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HomeMy WebLinkAboutR96-023 restating 91-109 control and licensing of dogs/disposition of animals1 Commissioner moved adoption of the following esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96-~_ RESOLUTION REPEALING AND RESTATING RESOLUTION NO. 91-109 CONCERNING THE CONTROL AND LICENSING OF DOGS AND IMPOUNDMENT AND DISPOSITION OF ANIMALS WHEREAS, § 30-15-101 et s~ 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. 91-109 adopted December 17, 1991, entitled "Eagle County Animal Control Resolution of 1992"; and WHEREAS, the Board finds that dogs running at large within the unincorporated territory constitute a menace to the public property and to the health, welfare, peace and safety of the citizens of Eagle County; and WHEREAS, the Board finds that improper control of pet animals within the unincorporated territory constitutes a menace to the public property, and to the health, welfare, peace and safety of the citizens of Eagle County; and WHEREAS, the Board finds that the Eagle County Animal Control Resolution of 1992 requires certain additions, modifications and clarifications in order to adequately provide for the control of pet animals and other reasonable or necessary regulations pertaining thereto; and WHEREAS, this Resolution is intended to repeal and restate the Eagle County Animal Control Resolution of 1992. 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 Owners be responsible for their Pet Animals' conduct, that they exercise control with respect to their Pet Animals' in a manner which recognizes the rights, health and safety of others in the community, and that they beheld strictly liable for conduct of their Pet 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 any living dumb creature. 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.R.S., Eagle County Sheriff's Department personnel, and peace officers as defined in §18-1-901, C.R.S. 2.4 "ANIMAL SHELTER" means all facilities and premises authorized by the Board 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.R.S. 2.5 "ATTACK" means aggressive behavior resulting in bodily injury, serious bodily injury, or the death of a person or an Animal. 2.6 "BITE" means the piercing, laceration, or breaking of the skin by the teeth or jaws of any Animal. 2.7 "BODILY INJURY" means any physical injury that results in severe bruising, muscle tears or skin lacerations requiring professional medical treatment, or fracture of any bone or injury that requires corrective or cosmetic surgery. 2.8 "CAT" means any animal of the species Felis Domesticus or any hybrid thereof. 2 2.9 "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. 2.10 "DANGEROUS ANIMAL" means any Pet Animal or Working Dog that has inflicted Bodily or Serious Bodily Injury upon or has caused the death of a person or an Animal, or is a venomous Animal. 2.11 "DOG" means any animal related to the wolf, fox, coyote, or jackal. 2.12 "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. 2.13 "IMMEDIATE CONTROL" means Control of a Pet Animal by the physical presence of the Owner or other responsible person within ten feet (10') of the Animal and such person can exhibit voice control over the Pet Animal. 2.14 "MISTREATMENT" means every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering of a Pet Animal. 2.15 "NECESSARY CARE" for a Pet Animal includes but is not limited to providing food, water, protection from the weather, socialization, and removal of waste from the animal's enclosure. 2.16 "NEGLECT" means failure to provide food, water, protection from the weather, opportunity for exercise, socialization, or other care consistent with the needs of that species of_Pet Animal in question. 2.17 "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. 3 2.18 "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- 10 2 (10) , C . R . S . , as that may be amended f rom 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. 2.19 "PET ANIMAL FACILITY" means any facility licensed as such pursuant to the provisions of Part 1 of Article 80 of Title 35, C.R.S. 2.20 "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 other responsible person, or confinement within a vehicle or Secure Animal Enclosure. 2.21 "POTENTIALLY DANGEROUS ANIMAL" means any Pet Animal or Working Dog that when unprovoked: a) Inflicts any bite or bruising upon a human or another Animal, or b) Chases or approaches a person on any property other than the Owner' s in a menacing fashion or apparent attitude of attack, or c) Is an Animal possessing physical characteristics or demonstrated tendencies that would cause a reasonable person to conclude that the Animal is likely to inflict injury or cause the death of any person or another Animal. 2.22 "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. 2.23 "PROVOCATION" means threatening, striking, or its Owner in the animal's person or another Animal. harassment, teasing, attacking an Animal or presence, by either a 4 2.24 "PIIBLIC CIISTODY" means the confinement of an Animal in an Animal Shelter, or in the physical control of an Animal Control Officer performing duties pursuant to the provisions of the Resolution. 2.25 "QIIARANTINE" means the confinement of a Pet Animal in Public Custody for observation to detect symptoms of disease. 2.26 "SECIIRE ANIMAL ENCLOSIIRE" 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. A Secure Animal Enclosure for Dangerous Animal(s) shall be posted with signs on all sides, which are legible to passersby, warning of the presence of a Dangerous Animal. 2.27 "SERIOIIS BODILY INJIIRY" means such injury which, either at the time of the attack or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures or burns of the second or third degree. 2.28 "SOCIALIZATION" means activities that enable a Pet Animal to develop or improve its ability to get along well with other Pet Animals or people. 2.29 "TETHER" means to~securely tie, chain or leash a Pet Animal to an inanimate object. 2.30 "TRESPASS" means the entry by a Pet Animal upon any private property other than that of the animal's Owner, or upon public property which is posted as not permitting Animals or such Animals. 2.31 "WORKING DOG" means a dog which is actually working livestock, locating or retrieving wild game in season for a licensed hunter, assisting law enforcement officers, assisting in rescue efforts, or being trained for any of these purposes. 3. VACCINATION OF PET ANIMALS REOIIIRED 3.1 Owners of Pet Animals and Working Dogs which are harbored, kept, or maintained in Eagle County, for which Animals the United States Department of Agriculture has licensed a rabies vaccine, shall 5 (i) vaccinate, (ii) maintain the efficacy of the vaccination, and (iii) maintain proof of current, efficacious rabies vaccination for their Pet Animals and Working Dogs. 3.2 Pet Animals and Working Dogs shall be vaccinated when the animal reaches the age of three months or is licensed (if applicable), whichever occurs first, and the vaccination shall be repeated as necessary in accordance with the recommendations of the United States Department of Agriculture or vaccine manufacturer to maintain efficacy of the vaccination. 4. ANNUAL DOG LICENSING All dogs harbored, kept, or maintained in Eagle County shall be licensed, except dogs kept as part of the operation of a Pet Animal Facility. 4.1 All dogs over the age of three months shall have a valid Eagle County Pet Animal license after the dog has been kept, maintained, or harbored in the County for any consecutive fourteen day period or immediately upon citation for any violation of this Resolution. 4.2 A dog license shall be valid for one year. An Owner shall obtain a dog license every year, prior to the expiration of the license. 4.3 A valid dog license tag shall be attached to a collar or harness and shall be worn by the dog at all times. If any dog is unable to wear a collar or harness because of a permanent medical condition certified by a veterinarian, or because a dog is worked in a capacity that makes the wearing of a collar or harness hazardous to the dog, the Owner of the dog must have the animal tattooed for identification purposes, or identified by implanted microchip, in .a manner approved by the Animal Control Department. 4.4 A dog license shall be comprised of and evidenced by a written license form and a dog license tag. 4.5 The Eagle County Animal Control Department and/or any agency or person designated by the Board of County Commissioners by resolution will issue a dog license upon the receipt of the executed application, evidence of rabies vaccination with efficacy extending throughout the entire license period, and payment of the license fee. 6 5. VOLIINTARY 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 Control Department, and/or any agency or person designated by the Board of County Commissioners by resolution upon the receipt of the executed application and payment of the identification tag fee. 6. FAILIIRE 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 without the 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 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 kept or left in circumstances which constitute Mistreatment or Abandonment. 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. 7 S. 9. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER 8.1 No person shall interfere with, molest, hinder, prevent, or obstruct an Animal Control Officer in his/her performance of duty pursuant to this Resolution. 8.2 No person shall remove any animal from the Public Custody without the consent of an Animal Control Officer . DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS 9.1 Animal Control Officers and the Court shall have the authority to and shall designate any Pet Animal or Working Dog as Dangerous or Potentially Dangerous when the preponderance of evidence is that the animal displays any of characteristics set forth in Sections 2.10 or 2.20 of this Resolution. 9.2 When an Animal has been designated by an Animal Control Officer as a Dangerous or a Potentially Dangerous Animal, the Owner has the right to request an administrative hearing to show cause as to why the animal should not be considered a Dangerous or Potentially Dangerous Animal. The burden of proof shall be on the Owner to demonstrate that the behavior of the animal does not support the designation of Dangerous or Potentially Dangerous. The Board of County Commissioners or its designee shall preside at such hearing. Requests for a hearing must be made in writing and submitted within 30 days after the designation by mail or personal delivery to: The Eagle County Board of County Commissioners, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631. 9.3 Affirmative defenses. Except with respect to an Animal trained for or that has engaged in Animal fighting as that is described in §18-9-204, C.R.S., an affirmative defense to the declaration of a Potentially Dangerous or Dangerous Animal shall be that: a) The Animal attacked was trespassing upon the Premises of the Owner, and the attack began, although it did not necessarily end, upon such Premises; b) The Animal attacked was biting or otherwise threatening or attacking the Owner or the Owner's animal; 8 c) The person attacked was committing a criminal offense, other than a petty offense, against a person on the Owner's Premises or against the Premises itself and the attack began, although did not necessarily end, upon such Premises; d) The person attacked had tormented, provoked, abused, or inflicted injury upon the animal. 9.4 When he or she reasonably believes that an Animal is Potentially Dangerous or Dangerous and is not under Proper Control, an Anima•1 Control Officer may use any available means to prevent the endangerment of any person or Animal. Such means shall include impounding and the destruction of the animal, if reasonably necessary in the circumstances. 10. CONTROL OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS Owners of Dangerous Animal(s) or Potentially Dangerous Animals shall at all times exercise Proper Control over such animal(s). 10.1 "Proper Control of a Dangerous Animal" is: a) While on the Owner's Premises, a Dangerous Animal shall be confined indoors or in a Secure Animal Enclosure; and b) While off the Owner's Premises, a Dangerous Animal shall be under the Physical Control of the Owner or other responsible person. 10.2 "Proper Control of a Potentially Dangerous Animal" is: a) While on the Owner's Premises, a Potentially Dangerous Animal shall be controlled by a chain, leash, or other confinement suitable to prevent the animal from leaving or reaching outside the Owner's Premises; and b) While off the Owner's Premises, a Potentially Dangerous Animal shall be under the Physical Control of the Owner or other responsible person. 11. DUTY TO REPORT ANIMAL BITES AND INJURY CAUSED BY ANIMALS It shall be unlawful for any medical personnel who provide treatment to a person or animal for animal bite or injury caused by a Pet Animal to fail to report to the Eagle County Animal Control Department any information known to him regarding the animal bite or injury. The report shall be made within 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. 9 12. DUTY TO PRODIICE BITING ANIMAL FOR INSPECTION OR OUAR.ANTINE 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 a person or is suspected of biting a person. 12.1 If the Quarantine of a Pet Animal is deemed necessary, the place of Quarantine shall be determined by the Animal Control Department. 12.2 All costs of a Quarantine shall be the responsibility of the Owner. 12.3 If the Quarantine of a Pet Animal is deemed necessary, the disposition of the animal will be at the discretion of the Animal Control Department. 13. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION CONTRACT 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. 14. IMPOUNDMENT OF ANIMALS 14.1 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. 14.2 An Animal Control Officer may impound any Potentially Dangerous or Dangerous Animal that is not under Proper Control. 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. 14.3 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 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. 10 15. OWNER'S DUTY TO REDEEM ANIMAL AND PAY FEES 15.1 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 release the Owner shall pay for rabies inoculation or provide proof of efficacious rabies vaccination. 15.2 Prior to release of any impounded dog the Owner shall pay for an Eagle County dog license or • provide proof of current licensure in Eagle County or the place the Animal regularly is kept. 15.3 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. 16. DISPOSITION OF IMPOUNDED ANIMALS 16.1 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 Control 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. 16.2 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. 16.3 After the required time period, in lieu of having an Animal destroyed, the Eagle County Animal Control 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. 16.4 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 11 to the animal due to its age or physical condition, as determined by the 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. 17. 18. THREATENING OF LIVESTOCK OR WILDLIFE 17.1 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 threatening livestock or wildlife. 17.2 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. 17.3 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 Control Department; if the court does not order the animal destroyed, the court shall deem the animal a Dangerous Animal, and possession shall be returned to the Owner subject to the regulations applicable to 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 destruction of the animal under the supervision of the Animal Control Department. 17.4 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. NUISANCE ANIMAL NOISE AND FECES 18.1 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. 18.2 It is unlawful for any Owner to permit the accumulation of a Pet Animal's feces on the 12 property on which the animal is kept such that it is detectable visually or odorously by neighbors. 18.3 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. 18.4 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 hours prior to the issuance of the citation. The name and address of the complainant shall appear on the written warning. 19. FIABITUAL 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, along with any other penalties imposed by the Court. 20. 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. 21. PENALTIES The following fines 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: A. For all violations not involving a potentially dangerous animal: First offense: Second offense within 18 months: Subsequent offenses within 18 months: B. For all violations involving a Dangerous Animal violations: First offense: Second offense within 18 months: Subsequent offenses within 18 months: dangerous or $ 40.00 $loo.oo $250.00 Potentially $ 75.00 $150.00 Mandatory c o u r t appearance 13 C. For all violations involving a Dangerous Animal, an habitual offender charge, failing to redeem Animal, failure to pay fine or fees, or threatening of livestock or wildlife: Any offense: Mandatory court appearance Mandatory fine upon conviction of $300.00 plus all associated costs and restitution The above-stated fines are minimum penalties and all violations are subject to the general fine and imprisonment provisions of § 30- 15-102, C.R.S. 22. POWER OF 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 and present danger to the citizens of the County, .to order that the animal be destroyed in a humane fashion. 23. 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. NOTICE AND EVIDENCE OF WARNINGS 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 the Eagle County Animal Control Officer, and their respective deputies, and by any peace officer. 26. HOT PURSUIT An Animal Control Officer in hot pursuit of any Animal in apparent violation of this Resolution may enter onto private property for the purposes of enforcing this Resolution, including for the purpose of effecting an impoundment, removing the animal from the property, ascertaining the identity of the animal 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. 14 27. ANIMAL CONTROL OFFICERS 27.1 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. 27.2 Pursuant to §30-15-105, C.R.S., personnel engaged in animal 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 seg. 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. 29. CAPTIONS The captions and paragraph headings used throughout this Resolution are for the convenience 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 terms 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 definitions, according to the context in which they appear, regardless of capitalization. 31. 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 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 permitted by law. 15 32. REPEALER Upon the effective date of this Resolution, the Eagle County Animal Control Resolution of 1992, Resolution No. 91- 109, 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 1996." 34. EFFECTIVE DATE All provisions of this Resolution shall be effective on April 1, 1996. .~~ b,, ~~ ~~~~~ ~'~ COUNTY OF EAGLE, STATE OF r COLORADO, By and Through Its ATTEST: ~~,~ .y~~ BOARD OF COUNTY COMMISSIONERS MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, State o Colorado, at its regular meeting held the day of , 1996. ~~ i Clerk to the B rd of County Commissioners Commissioner seconded adoption of the foregoing resolution. T e roll having been called, the vote was as follows: Commissioner George A. Gates --^ Commissioner Johnnette Phillips ~Ao Commissioner James E. Johnson, Jr. ~,~ This Resolution passed by ~ -~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. \nlr\r\animal.96r File 85-83 16 T By: George A. Gates, Chairman