Loading...
R85-65 control and licensing of dogsCommissioner Wp-(C A moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85-(OS A RESOLUTION FOR THE CONTROL AND LICENSING OF DOGS WHEREAS, Section 30 -15 -101 et seq. C.R.S., authorizes the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board ", to adopt a resolution providing for control and licensing of dogs in the unincorporated areas of Eagle County, Colorado; and has previously adopted such regulations by Resolution now adopted November 5, 1979. WHEREAS, the Board finds that dogs running at large within the unincorporated territory constitutes 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 1979 ", as amended does not adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and WHEREAS, the Board has determined that the regulations previously adopted should be expanded, modified and clarified, and that the regulations adopted hereby will serve that purpose and promulgate and protect public health, welfare, property, peace and safety; and WHEREAS, this Resolution is intended to repeal and replace the "Eagle County Dog Control Resolution of 1979" and any and all amendments thereto. 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: Section 1. Title. This resolution shall be known as the "Eagle County Dog Control Resolution of 1985 ". Section 2. Definition. For the purpose of this resolution, the following definitions shall apply: A. "Bite" - means to be seized with the teeth or jaws so that a person or animal has been nipped, gripped, wounded or the skin pierced. B. "Board" - is the Board of County Commissioners of the County of Eagle, State of Colorado. C. "Control" - means physical control of 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 purpose. D. "Conviction" - means a finding of guilty by a court or acknowledgement of guilt by payment of fine pursuant to the penalty assessment procedure. E. "County" - is the County of Eagle, State of Colorado. F. "Dog" - shall refer to any animal of the canine species, regardless of sex. G. "Dog Male" - means a dog of the male gender,either castrated or not castrated. -2- H. "Dog Female" - means a dog of the female gender on which no alternative surgery (e.g. ovariectomy or ovariehysterectomy) has been performed. I. "Dog Spayed Female" - is a female dog on which an ovarectomy or ovariohysterectomy has been performed by a licensed veterinarian. J. "Dog, Stray" - shall mean any licensed or unlicensed dog found loose or unattached anywhere within the County of Eagle. K. "Dog Owner" - a person who owns, possess, controls, maintains, keeps, or harbors a dog or knowingly permits 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. L. "Kennel" - a person, entity or operation which is licensed or permitted by the State of Colorado and /or County and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other commercial or recreational purposes. M. "Rabies" - a communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as defined by the United States Department of Agriculture. N. "Vaccination, inoculation, or vaccination for rabies" - these terms shall mean the inoculation of a dog with a an anti - rabies vaccine approved by the Colorado State Department of Health for use in the prevention of rabies. O. "License Year" - January 1 through December 31. P. "Keeper" - shall mean any person who keeps or harbors a dog for less than seven (7) days. Q. "Bodily Injury" - bodily injury means any injury caused by dog bite whereby at a minimum the skin is broken, exterior bleeding occurs or emergency medical treatment by a licensed physician is reasonably necessary. R. "Running at Large" - running at large shall mean 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 a responsible member of the -3- '�3 t H. "Dog Female" - means a dog of the female gender on which no alternative surgery (e.g. ovariectomy or ovariehysterectomy) has been performed. I. "Dog Spayed Female" - is a female dog on which an ovarectomy or ovariohysterectomy has been performed by a licensed veterinarian. J. "Dog, Stray" - shall mean any licensed or unlicensed dog found loose or unattached anywhere within the County of Eagle. K. "Dog Owner" - a person who owns, possess, controls, maintains, keeps, or harbors a dog or knowingly permits 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. L. "Kennel" - a person, entity or operation which is licensed or permitted by the State of Colorado and /or County and which keeps and maintains dogs for sale, resale, boarding, breeding, show, hunting or other commercial or recreational purposes. M. "Rabies" - a communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as defined by the United States Department of Agriculture. N. "Vaccination, inoculation, or vaccination for rabies" - these terms shall mean the inoculation of a dog with a an anti - rabies vaccine approved by the Colorado State Department of Health for use in the prevention of rabies. O. "License Year" - January 1 through December 31. P. "Keeper" - shall mean any person who keeps or harbors a dog for less than seven (7) days. Q. "Bodily Injury" - bodily injury means any injury caused by dog bite whereby at a minimum the skin is broken, exterior bleeding occurs or emergency medical treatment by a licensed physician is reasonably necessary. R. "Running at Large" - running at large shall mean 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 a responsible member of the -3- owner's family or an employee or agent of the owner either by leash, cable, or chain not more than ten (10) feet in length. S. "Vicious Dog" - a vicious dog is hereby defined as: (i) a dog, that while off the dog owner's property, without provocation bites or attacks humans or other animals, or while off the dog owner's property, in a vicious or terrorizing manner approaches any person in apparent attitude of attack or a dog whose present or prior owners have been once convicted of a Class II misdemeanor relating to the same dog, or who has been found to be a vicious dog by any court or jury in any Class II misdemeanor action brought hereunder; or (ii) a dog whose owners have been once convicted of a violation of Section 19 of this Resolution relating to the same dog. T. "Harbor" or "keep" - to feed and care for any dog upon the premises or to permit any dog to be fed and cared for on the premises. The occupant of any premises to which a dog is kept or to which an dog customarily returns daily for food, shelter and /or care is presumed to be harboring a dog within the meaning of this Resolution and said person shall be subject to the applicable provisions of this Resolution. 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 annually 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 vaccination certificate issued by a graduate veterinarian licensed to practice veterinary medicine. Section 4. Issuance of Dog License and a 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 thereof and the license fee and inspection of the vaccination certificate. -4- Section 5. Duration and Requirements of Dog License and Dog Tag. A. A dog license shall be valid for one (1) year, January 1 through December 31, and it is not subject to renewal. Upon the expiration of a dog license a new license must be obtained for the succeeding year. B. A dog license will state the following information: 1. Name and address of the dog owner. 2. Breed, sex, age and description of the dog to be licensed. 3. Date of vaccination or inoculation against rabies according to the vaccination certificate. 4. Amount of license fee paid. 5. Date of issuance of license. 6. Number of license. C. A dog tag shall be issued to the dog owner with the 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. Upon payment of the license fee as provided herein, the official receiving said license fee, shall issue to the applicant a receipt for the payment received for each dog licensed. The receipt shall contain the number of the license as shown on the tag. Said receipt shall be retained by the respective owner for the inspection as may be reasonable required by any County Animal Control Officer or any Peace officer. In the event, a dog tag is lost, destroyed or mutilated, a replacement tag may be issued by the appropriate official, upon presentation of the receipt showing payment of the license fee for the current year and upon the additional payment of a fee in the amount of two dollars ($2.00) for the replacement tag. E. Dog tags shall not be transferable from one dog to another and no refunds shall be made for any dog license fee -5- because of the death of the licensed dog or due to the expiration of the license year. F. It shall be unlawful to possess and /or fix a license and respective tag to any other dog than that specific animal for which the respective license and tag have been issued for. Section 6. Fees for the Dog License and Dog Tag. The regular fee for both the license and the tag shall be two dollars ($2.00) for a male castrated or a spayed female and five dollars ($5.00) for a female or male dog not castrated. Section 7. Reaistration for Doa License: Reaistration for a doa ve twelve weeks. A. With the respect to a dog brought into the County subsequent to the regular registration period; within thirty (30) days after said entry of said dog, the owner shall obtain a license for said dog and the regular fee shall apply to said registration. 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. Section 8. Vaccination or Inoculation against Rabies. A. Annual 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. B. The dog owner will obtain from the veterinarian a vaccination certificate which states the type of vaccine with which the dog was inoculated and the date of inoculation. Section 9. Retention of Dog 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, and Deputy Sheriff, the County Animal Control Officer or any other peace officer in the connection with the enforcement of the Resolution. B. A dog owner who obtains a dog tag in conjunction with a dog license shall attach the tag to the collar or harness or the licensed dog and 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 animal. C. If for some reason a dog cannot wear a collar harness, the owner of said must have the dog tattooed with a tattoo approved by the Animal Control Department and that tattoo must be registered with the County Animal Control Department. Section 10. 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. Section 11. 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 tc prevent the dog from running at large, becoming a danger to persons or property, or trespassing on the property of another, except that the purpose of this Section 11 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. A dog shall be deemed not under control in instances which shall include, but not be limited to when: 1. Said dog inflicts injury or damage to the person or property of anyone other than the owner. 2. A female dog, during its period of estrus, is not securely confined on the premises of the dog owner. 3. A dog within the open portion of a vehicle -7- parked on public property which is creating a danger to persons and /or property in the immediate vicinity thereto. Section 12. Impounding of Doas. A. It shall be the duty of the County Animal Control Officer and his (her) deputies to apprehend any stray dog or any dog running at large or not under control contrary to the provisions of Section 11 hereof or not duly licensed or vaccinated as provided in Section 3 hereof and to impound such dog in the County Animal Shelter or other suitable place of determination by the County Animal Control Officer; and upon receiving any dog shall 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 an number of the dog tag. B. Not later than five days after the impounding of a dog the owner, if known, shall be given notice by the United States Certified Mail, Return Receipt Request, or by phone, form Animal Control Personal. If the owner of the dog is unknown or the dog is a stray dog, notice shall be posted at one or more or the County Offices for three days describing the dog and the place and time of taking. The owner of said dog so impounded may reclaim said dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the County for impounding and maintenance of said dog. The following charges shall be paid to the County Animal Control Department, for impounding any dog. Impoundment; thirty five dollars ($35.00); for keeping any dog, fifteen dollars ($15.00) per day; for giving notice, five dollars ($5.00); and said charges shall be in addition to any penalties imposed on the dog owner pursuant to Section 27 hereof. 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 13. Quarantine of Dogs. A. A dog 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 quarantined for no less than 10 days, at the expense of the dog owner. The place of confinement of said dog shall be the County y Animal Shelter, or a licensed veterinarian at the expense of the owner. B. A dog 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 10 days at the expense of the dog owner. The place of confinement shall be the County Animal Shelter, or a licensed veterinary hospital, or if the dog owner has an enclosure on the owner's private property that would adequately contain the dog at all times of the required quarantine period, the Animal Control Officer, at his (her) discretion may place said dog under quarantine on the owner's property providing that the owner keeps said dog confined without exposure to any other animals and the Animal Control Officer shall from time to time check the dog's health and behavior; and if at any time the owner of said dog does not comply with the provisions of the confinement of said dog, the Animal Control Officer shall move the dog to the County Animal Shelter for the remainder of the quarantine period. C. If at any time during the quarantine of a vaccinated or an unvaccinated dog, said dog becomes ill or displays symptoms of rabies, said dog shall immediately be examined by a licensed veterinarian and may be destroyed and a medical test conducted to determine if the dog was rabid, having thus exposed the bite victim to rabies. If said dog dies while under quarantine, a medical test shall be conducted to determine whether the dog was suffering from rabies at the time of death. All tests are conducted at the expense of the dog owner. D. If the owner of a dog referred to in the preceding subsection cannot be determined or located, then the County Animal Control Officer shall confine said dog at the County Animal Shelter for a quarantine period of not less than 10 days. If owner of said dog is not determined, or located, or the dog claimed by the end of the quarantine period, the County Animal Control Supervisor may order said dog destroyed. If said dog is diagnosed by a licensed veterinarian to be suffering from rabies, said dog shall immediately be destroyed. Section 14. Disposition of unclaimed or diseased dogs. A. With respect to a dog which has been impounded or quarantined pursuant to the provisions of Section 12 or Section 13 hereof and has not been claimed, released, or disposed of in accordance with said sections the County Animal Control Officer s shall keep said dog in the County Animal Shelter or other suitable place for not less than seven (7) days, after which said custodian may have said dog destroyed, except as hereinafter provided. B. Provided, however, that after said seven (7) days, in lieu of having said dog destroyed, the County Animal Control Department may release any such dog, if unclaimed and not diseased, to a bona fide humane society; or with respect to a stray dog, to a person having no previous interest in said dog in accordance with the provisions of this Resolution and, upon payment of and adoption fee of twenty -five dollars ($25.00). Upon payment of said adoption fee there shall be neither additional charge for the current years license nor any charge for daily boarding. Provided, however, at the time of adoption the sum of twelve dollars and fifty cents ($12.50) shall be deposited with the County Animal Control Department to guarantee the subject animal shall be spayed or neutered. If within six months from the time of adoption satisfactory written proof is presented to the County Animal Control Department that the subject animal has been spayed or neutered, then said deposit shall be returned to the respective person. Section 15. Quarantine and destruction of rabid dogs. Dogs 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 dog suspected of rabies is endangering the life or person of another, or inflicting death or injury to livestock or wildlife, said dog may be immediately destroyed. B. When bitten by a rabid animal or exposed to a rabid animal, an unvaccinated dog shall be destroyed immediately unless the owner objects in which case the dog 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 by dog's owner only. It shall be unlawful for any dog owner to fail to have any unvaccinated dog bitten by a rabid animal so destroyed or -10- I 7 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 with a current rabies vaccination, the owner of the dog shall obtain the immediate revaccination of the dog by a licensed veterinarian and shall see that the dog is confined for a period of 90 days. It shall be unlawful to fail to have a dog bitten by a rabid animal revaccinated or to fail to confine said dog for 90 days. Section 16. Vicious dogs confined. A. It shall be unlawful for any dog owner who keeps a vicious dog as defined in Section 2(S) to keep the same unless confined in a locked enclosure 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. It shall be unlawful to allow any vicious 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 the preceding subsection at all times. 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 and shall constitute a separate offense in addition to a violation of Section 11. Control. A violation of this section shall require a mandatory court appearance. C. In the event a dog that has been previously deemed vicious by a court of law, and while in violation of this section is found to have bitten any person, or threatened or endangered wildlife and /or livestock, upon conviction of this section, the court may order said dog destroyed under the supervision of the Animal Control Officer. A second conviction of a violation of this section involving personal injury or threatening or endangering wildlife and /or livestock shall automatically constitute a court order for the destruction of said dog under the supervision of the Animal Control Officer. -11- Section 17. Affirmative Defense. If a dog is provoked into biting, inflicting 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. Section 18. 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 him or her to be an Animal Control Officer, discharging his /her duties under this Resolution. Section 19. Threatening of Wildlife and Livestock. It shall be unlawful to permit and /or 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 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 County Deputy Animal Control Officer to impound any 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 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 vicious, and owner may be permitted to keep dog as provided in Section 16, entitled "Vicious Dog Confined." B. 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. -12- Section 20. Doa 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 13 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 21. Penalties. A. Any violation of any provisions of this Resolution which does not result in bodily injury to any person shall be a Class II 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 ($300.00) or by both such imprisonment and fine, plus the customary court costs as applicable. The following fines (penalty assessment) shall apply to any such violation and shall be applied either through the penalty assessment procedure of Section 16 -2 -201 C.R.S., or by the court after conviction in which case the court shall also assess the appropriate court costs. First Conviction------------ - - - - -$ 50.00 Second Conviction ---------------- $150.00 Third Conviction ----------------- $300.00 Except the penalty assessment shall not be used for violations of Sections 16 and 19 of this Resolution and a mandatory court appearance shall be required in county court. For the fourth and any subsequent conviction the court shall impose a minimum fine of $300.00 or imprisonment in the County Jail for not more than 90 days or by both such fine and imprisonment, for each separate offense. 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 twenty -four months of the date of the offense for which the fine (penalty assessment) is now being imposed shall be considered. This twenty -four month limitation -13- 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 Section 22 or Section 19(B) of this Resolution. When a person is arrested for a violation of this resolution which does not result in bodily injury, except violations of Section 16 and Section 19, and that person has three or less previous conviction of violations of this Resolution the arresting officer may either give the person a penalty assessment notice as provided for by Section 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. The penalty assessment notice shall be 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 adapted to effectuating 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. If the person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail at the place and within ten (10) days of issuance of the notice. If he chooses not to acknowledge his guilt, he shall appear as required in 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. B. Any violation of any provisions of this Resolution which results in bodily injury to any person caused by a dog shall be a Class II misdemeanor and upon conviction thereof shall -14- be punished for such offense as provided in Section 18 -1 -106 C.R.S. 1973, for each separate offense. C. Upon conviction the Court may order restitution paid to the injured party or owner of the animal or animals harmed by a dog. D. Nothing herein shall be construed to prevent impoundment of any dog under Section 12. Section 22. Destruction of Vicious Dogs. A. In addition to any other penalty, if it is found by the Court or a jury that any dog complained of is a vicious dog as defined in Section 2(s), the Court may, if it finds it is in the best interest of the public, order the dog destroyed. 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 II misdemeanor relating to the same dog, the Court shall order the dog destroyed. C. The court shall (may) order the dog destroyed as provided in Section 19 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. 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 unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any muzzled dog running at large during the time of proclamation shall be seized and impounded, and if noticeably infected with rabies and displaying vicious propensities shall be destroyed by -15- the Animal Control. Officer. A dog impounded during the first two days of such proclamation shall, if claimed within five days after being impounded, be released,to the owner, unless infected with rabies, upon payment of the charge provided for in Section 12; if unclaimed within five days, after said period such dog may be immediately destroyed. Section 25. Liabili it disease from Neither the Board of County Commissioners, its employees or agents, or persons authorized herein to enforce the provisions of this Resolution shall 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 26. Public Nuisance. 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 and persistent barking, howling, yelping or whining, whether the dog is on or off the dog owner's premises. Section 27. 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 dog 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. -16- t Section 28. Enforcement. The provisions of the 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 29. 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, 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 other than that authority which may now exist under Colorado law. And any warrant requirements for entry into any dwelling or other building designed for human occupancy shall be observed. Section 30. Animal Control Officers. A. There is created hereby 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 Section 30 -15 -105, C.R.S., 1973, as amended, 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 Section 18 -3 -201 (2), C.R.S., 1973, as amended. Nothing in this provision is intended to vest authority in any person so engaged to enforce any resolution or statute other than the County Dog Control Resolution. Section 31. Disposition of fines and forfeitures. All fines and forfeitures for violation of any -17- provisions of this Resolution and all moneys collected by the County for license shall be paid over to the County Treasurer immediately upon their receipt. Section 32. Existing dog license will remain in effect until The enactment of this Resolution, regardless of its repeal of the Eagle County Dog Control Resolution of 1979, 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 efficiency until the regular expiration date thereof. Section 33. Captions. The captions and paragraphs 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 or this Resolution. Section 34. 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 35. Effective Date. That all provisions of this Resolution shall be effective on December 31, 1985. Section 36. Repeal. That upon the effective date of this Resolution the Eagle County Dog Control Resolution of 1979 and any and all amendments thereto 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 f 3 provisions of this Resolution and all moneys collected by the County for license shall be paid over to the County Treasurer immediately upon their receipt. Section 32. Existing dog license will remain in effect until The enactment of this Resolution, regardless of its repeal of the Eagle County Dog Control Resolution of 1979, 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 efficiency until the regular expiration date thereof. Section 33. Captions. The captions and paragraphs 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 or this Resolution. Section 34. 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 35. Effective Date. That all provisions of this Resolution shall be effective on December 31, 1985. Section 36. Repeal. That upon the effective date of this Resolution the Eagle County Dog Control Resolution of 1979 and any and all amendments thereto 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 1 ~3. right established or accruing before the effective 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 A)ooe.,, be+-- , 1985. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS C erk of the Board of Davi E. Mott, Chairman ounty Commissioners cibseA`- Richard L. Gustafson, Commissioner -D-eztl Donald H. Welch, Commissioner Commissioner Ro`i-+ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott ck 2 Commissioner Richard L. Gustafson i Commissioner Donald H. Welch gym This Resolution passed by a —0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -19-