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HomeMy WebLinkAboutR90-048 amendment of Reso 85-65 control and licensing of animals1 g Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90—(49 AMENDMENT OF RESOLUTION NO. 85-65, FOR THE CONTROL AND LICENSING OF DOGS, AND IMPOUNDMENT AND DISPOSITION OF ANIMALS WHEREAS, § 30-15 -101 et seg. C.R.S., authorizes the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the 'Board ", to adopt a resolution providing for control and licensing of dogs in the unincorporated areas of Eagle County, Colorado; and has previously adopted such regulations by Resolution No. 85 -65, adopted November 25, 1985; and WHEREAS, the Board finds that dogs running at large within the unincorporated territory constitutes a menace to the public property, health, welfare, peace, and safety; and WHEREAS, the Board finds that the current County Dog Control Resolution known as the "Eagle County Dog Control Resolution of 1985', as amended does not adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and WHEREAS, the Board has determined that the regulations previously adopted should be expanded, modified and clarified, and that the regulations adopted hereby will serve that purpose and promulgate and protect public health, welfare, property, peace and safety; and WHEREAS, this Resolution is intended to repeal and replace the "Eagle County Dog Control Resolution of 1985' and any and all amendments thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the following Resolution be and is hereby adopted: Section 1. Title This resolution shall be known as the "Eagle County Dog Control Resolution of 1990 ". Section 2. Definition For the purpose of this resolution, the following definitions shall apply: A. "Abandon(ed)" — means to deposit, leave, drop off or otherwise dispose of any living domestic animal without providing immediate humane care on any public or private property. B. "Animal" — any living vertebrate creature, domestic or wild including dogs but excluding estrayed animals as defined in § 35- 44- 101(1), C.R.S., as amended. C. "Bite" — means to be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or the skin pierced. D. "Board" — is the Board of County Commissioners of the County of Eagle, State of Colorado. E. "Control" — means physical restraint or influence over a dog by means of a leash, cord or chain no longer than ten feet (10') in length except when the dog is actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers, or while actually being trained for any of these specifically enumerated purposes. For purposes of this Resolution, control shall be construed to include authorization for the Animal Control Officer to secure the enforcement of the laws for the prevention of cruelty to animals in accordance with Section 31, herein. F. "Conviction" — means a finding of guilt by a court or acknowledgement of guilt by payment of fine pursuant to the penalty assessment procedure. G. "County" — is the County of Eagle, State of Colorado. H. "Cruelty" — occurs when a person knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills, carries in or upon any vehicles in a cruel manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge and custody of any animal, fails to provide it with proper food, drink, or protection from the weather, or abandons it. I. "Damage" — loss or harm resulting from injury to person or property. J. "Dangerous Dog" — means any dog that according to the records of the ap- propriate authority, 1. Has inflicted severe injury upon a human being without provocation on public or private property, or 2. Has killed a domestic animal without provocation while off the owner's property, or 3. Has been convicted of a violation of Section 18, or —2— l 4. Has been previously found to be potentially dangerous, the owner having received notice of such and the dog again bites, attacks, or endangers the safety of humans or domestic animals; provided, however, that dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was abusing, or assaulting the dog or was committing or attempting to commit a crime. K. 'Dog" — shall refer to any animal of the canine species, regardless of sex, including dogs of wild extraction, and a dog that is of any hereditary part related to wild canines such as but not limited to the wolf family (canis lupus), and the coyote family (canis latrans). L. "Dog Female" — means a dog of the female gender on which no alternative surgery (e.g. ovariectomy or ovariohysterectomy) has been performed. M. "Dog Spayed Female" — is a female dog on which an ovariectomy hysterectomy has been performed by a licensed veterinarian. N. 'Dog Male" — means a dog of the male gender, either castrated or not castrated. O. "Dog Owner" — a person, or any parent, guardian, or legal custodian of any unemancipated child under eighteen (18) years of age who owns, co—owns, possesses, controls, maintains, keeps, or harbors a dog or knowingly permits, or intends to permit a dog to remain for seven consecutive days on or about property or premises owned, controlled, or occupied by him or her; a kennel is not a dog owner within the purview of this definition. P. 'Dog, Stray" — shall mean any licensed or unlicensed dog found loose or unattended anywhere within the County of Eagle. Q. 'Dog Tag" — metal tag stating vaccination against rabies which is serial numbered, bearing the year of issuance, the name of Eagle County, and the telephone number of the Animal Control Center, or the veterinarian clinic that issued the tag. Dog tags are issued by an Eagle County Veterinarian, and Animal Control Officer, or other authorized agent. R. "Harbor" or "Keep" — to feed and care for any dog upon the premises or to permit any dog to be fed and cared for on the premises. The occupant of any premises to which a dog is kept or to which a dog customarily returns daily for food, shelter and /or care is presumed to be harboring a dog within the meaning of this Resolution and said person shall be subject to the applicable provisions of this Resolution. S. "Keeper" — shall mean any person who keeps or harbors a dog for less than seven (7) days. —3— 7 T. "Kennel" — a person, entity or operation which is required to be licensed or permitted by the State of Colorado and /or County pursuant to applicable laws and regulations, and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other commercial or recreational purposes. U. "License Year" — date of inoculation against rabies to one year from that date, and every year thereafter. V. "Mistreatment" — includes every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering. W. "Neglect" — includes failure to provide food, water, protection from the elements, opportunity for exercise or other care normal, usual and proper care for an animal's health and well— being. X. "Potentially Dangerous Dog" — means any dog that when unprovoked: 1. Inflicts a bite(s) on a human or a domestic animal either on public or private property, or 2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or 3. Chases or approaches a person upon private property other that the owner's in a menacing fashion or apparent attitude of attack. Y. "Premises" — property owned, leased, or expressly permitted to be used by an owner; or, any confined area or locality like a residence, business, room, shop, building, or motor vehicle in which the animal's presence is authorized by the owner of the premises. The term "premises" includes the open space bed of a truck. Z. "Proper Enclosure of a Dangerous Dog" — means while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements. There shall be posted signs, which are legible to passersby, warning of the dangerous dog's presence. AA. "Proper Restraint of a Potentially Dangerous Dog" — means: 1. While on the owner's property, a potentially dangerous dog shall be restrained by chain, leash or other confinement suitable to prevent the animal from leaving the owner's property, or 2. While off the owner's property, a potentially dangerous dog shall be under physical restraint of the owner or other responsible person. a; BB. "Provocation" — Harassment, teasing, threatening, striking, or attacking an animal or its owner in the animal's presence, by either a person or another animal. CC. "Public Nuisance" — an animal infected with rabies, or stray cat(s), or a barking dog which disturbs the peace of humans, or a dangerous or potentially dangerous dog, or an unconfined dog in estrus. DD. "Rabies" — a communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as defined by the United States Department of Agriculture. EE. "Running at Large" — when a dog enters the property of another person without authorization of that person, or when it enters public property, and is not under the control of the dog owner or a responsible member of the owner's family or an employee or agent of the owner either by leash, cable, or chain not more than ten (10) feet in length. FF. "Severe Injury" — means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. GG. "Vaccination, inoculation, or vaccination for rabies" — these terms shall mean the inoculation of a dog with an anti— rabies vaccine approved by the Colorado State Department of Health for use in the prevention of rabies. Section 3. Annual Licensing and Vaccination Required It shall be unlawful for a dog owner to fail to annually obtain a license in accordance with the provisions of this Resolution for each dog which he or she maintains, keeps, or harbors within the County for seven (7) consecutive days and to have annually vaccinated or inoculated against rabies each dog for which said license is required. In order to be licensed, a dog must have been first vaccinated or inoculated as can be demonstrated by a vaccination certificate issued by a graduate veterinarian licensed to practice veterinary medicine. Section 4. Issuance of Dog License and Dog Tag The Eagle County Animal Control Department and /or Deputy County Clerk and Recorder or any agency or person designated by the Board of County Commissioners in writing shall issue a dog license and dog tag upon the receipt of the executed application thereof and inspection of the vaccination certificate. The vaccination certificate will certify that the dog has been vaccinated against rabies. Section 5. Duration. Fees and Requirements of Dog License and Dog Taq A. A tag and license shall be available for a fee of five dollars ($5). A dog license shall be valid for one (1) year from the date of inoculation against rabies. Upon the expiration of a dog license a new license must be obtained from Eagle County for the succeeding year. B. A dog license will be the Rabies vaccination certificate, which will state the following information: —5— 1. Name and address of dog owner. 2. Breed, sex, age and description of the dog to be licensed. 3. Date of vaccination on inoculation against rabies according to the vaccination certificate. 4. Date of issuance of license. 5. Number of the dog tag C. A dog tag shall be issued to the dog owner with the dog license and will be regarded as part of the license. The tag will be made of durable material, shall be suitable to be attached to a dog collar or harness, and will state the year of issuance and the number of the dog license. D. In the event a dog tag is lost, destroyed or mutilated, a replacement tag may be issued, for a fee of two dollars ($2), by the appropriate official, upon presentation of the rabies vaccination certificate /dog license. E. It shall be unlawful to possess and /or affix a tag to any other dog than that specific animal for which the respective license and tag have been issued for. A. With respect to a dog who moves into the County, the owner shall obtain a license for said dog within 7 days after entry into the County. B. A dog under the age of twelve weeks is not required to be licensed or vac- cinated; provided, however, within thirty (30) days after a dog has become twelve weeks of age the dog owner shall obtain a license for said dog. If said dog is impounded, vaccination shall be mandatory at the time of release from impoundment; such vaccination shall be at owner's expense. Section 7. Vaccination or Inoculation Against Rabies A. Annual vaccination or inoculation against rabies in order to obtain a dog license must be by a licensed graduate veterinarian using a vaccine recommended by a current compendium of animal rabies vaccines. B. The dog owner will obtain from the veterinarian a vaccination certificate which states the type of vaccine with which the dog was inoculated, the date of inoculation, and the expiration date of inoculation. Section 8. Retention of Dog License Attachment of Dog Tag to Collar or Harness A. A dog owner who obtains a dog license will retain it during the license year and is required to present it for examination by the County Sheriff, Deputy Sheriff, M and the County Animal Control Officer or any other peace officer in the connection with the enforcement of the Resolution. B. No dog owner shall fail to place upon his dog the collar or harness to which the tag is attached. Said collar or harness must be worn by the dog at all times, except when the dog is securely confined within any enclosure on the property of the owner, possessor, or keeper of such an animal. Failure to adhere to this regulations shall result in penalties listed in Section 21(A). C. If for.some reason a dog cannot wear a collar or harness, the owner of said dog must have the dog tattooed with a tattoo approved by the Animal Control Department. Section 9. Kennel Regulations Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the provisions of this Resolution while they are within the confines of the kennel premises. Section 10. Control A. It shall be the duty of any owner or keeper of a dog to keep such dog under control, as herein defined, so as to prevent: 1. The dog from running at large; 2. Becoming a danger to persons or property; 3. Trespassing on the property of another; 4. Being a public nuisance as defined in Section 26 and 2(Z). The purpose of this Section 10 (1) shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these specifically enumerated pursuits. B. 1. It shall be unlawful for a dog to not be under control in instances which shall include, but not be limited to, when said dog bites or damages a person or property of anyone other than the owner. Eagle County Animal Control shall deem any dog that bites a human or domestic animal as potentially dangerous and shall notify owner through posted notice. 2. It shall be unlawful for a dog to not be under control in instances which shall include, but not be limited to, when said dog inflicts severe bodily injury or damage to the person or property of anyone other than the owner. Eagle County Animal Control shall deem any dog that inflicts severe bodily injury to a human or domestic animal as a dangerous dog and shall notify owner through posted notice. C. No dog owner shall fail to confine any unspayed female dog in the state of estrus (heat). The dog shall be confined during estrus in a house, building, or secured enclosure constructed so that no other dog may gain access to —7— the confined animal. Owners who do not comply with this subsection may be ordered to remove the dog to a boarding kennel, veterinary hospital or the Animal Control Center. All expenses incurred as a result of such confinement shall be paid by the owner. Failure to comply with the removal order of an Animal Control Officer shall be a violation of this Resolution, and any unspayed female dog in estrus may be summarily impounded in the event of noncompliance with such a removal order. D. It shall be unlawful for a dog owner to leave a dog within the open portion of a vehicle parked on public property which is creating a danger to persons and /or property in the immediate vicinity thereto. E. It shall be unlawful for a person to abandon or leave unattended an animal owned by him or which has been under his control or in his possession. An animal which has been left unattended for more than 72 hours after posted notice of abandonment by an Eagle County Animal Control Officer, shall be considered abandoned and may be impounded by the Eagle County Animal Control. F. Procedure for Notice of Abandoned Animals: Eagle County Animal Control shall post a warning notice in a conspicuous place such as the entry area to the property, door, or near the animal. It shall state: Animal type; sex and color; time and date of posting; Animal Control's phone number, and deadline for notifying Animal Control. Time shall begin to elapse at the time Animal Control posts notice. Animal Control may provide food and water for said animals. G. Dogs in Common and Public Areas: No dog owner shall fail to prevent his or her dog from running at large in the yard of any multiple occupancy building which is occupied by other persons; or in the common areas of mobile home complexes, apartments, or condominium developments; or in open space areas of subdivisions; or in public or county parks or fairgrounds, unless permission is posted by county or public authorities allowing dogs at large. H. Any animal obtained by Eagle County Animal Control through a request from a governmental agency shall be deemed not under control and may be impounded and subject to disposition as provided by Section 11. Section 11. Impounding of Dogs A. It shall be the duty of the County Animal Control Officer to apprehend any stray dog or any dog running at large or not under control as defined in the provisions of Section 10 hereof or not duly licensed or vaccinated as provided by the County Animal Control Officer; and upon receiving any dog shall make a complete registry entering breed, sex and color of such dog, and whether licensed; if licensed, he shall enter the name and address of the owner and the date and number of the dog tag. B. When any dog has been impounded, Animal Control Personnel shall as soon as feasible give notice in person, by letter sent to the owner's last known address, telephone, or service of a Summons upon the owner, of the dog's impoundment M y 3 3 and dispositional alternatives. If the dog owner's identity or whereabouts are unknown at the time of impoundment, the Animal Control Personnel shall take all reasonable steps to identify the owner and provide such notification. If the dog owner's identity or whereabouts still cannot be established, the Animal Control Officer may proceed with any disposition authorized by this Resolution. The Animal Control Personnel shall maintain records of the time, dates and manner of any such notification, and such records shall constitute prima facie evidence of notification or attempted notification. The owner of said impounded dog may reclaim said dog upon payment of all costs and charges incurred by the County for impounding and maintenance of said dog. The charges and fees as listed in Section 21 shall be paid to the County Animal Control Department for impounding any dog or cat. C. All impoundments will be kept on record for a period of twenty four (24) months from the date of the first impoundment. After such time the record will start anew. Section 12. Dangerous and Potentially Dangerous Dogs A. 1. Any dangerous dog (as described in Section 2 Paragraph 1) that has been found running at large may be impounded and the owner shall be subject to a mandatory court appearance. If the dangerous dog injures a human or other domestic animal more than once, Animal Control has the authority to impound the dog at the owner's expense, until the owner appears on a mandatory court appearance. The court may order the dog to be destroyed. 2. It shall be unlawful for any dog owner who keeps a dangerous dog as defined is Section 2(J) to keep the same unless confined in a locked enclosure, as indicated in Section 2(Z), so as not to interfere with the public thoroughfares including sidewalks, bike paths, or public easements. The enclosure must be sufficiently constructed to contain said dog and must be posted at each entrance and /or exit of the enclosure "Beware of Dog" or similar advisement. B. 1. Any potentially dangerous dog (as described in Section 2 Paragraph X) that has caused no human injury or a domestic animal injury, and has been found running at large may be impounded and the owner shall be fined fifty dollars ($50) for the first offense, and one hundred fifty dollars ($150) for the second offense. The third offense will result in a mandatory court appearance of the dog's owner. 2. It shall be unlawful to allow any potentially dangerous dog to run at large and it is the responsibility of the dog owner, family members, and /or any agent of the family to keep such a dog confined as stipulated in Section 2(X) at all, times. C. It shall be the duty of the County Sheriff, any Deputy Sheriff, any County Animal Control Officer, or Deputy Animal Control Officer to impound any such animal that is in violation of this section and shall constitute a separate offense in addition to a violation of Section 10. A violation of this section, paragraphs A(]) and A(2) shall require a mandatory court appearance. aMI D. Any dog that has been previously deemed dangerous by a court of law, and while in violation of this section is found to have caused bodily injury to a person or animal, or threatened or endangered wildlife and /or livestock, and repeats such incident or commits another violation of this Resolution, shall automatically constitute a court order for the destruction of said dog under the supervision of the Animal Control Officer. Section 13. Quarantine of Dogs A. A dog that does not have a current rabies vaccination and is known to have bitten, or injured any person so as to cause a puncture or abrasion of the skin shall be quarantined for no less than ten (10) days, at the expense of the dog owner. The place of confinement of said dog shall be the County Animal Shelter, or a licensed veterinarian hospital at the expense of the owner. B. A dog that is currently vaccinated and is known to have bitten, or injured any person so as to cause a puncture or abrasion of the skin shall be quarantined for no less than ten (10) days at the expense of the dog owner. The place of confinement shall be the County Animal Shelter, or a licensed veterinary hospital, or if the dog owner has an enclosure on the owner's property that would adequately contain the dog at all times of the required quarantine period, the Animal Control Officer, at his /her discretion may place said dog under quarantine on the owner's property providing that the owner keeps said dog confined without exposure to any other animals and the Animal Control Officer shall from time to time check the dog's health and behavior; and if at any time the owner of said dog does not comply with the provisions of the confinement of said dog, the Animal Control Officer shall move the dog to the County Animal Shelter for the remainder of the quarantine period, at owner's expense. C. If at any time during the quarantine of a vaccinated or an unvaccinated dog, said dog becomes ill or displays symptoms of rabies, said dog shall immediately be examined by a licensed veterinarian and may be destroyed and a medical test conducted to determine if the dog was rabid, having thus exposed the bite victim to rabies. If said dog dies while under quarantine, a medical test shall be conducted to determine whether the dog was suffering from rabies at the time of death. All tests are conducted at the expense of the dog owner. D. If the owner of a dog referred to in the preceding subsection cannot be determined or located, then the County Animal Control Officer shall confine said dog at the County Animal Control Shelter for a quarantine period of not less than ten (10) days. If owner of said dog is not determined or located, or the if the dog is unclaimed by the end of the quarantine period, the County Animal Control Supervisor may order said dog destroyed. If said dog is diagnosed by a licensed veterinarian to be suffering from rabies, said dog shall immediately be destroyed. Section 14. Disposition of Unclaimed or Diseased Animals A. With respect to an animal which has been impounded or quarantined pursuant to the provisions of Section 11 or Section 13 hereof and has not been claimed, —10— i released, or disposed of in accordance with said sections, the County Animal Control Officer shall keep dogs in the County Animal Shelter or other suitable place for not less than five (5) days, and cats for not less than seventy —two (72) hours, after which said custodian may have said animal destroyed, except as hereinafter provided. B. After required time period, in lieu of having said animals destroyed, the County Animal Control Department may release any such animal, if unclaimed and not diseased, to a bona fide humane society; or with respect to a stray animal, to a person having no previous interest in said animal in accordance with the provisions of this Resolution. Upon release of said animal, recipient shall pay a total of $46 for dogs and $39 for cats, for all or any of the necessary Animal Control requirements: adoption fee, rabies inoculations, or sterilization of animal. All animals adopted from the Eagle County Animal Shelter are required to be sterilized at the time of adoption. Transfer of ownership of the dog or cat shall not be effected until sterilization has occurred. Failure of the person adopting a dog or cat to sterilize it shall be a violation of this Resolution. C. An impounded animal which is sick or injured and in pain or contagious to other animals, and which is not identifiable to an owner is not subject to a minimal impoundment period and may immediately be humanely disposed of through euthanasia. If a sick or injured animal which is in pain or contagious to other animals is identifiable to an owner, the Animal Control Officer shall diligently attempt to contact the owner within twenty —four (24) hours after impoundment, after which time the animal may be disposed of if still unclaimed. D. No animals that become property of Eagle County shall be released for animal research and /or experimentation. E. Nothing in this Section 13 shall be construed to prevent an Animal Control Officer from taking whatever action is reasonably necessary to protect his person or members of the public from injury by any animal. Section 15. Quarantine and Destruction of Rabid Dogs Dogs known to have been bitten by or exposed to a rabid animal shall be A. Where, in the reasonable discretion of the County Animal Control Officer, the County Sheriff or a Deputy Sheriff, said dog suspected of rabies in endangering the life or person of another, or inflicting death or injury to livestock or wildlife, said dog may be immediately destroyed. B. When bitten by a rabid animal or exposed to a rabid animal, an unvaccinated dog shall be destroyed immediately, unless the owner objects, in which case the dog shall be placed in strict isolation for a period of six months and vaccinated for rabies one month before being released from isolation. The isolation shall be supervised by a veterinarian licensed in the State of Colorado. All expenses of said quarantine are to be borne by dog's owner only. —11— It shall be unlawful for any dog owner to fail to have any unvaccinated dog bitten by a rabid animal so destroyed or quarantined. Each day said owner fails to comply with the provisions of this section shall constitute a separate offense. C. In any case where a rabid animal bites a dog with a current rabies vaccina- tion, the owner of the dog shall obtain the immediate revaccination of the dog by a licensed veterinarian and shall see that the dog is confined for a period of 90 days. It shall be unlawful to fail to have a dog bitten by a rabid animal revaccinated or to fail to confine said dog for 90 days. Section 16. Affirmative Defense If a dog is provoked into biting, inflicting bodily injury, or damage to the person or property of anyone other than the owner, such provocation shall constitute an affirmative defense that may be pled by an owner who is in violation of this Resolution on account of said biting. Section 17. Interference with Animal Control Officer It shall be unlawful for any person to interfere with, molest, hinder, prevent or obstruct an Animal Control Officer, knowing that he or she to be an Animal Control Officer, discharging his /her duties under this Resolution. Section 18. Threatening of Wildlife and Livestock It shall be unlawful to permit and /or allow a dog to run after, chase, pursue, bite, snap at, worry, attack or otherwise threaten wildlife and /or livestock. In the event any dog is found to be threatening wildlife and /or livestock as described, said dog may immediately be destroyed at the discretion of the County Sheriff, any County Deputy Sheriff, any County Animal Control Officer, or Deputy Animal Control Officer. In the event said dog cannot be immediately destroyed, it shall be the duty of the County Sheriff, any County Deputy Sheriff, any County Animal Control Officer or Deputy Animal Control Officer to impound such dog. A violation of this section, whether or not said dog has been destroyed, or claimed from impound shall constitute a mandatory court appearance of the owner, and if convicted of a violation of this section owner will be required to pay restitution for any animal or animals harmed by said dog in addition to court fines and court costs. If dog was not destroyed at the time of incident, court may order dog destroyed under the supervision of the Animal Control Officer. If dog is not ordered destroyed, court will deem said dog dangerous, and owner may be permitted to keep dog as provided in Section 12, entitled "Dangerous Dog Confined." Upon a second conviction of a violation of this section, the court shall automatically enter a court order commanding the destruction of said dog under the supervision of the Animal Control Officer. —12— Section 19. Dog Bite In the event any dog is found to have caused bodily injury to any human, said dog will be impounded as described in Section 11 and the owner will be in violation of this Resolution. Said dog can be destroyed under the direction of the County Animal Control Supervisor and an appropriate rabies examination shall be performed at the dog owner's expense. Section 20. Penalties A. Any violation of any provisions of this Resolution which does not result in bodily injury to any person shall be a Class 2 petty offense and upon conviction thereof shall be punished for such offense by imprisonment for not more than ninety (90) days or by a fine of not more than three hundred dollars ($300) or by both such imprisonment and fine, plus the customary court costs as applicable. The following fines (penalty assessment), except those stated in Section 21, shall apply to any such violation and shall be applied either through the penalty assessment procedure of § 16 -2 -201, C.R.S., or by the court after conviction in which case the court shall also assess the appropriate court costs: 1. First Offense: $25.00 2. Second Offense: $100 3. Third Offense: $200 4. Fourth Offense and any subsequent conviction the court may impose a fine of up to $300 maximum, or imprisonment in the County Jail for not more than 90 days or by both such fine and imprisonment, for each separate offense. B. An exception of the penalty assessment shall not be used for violations of Sections 12, 18 and 28 of this Resolution and a mandatory court appearance shall be required in the Eagle County Court. C. For purposes of determining the proper fine (penalty assessment) for violations of this Resolution which do not result in bodily injury to any person, only those convictions (admissions of guilt) occurring within twelve (12) months of the date of the offense for which the fine (penalty assessment) is now being imposed shall be considered. This twelve (12) month limitation shall not apply as to what evidence may be introduced in aggravation of any sentencing for any violation of this Resolution which does result in bodily injury to any person nor shall any time limitation apply to provisions of § 18 or 22 of this Resolution. D. When a person is arrested for a violation of this resolution which does not result in bodily injury, except violations of § 12 and § 18, and that person has three or less previous convictions of violations of this Resolution the arresting officer may either give the person a penalty assessment notice as provided for by § 16-2 -201 C.R.S., and release him upon its terms, or take him before a judge —13— 9 of the Eagle County Court. The choice of procedures shall be based upon circumstances which reasonably persuade the officer that the alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice. Such circumstances may include the officer accompanying the offender to a post office or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached. E. The penalty assessment notice shall be a summons and complaint containing identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specified time and place, and other matter reasonably adapted to effectuating the purposes of this section. A duplicate copy shall be delivered to the clerk of the Eagle County Court by the officer or agency designated by the Board of County Commissioners if a payment of the penalty assessment notice has not been made within ten (10) days of the issuance of said notice. F. If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail and within ten (10) days of issuance of the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. G. Any violation of any provisions of this Resolution which results in bodily injury to any person or animal caused by a dog shall be a Class 2 misdemeanor and upon conviction thereof shall be punished for such offense as provided in § 18 -1 -106 C.R.S,for each separate offense. H. Upon conviction the Court may order restitution paid to the injured party or owner of the animal or animals harmed by a dog. Nothing herein shall be construed to prevent impoundment of any dog under Section 11. J. Any conviction of Section 28 is a Class 1 misdemeanor, and carries a minimum penalty of a six month imprisonment, a $500 fine or both, up to a maximum penalty of a 24 month imprisonment, a $5,000 fine or both. Section 21. Animal Control Center Charges and Fees Charges and fees of seizure, impoundment, boarding, licensing, veterinarian care, and adoption of an animal shall be cumulatively assessed to any animal owner according to the fee schedules listed below. Payment of all applicable fees shall be a condition of release, redemption, or adoption of any animal. These fees are for administrative expenses incurred in impounding, boarding, adoption of, licensing, and disposal of animals. A. License Fees: 1. Original ..........................$ 5.00 2. Lost or replacement.... 2.00 —14— B. Impound Fees: 1. Dog ............................... 25.00 2. Cat ............................... 5.00 C. Boarding Fees: 1. Dog ............................... 15.00 /night 2. Cat ............................... 6.00 /night D. Quarantine Animals: 1. Dog ............................... 10.00 /night 2. Cat ............................... 6.00 /night E. Adoption Fees: 1. Dog ............................... 5.00 2. Cat ............................... 5.00 F. Deposits: 1. Spay /neuter ...................... 25.00 2. Rabies Vaccination ............... 11.00 G. Failure to Vaccinate and /or Wear a Rabies Ta 1. First Offense ......................$ 15.00 2. Second Offense ..................... 25.00 3. Third Offense ...................... 50.00 4. Subsequent Offenses ................ 300.00 maximum penalty H. Dangerous Dog At Large: Any Offense ......................300.00 maximum penalty and mandatory court appearance I. Potentially Dangerous Dog At Large: 1. First Offense ....................50.00 2. Second Offense ......................150.00 3. Third Offense .......................300.00 maximum penalty and mandatory court appearance J. Barking Dog 1. First Offense ....................25.00 2. Second Offense ......................100.00 -15- 3. Third Offense .......................200.00 4. Subsequent Offenses .................300.00 maximum penalty K. Female Dog in Estrus: 1. First Offense ...................... 25.00 2. Second Offense .....................100.00 3. Third Offense ......................200.00 4. Subsequent Offenses ............... 300.00 maximum penalty Section 22. Destruction of Dangerous Dogs A. In addition to any other penalty, if it is found by the Court or a jury that any dog complained of is a dangerous dog as defined in Section 2(p, the Court may, if it finds it is in the best interest of the public, order the dog destroyed. Such destruction shall not occur prior to the completion of observation of the dog for rabies when necessary. B. In the event the dog owner is twice convicted of an offense punishable as a Class 2 misdemeanor relating to the same dog, the Court shall order the dog destroyed. C. Destruction is further permitted as authorized by Section 18 of this Resolution. Section 23. Failure to Appear If a person upon whom a summons and complaint (penalty assessment notice) fails to appear in person or by counsel at the time and place specified therein and has not paid the specified fine in person or by mail at the place and within the time specified in the penalty assessment notice; the Eagle County Court may issue a bench warrant for his arrest. Section 24. Muzzling and Confinement Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Board of County Commissioners, if it deems necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his property or premises unless such dog shall have a muzzle of sufficient strength to prevent it from biting any person. Any muzzled dog running at large during the time of proclamation shall be seized and impounded, and if noticeably infected with rabies and displaying dangerous propensities shall be destroyed by the Animal Control Officer. A dog impounded during the first two days of such proclamation shall, if claimed within five days after being impounded, be released to the owner, unless infected with rabies, upon payment of the charge provided for in Section 11; if unclaimed within five days, after said period such dog may be immediately destroyed. Section 25. Liability for Accident or Subsequent Disease From Impoundment The Board of County Commissioners, its employees or agents, or persons authorized herein to enforce the provisions of this Resolution shall not be held responsible for any accident —16— E 3 or subsequent disease which may be suffered by a dog as a result of the administration or implementation of this Resolution. Section 26. Public Nuisance It shall be unlawful and declared to be a public nuisance for any dog owner to fail to prevent his dog from disturbing the peace of any other person or neighborhood by loud, habitual and persistent barking, howling, yelping or whining, whether the dog is on or off the dog owner's premises. It shall be the duty of the County Animal Control Officer and his /her deputies to impound said dog if the Officer is unable to contact the owner, and determines that the barking is disturbing the peace of the neighbors, and has a signed complaint. A. Provocation Defense: Provocation of a dog whose noise is complained of is an affirmative defense to any charge for violation of Section 26. B. Warninq Required: No person shall be charged with a violation of Section 26 unless written warning as provided part C of this section has been given at least seven days but not more than thirty —seven days preceding the charge. C. Warning Process: The warning process to be employed shall be substan- tially as follows: 1. The warning must relate to a barking incident separate from the charged violation. 2. The Animal Control Officer may issue a warning after either receiving a phoned — in complaint and investigating the complaint in the field, or after receiving two phoned —in complaints from different households. 3. All complainants must clearly identify themselves by stating their name, address and telephone number. The complainant shall further state, if known, the name of the dog's owner, the owner's address and telephone number, a description of the dog, description of the offense, and the date, time, place and duration of the offense. 4. A record or incident report shall be kept of any such complaint and investigation. 5. A warning to a dog owner shall cite Section 26 and advise the owner of penalty for violation of Section 26. The warning shall also state that a complaint has been received, recite the date of the alleged offense, and conclude that the owner's dog may have disturbed the peace of another individual. The warning must be identified as being issued by an Animal Control Officer. D. Notice and Evidence of Warnings: An owner shall be deemed to have been issued and received a warning under Section 26(C) if the warning is personally served upon the owner, posted on the owner's premises, or placed in the U.S. Mail, postage prepaid and addressed to the owner of the dog according to the last address given by the owner to obtain a certificate of license or license tag. —17— E. Complainant Rights and Responsibilities: 1. The identity of a complainant(s) shall be kept confidential until a violation of this Section is charged. 2. If a violation of this Section is charged, the complainant(s) shall verify in writing the allegations of the complaint prior to its service upon the owner. 3. No..person or owner shall be convicted at trial for violation of this Section unless testimony is presented by at least two complaining witnesses or by one complaining witness when there is only one occupied residence within three blocks or one quarter (1/4) mile in any direction. An Animal Control Officer may testify as a complaining witness. Section 27 Unlawful Taking or Release A. It shall be unlawful for any person to take any dog from an enclosed lot, vehicle, premises or other building and deliver the dog to the impoundment facility unless authorized to do so by the owner or the keeper of the dog or as authorized by this Resolution. B. It shall be unlawful for any person to open or cause to be opened any closed lot, vehicle, premises or building or release from a chain any dog for the purpose of allowing said dog to run at large. C. It shall be unlawful for any person to remove any dog from the County Animal Control Shelter, any County vehicle, or from the custody of the Animal Control Officer or his /her deputies without the consent of the Animal Control Officer. Section 28. Abandonment Cruelty to Dogs or Neglected Dogs No person shall physically or cruelly mistreat or neglect to provide proper amounts of food and water, or neglect to provide proper shelter to any dog. Any violation of this section will result in a mandatory court appearance of the owner. Section 29. Enforcement The provisions of the Resolution shall be enforced by the County Sheriff and /or the County Animal Control Officer, or their respective deputies. The provisions of this Resolution may be enforced by any peace officer. Section 30. Hot Pursuit The County Animal Control Officer or his /her deputies or any peace officer in hot pursuit of any dog in apparent violation of this Resolution may enter onto private property for the purposes of enforcing this Resolution, including the impoundment of the dog, removal of the dog, ascertaining the identity of the dog, or issuing a citation. This section does not grant any Animal Control Officer or any peace officer any additional authority to enter into any dwelling or other building designed for human occupancy other M f than that authority which may now exist under Colorado law. Any warrant requirements for entry into any dwelling or other building designed for human occupancy shall be observed. Section 31. Animal Control Officers A. There is hereby created the position of Eagle County Animal Control Officer who shall be employed by the County and appointed as such by the Board of County Commissioners, acting directly or through the County's Chief Administrative Officer at such compensation and such qualifications as from time to time shall be fixed by order of the Board. B. Pursuant to § 30 -15 -105, C.R.S., personnel engaged in dog control, however, titled or administratively assigned may issue citations or summonses and complaints enforcing this Resolution. Personnel so engaged shall be included in the definition of "Peace Officer or Fireman" in § 18 -3 -201 (2), C.R.S., and, to the extent such personnel are empowered to do so by the laws governing the state bureau of animal protection, are hereby authorized to carry out the enforcement of the laws for the prevention of cruelty to animals pursuant to § 35-42 -101, C.R.S., et sec. Nothing in this provision is intended to vest authority in any person so engaged to enforce any resolution or statute other than the County Dog Control Resolution. Section 32. Disposition of Fines and Forfeitures All fines and forfeitures for violation of any provisions of this Resolution and all moneys collected by the County for license shall be paid over to the County Treasurer immediately upon their receipt. Section 33. Existing Dog License Will Remain in Effect Until Expiration Date The enactment of this Resolution, regardless of its repeal of the Eagle County Dog Control Resolution of 1985, shall not in any way effect the validity of any unexpired dog license heretofore issued by the County and any such license then in effect will continue to have validity until the regular expiration date thereof. Section 34 Captions The captions and paragraph headings used throughout this Resolution are for the convenience of reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision to or the scope of this Resolution. Section 35. Severability If any provisions of this Resolution or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Resolution, or the application of such provision to parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Resolution shall be valid and be enforced to the fullest extent permitted by law. —19— Section 36. Effective Date 1990. 1 � That all provisions of this Resolution shall be effective on 20 I Section 37. Repeal That upon the effective date of this Resolution the Eagle County Dog Control Resolution of 1985 and any and all amendments thereto shall be repealed and replaced by this Resolution. That repeal shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this Resolution. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the-bV�7 day of ` 1990. Commissioners Commissioner having been Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS seconded adoption of the foregoing resolution. ollows: 4 This Resolution passed by 11 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. —20—