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HomeMy WebLinkAboutR1973-12 Eagle County Dog Control Resolution of 1973 • z R E S O L U T I O N THE BOARD OF COUNTY COMMISSIONERS • EAGLE COUNTY, COLORADO WHEREAS increasing numbers of dogs are creating a nuisance, hazards to wildlife and are, when uncontrolled, a detriment to the public health, welfare and safety, and WHEREAS the health, welfare and safety of the citizens and residents of Eagle County and the public at large would be promoted and improved by a measure to control dogs NOW THEREFORE BE IT RESOLVED that the following Resolution, to be known and cited as the Eagle county Dog Control Resolution of 1973 be adopted: 1. DEFINITIONS . For the purposes of the Resolution, the following definitions • shall apply : DOG. The word "dog" shall refer to any animal of the canine species, regardless of sex. DOG CONTROL OFFICER. Any officer employee or agent appointed by the Board of County Commissioners to enforce the provisions of this Resolution under the provisions of Section 12 hereof. DOG, STRAY. The term"dog, stray" shall mean any unlicensed or licensed dog found unattached or loose anywhere within the County of Eagle. OWNER. The word "owner" shall refer to any person or persons owning, keeping or harboring a dog. KENNEL. The word "kennel" shall mean any licensed operation which normally and regularly keeps and maintains eight (8) or more 2 . LICENSE AND REGISTRATION REQUIRED: APPLICATION. (a) No dog over the age of six (6) months shall be kept, harbored, or maintained within the County of Eagle, Colorado, • unless the owner, keeper or person in charge of such animal shall before the first day of March of each and every year pay Eagle County Treasurer or his designated agent for collection (as may from time to time be determined by the Board of County Commissioners of Eagle County, Colorado) , to be deposited in the General Fund of Eagle County, Colorado, a license tax of three dollars and fifty cents ($3. 50) for each and every dog owned, kept or harbored. The owner, keeper or person in charge of any dog over the age of six (6) months brought into the County of Eagle after the first day of March of any year shall procure a license within ten (10) days as herein provided. (b) The owner shall state at the time application is made for such license and upon printed forms provided for such purpose , • his name and the dog' s name, owner ' s address, breed, color, sex, age , distinctive markings, if any, and any alterations of the reproductive tracts of each dog to be license. (c) The provisions of this Resolution shall not be intended to apply to dogs whose owners are nonresidents temporarily within the County for less than 32 days , nor dogs brought into the County for the purpose of participating in any dog show, field trial or race , nor to "seeing eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place . For purposes of this resolution a person shall be deemed a resident, if he remains in Eagle County for a period of thirty-two (32) days. 3. TAG AND COLLAR. a s The receipt shall contain the number of the license as shown on the tag . Said receipt shall be retained by the owner for inspection as may be reasonably required by the Eagle County Dog Control Officer 411 or his authorized agents . Every owner shall be required to provide each dog owned by him with a durable collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn except when such dog is securely coz.fined within any enclosure on the property of the owner, possessor or keeper of such animal. In case a dog licensing tag is lost, destroyed or mutilated, a duplicate will be issued by the Eagle County Dog Control Officer or his authorized agent, upon presentation of the receipt showing the payment of the license fee for the current year and upon payment of a fee of fifty cents ($. 50) for each duplicate. Except as permitted by Paragraph 18 of this Resolution, dog tags shall not be transferable from one dog to another and no refunds shall be . made on any dog license fee because of death of the dog or the owner' s leaving the County before the expiration of the licensing period. 4. DOG RUNNING A,T LARGE. (a) It shall be unlawful for any owner, possessor, or any person who keeps any dog to permit that animal to run at large within the unincorporated County of Eagle, State of Colorado, unless said dog is within or under the positive control of the owner, possessor, or keeper thereof. For the purpose of this Paragraph a dog shall be deemed under positive control when said dog is accompanied by its owner, possessor , keeper or his agent or servant or a member of his immediate family and within sight and hearing distance of said person. A dog shall be deemed not under positive control when said restricting entry by other dogs; or a dog tethered by a leash, chain or cord which blocks a public thoroughfare. Any dog not under positive control shall be deemed running at large. 111 (b) In addition to the foregoing, a dog shall be deemed running at large when off or away from the premises of the owner, possessor or keeper thereof, in any part of Eagle County on any public road or right-of-way, and in any place or places in the portions of Eagle County where the public gathers or congregates , i.e. , public parks , recreational areas , business establishments , schools and special public events, but not limited thereto, and not under direct control of the owner, possessor or keeper or his agent or servant or a member of his family either by leash, cord or chain no longer than ten ( 10) feet in length and of sufficient strength to completely restrain the dog, or within a vehicle or other confinement. 5. ANNUAL VACCINATION. It shall be the duty of every person who owns or harbors any dog • or dogs in the County of Eagle , State of Colorado, to have such dog or dogs annually vaccinated against rabies by a person legally authorized to do so. 6 . DUTY OF PERSON VACCINATING. It shall be the duty of each person legally authorized to perform rabies vaccinations on dogs when vaccinating any dog against rabies to fill out a triplicate certificate with the information required by law and immediately present the one triplicate copy to the owner or harborer of the dog so vaccinated, and to mail one triplicate copy to the office of the Dog Control Officer, or his designated agent, within five (5) days from the date of the vaccination against rabies . The remaining triplicate copy of the certificate shall be retained by the person performing the vaccination aaainat rapine 4. (c) No dog shall be deemed to be running at large when • at the direction of its owner, keeper, possessor or harborer it is engaged in agricultural activity, or at such direction it is engaged in and being used by its owner, harborer, possessor or keeper for lawful , hunting purposes. i Page 4 (a) securely confined within an enclosure on the property of the owner or harborer or keeper of such animal. The copy of the certificate issued upon vaccination shall be retained by the owner or harborer for such . inspection as may be reasonably required by the Eagle County Dog Control Officer or his authorized agents . 8. REGISTRATION_ AND PERIOD OF VALIDITY OF CERTIFICATION AND TAG The Eagle County Dog Control Officer shall file and register copies of such triplicate certificates received as provided in Paragraph 6 hereof, and retain and file the same as the official registry of all dogs vaccinated with anti-rabid vaccine for the County. 9., UNLAWFUL POSAELSION OF TAGS AND CERTIFICATES . Only those persons who own or harbor a dog duly vaccinated in accordance with the provisions of this division shall be permitted to possess the certificates and tags provided for in this division. No person may affix a tag evidencing vaccination to the collar or harness of any dog except the tag issued for that dog at the time of vaccination. • 10. PROCEDURE WHEN DOG IS EXPOSED TO OR CONTRACTS RABIES (a) If any dog within the County of Eagle is believed to have been exposed to any animal suspected of having rabies, the Eagle County Dog Control Officer or his authorized agent may order such dog strictly confined and subject to veterinary observation for a period of six (6) months, in accordance with such orders and rules as he shall direct. (b) Every owner, keeper or possessor or other person who has a ascertained or suspects that/dog is rabid shall immediately notify the Eagle County Dog Control Officer or an Eagle County Sheriff' s Officer who shall either remove the dog to a place of strict and secure confinement or summarily destroy it. (c) Any dog not currently vaccinated against rabies , that has been exposed to an animal known to have rabies may be summarily 411 12. DOG CONTROL OPPICER. The Office of Eagle County Dog Control Officer is hereby created, and the Dog Control Officer, and his assistants, deputies and authorized employees and agents shall be appointed by the Board of County • Commissioners at such compensation as may from time to time be fixed by order of that Board. 13. IMPOUNDMENT - Generally. It shall be the duty of the Eagle County Dog Control Officer, his assistants, deputies, and authorized employees and agents: and the Eagle County Sheriff and his deputies to apprehend any dog found running at large contrary to the provisions of Paragraph 4 of this Resolution, and to impound such dog in a suitable animal pound or pounds as may be approved by the County, within or without the County limits. The person in charge of such dog, shall make a complete registry of such dog upon a book by him kept for such purposes , entering the breed, color and sex of such dog, and whether license. If licensed, he shall enter 411 the name and address of the owner and the number of the licensing tag, Any dog, over the age of 6 months , that is impounded for which satisfactory evidence of current rabies vaccination is not shown may be vaccinated against rabies upon the order of the Eagle County Dog Control Officer or his authorized agent, and costs thereof added to the impoundment charges against such animal and assessed against the owner, harborer or keeper thereof. 14. NOTICE TO OWNERS REDEMPTION, (a) When a dog is impounded, as provided in Paragraph 13 of this Resolution, it shall be the duty of the poundmaster or Eagle County Dog Control Officer to make reasonable efforts to notify the owner, possessor , or person who harbors or keeps the same, if known, and if not known to post at the Eagle County Courthouse and at the pound, a 411 a • vaccinated against rabies in accordance with this Resolution. (b) In addition to the foregoing, there shall be imposed a handling, administrative and processing fee on dogs • (I) $2 . 00 on first impoundment of unlicensed, unvaccinated or dog not under control, as required by this Resolution (II) $7 .00 on second impoundment of same dog within ninety (90) days (III) $12 .00 on third impoundment of same dog within ninety (90) days of the two preceeding impoundments. (IV) $17 . 00 on the fourth impoundment of same dog within ninety (90) days of the three preceeding impoundments. (c) All fees assessed, pursuant to this Paragraph of this Resolution, may be collected by the Eagle County Dog Control Officer or his authorized agents , or the Poundmaster, and shall be remitted to the Eagle County Treasurer. 15. DZSPOSXTION OF UNCLAIMED DOGS . 411 It shall be the duty of the poundmaster to keep all dogs impounded under the provisions of Paragraph 14 hereof for a period of eight (8) days after the owner, if known, has been notified or reasonable efforts of notification have been made as provided in this Resolution, or for a period of eight (8) days after the date of posting in the event that thw owner is unknown. If at the expiration of such time the dog shall not have been redeemed, it may be destroyed or otherwise disposed of, at the discretion of the poundmaster. However, such poundmaster shall not release the dog so impounded except on payment of the fees and charges as provided for in this Resolution, as well as the regular licensing fee and fee for vaccination against rabies , if any required. 16. CONFINEMENT OF CERTAIN DOGS. The poundmaster shall not release any fierce , dangerous or 4 ♦ Y 411 17. RELEASE UPON COMPLIANCE WITH PROVISIONS OF RESOLUTION. It is the duty of Eagle County to release any dog from the animal pound of the County upon receipt of satisfactory proof of ownership thereof, upon payment of any fee due the County, and upon presentation of proof of vaccination for rabies and proper registration of such dog in accordance with the provisions of this Resolution. 18. KENNEL LICENSE. Any person who shall keep or operate a kennel, may, in lieu of the individual license required under this article , make application to the Dog Control Officer for a Kennel License entitling the applicant to keep or operate a kennel. Such kennel license shall be issued by the Dog Control Officer upon a proper form and shall entitle the licensee to keep any number of dogs. The fee to be paid for each kennel license shall be Twenty-five dollars ($25. 00) . With such kennel license there shall be issued ten ( 10) metal plates or tags, such tags to be the same as those provided in Paragraph 3 of this SResolution. The provisions of this Section shall not prohibit the taking of dogs having a kennel license outside the limits of the kennel temporarily and on lease , nor shall they prohibit the trans- porting and conveyances of dogs temporarily for the purpose of breeding , trial or show. Additional tags shall be issued to a kennel licensee upon payment of a fee of fifty cents ($ . 50) for each additional tag. 19. VIOLATIONS . Any person convicted of violating any provision of this Resolution, shall be guilty of a misdemeanor, pursuant to 36-12-5 CRS 1963 , and shall be fined not more than $100 . 00 or imprisoned in the Eagle County Jail for not more than thirty (30) days for each offense. 20, APPLICABILITY ► f • • 21. EFFECTIVE DATE This Resolution shall become effective February 28, 1974. • ADOPTED this 27th day of December , 1973 . EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS • • ta,16.0:4A Chairman Pfi cf1112, A,Nrs, Member c727 a>.4,CCO‘tot-r9. MemIr ,rr6 fi+.. `'i • -to the Board o � .C.464flty Commissioners Y a3a