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TITLE 6

ANIMALS

 

Chapters:

 

            6.04                 ANIMAL CONTROL

 

 

Chapter 6.04

ANIMAL CONTROL

 

Sections:

 

            6.04.010          Definitions.

            6.04.020          Licensing

            6.04.030          Control.

            6.04.040          Rabies Control.

            6.04.050          Vicious Dogs.

            6.04.060          Impoundment.

            6.04.070          Public Nuisances; Duty of Owner.

            6.04.080          Animal Care; Humane Treatment.

            6.04.090          Motor Vehicle Accidents; Animals.

            6.04.100          Interference with Animal Control; Prohibited.

            6.04.110          Protective Custody.

            6.04.120          Animal Defecation.

            6.04.130          Cooperation with Other Offices.

            6.04.140          Enforcement.

            6.04.150          Penalty for Violation.

 

 

            6.04.010   Definitions.  As used in this Ordinance, the following words have the following meanings:

 

            A.        "Animal Control Officer" means a Trustee of the Town of Nunn, an employee of the Town of Nunn, or Humane Officer so designated by law under the ordinances of the Town, to enforce the provisions of this Ordinance.  (Ord. 152, 1997)

 

            B.        "Animal Shelter" means a facility in which to impound animals held by the Town, or a Humane Society, pursuant to contract, acting for the Town.  (Ord. 152, 1997)

 

            C.        "At-Large" means off the premises of the owner and not under the control of the owner.  (Ord. 152, 1997)

 

            D.        “Bodily Injury” means physical injury to the body or person of a human being.  (Ord. 152, 1997)

 

            E.         “Control” means physical restraint by use of a leash or a containing device.  (Ord. 152, 1997)

 

            F.         “Daylight Hours” means one-half hour before sunrise until one-half hour after sunset.  (Ord. 152, 1997)

 

            G.        "Humane Officer" means the same as Animal Control Officer as described herein.  (Ord. 152, 1997)

 

H.         "Leash" and "Lead" mean a thong, cord, rope, chain, or similar device which holds an animal in restraint, and which is not more than ten (10) feet long.  (Ord. 152, 1997)

 

I.           “Livestock” means any bovine animal, horse, mule, ass, sheep, goat, fowl, or swine.  (Ord. 152, 1997)

 

            J.         "Owner" means any person, partnership or corporation owning any dog(s), or having the same in his, her or its care, custody or control; or who shall cause, encourage, or suffer the same to remain on their premises for a period of three consecutive days or more.  (Ord. 152, 1997)

 

K.        "Premises" means real property owned, rented, leased, used, kept, or occupied by a person or persons, a partnership, a corporation or governmental unit, howsoever described.  (Ord. 152, 1997)

 

            L.         "Public Nuisance" means any animal that:

 

                        1.         Menaces or attacks persons or vehicles.  (Ord. 152, 1997)

 

                        2.         Menaces or attacks other animals.  (Ord. 152, 1997)

 

                        3.         Is at-large.  (Ord. 152, 1997)

 

                        4.         Damages public or private property.  (Ord. 152, 1997)

 

                        5.         Goes upon public property which is marked or signed "No Dogs Allowed" without the permission of the person in charge thereof, excluding seeing eye dogs or dogs trained as ears for the deaf and being used for such purposes at the time.  (Ord. 152, 1997)

 

                        6.         Barks, whines, howls, or makes any other noise in a manner, which, under the non-mitigating circumstances, could be considered by reasonable persons of ordinary sensibilities, as excessive, or continuous, or in such manner as to interfere with the sleep of any person or persons.  (Ord. 152, 1997)

 

                        7.         Being a female in heat, because of the nature of its confinement, or lack of the same, has attracted other animals and caused them to congregate or remain on or about the premises.  (Ord. 152, 1997)

 

                        8.         Would be considered by normal persons or is considered by an Animal Control Officer, as described herein, as a vicious animal, or  (Ord. 152, 1997)     

 

                        9.         Any other act or condition in this Ordinance designated as a public nuisance.  (Ord. 152, 1997)

 

           M.        “Rabies Vaccination” means the inoculation of an animal with a rabies vaccine approved by the Colorado Department of Health.  (Ord. 152, 1997)

 

           N.         “Running at-Large” means the same as “At-Large” as previously described.  (Ord. 152, 1997)

 

           O.         “Town” means the Town of Nunn, Colorado.  (Ord. 152, 1997)

 

            P.         "Veterinary Hospital" means any premises upon which a licensed veterinarian performs surgery, makes diagnoses, and treats diseases of and injuries to animals.  (Ord. 152, 1997)

 

           Q.         “Vicious Animal” means any animal that constitutes a threat to human beings or other animals.  (Ord. 152, 1997)

 

6.04.020   Licensing.  Except as hereinafter otherwise provided, any person within this Town owning, keeping, harboring, or having custody of any dog over the age of six (6) months shall obtain a license for each animal in the manner hereinafter specified with a maximum of four (4) licenses or dogs allowed per premises.  (Ord. 152, 1997)

 

A.        Application -- Time for Application.  An applicant for such license shall apply for a license within thirty (30) days after having begun to keep, harbor, or have custody of, any such dog, or within thirty (30) days after such dog is brought into this Town; provided, however, this requirement does not apply to a non-resident, keeping a dog within the Town for not longer than sixty (60) days.  (Ord. 1552, 1997)

 

B.        Application; Contents.

 

                        1.         An applicant for such license may apply to the Town Clerk.  Such application shall be upon forms provided by the Town and shall contain at least the following information:  (Ord. 152, 1997)

 

                                    a.         The name, address, and telephone number (if any) of the owner;  (Ord. 152, 1997)

 

                                    b.         The “call name”, breed, age, color, and sex of the animal.  (Ord. 152, 1997)

 

                        2.         Such application shall be accompanied by:

 

                                    a.         A valid rabies vaccination certificate issued by a licensed veterinarian, which certificate shall contain at least the following information:  (Ord. 152, 1997)

 

                                                (1)       The name, address, and telephone number (if any) of the owner of the vaccinated dog;  (Ord. 152, 1997)

 

                                                (2)       The date of said vaccination;  (Ord. 152, 1997)

 

                                                (3)       The date of expiration of said vaccination;  (Ord. 152, 1997)

 

                                                (4)       The type of rabies vaccine used;  (Ord. 152, 1997)

 

                                                (5)       The year and number of the rabies tag;  (Ord. 152, 1997)

 

                                                (6)       The breed, age, color, and sex of the vaccinated dog;  (Ord. 152, 1997)

 

                                                (7)       The signatures of the veterinarian administering the vaccine; and   (Ord. 152, 1997)

 

                                    b.        The license fee hereinafter required.  (Ord. 152, 1997)

 

C.        License Issuance.  A license shall not be issued if the vaccination expires prior to December 31st of the licensing year.  Upon acceptance of the completed license application and receipt of the rabies vaccination certificate, and after payment of said license fee, the Town Clerk shall issue a durable tag stamped with an identifying number and year of issuance.  The said license is an annual license for the period beginning on January 1st of each year and expiring on December 31st of each said year; and provided further that any dog released from impoundment to the owner shall first have been duly licensed as hereinabove provided, regardless of age.  (Ord. 152, 1997)

 

D.        License Use.  Dogs shall wear said tags at all times while outside of the owner’s premises.  No person shall use or permit the use of a license tag for an animal other than the animal for which such tag was duly issued.  (Ord. 152, 1997)

 

E.         Duplicate License.  A duplicate license maybe obtained upon payment of a 50¢ replacement fee.  (Ord. 152, 1997)

 

F.         Records.  The Town Clerk shall maintain a record of all tags so issued and such record may be inspected by the public at reasonable and convenient times during regular business hours but in such a manner as not to interfere unduly with the regular business of said offices.  (Ord. 152, 1997)

 

G.        License Fees.

                                                                                                Annual

           

            1.         Spayed or Neutered                                         $5.00 (Ord. 152, 1997)

            2.         Not Spayed or Neutered                                  $10.00 (Ord. 152, 1997)

            3.         Seeing Eye                                                      50¢ (Ord. 152, 1997)

 

H.        Proof of Neuter or Spay.  For any owner to avail himself of the license fee for neutered male dogs or spayed female dogs, he shall first present to the Town Clerk a certificate signed by a veterinarian stating that the dog identified therein had been neutered or spayed.  (Ord. 152, 1997)

 

I.          Revocation of License.  The Animal Control Officer may, after reasonable notice and opportunity for hearing, revoke a previously issued license if:

 

                        1.         The applicant has knowingly made any material misrepresentation in the license application.  (Ord. 152, 1997)

 

                        2.         Any violation of any provision of this title is not corrected within thirty (30) days after written notice thereof has been mailed to the license holder (applicant).  Said notice is complete upon mailing.  (Ord. 152, 1997)

 

                        3.         The applicant has been convicted of a violation of this Ordinance and in such case, no new license may be issued to said owner.  (Ord. 152, 1997)

 

            J.         Resolution. The Town Board may in its discretion from time to time establish by  resolution all fees for dog licenses and other charges in connection with the control of dogs and other animals.  (Ord. 152, 1997)

 

            6.04.030   Control.

 

A.       Animals Subject to Impoundment.   Any animal that constitutes a public nuisance or is at-large may be taken by the Animal Control Officer or Humane Officer and impounded in the animal shelter. Animals impounded by the Town for animal control violations shall be turned over to Weld County Animal Control as soon as practical and shall be subject to such further fees and charges as may be assessed by Weld County Animal Control or its agents or contractors.  (Ord. 152, 1997)

 

            B.        Medical Treatment for Injured Animals.  Animals killed or injured on or along public streets are deemed to have been running at-large and the Animal Control Officer or the Humane Officer may remove such animals therefrom and in his discretion may take those needing medical attention to the animal shelter or a veterinarian. The owner of any animal receiving such medical attention shall pay the Town for the cost thereof, which cost may, if the owner refuses to pay therefor, be recovered by a personal civil action by the Town against the owner. The Town is not and will not be liable for the cost of treatment for such animals.  (Ord. 152, 1997)

 

C.        A dog(s) shall be deemed to be running at-large when off or away from the premises of its owner and not under the control of such owner.  (Ord. 152, 1997)

 

D.        It shall be deemed that a dog(s) is not under the control of its owner when the dog(s) inflicts damage or injury to the person or property of another or by harassing, chasing, or attacking people, livestock (or worrying livestock as defined in 35-43-126 C.RS.), or wildlife, except in the defense of the owner, his family or property.  (Ord. 152, 1997)

 

E.         "Control" as defined shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter during daylight hours or assisting enforcement officers or while actually being trained for any of these pursuits.  (Ord. 152, 1997)

 

            F.         Disturbance of Peace and Quiet.  No owner of an animal in the Town shall permit such animal to disturb the peace and quiet, or the quiet enjoyment of the premises of any family, individual, or neighborhood by barking, whining, howling, or making any other noise in an excessive or continuous manner so as to interfere with the sleep of any reasonable person of ordinary sensibilities.  The Animal Control Officer and the Humane Officer have authority, without liability, to use all reasonable means to abate said nuisance including the authority to impound such animal, upon receipt of a signed complaint, where the owner is absent from the premises; provided, however, that this authority does not extend to entering the owner's dwelling or other building upon the owner's premises.  Upon impoundment of an animal for violation of this section, said officers, or any of them, shall attempt to identify the absent owner by reasonable means as soon as possible, and such animal may not be destroyed until the owner is notified and has had an opportunity to redeem the animal from impoundment.  Whenever a person is charged with a violation of this section, he shall not be convicted thereof unless two or more complaining witnesses testify at the trial or other corroborating evidence is presented and received.  (Ord. 152, 1997)

 

G.        Animals in Heat.  An Animal Control Officer or the Humane Officer may order any unspayed female dog that is in a state of estrous (heat) and is not properly confined, or any such animal that is creating a public nuisance, to be properly confined, or any such animal that is creating a public nuisance, to be removed to a boarding facility or a veterinary hospital until the period of estrous is finished.  All expenses incurred as a result of said order shall be paid by the animal's owner.  Failure to comply with such an order is a violation of this section, and the animal may be impounded at the owner's expense.  (Ord. 152, 1997)

 

H.        Damage to Property.  Any animal owner whose animal, whether or not running at- large, destroys, damages, or injures any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public property or upon private property when permission of the owner or tenant of said property has not been obtained, in violation of this section, and the same is a public nuisance.  (Ord. 152, 1997)

 

            6.04.040   Rabies Control.

 

A.        Inoculation Required.  The owner of every dog and cat over the age of six (6) months shall cause such dog or cat to be inoculated against rabies and said owner shall obtain from a licensed veterinarian a rabies vaccination certificate containing the information required above in Section 6.04.020,B.,2.  (Ord. 152, 1997)

 

B.          Reporting Animal Bites.  The owner of any animal that bites a human being shall report      the occurrence to the Animal Control Officer when known to him or reported to him, and shall deliver the animal to an Animal Control Officer and shall provide such further information requested by the Animal Control Officer.  (Ord. 152, 1997)

 

C.        Quarantine of Dangerous Animals.  Any animal that bites a human being shall be quarantined pursuant to one of the following procedures for a period of not less than ten (10) days:

 

                        1.         If the owner of the animal shows a valid rabies vaccination certificate and provides written assurance that the animal shall be and remain quarantined, the animal may be quarantined on the owner's premises; or  (Ord. 152, 1997)

 

                        2.         In any other event, the animal shall be quarantined at the animal shelter or at a veterinary hospital at the expense of the owner.  (Ord. 152, 1997)

 

           D.         Handling Rabies Cases.

 

                        1.         Every person having knowledge thereof shall report to the Animal Control Officer any suspected or positively diagnosed occurrence of rabies and any  biting by any suspected or confirmed rabid animal.  (Ord. 152, 1997)

 

                        2.         No person shall kill any suspected or confirmed rabid animal except upon the prior written consent of the Animal Control Officer or in defense of a human being or other animal or to prevent the escape of such suspected or confirmed rabid animal. (Ord. 152, 1997)

 

                        3.         No person shall remove the dead body of any suspected or confirmed rabid animal from where the animal was killed or found without the prior written approval of the Animal Control Officer.  (Ord. 152, 1997)

 

E.         Destruction of Rabid Animals.  If rabies has been diagnosed in any animal by a veterinarian or medical doctor, such animal shall be summarily destroyed and its brain sent immediately to the State Health Department in Denver for positive verification, at the owner's expense, or the animal or its body may be disposed of according to law, regulation, or order of said Department of Health.  (Ord. 152, 1997)

 

F.         Animals without Incubation Period.   If a standard rabies incubation period has not been established for a particular species of animal, and any animal of that species has been diagnosed as rabid, it shall be summarily destroyed, and if involved with another animal or human, a necropsy shall be performed to determine whether the other animal is contaminated by rabies.  (Ord. 152, 1997)

 

G.         Area-Wide Quarantine.  When there has been a positive diagnosis of rabies within the Town, the Mayor may declare a Town-wide quarantine for a reasonable period of time not to exceed six (6) months. During the period of such quarantine, every owner of animals shall confine his or her animals within the premises of the owner and shall not transport, take, or remove his or her animal from the Town without the prior written consent of the Animal Control Officer.  (Ord. 152, 1997)

 

6.04.050   Vicious Dogs.

 

            A.        No person shall own, keep, harbor, or possess any vicious animal in the Town provided, however, that an animal shall not be deemed a vicious animal because it has attacked or bitten any or all of the following persons:  (Ord. 152, 1997)

 

                        1.         Any person engaged in the unlawful entry into or upon the animal owner’s property where such animal is kept; or  (Ord. 152, 1997)

 

                        2.         Any person engaged in the unlawful entry into the animal owner’s automobile or other vehicle wherein such animal is confined; or  (Ord. 152, 1997)

 

                        3.         Any person engaged in attempting to aid such animal when it is injured.  (Ord. 152, 1997)

 

B.        For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the said property in the performance of any duty imposed' upon him by the laws of this State or Town or the law or Postal Regulations of the United States or when he is on such, property at the invitation, expressed or implied, of the owner thereof.  (Ord. 152, 1997)

 

C.        It is the duty of the Animal Control Officer or any police officer of the Town to investigate all complaints concerning vicious or dangerous animals.  After such investigation, the Animal Control Officer shall determine whether such animal should be confirmed as provided herein.  (Ord. 152, 1997)

 

            D.        If the Animal Control Officer of the Town deems an animal to be a vicious animal, he shall issue a written warning to the owner of the said animal or he may cause criminal charges to be filed in Municipal Court against the owner alleging the vicious propensities of such animal.  (Ord. 152, 1997)

 

            E.         If the Municipal Court finds that the evidence supports such charge, the Judge shall order the animal to be destroyed by the Animal Control Officer in an approved humane manner.  (Ord. 152, 1997)

 

            F.         It is the duty of the Animal Control Officer to seize and impound any vicious animal observed in violation of this Chapter, whether or not said vicious animal is on the premises of the owner, by whatever means is reasonable.  (Ord. 152, 1997)

 

            6.04.060    Impoundment.

 

A.        Animals Subject to Impoundment.  Any animal which constitutes a public nuisance as herein defined or which has or is suspected of having rabies, or which is found running at-large or otherwise in violation of this Ordinance, shall be taken into the custody of the Animal Control Officer, Humane Officer, or any officer, and shall be humanely impounded in the Animal Shelter. (Ord. 152, 1997)

 

 

B.        Disposition of Impounded Animals.

 

                        1.         Immediately upon impounding any animal, the Animal Control Officer shall post notice of such action in a public place at the Animal Shelter and at the Town Hall.  The said officer shall mail notice to the owner of such animal at the owner's last known address as indicated on the most recent license application unless verbal notice of impoundment is given to the owner or another person of suitable age and discretion who resides with the owner.  Said notice shall be effective upon mailing.  (Ord. 152, 1997)

 

                        2.         In no event shall any animal be disposed of prior to the expiration of seventy-two (72) hours after said notice has been given as provided above or, in the event the owner is unknown, after the expiration of seventy-two (72) hours after impoundment; provided, however, such animal may be disposed of at any time pursuant to the direction or authorization of State or other health authorities.  (Ord. 152, 1997)

 

                        3.         Any animal not reclaimed by its owner within the time heretofore established in Subsection 2, above, may be humanely euthanized or adopted.  (Ord. 152, 1997)

 

           C.         Release of Impounded Animals.

 

                        1.         An Animal Control Officer or Humane Officer shall not release, except to a veterinarian, any animal which is dangerous or shows symptoms of rabies or other infectious or contagious diseases.  (Ord. 152, 1997)

 

                        2.         An unlicensed dog shall not be released until such animal has been duly licensed and vaccinated for rabies. Upon receipt of an immunization deposit, however, such animal may be released in order that it may be immunized.  Upon proof that such animal has been duly immunized within five (5) working days after such release, the Town Clerk shall refund such immunization deposit.  (Ord. 152, 1997)

 

                        3.         An unlicensed dog shall not be released until such animal has been duly licensed and vaccinated for rabies. Upon receipt of an immunization deposit, however, such animal may be released in order that it may be immunized.  Upon proof that such animal has been duly immunized within five (5) working days after such release, the Town Clerk shall refund such immunization deposit.  (Ord. 152, 1997)

 

 

 

           D.         Owner’s Liability for Fees.

 

                        1.         An owner reclaiming an impounded animal shall be assessed double the costs incurred on behalf of such animal for care, subsistence, custody, impoundment, plus all other fees and charges as fixed in this Ordinance.  (Ord. 152, 1997)

 

                        2.         The owner of an impounded animal remains personally liable for all impoundment and subsistence fees, notwithstanding that the owner may abandon the animal or the animal is adopted or euthanized.  Failure to pay said fees is a violation of this Ordinance.  (Ord. 152, 1997)

 

E.         Ownership of Unclaimed Animals.   Any animal not duly reclaimed within seventy-two (72) hours after notice has been given pursuant to Subsection B.2. above by its owner, becomes and is the property of the Town and the owner is deemed to have abandoned the animal and forfeited his rights thereto, and has no cause of action against the Town or its employees as a result thereof.  (Ord. 152, 1997)

 

6.04.070   Public Nuisances; Duty of Owner.  The Town Board hereby finds, determines and declares that the following animals are detrimental to the public health, safety and welfare of the inhabitants of the Town, and hereby find, determines and declares each such animal to be a public nuisance:  (Ord. 152, 1997)

 

Any animal that:

 

A.        Menaces or attacks persons or vehicles;  (Ord. 152, 1997)

 

B.        Attacks other animals; (Ord. 152, 1997)

 

C.        Goes upon public property which is marked or signed “No Dogs Allowed” without the permission of the person in charge thereof, excluding seeing eye dogs or dogs trained as ears for the deaf and being used for such purposes at the time; (Ord. 152, 1997)

 

D.        Is at-large; (Ord. 152, 1997)

 

E.         Barks, whines, howls, or makes any other noise, in a manner which, under non-mitigating circumstances, could be considered by reasonable persons of ordinary sensibilities as excessive, or continuous or in such a manner as to interfere with the sleep of any such person or persons;  (Ord. 152, 1997)

 

F.         Being a female in heat, because of the nature of its confinement, or lack of the same has attracted other animals and caused them to congregate or remain on or about any premises;  (Ord. 152, 1997)

 

G.        Has not been duly licensed or vaccinated as required by this Ordinance;  (Ord. 152, 1997)

 

H.        Has been abandoned;  (Ord. 152, 1997)

 

I.          Is not under control as required by this Ordinance;  (Ord. 152, 1997)

 

J.         Damages public property or private property not owned by the owner;  (Ord. 152, 1997)

 

K.        Has contracted rabies or other contagious or pestilential disease and is not under the care of a veterinarian;  (Ord. 152, 1997)

 

L.         Is a vicious animal;  (Ord. 152, 1997)

 

            M.        Is tied or otherwise physically fastened to any object on public property and the owner has departed from the immediate vicinity or location where the animal has been physically fastened; or, is on private property and is tied or fastened so as to create an immediate danger to the physical well being of the animal or any person;  (Ord. 152, 1997)

 

N.        Is on premises open to the public where food or beverages are prepared, stored, or sold; provided, however, this paragraph does not apply to seeing eye dogs or dogs trained as ears for the deaf and used for such purposes at the time;  (Ord. 152, 1997)

 

O.        Defecates on public property or private property not owned by the owner;  Ord. 152, 1997)

 

P.         Is a domesticated animal and is found in pubic park, either on a leash or unleashed.  This subsection does not apply to seeing eye dogs, government owned animals, or animals participating in shows or exhibits that are conducted in compliance with officially sanctioned activities;  (Ord. 152, 1997)

 

Q.        Any dog considered as herein described as a vicious animal.  (Ord. 152, 1997)

 

6.04.080   Animal Care; Humane Treatment.  It is unlawful for any person to:

 

A.        Fail to provide an animal owned or in the custody of such person with adequate food and water, proper shelter, veterinary services and with humane care and treatment necessary to maintain the good health of the animal and to prevent suffering by the animal;  (Ord. 152, 1997)

 

            B.        Physically abuse any animal;  (Ord. 152, 1997)

 

C.        Torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals, or between animal and humans;  (Ord. 152, 1997)

 

D.        Abandon an animal (in this context abandon means to leave the animal unattended for more than forty-eight (48) consecutive hours;  (Ord. 152, 1997)

 

E.         Intentionally or maliciously kill or injure any animal, unless such act is necessary to defend a human being or other animal from immediate attack or as otherwise authorized by law or ordinance;  (Ord. 152, 1997)

 

 

            F.         Confine any animal within a parked, closed vehicle, without allowing cross ventilation to prevent the animal from suffering heat exhaustion, heat stroke or death; and under no circumstances shall such person confine such animal in any parked, closed vehicle on any public street or way for more than one (1) hour. Any Animal Control Officer observing any animal kept in violation of this Paragraph F may enter said vehicle, leaving written notice in said vehicle, and shall impound such animal to protect its well being. Any such officer making an entry to any such vehicle for the purposes of this Paragraph F. is immune from suit or liability, criminal or civil, for, caused by, or arising out of such entry;  (Ord. 152, 1997)

 

G.        Keep any animal in his or her custody for more than twelve (12) consecutive hours without providing for the animal's physical needs;  (Ord. 152, 1997)

 

H.        Take and deliver to the Animal Shelter or elsewhere an animal not his own from any enclosed lot, premises, or other building not his own unless he shall have first received permission from the owner of such animal, as well as the owner or person in possession of said premises, or as otherwise authorized by this Chapter;  (Ord. 152, 1997)

 

I.          Without the consent of the owner, release any dog from restraint except when necessary to preserve the life of such dog; provided, however, when a dog has been released under such necessity the person making such release shall immediately return the dog to the custody of its owner;  (Ord. 152, 1997)

 

J.         Tie or to otherwise physically fasten an animal to any object on a public way, or so near to a public way that the animal may go upon the same, and to leave the animal and depart the immediate vicinity thereof;  (Ord. 152, 1997)

 

K.        Tie or otherwise physically fasten an animal in such a manner as to create an immediate physical danger to the well being of the animal;  (Ord. 152, 1997)

 

L.         Expose to any known poisonous substance, whether mixed with food or not, so that a reasonable person would know or should know that such substance would probably cause animals to be attracted thereto, eat thereof, and be poisoned thereby; provided, however, this section does not make unlawful the poisoning of rats or mice with commercial rat poison with vegetable substances;  (Ord. 152, 1997)

 

M.        Set any type of steel jaw trap or any other inhumane trap which, by its nature, may  kill or maim any animal, including a human; provided, however, this section does not prohibit the use of common rat and mousetraps.  (Ord. 152, 1997)

 

N.        Number of animals allowed on non-conforming agriculturally zoned lots shall be two livestock for lots one acre or smaller. For lots larger than one acre, there shall be no more than one livestock per one-half acre.  (Code, 2002)

 

6.04.090   Motor Vehicle Accidents; Animals.  Any person who, while driving a motor vehicle, strikes or injures any domestic animal, shall:

 

A.        Stop immediately and if safe to do so, render assistance to the animal, and, (Ord. 152, 1997)

 

B.        Immediately report the accident to the owner of the animal, or  (Ord. 152, 1997)

 

C.        If after a reasonable search, said driver cannot locate the owner, immediately report the accident to the Animal Control Officer or the Police.  (Ord. 152, 1997)

 

6.04.100   Interference with Animal Control; Prohibited.  No person shall knowingly resist, oppose, obstruct, or interfere with any Animal Control Officer or Police Officer acting within the scope of his authority under this Chapter, or by threats or otherwise to intimidate or attempt to intimidate any such Animal Control Officer or Police Officer in the discharge of his official duty.  (Ord. 152, 1997)

 

6.04.110   Protective Custody.

 

A.        Any animal found receiving inhumane treatment as described in Section 9 of this Ordinance may be removed and impounded at the expense of the owner by the Animal Control Officer, Police Officer, or the Humane Officer.  (Ord. 152, 1997)

 

B.        Any animal whose life reasonably appears to be endangered may be so removed and impounded, whether or not in the presence of its owner.  (Ord. 152, 1977)

 

 

 

 

6.04.120   Animal Defecation.

 

A.        Any owner taking the animal upon any public way or other public property in the Town shall immediately remove or cause to be removed and lawfully dispose of all fecal matter left on such property by the animal;  (Ord. 152, 1997)

 

B.        Any owner taking any animal upon any private property other than his own shall immediately remove or cause to be removed and lawfully dispose of all fecal matter left on such property by the animal.  (Ord. 152, 1997)

 

6.04.130   Cooperation with Officers.

 

A.        The Animal Control Officers, Police Officers, and Humane Officers acting under the direction of an Animal Control Officer or Police Officer may enforce the provisions of this Chapter, and may cooperate with state, county, and federal or other governmental officers, employees, or agents to enforce this Chapter or laws of the other said governmental subdivisions which relate to animal control, protection, or humane treatment, provided however, that such cooperation takes place in the Town and in Weld County, Colorado.  (Ord. 152, 1997)

 

B.        Safety of Public Officers and Public.  Any Animal Control Officer, Police Officer or Humane Officer may, when reasonably necessary to protect his own person or that of members of the public, immediately destroy any animal. The owner of any such animal has no recourse or cause of action against either the Town or such officer, or any of them.  (Ord. 152, 1997)

 

6.04.140   Enforcement.

 

A.        The Animal Control Officer, the Humane Officer, and Police Officers shall enforce the provisions of this Chapter. It is a violation of this Chapter and this Section for any person to interfere with any Animal Control Officer, any Police Officer, or any Humane Officer who is performing his duties pursuant to this Chapter, the Ordinances of the Town of Nunn, or State law.  It is a violation of this Chapter for any person to fail to obey a lawful order of any such officer.  (Ord. 152, 1997)

 

            B.        Officers and agents of the Humane Society shall be provided with certificates by such society that they are such officers and agents, in such form as the directors of such society may choose, or with a badge bearing the name or seal of such society, and shall, if requested, show such certificate when acting officially.  (Ord. 152, 1997)

 

            C.        Any officer, agent or employee of the Humane Society of Weld County, if such society is under contract with the Town, may perform such functions as provided by said contract and by this Ordinance and, in performing such functions, has the same authority as an Animal Control Officer or special Police Officer of the Town.  (Ord. 152, 1997)

            It is the purpose of this Section, among other things, to authorize officers, agents, and employees of the Humane Society of Weld County to enforce the provisions of this Chapter to the extent provided in a current contract then in force between the Town and said Humane Society.  It is also the intention of this Section that under those circumstances, officers, agents, and employees of said Humane Society shall be deemed to be, and are, “peace officers” within the meaning of the Colorado Municipal Court Rules of Procedure for purposes of issuing summonses and complaints relating to the enforcement of this Chapter.  Nothing in this Section or Chapter may be construed to, and in no way does, limit the authority of police officers to enforce this Chapter.  (Ord. 152, 1997)

 

            D.        Placement of Live Traps; Prohibited.  The Animal Control Officers, Humane Officers and Police Officers may place and set humane or live traps for the purpose of capturing unrestrained animals on any property in the Town at the written request of the owner of such property.  No person, other than said officers, shall molest or release any animal trapped therein or bother in any way any trap set pursuant to this Section.  (Ord. 152, 1997)

 

            E.         Unauthorized Traps; Confiscation.

 

                        1.         No person shall use unauthorized or inhumane traps within the Town.  (Ord. 152, 1997)

 

                        2.         The Animal Control Officers and Humane Officers shall confiscate and destroy all unauthorized or inhumane traps.  (Ord. 152, 1997)

 

                        3.         No person using or setting unauthorized or inhumane traps has any cause of action, civil or criminal, against the Town or its officers as a result of the confiscation of such traps as hereinbefore provided.  (Ord. 152, 1997)

 

           F.         Unprovoked Biting of Humans.

 

 


 

                        1.         If any animal, being unprovoked, bites a human being for the first time, the Town Board may prohibit the owner thereof from keeping such animal within the Town or order the animal destroyed.  (Ord. 152, 1997)

 

                        2.         If an animal, being unprovoked, bites a human being for the second or additional time, the Town Board shall prohibit the owner thereof from keeping such animal within the Town, or the Board shall order the animal destroyed.  (Ord. 152, 1997)

 

6.04.150   Penalty for Violation.  Any person who violates any provision of this Ordinance or commits any unlawful act defined by this Ordinance, or any person who fails to perform any act required by this Chapter, or any person who fails or refuses to comply with any lawful order given pursuant to this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as follows:  (Ord. 152, 1997)

                                                                        Minimum                     Maximum

 

            First Offense                                       Warning                       Warning (Ord. 152, 1997)

            Second Offense                                   $50.00                         $50.00 (Ord. 152, 1997)

            Third or subsequent offense                $100.00                       $300.00 (Ord. 152, 1997)

            Fourth Offense                         $300.00                       $300.00 (Ord. 152, 1997)

 

           (Also requires a mandatory impoundment period.  Animals are kept overnight at $12.50 an animal.)  (Ord. 152, 1997)

 

The minimum fines set forth shall be mandatory and shall not be suspended for any reason.  Each day any violation continues shall constitute a separate offense and is punishable accordingly.  Any person charged with a third offense shall be required to appear in front of the Town Board to have the penalty portion set for the offense.  (Ord. 152, 1997)