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HomeMy WebLinkAbout1959 Ordinance No. 002BY AUTHORITY ORDINANCE NO. 2 SERIES OF 1959 AN ORDINANCE RELATING TO THE KEEPING AND MAINTAINING OF DOGS; PROHIBIT- ING DOGS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD, COLORADO; AUTHORIZING THE IMPOUNDING AND DESTRUCTION OF DOGS; PROHIBITING THE POISONING OF DOGS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCE NO. 11, SERIES OF 1954, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Definition of terms, as used in this ordinance, unless the context otherwise indicates. (a) "Dog" (b) "OWner" -intented to me~ both male and female. -shall be intended to mean any person or persons, firm, association or corporation owning, keeping or harboring a dog or dogs. (c) "At large"-shall be intended to mean off the premises of the owner and not under control by leash, cord, chain or otherwise, or not under the immediate control or supervision of the keeper or an employee, servant or member of the immediate family of the keeper or of the owner or an employee, servant or. member of the immediate family of the owner. Section 2. It shall be unlawful for the owner of any dog to keep or maintain any such dog unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine, within one year preceding the date on which such dog is kept or maintained, and every such dog within the limits of the City of Englewood, Colorado, shall at all times have a current rabies tag as provided by the State Department of Health, or a subdivision or legal representative of such department. Section 3. No owner or keeper of any dog shall permit such dog to be or to run at large, and the same is hereby declared to be a public nuisance. Section 4. It shall be unlawful for any owner or keeper of any dog or dogs to permit such dog or dogs, by loud and persistent habitual barking, howling or yelping, to distrub any person or neighborhood, and the same is hereby declared to be a public nuisance. It shall not be neces- sary, for the purposes of this section, to identify and describe the dog or dogs which are barking, howling or yelping, provided only that it shall be shown who has possession,.car e, custody or control of said dog or dogs. Section 5. It shall be the duty of the Chief of Police, or such person or persons as he may designate, to apprehend every dog running at large contrary to the provisions of this ordinance and to impound such dog in the City Pound or other suitable place, PROVIDED however, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any police officer. The person in charge of the City Dog Pound, or such other person as the Chief of Police may designate, upon receiving any dog shall make a complete registry, en- tering the breed, color and sex of such dog and wb ~lther or not such dog has a current rabies tag. If such dog has a current rabies tag, be shall enter the number of the said tag and the name and address of the owner, if the same can be o btained . Section 6. Not later than trree (3) days after the impounding of any dog, the owner shall be notified, o~ if the owner of the dog is unknown, ritten notice shall be posted for three (3) days in three (3) or more conspicuous places in the City of Englewood describing the dog and the time and place of taking. The owner of any dog so impounded may reclaim such dog upon payment of all costs and charges incurred by the City of Englewood for impounding and maintenance of such dog, provided that be shall also forth- with obtain a current rabies tag if such dog shall not have such tag. Section 7. It shall be the duty of the person in charge of the City Pound, or such other person as the Chief of Police may direct, to keep all dogs impounded under the provisions of this ordinance for aperiod of six (6) days. If at the expiration of six (6) days from the date of notice to the owner or the posting of such notice, such dog shall not have been redeemed, it may be destroyed. 6~~ _..._ ~ Section 8. It shall be unlawful for any person to poison any dog or dogs or to distribute poison in any manner whatsoever with the intent of poisoning any dog or dogs. Section 9. (a) Whenever, in any section of this ordinance, the doing of any act is required, prohibited or declared to be unlawful or a nuisance, any person or persons, firm, association or corporation defined as an owner under the provisions of this ordinance who shall be convicted of a violation of any such section shall for each offense be fined in a sum not more than Three Hundred Dollars ($300.00) or imprisoned not to exceed ninety (90) days. (b) any violation or violator other civil action, which Section 9 (a). The City may, in its discretion, proceed against of this ordinance by abatement, injunction or remedies shall be cumulative to the penalties in Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional bT any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent division and such holdings shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof irrespective of the fact that any one portion or portions be declared invalid or unconstitutional. Section 11. Ordinance No. 11, Series of 1954, and all other or- dinances and parts of ordinances in conflict herewith are hereby repealed. Passed on First Reading by the City Council of the City of Engle- wood, Colorado, this 5th day of January, A.D. 1959 and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Engle- wood, Colorado, this 19th day of January, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. Mayor ATTEST: I, B. O. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and fore- going ordinance was introduced, read, passed and ordered published as a bill in the Englewood Herald and Enterprise at a regular meeting of the City Council held on the 5th day of January, A.D. 1Y59, and that at least 7 days after the above publication as a bill, the above ordinance was approved, adopted and ordered published in said legal newspaper bp the City Council at a regular meeting held on the 19th day of January, A.D. 1959, as Ordinance No. 2, Series of 1959, of said City. ATTEST SEAL crty crerlC I I ,,.