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.
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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.
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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
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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
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(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.
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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.
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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;
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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.
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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.
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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
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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
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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
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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.
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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.
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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