subject
to the payment of a fine of fifteen ($15.00)
dollars and upon the second conviction shall
be fined twenty-five ($25.00) dollars, and
upon the third or subsequent conviction be
fined not more than three hundred ($300.00)
dollars or not more than ninety (90) days in
jail.
Any owner or person charged with a violation
of any of the provisions 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 appear-
ance in court and upon payment of the fine shall
be deemed to have pleaded guilty to the offense
charged. Nothing herein contained shall be
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construed to prohibit any person charged with
a violation of Section 11-11-2 from demanding
a court hearing on the alleged violation. The
provisions of this Subsection shall not be ap-
plicable upon the filing of a complaint and
summons for the third or subsequent violation
of this Section.
11-11-3 REMOVAL OF EXCREMENT; DAMAGE TO SHRUBBERY, PLANTS, ETC.
(a) It shall be unlawful for any person who possesses,
harbors, or is in charge of any dog not to imme-
diately remove excrement deposited by said dog
upon a common thoroughfare, street, sidewalk,
play area, park, or upon any other public prop-
erty, or upon any private property when permis-
sion 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 excre-
ment 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, flowers,
grass, lawn, fence, or anything whatsoever upon
any public premise or upon any private premise
owned or occupied by a person other than the
owner, possessor, or keeper of such dog, and
the same is hereby declared to be a public nui-
sance and prohibited.
11-11-4 DOGS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSI-
TION
(a) Any dog or dogs found running at large shall be
taken by the Animal Warden and impounded in the
shelter designated as the City Animal Shelter,
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. Dogs not claimed
by their owners before the expiration of six (6)
days 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
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 dog has not been claimed by its owner.
(c) When dogs are found running at large and their
ownership is known to the Animal Warden, such
dogs need not be impounded, but such officer
may cite the owners of such dogs to appear in
court to answer charges of the violation of
this ordinance.
(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 con-
ditions whereby they may regain custody of
such dogs.
(e) Any animal, other than a dog, found running at
large within the city limits may be impounded
or disposed of according to law when such ac-
tion is required, either to protect the animal
or to protect the residents of the city. The
owner of any animal so impounded may reclaim
such animal upon payment of all costs and
c harges incurred by the city for impounding
and maintenance of such animal.
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 identi-
fying number thereon corresponding 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 THREE DOGS ON
PREMISES; LICENSE REQUIREMENTS
No household, place or premises may have more than
two (2) dogs over six (6) months of age without
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first having procured a City Hobby Breeder's Li-
cense as hereinafter provided. A City Hobby Breed-
ers License shall not be required where the place
or premises are currently licensed as a pet shop
or boarding kennel, pursuant to Sections 12-57-101,
et seq., C.R.S. 1973, as amended. All households
presently owning three (3) dogs without a Hobby
Breeder's License may maintain three (3) dogs cur-
rently owned, but shall not maintain more than two
(2) dogs upon 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
(a) An application to maintain a hobby breeder's
operation shall be made upon forms supplied
by the Director of Finance and shall contain
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 objection to the issuance of
said license, and such additional 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 applica-
tion and premises. The application shall be
accompanied by a payment of a fee in the amount
of fifty ($50.00) dollars.
11-11-8 LICENSE ISSUANCE; RENEWAL
(a)
(b)
In the event that the Director approves the
application and determines that the appli-
cant 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 operation.
Upon issuance of the City Hobby Breeder's
License, the licensee may carry on a limited
breeding p r ogram, but may not maintain more
than five (5) dogs over six (6) months of age,
nor more than twenty (20) puppies welped and
transferred in any twelve-month period.
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(c) The Hobby Breeder's License under the pro-
visions 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 Di-
rector, shall contain such information as
will enable him to determine if the appli-
cant is qualified to continue to hold a
license and shall be accompanied by a re-
newal fee of twenty-five ($25.00) dollars.
11-11-9 HOBBY BREEDER OPERATION
O~erator's Duties. Every person licensed under
t is ordinance to operate as a hobby breeder shall:
(a) Maintain the premises and facilities in a
sanitary condition .
(b) Provide adequate ventilation for the facilities
used for animals.
(c) Provide adequate nutrition for and humane care
and treatment of all dogs under his care and
control.
11-11-10 RIGHT OF ENTRY; INSPECTIONS
It shall be lawful for the Animal Warden or any em-
ployee 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 in-
spect any records required to be kept by this ordi-
nance or regulations made pursuant thereto.
11-11-11 DENIAL, 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 upon finding that licensee
has been guilty of the following:
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(a) The licensee has been convicted of two
(2) violations of Section 11-11-2 within
a twelve-month period.
(b) The 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,
C.R.S. 1973, as amended.
11-11-12 VACCINATION REQUIRED
Each dog over six (6) months old shall be vaccinated
against rabies, such vaccination to be repeated an-
nually thereafter. Dogs shall be vaccinated by any
veterinarian licensed to practice veterinary medicine .
A certificate of vaccination in duplicate shall be
completed by the veterinarian, one copy to be issued
to the dog owner and one to be retained in the vet-
erinarian'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.
(b ) It shall be lawful for any police officer or
animal warden to go on any premises in the City
for the purpose of determining whether or not
any dog or animal being harbored, maintained
or kept on said premises is in violation of
any of the provisions of this Section .
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11-11-13 RABIES SUSPECTS AND BITING DOGS
Any dog or other animal 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 su-
pervision 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 or other animal impounded under the pro-
visions 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 such animal impounded under the provisions
of this Section shall be destroyed upon deter-
mination that such animal is infected with
rabies.
11-11-14 RABIES SUSPECTS; DISPOSITION
Dogs known to have been bitten or exposed to a rabid
animal shall be:
(a) Immediately destroyed upon determination by a
licensed veterinarian that the animal is rabid;
or
(b) Released upon proof of immunization and "booster"
injections, given by a licensed veterinarian.
11-11-15 RECORDS; REPORTS
The Police Department shall maintain a record of all
animals impounded, together with all fees collected.
A monthly report shall be made to the Manager and
all fees transmitted to the Treasurer daily.
11-11-16 VICIOUS DOGS; GUARD OR ATTACK DOGS
(a) It shall be unlawful for any person to keep or
harbor a fierce or vicious dog. For the pur-
poses of this Chapter a fierce or vicious dog
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is hereby defined and declared to be a dog
that bites or attacks human beings or in a
vicious and terrorizing manner attacks, or
approaches in apparent attitude of attack
upon a person upon the streets, sidewalks
or any public ground or place or any pri-
vate 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 horses, bicycles or any vehicle being
ridden or driven upon the streets, side-
walks or any public ground or place within
the City.
(b ) Dogs maintained as guard dogs or placed in
an enclosed area for the protection of per-
sons 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 or other enclosed space when
not being used as a guard dog .
(c ) All persons owning or controlling an attack
or guard dog on premises within the municipal-
ity shall notify the Police Department in writ-
ing of the name of the owners or persons in
control of such premises and the street ad-
dress thereof. Such notification shall be
furnished within seventy-two (72) hours from
the time said dog is brought to said premises.
(d ) Upon receipt of such notification, the Police
Department shall furnish such information to
the Fire Department of the City.
(e ) The owner, or other persons in control if not
the owner, of all premises upon which 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 be posted at each
driveway or entranceway to said premises.
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(f) If attack or guard dogs on said premises are
owned or maintained thereon by any guard or
security service, the signs aforesaid shall
also contain the phone number of such service.
No attack or guard dogs may be maintained in
the municipality by such service unless the
telephone for which such number is posted is
manned by responsible personnel twenty-four
(24) hours daily.
(g) Said signs shall contain lettering clearly
visible from either the curbline, or a dis-
tance of fifty (50) feet, whichever is lesser.
11-11-17 BARKING DOG; HARBORING PROHIBITED
No person shall keep or harbor a dog which by loud
or frequent or habitual barking, yelping, or howl-
ing shall cause a serious annoyance to the neighbor-
hood, or to people passing to and from upon the
streets or sidewalks .
11-11-18 POISONING DOGS
It shall be unlawful for any person to poison any
dog or to distribute poison in any manner whatsoever
with intent or for the purpose of poisoning any dog.
11-11-19 POLICE DOGS
It shall be unlawful for any person to wilfully or
maliciously torture, torment, beat, kick, mutilate,
injure, disable or kill any dog used by the Police
Department in the performance of the functions and
duties of such department, or to unwarrantably in-
terfere with or meddle with any such dog while be-
ing used by said Department or any officer or mem-
ber thereof in the performance of any of the func-
tions or duties of said Department or of such of-
ficer or member.
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I ntroduced, read in full and passed on First Reading
on the 20th day of October, 1975.
Published as a Bill for an Ordinance on the 22nd day
of Oc tober, 1975.
Read by title and passed on Final Reading on the 17th
day of November, 1975.
Published by title as Ordinance No. 44 , Series of
1975 on the 19th day of November, 1975.
ATTEST:
I , William D. James, do hereby certify that the above and
foregoi ng is a true, accurate and complete copy of the Ordinance
passed on Final Reading and published by title as Ordinance
o. 44 , Series of 1975.
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