HomeMy WebLinkAbout1953 Ordinance No. 018B Y A U T H 0 R I T Y
,,
l 0 R D I N A N C E NO. 1 8 S E R I E S OF 1953
:'-, l ,.. . ,~ .
• t
I
"AN OWINANCE ~EIJ,T IN G TO PROTE CTION AGAINST DOGS AND DANGEROUS ANIMALS AND THE
PO ISONING OF DOGS , PRO VIDING FOR THE PENALTIES OF VIO LA.T IONS THEREOF, AND REPEALING
ALL OR DINAN CES OR PAR TS OF ORDINANCES n ; CO NFLICT HEREWITH •"
BE IT ORDAIN ED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOO D, COLORADOz
Section 1. Vicio us Dogs ,; Fema l e Do gs; BarkinG DogsJ Dogs Damaging
Property; Public Nuisances .
A. It shall be unlawful for any owner, possessor, or person who keeps any
vi cious do g to permit the same to t e or run at large.
B. It shall oo un1 c:.wful for a ny owner, possessor or person who keeps any
female do t.; t6 p e rmit suc h f em ale do g to be or run at large wh ile s aid do g is in
est rus ( in heat or i n s ea son ) or to permit t he same to create a nuisance by
attrac ting other do gs to the premis es and t he same is hereby declare d to be a
public nuisance.
c. It s hall b e unlawful for any own er, possessor or person who keeps any
dog to p e r mit s uc h dog , by loud and pe rsistent or habitual barking, howling or
y elping t o distrub any person or neigh borhood , and the same is hereby .declared to
be a public n ~isance .
D. It shall be u ~lawful for any owne r , possessor or pe r s on who keeps any
do g to permit s uc h dog to run at lare e if such dog destroys , damages or injures any
shrubb ery, plants , fl ow ers , grass, l awn, terr ~ce or anything whatsoever in any cemetery
or up on a ny private p r <'m ises owned or occup i e d by a person other than the o~mer or
keepe r· of suc h dog , a nd th e same is hP r cb y de cla red to be a public nuisance.
E. It shall be unlawful f or any owner, possessor or person wh o keeps any
do c to permi t such d o ~ to run a ft e r a n d bark at or bite horses or vehicles upon the
str eet s or other nnblic places, a nd t he same is here by decla ·ed to be a public
nuisance .
Section 2 . Def j nitions.
A. Vicious do c is hereby define d to be any do g that attacks or bites a person
or p ersons upon th e s treets, sidewalks or any public or private place. It shall not
u e nece ssary t o show knowle dg e on the part of the keeper or owner of any such dog in
order to c onvict under t he provis ions of this section.
De A dOG shall b
re mises wh e re owned or
cont rol of t he pers on or
de em ed to ce runninc at lm·ge when off or away from the
ere it belong s and beyond the immediate supervision or
ersons who have auth ority over the same.
Sec t ion 3 . Des t ruction, Impounding or Confinement of Dogs J Duty of Police
Department; Fi ling Complaints ; Procedure .
A. It shall be the duty of t he Chief of Police or any other police officer
to see that a vicious do g is taken up an d impo un ded if found being or running at large1 and such dog may be taken up without the necessity of filing a complaint as hereinafter
p rovided .
B. Up on comp laint made i n writing to the Municipal Court that any dog is in
estrus and is creating a public nuisance, the Municipal Court shall issue a notice
order ing t he owner to abate such nuisanc e i nmed iately. Such complaint shall give
the name and a d drP.ss of the owner or keeper of such dog if known, and if not, so
stat in ;-•, and s hnll state that such is i n cs I rus and is creating a public n uisance,
and shall b c si~n e d by the comp l ainant .
If jt a pp ears from the complaint that such owner or keepe r is not known, the
·1 unicipal Co urt shall forthwith de liv e r said complaint to t he Police Department , and
it s hall b e th e duty of the Police Department , if said do g is found to be in estrus,
immediate ly to imp ound s aid do g for a p eriod of not more than three days after
receipt of said wr itten complai1 1t from the Municipal Court. If at the end of three
days the ow ner has not claiMcd the do c , said do g shall be disposed of as a stray dog
by t he Polic e Departme nt . The owner of s aid impounded dog shall pay a tJ.00 f ee
before the do g shall be r e lea sed from the Pound. The maintaining of said nuisance
after receiving the order for abatement from the Muni cipal Court shallte deemed to
a violation of t h is artic le for each day that said nuisance is maintained after
said order is i s sued . Ea c h day's violation shall be deeme d to be a separate and
distinct offense subject to penalty as herei ~ provided .
c. Up on com plaint in writin g made t o the Mun icipal Cour t of the City of
En e lewood sir.ned b , th ree (3) or more person of different households and containing
a description of such cH>g ~mose owner, or keepe r is violating the provisions of this
article , and giving t ~/name and address of the o~mer or keeper of such dog 1 if known,
I
I
and if not, so stating , and stating that such do g is a vicious dog or is a public
nuisance, the Mun icipal Court s hall issue a summons, if such owner or keeper is
known, comrr.andinr, him to a nr'ea r at said Municipa l Court at a time therein stated,
not less t hn n t hr f'c (3) nor more t han six (6) days from th e date thereof, to answer
such complaint . Such summons s hall be served not less than three (3) days before the
day of hear ing t heron in the same manne r as other Municipal Court summons. If it
appears from t he complaint that such own er is not known, a copy of the complaint
statine the t ime and place of hearing thereon shalll:e posted for at least three (3)
days prior t o t he hearin L in some conspiGuous place in the neighborhood in which the
do g is sus pe cte d to be r u nnjn g at large or ~ittin r a nuisance. On the day of the
hearing the Judge of the Municipal Court shall~r evidence in the case, which
evidence s hall include t e stimony of at leost two l2) of the complainants.
If t h e Judge shall find from the e vidence that any dog complained against
is vi cious, he s hall enter judgement accordincly1 ornering the owner immediately
and cont i nuo usly to confine the animal so as to be restrained from biting or attacking
any person . In the event the owner fnils or refuses to keep the dog so restrained at
a ll time s aft er the entry of such order, the Judge of the Municipal Court may invoke
the penalties hereof or may order the owner to remove said dog from the City or may
order suc h ot he r dis po s ition as de emed nec e ssar7 by the Court.
!f from the evidence the Judge shall find that any dog complained against
is a public nuisance as herin defined, he s hall order the owner or keeper to abate
such nuisance within five (5) days th ereaf ter. The maintaining of said nuisance after
t he expiration of said five (5) day period shall be deemed to be a violation of this
article. Each day's violat i on shall be deemed to be a separate and distinct offense
sub ject to penalty as provided herein.
If the Judge finds that the animal complained against is in fact a vicious
do g or a do c which is a public nuisa nce as defined herein and the owner of the dog
cannot be determi ned, he shall order the Police Department to provide for impounding
s a id dog by t he Police 9epartme nt and to dispose of said dog as a stray dog if the
owner does not claim said do g ~~thin three (3) days and pay a pound release of Three
Do llars (CJ ,00 ) in addition to all Court cost, fines and penalties.
Section 4. Cons t r uction of This Article as to Non-Resident, Etc.
he provisions of this Ordinance shall apply to dogs owned by non-residents
remainin G temporarily in or passing through the City of Englewood and to dogs brought
into the City od Englewood for exhibition.
Section 5. Poisoning Do gs Unlawful.
It shall be unlawful for any person to poison any dog or dogs or to distribute
is ~n in any mann e r whatsoever with the intent or for the purpose of poisioning any
dog or dogs .
Section 6 .
A~y ne rson or persons, fi1·m , partnership, association or corporation found
uilty o violat i on of any of the terms or provisions hereof shall be fined a sum
no t to exceed ~3 00 .00 or be imprison ed for a period of not more than ninety (90) days
in jail . Each day of a violation here under shall constitute a separate and distinct
offense for p urposes of this penalty provision.
F!mployers sha ll be responsible hereunder for violations committed by their
e nts, servants or employees .
Section 7. If any section , subsection, sentence, clause or phrase of this
ordinanc e-rs for any reason held to be unconstitutional, void, or invalid, the validity
of the rema i ninR portions of this ordinance shall not be affected thereby.
Section 8. The City Council hereby finds, determines and declares that this
Ordinance is necessa ry for the immediate pr e servation of the public peace, health,
safety an d convenience.
Section 9 . In the opinion of the City Council a n eme r gency exists; therefore,
this Ordinance sh all tak e effect and be in f orce from and after its final passage and
p ublication .
Passed on First Re adine by the City Council of the City of Englewood, Colorado,
this 6th day of July , A.D. 19 53, and ordered published in the Englewood Enterprise.
P: . ..;~:;:::J on Fi nal .~.t?: di.n1 • b ' lh 0 CH. Co .:.n c j l , t.'1 i:> J r ,l ct-1y of .~r c-;u c t r .• D. 1 9S 3 , ~n d ord e r ed
n11 h l i _s 1tc ~ in t..he n 1.r , , 1 I '11."·: L l .
ATTES T:
~i 2. 7_,~ -Q ayor _-7
..,,
I , J . L . Barron , Clerk of t he City of En glewood , Colorado so hereby certify that the
above f oregoing Ordinance was introduced an<l read in f ull and on Resolution was
ordered published as proposed Ordinance for the Meeting August 31 1953 held bv the City
Council on said date and same was published July 9, 1953 an d July 16 1 1953 in the
· lewood Enterpr ise and f or more than t en days thereafter and at a subsquent meeting
of the City Council held Au gust 3rd, 1953. 11 AN ORDINANCE RELATING TO PROTECTION
AGATIJST DOCS AND DA NGEROUS A'1 IMALS AND THE PO ISO NIN G OF DOOS, PROVIDIN G FOR THE
PENAL TIES OF VIOLATIONS THE REOF , AND REPEALING ALL ORDINANCES OR PARTS OF ORDINA NCES
rn CONF LICT HEREWITH •
Was duly PASSED and ADOPTE D and published in the Englewood Enterprise is s ue of July
9, 19 53 , as required by the Statutes of the State of Colorado .
C~/L~-1.J
~frCienc
I
I
I