HomeMy WebLinkAboutR07-021 Restating Resolution R98-027
Commissioner
~/1:.Y~?/f moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.2007- C,:) L
,.
RESOLUTION REPEALING AND RESTATING
RESOLUTION NO. 98-27
CONCERNING THE CONTROL AND LICENSING OF DOGS AND
Il\1POUNDMENT AND DISPOSITION OF ANIMALS
WHEREAS, 30-15-101 et seq., 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 pet animals in the unincorporated areas of Eagle County,
Colorado; and
WHEREAS, the Board has previously adopted such regulations, most recently by
Resolution No. 98-27 adopted February 23, 1998, entitled Resolution Repealing and Restating
Resolution 96-23 Concerning the Control and Licensing of Dogs and Impoundment and
Disposition of Animals; and
WHEREAS, the Board finds that the Eagle County Animal Control Resolution of 1998
requires certain additions, modifications and clarifications in order to adequately provide for the
control of Pet Animals and other reasonable or necessary regulations in order to serve and
promote the public peace, health, safety, and welfare of the citizens of Eagle County; and
WHEREAS, this Resolution is intended to repeal and restate the Eagle County Animal
Control Resolution of 1998.
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:
1. INTENT. It is the intent of the Board of County Commissioners in adopting this
Resolution that Pet Animal and Working Dog Owners be responsible for their Animals' conduct,
that they exercise control with respect to their Animals in a manner which recognizes the rights,
health and safety of others in the community, and that they be held strictly liable for conduct of
their Animals which violates the provisions of this Resolution.
2. DEFINITIONS As used in this Resolution, the following terms shall have
the following meanings:
2.1 "ABANDON" means (a) to fail to provide a Pet Animal Necessary care for a
period of 24 hours or longer or (b) to deposit, leave, drop off or otherwise dispose of any Pet
Animal on public or private property without providing necessary care. For the purposes of this
Resolution, any Pet Animal is presumed to be Abandoned if, after the posting or personal service
of written notice describing deficiencies of necessary care for a Pet Animal, the deficiencies are
not corrected within 24 hours of such notice by any person other than an animal control officer.
2.2 "ANIMAL" means non-human mammals, including but not limited to dogs, cats,
birds and reptiles.
2.3 "ANIMAL CONTROL OFFICER" means any person empowered by Eagle
County to enforce the provisions of this Resolution pursuant to ~ 30- 15-105, C.RS., Eagle
County Sheriffs Department personnel and peace officers as defined in ~ 18-1-901, C.RS.
2.4 "ANIMAL SERVICES DEPARTMENT" means the Eagle County Department of
Animal Services.
2.5 "ANIMAL SHELTER" means all facilities and premises authorized by the Eagle
County Board of Commissioners to care for Pet Animals impounded pursuant to the provisions
of this Resolution. Such facilities and premises shall also be considered public animal shelters
for the purpose of impounding dangerous dogs pursuant to the provisions of ~ 18-9-204.5, C.RS.
2.6 "ATTACK" means aggressive behavior such as biting, injuring or chasing person
or animal that may result in Bodily Injury, Serious Bodily Injury, or the death of a person or
animal.
2.7 "BITE" means the severe bruising, piercing, laceration, or breaking of the skin by
the teeth or jaws of any Animal.
2.8 "BODILY INJURY" means any physical injury that results in severe bruising,
muscle tears, or skin lacerations requiring professional medical treatment or any physical injury
that requires corrective or cosmetic surgery.
2.9 "CAT" means any animal of the species Felis Domesticus or any hybrid thereof.
2.10 "CONTROL" means supervision of, and influence over, any Pet Animal
sufficient to prevent the violation of any of the provisions of this Resolution. Control shall be by
Physical Control or Immediate Control, as defined herein.
2.11 "DANGEROUS ANIMAL" means any Pet Animal or Working Dog that has,
without provocation, inflicted Serious Bodily Injury to a person, or has caused the death of a
human being; or, has, while off the premises of its owner or responsible person, killed a domestic
animal without provocation; or, has, been previously classified as Potentially Dangerous and is
found in violation of the provisions of this Resolution.
2.12 "DOG" means any animal related to the wolf, fox, coyote or jackal.
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2.13 "HABITUAL OFFENDER" means any Pet Animal Owner who has pled guilty
to, or been found guilty of, violating any provision of this Resolution three times within any
eighteen-month period. For the purposes of this Resolution, after the effective date of this
Resolution any disposition of charges involving probation or deferred judgment and sentencing
shall be considered to be convictions.
2.15 "IMMEDIATE CONTROL" means Control of a Pet Animal by the physical
presence of the Owner or Responsible Person within ten feet (10') of the Animal and such person
can exhibit voice control over the Pet Animal.
2.16 "IMPOUND" means to place an Animal in Public or Protective Custody in the
interest of the safety of the Animal and/or the safety of the community.
2.17 "MISTREATMENT" means every act or omission which causes, or unreasonably
permits the continuation of, unnecessary or unjustifiable pain or suffering.
2.18 "NECESSARY CARE" for a Pet Animal includes but is not limited to providing
food, water, protection from the weather and removal of waste from the animal's enclosure.
2.19 "NEGLECT" means failure to provide food, water, protection from the weather,
opportunity for exercise, socialization, or other care consistent with the needs of the species of
the Animal in question.
2.20 "OWNER" means any person, firm, corporation, or organization owning,
possessing, keeping, having financial or property interest in, or having temporary control or
custody of, any Pet Animal.
2.21 "PET ANIMAL" means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets,
birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid
animal sold, transferred, or retained for the purpose of being kept as a household pet, except
livestock, and includes any other animal specified in ~ 35-80-102 (10), C.RS., as that may be
amended from time to time. As used herein, "livestock" includes cattle, horses, mules, burros,
sheep, poultry, swine, llama, goats, and any other Animal, when used for working purposes or
raised for food or fiber production on a farm or ranch. "Pet Animal" does not include an Animal
used for working purposes on a farm or ranch or a Working Dog in the process of being worked.
2.22 "PET ANIMAL FACILITY" means any facility licensed as such pursuant to the
provisions of Part 1 of Article 80 of Title 35, C.RS.
2.23 "PHYSICAL CONTROL" means Control of a Pet Animal by means of a Tether
or a leash attached to the animal, and held by the Owner, or control by confinement in a Secure
Animal Enclosure.
2.24 "POTENTIALLY DANGEROUS ANIMAL" means any Pet Animal or Working
Dog that without provocation, threatens to attack, or bites causing Bodily Injury to a human
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being or domestic animal; or approaches a person upon the streets, highways, sidewalks, or other
areas open to the public in a menacing fashion; or, has a known propensity, tendency, or
disposition to attack without provocation, or cause physical injury or otherwise threatens the
safety of human beings or domestic animals; or, is owned or harbored primarily or in part for the
purpose of fighting or is trained for fighting.
2.25 "PREMISES" means property owned, leased, or expressly permitted to be used
by an Owner, including any confined area or locality such as a residence, business, room, shop,
building, or motor vehicle, including the open space bed of a truck.
2.26 "PROTECTIVE CUSTODY" means the taking of an Animal into custody by
Animal Services to prevent the Mistreatment, Neglect, or Abandonment of such Animal; or,
impoundment of an Animal because of the Owner's inability to care fore the Animal due to
incarceration, incapacitation, or transport to a medical treatment facility.
2.27 "PROVOCATION" means harassment, teasing, threatening, striking, or attacking
an Animal or its Owner in the animal's presence, by either a person or another Animal.
Provocation may also include the intrusion onto the physical property of the Pet Animal's or
Working Dog's Owner, without the owner's consent.
2.28 "PUBLIC CUSTODY" means the impoundment and/or confinement of an
Animal in the Animal Shelter, or in the physical control of an Animal by an Animal Control
Officer performing duties pursuant to the provisions of the Resolution.
2.29 "OUARANTINE" means the confinement of an Animal for a specific period of
time during which the Animal will be observed in order to detect symptoms of disease. At the
discretion of the Animal Services Director, the Animal may either be quarantined by being (i)
taken into Public Custody; or (ii) kept in a Secure Animal Enclosure and/or within the Physical
Control of the Owner during the entire Quarantine period.
2.30 "RABIES REGISTRATION" means the vaccination of an Animal with an anti-
rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of
a certificate of rabies vaccination by the animal owner.
2.31 "SECURE ANIMAL ENCLOSURE" means a structure which is suitable to
prevent the escape of the Animal and prevents the entry of young children, having a top, bottom,
all sides, and is locked.
2.32 "SERIOUS BODILY INJURY" means such injury which involves a substantial
risk of permanent physical disability, impairment or, a disfigurement; or, a substantial risk of
protracted loss or impairment of the function of any part of, or organ in the body.
2.33 "TETHER" means to securely tie, chain or leash a Pet Animal To an
inanimate object.
2.34 "TRESPASS" means the entry by a Pet Animal or Working Dog upon any private
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5. VOLUNTARY CAT IDENTIFICATION Owners of cats harbored, kept or maintained
in Eagle County are entitled to obtain an identification tag suitable to be worn on a collar or
harness. Cat identification tags will be available from the Animal Services Department, and/or
any agency or person designated by the Board of County Commissioners by resolution upon the
receipt of the executed application, payment of the identification tag fee and evidence of a
current rabies vaccination with efficacy extending past the date of tag issuance.
6. FAILURE TO CONTROL A PET ANIMAL It shall be unlawful, considered a failure to
Control a Pet Animal, when:
6.1 A Pet Animal is off the Owner's Premises without the presence of a person
having Control as defined in this Resolution;
6.2 A Pet Animal is allowed to become a danger to any person or property;
6.3 A Pet Animal is tethered upon any public or private property withoutthe
permission of the person owning, leasing, or otherwise controlling the property in question;
6.4 Any Pet Animal reaches past the perimeter of the Owner's Premises with its teeth
or claws causing or threatening Bodily Injury or property damage to another;
6.5 A Pet Animal is allowed to defecate on public or private property and the Owner
or responsible person, of the animal, does not remove the waste in a timely manner;
6.6 A female cat or dog, during estrus, is not under Physical Control, confined
indoors or confined within a Secure Animal Enclosure;
6.7 A Pet Animal is not under Physical Control in areas posted by any agency of the
Federal government, the State of Colorado, or any political subdivision of the State as requiring
the animal to be on a leash; or
6.8 Any Pet Animal is Mistreated or is left in circumstances which constitute
Abandonment.
6.9 A Pet Animal is allowed to enter Private Property not that of the Owner's or on
public property which is posted as not permitting such Animals.
7. INTERFERENCE WITH AN OWNER'S CONTROL OF A PET ANIMAL
It shall be unlawful for any person to perform any act which interferes with, prevents, or
hinders the efforts of an Owner to Control any of the Owner's Pet Animals.
8. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER
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8.1 It shall be unlawful to interfere with, hinder, prevent, or obstruct an Animal
Control Officer in hislher performance of duty pursuant to this Resolution.
8.2 It shall be unlawful to remove any animal from the Public Custody without the
consent of an Animal Control Officer.
9. PROCEDURE WHEN A PET ANIMAL OR WORKING DOG BITES A PERSON:
9.1 DUTY TO REPORT PET ANIMAL AND WORKING DOG BITES
A. Any medical personnel who provides treatment to a person for any animal
bite that has pierced the skin shall report to the Eagle County Animal Services Department any
information known to him regarding the animal bite. The report shall be made within twenty-
four (24) hours after such information is received by him, and shall include with the report the
name, address, and telephone number of the person making the report. The report may be made
by telephone to the Animal Control Office on voice mail.
B. The Animal Services Director may also report the bite to the District
Attorney for the Fifth Judicial District if he/she concludes that the bite most likely inflicted a
Serious Bodily Injury as defined by these regulations.
9.2 OWNER'S DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR
QUARANTINE
A. Upon the request of an Animal Control Officer, an Owner shall make
available for inspection and/or Quarantine any Pet Animal or Working Dog which has bitten, or
is suspected of biting a person and the bite has pierced, lacerated or broken the skin of that
person.
B. If the Quarantine of a Pet Animal or a Working Dog is deemed necessary,
the place and terms of Quarantine shall be determined by the Animal Services Department
pursuant to these regulations. During Quarantine, the Pet Animal or Working Dog shall, for a
period often (10) days, caused to be 1) isolated and confined to a Secure Enclosure and/or under
the Physical Control of the Owner; or 2) confined at the Animal Shelter in a manner deemed
appropriate by the Animal Services Director.
C. All costs of Quarantine shall be the responsibility of the Owner.
D. If the Quarantine of a Pet Animal is deemed necessary, the disposition of
the animal as provided in Section 9.2(D) will be at the discretion of the Animal Services
Department.
9.3 IMPOUNDMENT OF AN ANIMAL THAT HAS BITTEN A PERSON
A. In addition to the requirements of Section 10 of these regulations, if the
Animal Services Director determines that the dog has inflicted either Bodily Injury or Serious
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Bodily Injury to a person other than its Owner, he/she shall consider whether the dog poses an
immediate threat to the safety of the community, and if so, the dog shall be impounded. The
following factors shall be considered in determining whether impoundment is appropriate in
order to ensure the safety of the community.
1. The nature of the behavior giving rise to the Animal Services Director's
determination that the animal caused Bodily or Serious Bodily Injury;
Il. The extent of the Injur(ies);
Ill. Circumstances surrounding the complaint, including but not limited to: the
time of day that the injuries occurred; whether the dog was on/off the Owner's
private property; whether there are any indications that the dog was provoked;
IV. Circumstances surrounding the result and complaint including but not limited
to: identification of the dog; and credibility of complainants and witnesses;
v. The size of the lot where the animal resides and the number and proximity of
neighbors;
VI. The existing control factors, including but not limited to, the number of
animals at the owner's residence, existence of fencing, caging, runs, and
staking locations; and
vii. The dog's behavior post-incident as observed by Animal Control Officers
and/or the Animal Services Director;
V11l. Whether there have been previous incidents or complaints involving the dog;
IX. Mitigating circumstances, including but not limited to an Owner's willingness
and ability to take adequate measures to prevent future incidents.
B. Upon impoundment of a Pet Animal or Working Dog that has inflicted
Bodily Injury or Serious Bodily Injury to a person other than its Owner, the Owner of the
impounded dog may, within five (5) days of the impoundment, request an immediate custody
hearing to determine whether the dog should remain in Public Custody or whether the dog may
safely be released back to the Owner. The hearing officer shall be the County Manager or
hislher designee. The custody hearing must be held within ten (10) working days of the request
for hearing. At the custody hearing, the County Manager shall consider whether there was an
adequate factual basis for the Animal Services Director's decision that the dog must remain in
Public Custody, and may affirm or overturn the Animal Service Director's determination, or
alternatively, may recommend the release of the dog with conditions to prevent additional
incidents or complaints. The right to an administrative hearing shall be deemed waived if not
timely requested as set forth in this Section.
10. DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
10.1 In addition to determining whether immediate impoundment of a Dog who has
inflicted Bodily or Serious Bodily Injury to a person is appropriate, the Animal Services Director
or hislher designee shall have the authority to determine, based on a preponderance of the
evidence, that a Pet Animal or Working Dog is Potentially Dangerous or Dangerous as defined in
these regulations.
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10.2 Written notice of a Pet Animal or Working Dog's classification under 9.1 shall be
served on the Owner or the Responsible Person of the animal at that Owner's or Responsible
Person's last known address. The notice shall describe the animal, state the grounds for its
classification, and applicable to such Pet Animal or Working Dog by reason of its classification.
The notice shall also state that, if a written request for an administrative hearing is filed with the
Animal Services Director within fourteen (14) days after receipt of the notice an administrative
hearing will be conducted to review the classification of the Pet Animal. The right to an
administrative hearing shall be deemed waived if not timely requested as set forth in this
Resolution.
10.3 The notice referred to in 9.2 of this subsection shall be given either by personal
delivery to the Owner or Responsible Person or by registered or certified mail, return receipt
requested, addressed to the Owner or Responsible Person at the person's last known address.
Notice by personal delivery shall be complete upon delivery and the receipt or upon return of the
notice as undeliverable, refused, or unclaimed.
10.4 All administrative hearings held under this section shall be heard by the Board of
County Commissioners or its designate, hereinafter referred to as the "Hearing Officer." The
burden of proof shall be on the Owner or Responsible Person to show cause as to why the
animal's behavior does not support the designation as Dangerous or Potentially Dangerous. The
hearing shall be informal and technical rules of evidence shall not apply. The classification shall
be determined based upon the preponderance of the evidence. The Hearing Officer shall not be
required to file a full opinion or make formal findings of fact or conclusion of law, but the
Hearing Officer must state the reasons for the determination, and indicate the evidence relied
upon. Such determination shall be made no later than 72 regular business hours after the close of
the hearing. The proceedings at the hearing shall be recorded and retained for a reasonable period
of time.
10.5 Should the Hearing Officer determine that the Pet Animal is neither Dangerous
nor Potentially Dangerous, no costs shall be charged for impoundment of the Pet Animal during
pendency of the hearing.
10.6 When an animal has been classified as Dangerous, the Hearing Officer shall first
determine if that classification is proper. If the Hearing Officer determines that the animal was
improperly classified as Dangerous, the Hearing Officer shall then determine if the animal is
Potentially Dangerous. Should the Hearing Officer determine that the Pet Animal is Potentially
Dangerous, the owner or person responsible shall comply with the requirements of this Section
applicable to Potentially Dangerous Animals.
11. IMPOUNDMENT OF DANGEROUS ANIMALS PENDING HEARING
Notwithstanding the provisions of Section 9, during the pendency of any hearing and any appeal
therefrom on the classification of a Pet Animal as Dangerous, the Pet Animal shall be impounded
at the County Animal Shelter at the Owner's or Responsible Person's expense.
12. RESTRICTIONS ON A POTENTIALLY DANGEROUS ANIMAL
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12.1 While on the Owner's or Responsible Person's property, a Potentially Dangerous
Animal must immediately be securely confined indoors or in a securely enclosed and locked pen
or structure suitable for preventing the entry of young children and designed to prevent the Pet
Animal from escaping by climbing, burrowing, or otherwise. The Potentially Dangerous Pet
Animal must be securely confined indoors at all times until such enclosure is eight (8) feet and
must have secure sides and a secure top. If the enclosure has no bottom secured to the sides, the
sides must be embedded into the ground to a depth of not less than one (1) foot. The enclosure
must also provide adequate protection from the elements and be kept in a clean and sanitary
condition.
12.2 A Potentially Dangerous Animal may be off the Owner's or Responsible Person's
premises only if it is restrained by a substantial leash not exceeding four (4) feet in length. The
leash and Pet Animal shall be under the actual physical control of a person suitable for
controlling the Pet Animal at all times. Such Pet Animal shall not be leashed to inanimate
objects such as trees, posts, buildings, etc.
12.3 Notification of change in status - The Owner or Responsible Person shall
immediately notify the Eagle County Animal Services Department if a Potentially Dangerous Pet
Animal is loose, unconfined, has attacked another animal, or a human being, or has died, been
sold, been given away, or is otherwise no longer in the possession of the Owner or Responsible
Person. If the Pet Animal has been sold or given away the Owner or Responsible Person shall
provide the Animal Services Department with the new Owner or Responsible Persons name,
address and telephone number. If the new Owner or Responsible Person maintains the Pet
Animal within Eagle County the new Owner or Responsible Person shall comply with the
requirements previously applied to such animal and the requirements of this chapter.
12.4 Signs: Displav Required - The Owner or Responsible Person shall display a sign
or signs in such form as required by Eagle County on their premises warning that there is a
Potentially Dangerous Animal on the premises. Such a sign or signs shall be visible and capable
of being read from any public right-of-way abutting the premises. Such a sign shall also be
posted on the enclosure for the Potentially Dangerous Animal.
12.5 Cost: Additional Signs - The County shall provide one (1) sign required by this
section at no cost to the Owner or Responsible Person. Additional or duplicate signs shall be
purchased from the County for an amount equal to the County cost for providing the signs.
12.6 Special license and ID tag - The Owner or Person Responsible for any Potentially
Dangerous Pet Animal shall obtain an annual special license for such animal, which license shall
expire on December 31 of the year for which the license is issued. An application for a special
license shall be made to the Eagle County Animal Services Department which shall include the
information required by Section 4 of this Resolution. All Potentially Dangerous Pet Animals
shall also be issued a special license identification tag which shall be worn by the Pet Animal at
all times.
12.7 Spay or Neuter requirement for Potentially Dangerous Animals - Within Fourteen
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(14) calendar days after its classification as a Potentially Dangerous Animal, the Owner or
Responsible Person shall have the Animal spayed or neutered and present proof of that fact to the
Eagle County Animal Services Department.
13. DESTRUGTION OF DANGEROUS PET ANIMAL
13.1 It shall be unlawful to own a Dangerous Pet Animal.
13.2 Any Pet Animal that is classified as Dangerous shall be humanely euthanized
after being quarantined for the period provided by law.
14. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION
CONTRACT
14.1 It shall be unlawful to fail to comply with any of the terms of an adoption or
fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to
such contract.
15. IMPOUNDMENT OF STRAY, ABANDONED ANIMALS OR THOSE OTHERWISE
IN VIOLATION OF PROVISIONS OF THIS RESOLUTION
15.1 An Animal Control Officer may impound any Animal that is not under Control as
required by this Resolution, or when it and/or its Owner is in violation of any of the provisions of
this Resolution.
15.2 An Animal Control Officer may impound any Potentially Dangerous or
Dangerous Animal that is not under Propyr Control as provided in these regulations. An Animal
Control Officer may perform such impoundment prior to notifying the Owner, if such Owner is
not immediately present to exercise Proper Control of such animal.
15.3 As soon as practical after the impoundment of any Animal, an Animal Control
Officer shall make a reasonable effort to notify the Owner of the animal's location by telephone,
posting of a notice at the Owner's residence, or by written notice mailed to the Owner's last
known address, if the identity of the Owner is known. If needed to establish the identity of the
Owner, information contained on any identification, rabies, or license tag found attached to the
animal shall be used.
16. OWNER'S DUTY TO REDEEM ANIMAL AND PAY FEES
16.1 The Owner of any impounded Animal shall be held responsible for all the costs of
impoundment, including medical treatment and boarding, and such costs shall be fully paid prior
to the release of the animal. In addition, prior to the release, the Owner shall pay for rabies
inoculation or provide proof of efficacious rabies vaccination.
16.2 Prior to release of any impounded dog the Owner shall pay for an Eagle County
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dog license or provide proof of current licensure in Eagle County or the place the Animal
regularI y is kept.
16.3 It shall be unlawful for any Owner to fail to make arrangements for the
redemption or surrender of any Animal impounded pursuant to the provisions of this Resolution,
or to fail to pay any fees associated with the redemption or surrender of such animal.
17. DISPOSITION OF IMPOUNDED ANIMALS
17.1 Any Animal impounded pursuant to the provisions of this Resolution, shall
become the property of the Eagle County Animal Control after 5 days of impoundment, after
which the Animal Services Department may humanely euthanize the animal. For purposes of this
section, a "day" means a 24-hour period beginning at the time of the day at, and on the date on,
which the animal was taken into Public Custody.
17.2 Eagle County Animal Control may humanely euthanize any Animal at any time
prior to the expiration of the 5-day impoundment period if the animal is seriously injured or ill,
or if the animal poses a risk to the health of any person.
17.3 After the required time period, in lieu of having an Animal destroyed, the Eagle
County Animal Services Department may release an Animal which is not diseased to a bona fide
humane society or to a person having no previous interest in the animal. Upon release of the
animal, the recipient shall pay a fee as established by the County, including but not limited to
fees for adoption, rabies inoculations, dog license, and sterilization costs.
17.4 All Animals adopted from the Eagle County Animal Shelter are required to be
sterilized at the time of adoption unless such surgery would be dangerous to the animal due to its
age or physical condition, as determined~bythe selected Veterinarian of record. Transfer of
Ownership shall not occur until sterilization has been performed although possession may be
given to the adopting person upon his or her promise to have the sterilization performed by a
specified date.
18. THREATENING OF LIVESTOCK OR WILDLIFE
18.1 It shall be unlawful to fail to control any Animal so as to prevent such animal
from running after, chasing, pursuing, biting, attacking, or in any other way threateni.ng livestock
or wildlife.
18.2 Any Animal threatening livestock or wildlife may be immediately destroyed at
the discretion of any Animal Control Officer. If not destroyed, the animal shall be immediately
impounded.
18.3 A violation of this section shall require a mandatory court appearance by the
Owner. Upon conviction, if the Animal was not destroyed at the time of the incident, the court
may order it destroyed under the supervision of the Animal Services Department; if the court
does not order the animal destroyed, the court shall deem the animal a Potentially Dangerous
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Animal, and possession shall be returned to the Owner subject to the regulations applicable to
Potentially Dangerous Animals under this Resolution and other state law. Upon a second
conviction of a violation of this section with respect to a specific Animal, the court shall order
the animal to be Dangerous and the animal destroyed under the supervision of the Animal
Services Department.
18.4 Upon conviction of any violation of this section, the Owner shall be required by
the court to pay restitution for any livestock or wildlife injured or killed by the Owner's Animal.
19. NUISANCE ANIMAL NOISE AND FECES
19.1 It is unlawful for any Owner to fail to prevent his Pet Animal from disturbing the
peace of any other person by habitual or persistent barking, howling, yelping, or whining, or any
other unprovoked noise, whether the animal is on or off the Owner's property.
19.2 It is unlawful for any Owner to permit the accumulation of a Pet Animal's feces
on the property on which the animal is kept such that it is detectable visually or odorously by
neighbors.
19.3 It is unlawful for any Owner to fail to confine Pet Animal feces, and any part
thereof, within the perimeters of the property on which the animal is kept, regardless whether
such failure to confine is the result of natural causes, such as surface water flow, or other causes.
19.4 No person shall be charged with a violation of this section unless a written
warning for a separate violation has been given at least seventy-two (72) hours prior to the
issuance of the citation. The name and address of the complainant shall appear on the written
warning.
20. HABITUAL OFFENDER It shall be unlawful for any person to become a Habitual
Offender as defined in this Resolution. Any person may be charged as a Habitual Offender in
addition to any other charges brought pursuant to the provisions of this Resolution. Upon the
conviction of an Owner as an Habitual Offender, the Owner's offending Animal(s) may be
ordered removed from Eagle County or surrendered to the Animal Services Department, along
with any other penalties imposed by the Court.
21. ENFORCEMENT Animal Control Officers have the authority to issue a Summons and
Complaint or penalty assessment to any alleged violator of this Resolution. The fine or other
penalty shall be as provided in the Eagle County Animal Control Resolution or as otherwise
provided by law.
22. PENALTIES: The fines, in the amounts prescribed in the attached Exhibit A, shall apply
to any such violation of these regulations, and shall be applied either through the penalty
assessment procedure of ~ 16-2-201, C.RS., or by the court after conviction, in which case the
court shall also assess the appropriate court costs.
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23. POWER OF THE COURT: In addition to any penalties which may be provided for in
this Resolution, the court shall have the authority, upon making a finding that an animal
constitutes a nuisance or that an Animal constitutes a real or present danger to the citizens of the
County, to order that the Animal be destroyed in a humane fashion.
24. LIABILITY FOR ACCIDENT OR SUBSEQUENT DISEASE FROM
IMPOUNDMENT: The Board of County Commissioners, its employees, agents and persons
authorized herein to enforce the provisions of this Resolution, shall not be held responsible for
any accident or subsequent disease which may be suffered by an Animal as a result of the
administration or implementation of this Resolution.
24. LIABILITY FOR ACCIDENT OR SUBSEQUENT DISEASE FROM ,
IMPOUNDMENT: An Owner shall be deemed to have been issued and received an appropriate
notice or warning as herein referred 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 according to the last address given by the Owner to obtain a dog license or cat
identification tag, or to such other address as may be on file for the Owner with any government
agency.
25. ENFORCEMENT: The provisions of this Resolution shall be enforced by the County
Sheriff and peace officer of jurisdiction.
26. HOT PURSUIT: An Animal Control Officer in hot pursuit of an animal that is
suspected of inflicting Bodily or Serious Bodily Injury to a human being or other animal may
enter onto private property for the purposes of enforcing this Resolution, including for the
purpose of effecting an Impoundment and/or Quarantine and, removing the animal from the
property, ascertaining the identity of the animal, it's owner, and/or the currency or existence of
dog tags, or issuing a citation. This section, however, does not grant any Animal Control Officer
authority to enter into any dwelling.
27. ANIMAL CONTROL OFFICERS
28.1 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.
28.2 Pursuant to ~ 30-15-105, C.RS., personnel engaged in animal control, however
titled or administratively assigned, may issue citations or enforcing this Resolution. Personnel so
engaged shall be included in the definition of "Peace Officer or Fireman" in ~ 18-3-201 (2),
C.RS. Nothing herein is intended to vest authority in any person so engaged to enforce any
resolution or statute other than this Resolution.
28. 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 licenses shall be
paid over to the County Treasurer immediately upon their receipt.
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29. CAPTIONS: The captions and paragraph headings used throUghout this Resolution are
for the couvenience of reference only, and the words contained herein 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.
30. TERMS: For convenience, defined tenas usually have been capitalized within this
Resolution. Words used herein shall have their natural meaning, their statutory meaning if
applicable, or the meaning set forth in the defmitions, according to the cootext in which they
appear, regardless of capitalization.
31. SEVERAB IUTY: 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 and 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 penaitted by law.
32. REPEALER: Upon the effective date of this Resolution, the Eagle County Animal
Control ResolutioIl of 1996, Resolution No. 96-23, 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.
33. TITLE: This Resolution shall be known as the Eagle County Animal Control Resolution
of 2007. "
34. EFFECTIVE DATE: AU Provisions of this Resolution shall be effective on March I,
2007.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 27"' day of February, 2007.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND UGH ITS BOARD OF COUNTY
COMMI RS
BY:
enconi, Chairman
-.J1,1/' Q !;,),;._
Sara J. Fisher, Commissioner
Peter F. Runyon, Commissioner
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Commissioner rlJetL'Cr:l/~' seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
C:lyJf
('2(./;, Iv{
~..y
This Resolution passed by ,;:::J It) vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
Commissioner Am M. Menconi
Commissioner Peter F. Runyon
Commissioner Sara J. Fisher
16
The above-stated fines are minimum penalties and all violations are subject to the general fine
and imprisonment provisions of ~ 30-15-102, C.RS.
EXHIBIT A
Department of Animal Services
Fee & Fine Schedule
FEES:
Dog License:
Potentially Dangerous Dog License:
Cat Tag:
Adoption:
Adoption Small Animal other than
Dog or cat:
Impounds:
Boarding:
Dog Surrender:
Cat Surrender:
Litter Surrender/Puppies:
Litter Surrender/Kittens:
CatIDog Traps:
Transport within County:
Out of County Transport
Owner Request, Euthanasia
$10.00 (Altered) per year
$20.00 (Not Altered) per year
$5.00 Replacement Tag
$200.00 per year
$2.00 each
Cats - $70.00
Dogs -$100.00
$10.00
$30.00
Subsequent offenses go up $10.00 each time
$15.00 per dog per day
$10.00 per cat per day
$40.00
$50.00
$50.00 plus $10.00 per puppy
$40.00 plus $10.00 per kitten
$65.00 refundable deposit
$40.00
$100.00 per day plus $1.00 per mile
$30.00
FINES
For all violations not involving a Dangerous or Potentially Dangerous Animal:
Offense:
1 st Offense
2nd Offense
Fines:
$40.00
$100.00
3rd Offense
Subsequent
$250.00
Court
For all violations involving a Potentially Dangerous Animal:
Offense:
1 st Offense
2nd Offense
Fines:
$100.00
$200.00
Subsequent
Court
The above-stated fines are minimum penalties and all violations are subject to the general fine
and imprisonment provisions of ~ 30-15-102, C.RS.
