HomeMy WebLinkAboutR91-109 repealing and restating reso 90-48 on control and licensing of dogsCommissioner l'),e/ek moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91 - lbq
A RESOLUTION REPEALING AND RESTATING RESOLUTION NO. 90-48
CONCERNING THE CONTROL AND LICENSING OF DOGS AND
IMPOUNDMENT AND DISPOSITION OF ANIMALS
WHEREAS, § 30 -15 -101 gtt see . C.R.S., authorizes the Board of County Commissioners,
County of Eagle, State of Colorado, hereinafter referred to as the "Board ", to adopt a resolution
providing for control and licensing of dogs in the unincorporated areas of Eagle County,
Colorado; and
WHEREAS, the Board has previously adopted such regulations by Resolution No. 85 -65,
adopted November 25, 1985; which was repealed and restated by Resolution No. 90 -48, adopted
April 30, 1990; and
WHEREAS, the Board finds that dogs running at large within the unincorporated territory
constitute a menace to the public property, health, welfare, peace, and safety; and
WHEREAS, the Board finds that the current County Dog Control Resolution known as
the "Eagle County Dog Control Resolution of 1990" requires certain additions, modifications and
clarifications in order to adequately provide for the control of dogs and other reasonable or
necessary regulations pertaining thereto; and
WHEREAS, this Resolution is intended to repeal and restate the 'Eagle County Dog
Control Resolution of 1990" which repealed and restated the 'Eagle County Dog Control
Resolution of 1985," as amended.
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Commissioner l'),e/ek moved adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91 - lbq
A RESOLUTION REPEALING AND RESTATING RESOLUTION NO. 90-48
CONCERNING THE CONTROL AND LICENSING OF DOGS AND
IMPOUNDMENT AND DISPOSITION OF ANIMALS
WHEREAS, § 30 -15 -101 gtt see . C.R.S., authorizes the Board of County Commissioners,
County of Eagle, State of Colorado, hereinafter referred to as the "Board ", to adopt a resolution
providing for control and licensing of dogs in the unincorporated areas of Eagle County,
Colorado; and
WHEREAS, the Board has previously adopted such regulations by Resolution No. 85 -65,
adopted November 25, 1985; which was repealed and restated by Resolution No. 90 -48, adopted
April 30, 1990; and
WHEREAS, the Board finds that dogs running at large within the unincorporated territory
constitute a menace to the public property, health, welfare, peace, and safety; and
WHEREAS, the Board finds that the current County Dog Control Resolution known as
the "Eagle County Dog Control Resolution of 1990" requires certain additions, modifications and
clarifications in order to adequately provide for the control of dogs and other reasonable or
necessary regulations pertaining thereto; and
WHEREAS, this Resolution is intended to repeal and restate the 'Eagle County Dog
Control Resolution of 1990" which repealed and restated the 'Eagle County Dog Control
Resolution of 1985," as amended.
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NOW, THEREFORE, BE IT RESOLVED BY TBE BOARD OF COUNTY
CONMSSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the following Resolution be and is hereby adopted:
Section 1. Title
This resolution shall be known as the "Eagle County Animal Control Resolution of
1992."
Section 2. Definitions
For the purpose of this resolution, the following definitions shall apply:
A. "Abandon(ed)" - means to deposit, leave, drop off or otherwise dispose of any
living domestic animal without providing immediate humane care on any public or private
property.
B. "Animal' - any living vertebrate creature, domestic or wild, including dogs but
excluding estrayed animals as defined in § 35 -44- 101(1), C.R.S., as amended.
C. "Bite" - means to seize with the teeth or jaws so that a person or animal has been
nipped, gripped, wounded or the skin pierced.
D. 'Board" - is the Board of County Commissioners of the County of Eagle, State
of Colorado.
E. "Control" - means physical restraint or influence over a dog by means of a leash,
cord or chain no longer than ten feet (101) in length except when the dog is actually working
livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law
enforcement officers, or while actually being trained for any of these specifically enumerated
purposes. For purposes of this Resolution, control shall be construed to include authorization
for the County Animal Control Officer to enforce the laws for the prevention of cruelty to
animals in accordance with Section 29, herein.
F. "Conviction" - means a finding of guilt by a court or acknowledgement of guilt
by payment of fine pursuant to the penalty assessment procedure.
G. "County" - is the County of Eagle, State of Colorado.
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H. "Cruelty" - occurs when a person knowingly or with criminal negligence
overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unneces-
sarily or cruelly beats, needlessly mutilates, needlessly kills, carries in or upon any vehicles in
a cruel manner, or otherwise mistreats or neglects any animal, or causes or procures it to be
done, or, having the charge and custody of any animal, fails to provide it with proper food,
drink, socialization, or protection from the weather, or abandons it.
I. "Damage" - loss or harm resulting from injury to person or property.
authority,
"Dangerous Dog" - means any dog that according to the records of the appropriate
1. Has inflicted serious bodily injury upon a human being, without provoca-
tion, while on public or private property, or
2. Has killed a domestic animal without provocation while off the owner's
property, or
Whose owner has been convicted of a violation of Section 18, or the
equivalent in another jurisdiction, or
Has been previously found to be potentially dangerous, the owner having
received notice of such and the dog again bites, attacks, or endangers the
safety of humans or domestic animals; provided, however, that dogs shall
not be declared dangerous if the threat, injury, or damage was sustained
by a person who, at the time, was committing a willful trespass or other
tort upon the premises occupied by the owner of the dog, or was abusing,
or assaulting the dog or was committing or attempting to commit a crime.
Has engaged in or been trained for animal fighting as described and prohi-
bited in C.R.S. section 18 -9 -204.
K. "Dog" - shall refer to any animal of the canine species, regardless of sex,
including dogs of wild extraction, and a dog that is of any hereditary part related to wild canines
such as but not limited to the wolf family (canis lupus), and the coyote family ( canis latrans).
L. "Dog Female" - means a dog of the female gender on which no alternative surgery
(e.g. ovariectomy or ovariohysterectomy) has been performed. (Intact)
M. "Dog- Spayed Female" - is a female dog on which an ovariectomy or hysterectomy
has been performed by a licensed veterinarian.
N. "Dog Male" - means a dog of the male gender which has not been castrat-
ed.(Intact)
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O. "Dog - Neutered Male" - is a male dog which has been castrated.
P. "Dog Owner" - a person, or any parent, guardian, or legal custodian of any
unemancipated child under eighteen (18) years of age who owns, co -owns, possesses, controls,
maintains, keeps, or harbors a dog or knowingly permits, or intends to permit a dog to remain
for seven consecutive days on or about property or premises owned, controlled, or occupied by
him or her; a kennel is not a dog owner within the purview of this definition.
Q. "Dog, Stray" - shall mean any licensed or unlicensed dog found loose or
unattended anywhere within the County of Eagle.
R. "Dog Tag" - metal tag stating vaccination against rabies which is serial numbered,
bearing the year of issuance, the name of Eagle County, and the telephone number of the Animal
Control Center. Dog tags are issued by an Eagle County Animal Control Officer, or other
authorized agent upon presentation of a current vaccination certificate issued by a licensed
veterinarian.
S. "Harbor" or "Keep" - to feed and care for any dog or cat upon the premises or
to permit any dog or cat to be fed and cared for on the premises. The occupant of any premises
to which a dog or cat is kept or to which the animal customarily returns daily for food, shelter
and /or care is presumed to be harboring said animal within the meaning of this Resolution and
said person shall be subject to the applicable provisions of this Resolution. No person is deemed
to harbor or keep any animal that has been reported to Animal Control and is actively assisting
in efforts to impound or confine said animal.
T. "Keeper" - shall mean any person who keeps or harbors a dog or cat for less than
seven () days.
U. "Kennel" - a person, entity or operation which is required to be licensed or
permitted by the State of Colorado and /or County pursuant to applicable laws and regulations,
and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other
commercial or recreational purposes.
V. "License Year" - January 1 through December 31 of the referenced year.
W. "Mistreatment" - includes every act or omission which causes, or unreasonably
permits the continuation of, unnecessary or unjustifiable pain or suffering.
X. "Neglect" - includes failure to provide food, water, protection from the elements,
opportunity for exercise socialization or other care normal, usual and proper for an animal's
health and well- being.
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Y. "Potentially Dangerous Dog" - means any dog that when unprovoked:
1. Inflicts a bite(s) on a human or a domestic animal either on public or
private property, or
2. Chases or approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, or
3. Chases or approaches a person upon private property other than the
owner's in a menacing fashion or apparent attitude of attack.
Z. "Premises" - property owned, leased, or expressly permitted to be used by an
owner; or, any confined area or locality like a residence, business, room, shop, building, or
motor vehicle in which the animal's presence is authorized by the owner of the premises. The
term "premises" includes the open space bed of a truck.
AA. "Proper Enclosure of a Dangerous Dog" - means while on the owner's property,
a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children and designed to prevent the animal from
escaping. Such pen or structure shall have secure sides and a secure top, a locked gate, and shall
also provide protection from the elements. There shall be posted signs, which are legible to
passersby, warning of the dangerous dog's presence.
BB. "Proper Restraint of a Potentially Dangerous Dog" - means:
1. While on the owner's property, a potentially dangerous dog shall be
restrained by chain, leash or other confinement suitable to prevent the
animal from leaving the owner's property, or
2. While off the owner's property, a potentially dangerous dog shall be under
physical restraint of the owner or other responsible person.
CC. "Provocation" - Harassment, teasing, threatening, striking, or attacking an animal
or its owner in the animal's presence, by either a person or another animal.
DD. "Public Nuisance" - an animal infected with rabies, or stray cat(s), or a barking
dog which disturbs the peace of humans, or a dangerous or potentially dangerous dog, an uncon-
fined dog in estrus, or a dog or cat that deposits excrement on public or private property that is
not subsequently and promptly removed by the responsible party.
EE. "Rabies" - a communicable disease of both wild and domestic animals
transmittable to humans, as defined by the United States Department of Agriculture.
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FF. "Running at Large" - when a dog enters the property of another person without
authorization of that person, or when it enters public property, and is not under the control of
the dog owner or other responsible person or an employee or agent of the owner, either by leash,
cable, or chain not more than ten (10) feet in length.
GG. "Severe Intjury" - means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
HH. "Vaccination, inoculation, or vaccination for rabies" -these terms shall mean
the inoculation of a dog with an anti - rabies vaccine approved by the Colorado State Department
of Health and administered by a licensed veterinarian for use in the prevention of rabies which
is deemed current by reference to the expiration date noted on the vaccination certificate or pub-
lished duration as indicated by the manufacturer.
Section 3. Annual Licensing and Vaccination Required
It shall be unlawful for a dog owner to fail to annually obtain a license in accordance with
the provisions of this Resolution for each dog which he or she maintains, keeps, or harbors
within the County for seven (7) consecutive days, and to have vaccinated or inoculated against
rabies each dog for which said license is required. In order to be licensed, a dog must have been
first vaccinated or inoculated as can be demonstrated by a current vaccination certificate issued
by a graduate veterinarian licensed to practice veterinary medicine.
A license is not required for cats; however, every cat so maintained, kept or harbored
within the County for seven (7) consecutive days must be currently vaccinated against rabies and
a certificate as to the date administered and expiration, identifying the type of vaccine,
administering veterinarian and business address must be presented for inspection upon the request
of any authorized officer.
Section 4. Issuance of Dog License and Dog Tag
The Eagle County Animal Control Department and /or Deputy County Clerk and Recorder
or any agency or person designated by the Board of County Commissioners in writing shall issue
a dog license and dog tag upon the receipt of the executed application therefor and inspection of
the vaccination certificate. The vaccination certificate will certify that the dog has been
currently vaccinated against rabies.
Section 5. Duration. Fees and Requirements of County Doe License and Dog Ta
A. A tag and license shall be available for a fee as set forth in Section 21. A dog
license shall be valid from January 1 through December 31 of the referenced year. Upon the
expiration of a dog license, a new license must be obtained from Eagle County for the
succeeding year.
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B. A dog license will provide a place to state the following information:
Name and address of dog owner.
2. Breed, sex, age and description of the dog to be licensed.
Date of vaccination or inoculation against rabies according to the
vaccination certificate.
4. Date of issuance of license.
Number of the dog tag.
C. A dog tag shall be issued to the dog owner with the County Dog License and will
be regarded as part of the license. The tag will be made of durable material, shall be suitable
to be attached to a dog collar or harness, and will state the year of issuance and the number of
the dog license.
D. In the event a dog tag is lost, destroyed or mutilated, a replacement tag may be
issued, for a fee of five dollars ($5), by the appropriate official, upon presentation of the current
representative dog license.
E. It shall be unlawful to possess and /or affix a tag to any dog other than that specific
animal for which the respective license and tag have been issued.
Section 6 Registration for Doe License, Registration for a Dog Owner who Moves into the
County, and Exception as to Dogs Under the Age of Twelve Weeks Old
A. With respect to a dog who moves into the County, the owner shall obtain a license
for said dog within seven ('n days after entry into the County.
B. A dog under the age of twelve weeks is not required to be licensed or vaccinated;
provided, however, within thirty (30) days after a dog has become twelve weeks of age the dog
owner shall obtain a license for said dog. If said dog is impounded, vaccination shall be
mandatory at the time of release from impoundment; such vaccination shall be at owner's
expense.
Section 7 Vaccination or Inoculation Against Rabies
A. Vaccination or inoculation against rabies in order to obtain a dog license must be
by a licensed graduate veterinarian using a vaccine recommended by a current compendium of
animal rabies vaccines.
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B. The dog owner will obtain from the veterinarian a vaccination certificate which
states the type of vaccine with which the dog was inoculated, the date of inoculation, the
expiration date of inoculation, the business address and the administering veterinarian.
Section 8.. Retention of Doe License Attachment of Dog Tag to Collar or Harness
A. A dog owner who obtains a dog license will retain it during the license year and
is required to present it for examination by the County Sheriff, Deputy Sheriff, and the County
Animal Control Officer or any other peace officer in the connection with the enforcement of the
Resolution.
B. No dog owner shall fail to place upon his dog the collar or harness to which the
tag is attached. Said collar or harness must be worn by the dog at all times, except when the
dog is securely confined within any enclosure on the property of the owner, possessor, or keeper
of such an animal. Failure to adhere to this regulation shall result in penalties listed in Section
21.
C. If for some reason a dog cannot wear a collar or harness, the owner of said dog
must have the dog tattooed with a tattoo approved by the Animal Control Department.
Section 9. Kennel Regulations
Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the
provisions of this Resolution while they are within the confines of the kennel premises; however,
current rabies vaccinations and applicable certificates for each dog over four months of age so
kept or kenneled is required and shall be presented for inspection upon request of an authorized
officer.
Section 10. Control
A. It shall be the duty of any owner or keeper of a dog to keep such dog under
control, as herein defined, so as to prevent the dog from:
1. Running at large;
2. Becoming a danger to persons or property;
3. Trespassing on the property of another;
4. Being a public nuisance as defined in Section 27 and 2(DD). The purpose
of this Section 10 (1) shall not apply to dogs while actually working
livestock, locating or retrieving wild game in season for a licensed hunter,
or assisting law enforcement officers or while actually being trained for
any of these specifically enumerated pursuits.
B. Eagle County Animal Control has the authority to and shall deem any animal that
displays any of the characteristics set forth in Sections II(f) or II(Y) as Dangerous or Potentially
Dangerous, and shall notify owner through posted notice.
C. 1. It shall be unlawful for a dog to not be under control in instances which
shall include, but not be limited to, when said dog bites or damages a
person or property of anyone other than the owner. Eagle County Animal
Control has the authority to and shall deem any dog that bites a human or
domestic animal as potentially dangerous and shall notify owner through
posted notice.
2. It shall be unlawful for a dog to not be under control in instances which
shall include, but not be limited to, when said dog inflicts severe bodily
injury or damage to the person or property of anyone other than the
owner. Eagle County Animal Control shall deem any dog that inflicts
severe bodily injury to a human or domestic animal as a dangerous dog
and shall notify owner through posted notice.
D. • No dog owner shall fail to confine any female dog in the state of estrus (heat).
The dog shall be confined during estrus in a house, building, or secure enclosure constructed so
that no other dog may gain access to the confined animal. Owners who do not comply with this
subsection may be ordered to remove the dog to a boarding kennel, veterinary hospital or the
Animal Control Center. All expenses incurred as a result of such confinement shall be paid by
the owner. Failure to comply with the removal order of an Animal Control Officer shall be a
violation of this Resolution, and any unspayed female dog in estrus may be summarily
impounded in the event of noncompliance with such a removal order.
E. It shall be unlawful for a dog owner to leave within the open portion of a vehicle
parked on public property a dog which is creating a danger to persons and /or property in the
immediate vicinity thereto.
F. It shall be unlawful to leave any domestic companion animal confined within a
vehicle so as to place said animal in undue stress or danger of extremes in temperatures. Any
authorized officer finding such to be existent may take whatever reasonable means necessary to
remove said animal from the vehicle and place said animal into "protective custody ".
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G. It shall be unlawful for a person to abandon or leave unattended an animal owned
by him or which has been under his control or in his possession. An animal which has been left
unattended for more than 24 hours after posted notice of abandonment by an Eagle County
Animal Control Officer, shall be considered abandoned and may be impounded by the Eagle
County Animal Control exercising whatever reasonable means necessary to accomplish such
impoundment.
H. Procedure for Notice of Abandoned Animals: Eagle County Animal Control shall
post a warning notice in a conspicuous place such as the entry area to the property, door, or near
the animal. It shall state: Animal type; sex and color; time and date of posting; Animal
Control's phone number, and deadline for notifying Animal Control. Time shall begin to elapse
at the time Animal Control posts notice. Animal Control may provide food and water for said
animals.
I. Dogs in Common and Public Areas: No dog owner shall fail to prevent his or her
dog from running at large in the yard of any multiple occupancy building which is occupied by
other persons; or in the common areas of mobile home complexes, apartments, or condominium
developments; or in open space areas of subdivisions; or in public or county parks or
fairgrounds, unless permission is posted by county or public authorities allowing dogs at large
on said property.
J. Any animal obtained by Eagle County Animal Control through a request from a
governmental agency shall be deemed not under control and may be impounded and subject to
disposition as provided by Section 11. (Incarceration, custodial or tow impound)
Section 11. Impounding of Dogs
A. It shall be the duty of the County Animal Control Officer to apprehend any stray
dog or any dog running at large or not under control as defined in the provisions of Section 10
hereof, or not duly licensed or vaccinated as provided by the Eagle County Animal Control
Resolution; and upon receiving any dog, to make a complete registry entering breed, sex and
color of such dog, and whether licensed. If licensed, he shall enter the name and address of the
owner and the date and number of the dog tag.
B. When any dog has been impounded, Animal Control Personnel shall as soon as
feasible give notice in person, by letter sent to the owner's last known address, telephone, or
service of a Summons upon the owner, of the dog's impoundment and dispositional alternatives.
If the dog owner's identity or whereabouts are unknown at the time of impoundment, the Animal
Control Personnel shall take all reasonable steps to identify the owner and provide such
notification. If the dog owner's identity or whereabouts still cannot be established, the Animal
Control Officer may proceed with any disposition authorized by this Resolution. The Animal
Control Personnel shall maintain records of the time, dates and manner of any such notification,
and such records shall constitute prima facie evidence of notification or attempted notification.
The owner of said impounded dog may reclaim said dog upon payment of all costs and charges
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incurred by the County for impounding and maintenance of said dog. The charges and fees as
listed in Section 21 shall be paid to the County Animal Control Department for impounding any
dog or cat.
C. All impoundments will be kept on record for a period of twenty four (24) months
from the date of the first impoundment. After such time the record will start anew.
Section 12 Dangerous and Potentially Dangerous Doss
A. 1. Any dangerous dog (as described in Section 2 Paragraph J) that has been
found running at large may be impounded and the owner shall be subject
to a mandatory court appearance. If the dangerous dog injures a human
or other domestic animal more than once, Animal Control has the
authority to impound the dog at the owner's expense, until the owner
appears on a mandatory court appearance. (Protective Custody) The court
may order the dog to be destroyed.
2. It shall be unlawful for any owner of a dangerous dog as defined is
Section 2(J) to keep the same unless confined in a locked enclosure, as
indicated in Section 2(AA), so as not to interfere with the public
thoroughfares including sidewalks, bike paths, or public easements. The
enclosure must be sufficiently constructed to contain said dog and must be
posted at each entrance and /or exit of the enclosure "Beware of Dog," or
similar advisement.
B. 1. Any potentially dangerous dog (as described in Section 2 Paragraph Y)
that has caused no human injury or domestic animal injury, and has been
found running at large shall be impounded and the owner shall be fined
fifty dollars ($50) for the first offense, and one hundred fifty dollars
($150) for the second offense. The third offense will result in a mandato-
ry court appearance of the dog's owner.
2. It shall be unlawful to allow any potentially dangerous dog to run at large,
and it is the responsibility of the dog owner, family members, and /or any
agent of the family to keep such a dog confined as stipulated in Section
2(Y) at all times.
C. It shall be the duty of the County Sheriff, any Deputy Sheriff, any County Animal
Control Officer, or Deputy Animal Control Officer, to impound any such animal that is in
violation of this section, which shall constitute a separate offense in addition to a violation of
Section 10. A violation of this section, paragraphs A(1) and A(2), shall require a mandatory
court appearance.
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D. Any dog that has been previously deemed dangerous by appropriate notification
and while in violation of this section is found to have caused bodily injury to a person or animal,
or threatened or endangered wildlife and /or livestock, and repeats such incident or commits
another violation of this Resolution, shall automatically constitute a directive for impoundment
and protective custody and a petition for a court order for the destruction of said dog under the
supervision of the Animal Control Officer shall be filed immediately.
E. It shall be the duty of any County Animal Control Officer,Deputy Animal Control
Officer, Sheriff or Sheriff's Deputy to seize and impound any Dangerous or Potentially
Dangerous Dog. After making every reasonable attempt to seize and impound said such animal,
including the solicitation of assistance from the owner if said owner is known and available, if
the officer determines that said animal cannot be seized without exposing the officer(s) or other
persons to danger or personal injury, it shall be lawful for the officer to destroy said animal
without notice to the animal's owner, keeper or possessor.
Section 13. Ouarantine of Doas and Cats
A. A dog or cat that does not have a current rabies vaccination and is known to have
bitten, or injured any person so as to cause a puncture or abrasion of the skin, shall be quaran-
tined for no less than ten (10) days, from the date of the bite, at the expense of the owner. The
place of confinement of said animal shall be the County Animal Shelter, or a licensed
veterinarian hospital, at the expense of the owner.
B. A dog or cat that is currently vaccinated and is known to have bitten, or injured
any person so as to cause a puncture or abrasion of the skin, shall be quarantined for no less than
ten (10) days from the date of bite, at the expense of the owner. The place of confinement shall
be the County Animal Shelter, or a licensed veterinarian hospital, or if the owner has an
enclosure on the owner's property that would adequately contain the animal at all times of the
required quarantine period, the Animal Control Officer, at his /her discretion may place said
animal under quarantine on the owner's property providing that the owner keeps said animal
confined without exposure to any other animals and the Animal Control Officer shall from time
to time check the animal's health and behavior; and if at any time the owner of said animal does
not comply with the provisions of the confinement of said animal, the Animal Control Officer
shall move the animal to the County Animal Shelter for the remainder of the quarantine period,
at the owner's expense.
C. If at any time during the quarantine of a vaccinated or an unvaccinated animal,
said animal becomes ill or displays symptoms of rabies, said animal shall immediately be
examined by a licensed veterinarian and may be destroyed and a medical test conducted to
determine if the animal was rabid, having thus exposed the bite victim to rabies. If said animal
dies while under quarantine, a medical test shall be conducted to determine whether the subject
animal was suffering from rabies at the time of death. All tests are conducted at the expense of
the animal's owner.
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D. If the owner of an animal referred to in the preceding subsection cannot be
determined or located, then the County Animal Control Officer shall confine said animal at the
County Animal Control Shelter for a quarantine period of not less than ten (10) days from the
date of bite. If owner of said animal is not determined or located, or the if the animal is
unclaimed by the end of the quarantine period, the County Animal Control Supervisor may order
said animal destroyed. If said animal is suspected by a licensed veterinarian to be suffering from
rabies, said animal shall immediately be destroyed.
Section 14. Disposition of Unclaimed Diseased. or Dead Anima
A. With respect to an animal which has been impounded or quarantined pursuant to
the provisions of Section 11 or Section 13 hereof and has not been claimed, released, or disposed
of in accordance with said sections, the County Animal Control Officer shall keep dogs in the
County Animal Shelter or other suitable place for not less than five (5) days, and cats for not
less than seventy -two (72) hours, after which said officer may have said animal destroyed, except
as hereinafter provided.
B. After required time period, in lieu of having said animals destroyed, the County
Animal Control Department may release any such animal, if unclaimed and not diseased, to a
bona fide humane society; or with respect to a stray animal, to a person having no previous
interest in said animal in accordance with the provisions of this Resolution. Upon release of said
animal, recipient shall pay a total of $51 for dogs and $41 for cats, for all or any of the
necessary Animal Control requirements: adoption fee, rabies inoculations, County Tags or steril-
ization of animal.
All animals adopted from the Eagle County Animal Shelter are required to be
sterilized at the time of adoption. Transfer of absolute ownership of the dog or cat shall not be
effected until sterilization has occurred, UNLESS such surgery would be dangerous to the animal
due to its age or physical condition, as determined by the selected veterinarian of record, in
said circumstance the terms of the adoption contract shall specify a date by which sterilization
shall be performed. Nothing hereinabove would place responsibility or liability for subject
animal's actions upon the County for any incident arising during that period of delay in transfer
of absolute ownership. Failure of the person adopting a dog or cat to sterilize it shall be a
violation of this Resolution.
C. An impounded animal which is sick, injured, in pain, or contagious to other
animals, and which is not identifiable to an owner, is not subject to a minimal impoundment
period and may immediately be euthanized. If a sick or injured animal which is in pain or
contagious to other animals is identifiable to an owner, the Animal Control Officer shall
diligently attempt to contact the owner within twenty -four (24) hours after impoundment, after
which time the animal may be euthanized if still unclaimed.
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D. No animals that become property of Eagle County shall be released for animal
research and /or experimentation.
E. When recovering or disposing of dead animals, Eagle County Animal Control shall
take whatever reasonable and appropriate action is required to protect the health, safety and
welfare of the community, including, but not limited to disposal of the dead animal without
unnecessary delay. If the dead animal has a current license tag intact, the animal control officer
recovering the dead animal shall make reasonable efforts to notify the owner before disposing
of the animal. Reasonable fees for time and expenses may be charged to an owner of such
deceased animal.
F. Nothing in this Section 14 shall be construed to prevent an Animal Control
Officer from taking whatever action is reasonably necessary to protect his person or members
of the public from injury by any animal.
Section 15 Ouarantine and Destruction of Rabid Domestic Animals
Animals known to have been bitten by or exposed to a rabid animal shall be:
A. Where, in the reasonable discretion of the County Animal Control Officer, the
County Sheriff or a Deputy Sheriff, said animal suspected of rabies is endangering the life or
person of another, or inflicting death or injury to livestock or wildlife, said animal may be
immediately destroyed.
B. When bitten by a rabid animal or exposed to a rabid animal, an unvaccinated dog
or cat shall be destroyed immediately, unless the owner objects, in which case the animal shall
be placed in strict isolation for a period of six months and vaccinated for rabies one month before
being released from isolation. The isolation shall be supervised by a veterinarian licensed in the
State of Colorado. All expenses of said quarantine are to be borne entirely by animal's owner.
It shall be unlawful for any dog or cat owner to fail to have any unvaccinated dog
or cat, bitten by a rabid animal, so destroyed or quarantined. Each day said owner fails to
comply with the provisions of this section shall constitute a separate offense.
C. In any case where a rabid animal bites a dog or cat with a current rabies
vaccination, the owner of the dog or cat shall obtain the immediate revaccination of said dog or
cat by a licensed veterinarian and shall see that said animal is confined for a period of 90 days.
It shall be unlawful to fail to have a dog or cat, bitten by a rabid animal,
revaccinated or to fail to confine said dog or cat for 90 days. Each day said owner fails to
comply with the provisions of this section shall constitute a separate offense.
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Section 16. Affirmative Defense
An affirmative defense to the violation of Dangerous Dog or Potentially Dangerous Dog
attacking shall be:
A. That, at the time of said attack by subject dog which causes injury or death of a
domestic animal, such domestic animal was at large, was an estray, and entered upon the
property of the owner of subject dog where referenced attack began, but did not necessarily end,
upon subject dog owner's property;
B. That, at the time of said attack by subject dog which causes injury or death of a
domestic animal, said domestic animal was biting or otherwise attacking subject dog or its owner
or responsible companion and subject dog was otherwise conforming to the requirements of law
as pertains to CONTROL;
C. If a dog is provoked into biting, or inflicting bodily injury or damage to the person
or property of anyone other than the owner, such provocation shall constitute an affirmative
defense that may be pled by an owner who is in violation of this Resolution on account of said
biting.
D. Any other conditions or defenses as outlined in Section 18- 9- 204.5(3)(h) C.R.S.
known as "The Dangerous Dog Law ".
Section 17. Interference with Animal Control Officer
It shall be unlawful for any person to interfere with, molest, hinder, prevent or obstruct
an Animal Control Officer, knowing he or she to be an Animal Control Officer, discharging
his /her duties under this Resolution. Anyone so interfering, molesting or hindering shall be
subject to arrest for obstruction of a peace officer in the performance of official duties pursuant
Section 18 -3 -20 et seq. C.R.S.
Section 18. Threatening of Wildlife and Livestock
It shall be unlawful to allow a dog to run after, chase, pursue, bite, snap at, worry, attack
or otherwise threaten wildlife and /or livestock. In the event any dog is found to be threatening
wildlife and /or livestock as described, said dog may immediately be destroyed at the discretion
of the County Sheriff, any County Deputy Sheriff, any County Animal Control Officer, or
Deputy Animal Control Officer. In the event said dog cannot be immediately destroyed, it shall
be the duty of the County Sheriff, any County Deputy Sheriff, any County Animal Control
Officer or Deputy Animal Control Officer to impound such dog. A violation of this section,
whether or not said dog has been destroyed or claimed from impound, shall constitute a
mandatory court appearance of the owner; and if convicted of a violation of this section, owner
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will be required to pay restitution for any animal or animals harmed by said dog in addition to
court fines and court costs. If dog was not destroyed at the time of incident, court may order
dog destroyed under the supervision of the Animal Control Officer. If dog is not ordered
destroyed, court will deem said dog dangerous, and owner may be permitted to keep dog as
provided in Section 12, entitled "Dangerous Dog Confined."
Upon a second conviction of a violation of this section, the court shall automatically enter
a court order commanding the destruction of said dog under the supervision of the Animal
Control Officer.
Section 19. Dog Bite
In the event any dog is found to have caused bodily injury to any human, said dog will
be impounded as described in Section 11 and the owner will be in violation of this Resolution.
Said dog can be destroyed under the direction of the County Animal Control Supervisor and an
appropriate rabies examination shall be performed at the dog owner's expense.
Section 20. Penalties
A. Any violation of any provisions of this Resolution which does not result in bodily
injury to any person shall be a Class 2 petty offense, and upon conviction thereof shall be
punished for such offense by imprisonment for not more than ninety (90) days or by a fine of
not more than three hundred dollars ($300), or by both such imprisonment and fine, plus the
customary court costs as applicable.
The following fines (penalty assessment), except those stated in Section 21, shall
apply to any such violation and shall be applied either through the penalty assessment procedure
of § 16 -2 -201, C.R.S., or by the court after conviction, in which case the court shall also assess
the appropriate court costs:
First Offense: $ 30.00
2. Second Offense: $100.00
Third Offense: $150.00
4. Fourth Offense and any subsequent conviction:
The court may impose a fine not less than $200 up to $300 maximum, or
imprisonment in the County Jail for not more than 90 days, or by both
such fine and imprisonment, for each separate offense.
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B. The penalty assessment shall not be used for violations of Sections 12, 14, 18 and
28 of this Resolution; and a mandatory court appearance shall be required in the Eagle County
Court.
C. For purposes of determining the proper fine (penalty assessment) for violations
of this Resolution which do not result in bodily injury to any person, only those convictions
(admissions of guilt) occurring within twelve (12) months of the date of the offense for which
the fine (penalty assessment) is now being imposed shall be considered. This twelve (12) month
limitation shall not apply as to what evidence may be introduced in aggravation of any sentencing
for any violation of this Resolution which does result in bodily injury to any person nor shall any
time limitation apply to provisions of Sections 18 or 22 of this Resolution.
D. When a person is charged with a violation of this Resolution which does not result
in bodily injury, except violations of Sections 12, 14, 18 and 28, and that person has three or
less previous convictions of violations of this Resolution, the arresting officer may either give
the person a penalty assessment notice as provided for by § 16 -2 -201 C.R.S., and release him
upon its terms, or take him before a judge of the Eagle County Court. The choice of procedures
shall be based upon circumstances which reasonably persuade the officer that the alleged offender
is likely or unlikely to comply with the terms of the penalty assessment notice. Such
circumstances may include the officer accompanying the offender to a post office or mailbox and
witnessing the deposit in the mail of the notice with payment of the fine attached.
E. The penalty assessment notice shall he a summons and complaint containing
identification of the alleged offender, specification of the offense and applicable fine, a
requirement that the alleged offender pay the fine or appear to answer the charge at a specified
time and place, and other matter reasonably adopted to effectuate the purposes of this section.
A duplicate copy shall be delivered to the clerk of the Eagle County Court by the officer or
agency designated by the Board of County Commissioners if a payment of the penalty assessment
notice has not been made within ten (10) days of the issuance of said notice.
F. If the person given a penalty assessment notice chooses to acknowledge his guilt,
he may pay the specified fine in person or by mail and within ten (10) days of issuance of the
notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that
specified in the notice for the offense of which he was found guilty, but customary court costs
may be assessed against him in addition to the fine.
G. Any violation of any provisions of this Resolution which results in bodily injury
to any person or animal caused by a dog shall be a Class 2 misdemeanor, and upon conviction
thereof shall be punished for such offense as provided in § 18 -1 -106 C.R.S, for each separate
offense.
H. Upon conviction, the Court may order restitution paid to the injured party or
owner of the animal or animals harmed by a dog.
Eve
}
I. Nothing herein shall be construed to prevent impoundment of any dog under
Section 11.
J. Any conviction of Section 29 is a Class 1 misdemeanor, and carries a minimum
penalty of six months imprisonment, a $500 fine or both, up to a maximum penalty of 24 months
imprisonment, a $5,000 fine or both.
Section 21 Animal Control Center Char2es and Fees and Court Fines
Charges and fees of seizure, impoundment, boarding, licensing, veterinarian care, and
adoption of an animal shall be cumulatively assessed to any animal owner according to the fee
schedules listed below. Payment of all applicable fees shall be a condition of release,
redemption, or adoption of any animal. These fees are for administrative expenses incurred in
impounding, boarding, adoption of, licensing, and disposal of animals as well as certain fines
for violation.
A. License Fees:
1. Original License:
Spayed or Neutered ......... $10.00
Intact animal ............. 20.00
(Purchased within the month of January less 50 %)
2. Lost or replacement .......................5.00
B. Impound Fees:
1. Dog ..... ..........................30.00
2. Cat ..... ..........................10.00
C. Boarding Fees:
1. Dog ...... ..........................15.00 /night
2. Cat . ............................... 6.00 /night
D. Quarantine Animals:
1. Dog ............................... 15.00 /night
2. Cat . ............................... 6.00 /night
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J
E. Adoption Fees•
1. Dog ..... ...........................5.00
2. Cat ..... ...........................5.00
F. Deposits:
1. Spay /neuter ............................ 25.00
2. Rabies Vaccination ........................ 11.00
G. Failure to Vaccinate and /or Wear a Current County Tae
1. First Offense ........................ 30.00
2. Second Offense ........................ 60.00
3. Third Offense ........................120.00
4. Subsequent Offenses .....................300.00 maximum
penalty and
mandatorycourt
appearance
H. Dangerous Dog At Large:
Any Offense ..... .........................300.00 maximum
penalty and
mandatory
court appearance
I. Failure to Redeem Comply or Pay Fines or Fees:
Each and every separate violation .... 150.00 and all
accumulated costs
J. Potentially Dangerous Dog At Laree:
1. First Offense ........................ 50.00
2. Second Offense .......................150.00
3. Third Offense ........................300.00 maximum
penalty and
mandatory
court appearance
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K. Barking Do¢:
Y
1. First Offense ....................... 25.00
2. Second Offense ....................... 75.00
3. Third Offense .......................150.00
4. Subsequent Offenses ....................300.00 maximum
penalty
L. Female Dog _in Estrus:
1.
First Offense .......................
50.00
2.
Second Offense .......................100.00
3.
Third Offense .......................200.00
4.
Subsequent Offenses ....................300.00
maximum
penalty
Section 22. Destruction of Dangerous Does
A. In addition to any other penalty, if it is found by the Court or a jury that any dog
complained of is a dangerous dog as defined in Section 2(J), the Court may, if it finds it is in
the best interest of the public, order the dog destroyed at the owner's expense. Such destruction
shall not occur prior to the completion of observation of the dog for rabies when necessary.
B. In the event the dog owner is twice convicted of an offense punishable as a Class
2 misdemeanor relating to the same dog, the Court shall order the dog destroyed and enjoin said
owner from owning or harboring any dog at any premise for a period of three (3) years.
C. Destruction is further permitted as authorized by Section 18 of this Resolution.
Section 23. Failure to Appear
If a person upon whom a summons and complaint (penalty assessment notice) fails to
appear in person or by counsel at the time and place specified therein and has not paid the
specified fine in person or by mail at the place and within the time specified in the penalty
assessment notice, the Eagle County Court may issue a bench warrant for his arrest.
Section 24 Failure to Redeem Comply or Pay Fines or Fees
If a person "duly notified" fails to make arrangements for the redemption or surrender
of any animal under his /her care, custody or control, regardless of "ownership ", said person shall
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be charged with a violation of this section and brought before the court which shall at such time
assess the fine provided and recover all costs accumulated.
Any violation under this resolution that involves failure to comply, pay fines, meet
stipulations of contract, payment schedules, or as otherwise outlined will constitute a violation
under this section.
Section 25. Muzzling and Confinement
Whenever it becomes necessary to safeguard the public from the dangers of rabies, the
Board of County Commissioners, if it deems necessary, shall issue a proclamation ordering every
person owning or keeping a dog to confine it securely on his property or premises and such dog
shall have a muzzle of sufficient strength to prevent it from biting any person. Any dog running
at large during the time of proclamation shall be seized and impounded, and if noticeably
displaying dangerous propensities, shall be destroyed by the Animal Control Officer. Any dog
impounded during such proclamation shall be considered to have been exposed to a rabid animal,
and said impoundment and release shall fall under the provisions of Section 15, above.
Section 26 Liability for Accident or Subsequent Disease From Impoundment
The Board of County Commissioners, its employees or agents, or persons authorized
herein to enforce the provisions of this Resolution, shall not be held responsible for any accident
or subsequent disease which may be suffered by a dog as a result of the administration or
implementation of this Resolution.
Section 27. Public Nuisance
A. It shall be unlawful and declared to be a public nuisance for any dog or cat owner
or other responsible person to allow his dog or cat to excrete body waste upon public or private
property and when the responsible person does not promptly remove same.
B. It shall be unlawful and declared to be a public nuisance for any dog owner to fail
to prevent his dog from disturbing the peace of any other person or neighborhood by loud,
habitual, untimely and persistent barking, howling, yelping or whining, whether the dog is on
or off the dog owner's premises. It shall be the duty of the County Animal Control Officer and
his /her deputies to impound said dog if the Officer is unable to contact the owner, and
determines that the barking is disturbing the peace of the neighbors, and said officer has a signed
complaint.
C. 1. Provocation Defense: Provocation of a dog whose noise is complained of is
an affirmative defense to any charge for violation of Section 27.
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2. Warning Required: No person shall be charged with a violation of Section
27 unless written warning as provided part C of this section has been given at least seven days
but not more than thirty -seven days preceding the charge.
as follows:
3. Warning Process: The warning process to be employed shall be substantially
a. The warning must relate to a barking incident separate from the charged
violation.
b. The Animal Control Officer may issue a warning after receiving a
complaint and investigating the complaint in the field and determining a
nuisance does exist. (Consensus Survey)
c. All complainants must clearly identify themselves by stating their
name, address and telephone number. The complainant shall further state,
if known, the name of the dog's owner, the owner's address and telephone
number, a description of the dog, description of the offense, and the date,
time, place and duration of the offense.
d. A record or incident report shall be kept of any such complaint and
investigation.
e. A warning to a dog owner shall cite Section 27 and advise the owner
of penalty for violation of Section 27. The warning shall also state that
a complaint has been received, recite the date of the alleged offense, and
conclude that the owner's dog may have disturbed the peace of another
individual. The warning must be identified as being issued by an Animal
Control Officer.
D. Complainant Rights and Responsibilities:
If a violation of this Section is charged, the complainant(s) shall verify in
writing the allegations of the complaint prior to its service upon the owner.
2. No person or owner shall be convicted at trial for violation of this Section
unless testimony is presented by at least two complaining witnesses or by
one complaining witness and the Animal Control Officer if evidence so
merits.
Section 28. Notice and Evidence of Warnines:
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
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owner's premises, or placed in the U.S. Mail, postage prepaid and addressed to the owner of the
dog according to the last address given by the owner to obtain a certificate of license or license
tag or to such other address as may be on file for the owner with a government agency.
Section 29 Unlawful Taking or Release
A. It shall be unlawful for any person to take any dog from an enclosed lot, vehicle,
premises or other building and deliver the dog to the impoundment facility unless authorized to
do so by the owner or the keeper of the dog or as authorized by this Resolution.
B. It shall be unlawful for any person to open or cause to be opened any closed lot,
vehicle, premises or building or release from a chain any dog for the purpose of allowing said
dog to run at large.
C. It shall be unlawful for any person to remove any animal from the County Animal
Control Shelter, any County vehicle, or from the custody of the Animal Control Officer or
his /her deputies without the consent of the Animal Control Officer. Such action will be
considered as an obstruction and charged accordingly.
Section 30 Abandonment Cruelty to Dogs or Neglected Dogs
No person shall physically or cruelly mistreat or neglect to provide proper amounts of
food and water, or neglect to provide proper shelter to any animal. Any violation of this section
will result in a mandatory court appearance of the owner.
Section 31. Enforcement
The provisions of this Resolution shall be enforced by the County Sheriff and /or the
County Animal Control Officer, or their respective deputies. The provisions of this Resolution
may be enforced by any peace officer.
Section 32. Hot Pursuit
The County Animal Control Officer or his /her deputies or any peace officer in hot pursuit
of any dog in apparent violation of this Resolution may enter onto private property for the
purposes of enforcing this Resolution, including the impoundment of the dog, removal of the
dog, ascertaining the identity of the dog, the currency or existence of County Dog Tags, or
issuing a citation.
This section does not grant any Animal Control Officer or any peace officer any
additional authority to enter into any dwelling or other building designed for human occupancy
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other than that authority which may now exist under Colorado law. Any warrant requirements
for entry into any dwelling or other building designed for human occupancy shall be observed.
Section 33 Animal Control Officers
A. There is hereby created the position of Eagle County Animal Control Officer who
shall be employed by the County and appointed as such by the Board of County Commissioners,
acting directly or through the County's Chief Administrative Officer, at such compensation and
such qualifications as from time to time shall be fixed by order of the Board.
B. Pursuant to § 30 -15 -105, C.R.S., personnel engaged in dog control, however titled
or administratively assigned, may issue citations or summonses and complaints enforcing this
Resolution. Personnel so engaged shall be included in the definition of "Peace Officer or
Fireman" in § 18 -3 -201 (2), C.R.S., and, to the extent such personnel are empowered to do so
by the laws governing the state bureau of animal protection, are hereby authorized to carry out
the enforcement of the laws for the prevention of cruelty to animals pursuant to § 35 -42 -101,
C.R.S., et =.
Nothing in this provision is intended to vest authority in any person so engaged
to enforce any resolution or statute other than the County Animal Control Resolution.
Section 34 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.
Section 35 Existing Dog License Will Remain in Effect Until Expiration Date
The enactment of this Resolution, regardless of its repeal of the Eagle County Dog
Control Resolutions of 1985 and 1990, shall not in any way effect the validity of any unexpired
dog license heretofore issued by the County, and any such license then in effect will continue
to have validity until the regular expiration date thereof.
Section 36. Captions
The captions and paragraph headings used throughout this Resolution are for the
convenience of reference only, and the words contained therein shall in no way be held or
deemed to define, limit, describe, explain, modify, amplify or add to the interpretation,
construction or meaning of any provision to or the scope of this Resolution.
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Section 37. Severability
If any provisions of this Resolution or the application thereof to any party or circumstance
shall to any extent be invalid or unenforceable, the remainder of this Resolution, or the
application of such provision to parties or circumstances other than those to which it is invalid
or unenforceable, shall not be affected thereby, and each provision of this Resolution shall be
valid and be enforced to the fullest extent permitted by law.
Section 38. Effective Date
That all provisions of this Resolution shall be effective on January 1 1992.
Section 39. Reveal
That upon the effective date of this Resolution, the Eagle County Dog Control Resolution
of 1990 (and the Eagle County Dog Control Resolution of 1985, as amended) 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 effec-
tive date of this Resolution.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the � day of December,
1991.
Uounty Comnussioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: #ekS -eA17-
George A. Gates, Chairman
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Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Donald H. Welch
Commissioner George A. Gates
Commissioner Richard L. Gustafson
This Resolution passed by
the County of Eagle, State of Colorado.
#85 -83
vote of the Board of County Commissioners of
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