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HomeMy WebLinkAboutR1977-05 Control and Licensing of DogsM 0 ZiliE BOARD OF cou'Nax C•O2•;miss:I:O. C•OW IT OF EAGLE, ST!\'E'E3 OF' COLORADO A RESOLUTION IOR TE1E CUTERM AND LICENSING OF IXX;S �S MERFAS, the Board of County Commissioners, of the County of Eagle, Colorado, hereinafter referred to as the "Board ", finds that dogs running at large within the unincorporated territory of the County constitute a menace to the public property, health, welfare peace, and safety; and F %TJEREAS, the Board finds that the current County Log Control Resolution does not adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and T'ifE•REAS, the Board considers that the aforesaid menace to the public and :the inadequacy of the aforesaid Resolution create a situation which is injurious to the public and that adequate regulations, provisions, procedures, fees, and penalties are necessary for the protection of the public property, health, welfare, peace, and safety; NlYN, MER�ORE, BE IT RESOLVED BY rFHE BOARD OF CaNTY CO2,MSSIONEP,S OF THE COUNTY OF EAaE, COLORPM, HPL ip TtE FO=.,1J2:G RE SOLUL'ICN BE AND IS HEREBY ADOPTED: Section 1. Title. This resolution shall be ]moan as the "Eagle County Dog Control Resolution of 1977 ". Section 2. Definitions. For purposes of this resolution, the following definitions she.11 - -- apply: A. Dog: Any animal of the canine species, regardless of sex. B. Log, finale: A dog of the masculine gender, either castrated or not castrated. C. Dog, female: A dog of the female gender on which no surgery of the genital organs has been performed. D. Dog, spayed female: A female dog on which an ovarieetomy or ovarohysterectomy has been perfohh --d by a licensed veterinarian. E. Dog, stray: A dog which does not appear to have an a•mer or whose owner is unlmown and which is unlicensed or does not appear to be licensed, and /or found unattached or loose aiiycahere within the County of Fagle. P. Dog donor: A lr:-ron who owns, rx reuses, cr,ntrols, rrlintainc, keeps, or harbors a cog, or knowingly p rrr.iLs a dog to remain for seven consecutive days on or at out It shall be the duty of a dog owner 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 consecutive days and to have annually vaccinated. -o.r inoculated against rabies each dog for which said license is required; in order to be licensed, a dog Must first have been so vaccinated or inoculated as can be demonstrated by a vaccination certificate. Section n. Issuance of dog license and dog tag. The Eagle County Animal Control Officer or Deputy County ,lnimal____ Control Officer or Deputy County Clerk and Reorder shall issue a dog license and dog tag upon receipt of the executed application therefor and the license fee and inspection of the vaccination ce- tificate. — Section 5. Duration and requirements of dog license end dog tag. A. A dog license shall be valid for one year, January 1 through recember 31, and is not subject to renewal; upon the expiration of a dog license, a new license mist be obtained for the succo =ding year; provided, however, that in 1977 the license will be valid from the effective date of this resolution through rec>,-moer 31, 1977. B. A dog license will state the following information:' - 1. Narre and address of the dog owner. 2. Breed, sex, age, and description of the licensed dog. 3. Date of vaccination or inoculation against- rabies according to the vaccination certificate. A. Arrouunt of license fee paid. 5. Date of issuance of -License. G. Numbc�r. of L-h licx nse. -2-- property or premises o:,vncd, controlled, or occupied by him or her; a kernrol. is 110 a dog a:111"r- wi 111 in tile Purview of this definition. G. Kennel: A person, entity, or operation which is liccnsad or permitted by the State of Colorado and /or the County and which ke_p and maintains three or more dogs for sale, resale, boarding, breeding, shows, hunting, or other aomnercial or recreational purposes. H. Rabies: A communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as --. defined by the United States D;�partrznt of Agriculture. I. Vaccination, inoculation, or vaccination for rabies: These terr6 shall mean the inoculation of a don with a vaccine approved by the United States Department of Agriculture for use in the prevention of rabies. J. License Year: January 1 through D2cerber_ 31. Section 3. Annual licensing and vaccination required. It shall be the duty of a dog owner 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 consecutive days and to have annually vaccinated. -o.r inoculated against rabies each dog for which said license is required; in order to be licensed, a dog Must first have been so vaccinated or inoculated as can be demonstrated by a vaccination certificate. Section n. Issuance of dog license and dog tag. The Eagle County Animal Control Officer or Deputy County ,lnimal____ Control Officer or Deputy County Clerk and Reorder shall issue a dog license and dog tag upon receipt of the executed application therefor and the license fee and inspection of the vaccination ce- tificate. — Section 5. Duration and requirements of dog license end dog tag. A. A dog license shall be valid for one year, January 1 through recember 31, and is not subject to renewal; upon the expiration of a dog license, a new license mist be obtained for the succo =ding year; provided, however, that in 1977 the license will be valid from the effective date of this resolution through rec>,-moer 31, 1977. B. A dog license will state the following information:' - 1. Narre and address of the dog owner. 2. Breed, sex, age, and description of the licensed dog. 3. Date of vaccination or inoculation against- rabies according to the vaccination certificate. A. Arrouunt of license fee paid. 5. Date of issuance of -License. G. Numbc�r. of L-h licx nse. -2-- C. ='dcxr tag shall ]re issued to the 'dog e:mer with thc! dog lir.,,,nac and wi Il, h: r :j a !_cl 0c; n Pe L or the lAcense. The tart will be made of a dur�4hle nLilecial, shall be suitable to be aUacired 1n a dog collar or harness, and will sLaLe the dale of issurance and the nuray2r of the dog l:icensc. D. tiion payn<nt of, the licen!u_: fc ! as p,:ovidc!d heroin, lho official rcosiving said licens , fee, sPr<rll issue to the applicant a receipt For the payrent recci.ved for each cog licensed. the receipt shall contain the nt.=rber of the License as shorn on the tag. Said receipt shall be retained by the respective caner for inspection as may be reasonablly required by any County Log Control Officer or any Deputy Control Officer or any Peace Officer. In the event, a dog tag is lost, destroyed or mutilated, a duplicate tag pay be issued by the appropriate official, upon presentation of the receipt -' - she :aing the payment of the license fee for the current year and upon the additional payment of a fee in the an-nount of $5.00 for such duplicate tag. E. Dog tags shall not be transferable from one dog to another and no refunds shall be made for any dog license fee because of the death of the licensed dog or due to the licensed dogs permanent reiroval from the-County, prior to the expiration of the license year. F. It shall be unlawful to possess and /or fix a license and respective tag to or for any dog other than that specific animal for - which the respective license and tag have been issued for. Section 6. Fees for dog license and dog tag. A. The reg-ular fee for both the license and the tag shall be $20.00 for a castrated male dog or a spayed female clog and $30.00 for a female dog or male dog not castrated. B. he late registration fee shall be twice the aotr t of the regular fee. _ Section 7. Registration for dog license; late registration; registration of a dog acquired subsequent to the regular registration period; and exception as to dog under age of sir. rronths. A. For 1977 the regular registration period will be from the effective date of this resolution through September 30, 1977. B. For 1978 and succeeding years the regular registration period will be October 1 through D center 31 in the year preceding the license year. C. Late registration will be permitted at any tirre subsequent to the regular registration period, subject to the paynent of the late registration fee. D. With h:espect to a dog brought into the County subsequent to the regular registration period, within thirty days after said entry of said dog, the dog o;ner shall obtrhin a license for said dog and the regular fee shall. apply to said registration; and after said thirty days the late rc :gisti.ati.on fee shall h,. paid. -3- under the Of :,'Jx r' UI I Ll V; -i u Ito L I'u(J, I i [vd Lo h. licensed Or va•c.illI.Lud; 3)t.o­)\'jdCd, 1Io)%.%oV(,'V, within thjxLy days after a do,,- has boccxa� s x Ijy)jjtjj:s 0y j,,c t1 jr, d( osner shall obtain a license far sai.d CIO- and the lel.11111'r RIC, shall apply to said rc[;is ;Lration and after S,Lid Lhi"LY clays Lho late re-i fc(.: Shall be paid. &'CtJoli S. Vaccin, 'LLJOn or ij'OcU*t'iLR)n al"LIIISL rjjjjFS. A. 111C WCCj,nLLiOI1 Or inOCLIILLLiOrl agaill."'L rabies 1'C)qUJrC,d in OVdC,'1• to ObL.Lin a. 6-)," lio:011SO MLISt Ix., porfanir.!d by a li-censcd v,:Aorinai.,j.an. B. ahe do.,, o,,,,'ncr �,.dll Obtain :from the VetcrinLrian a vaccination certificate 11,11ich states the type of vaccine with the do,., was inoculated and the date of the inoculation. Section 9. Retention or do- license; attachment of dog g tag to clog collar or harness. A. A- dog cromer i�,-ho obtains a dog license will retain it duriiig -the license year and is required to present it for inspection by the County Sheriff, any Deputy Sheriff, the County Animal Control Officer, or any Deputy Animal Control Officers or other peace Officer in connection I'ath the enforcement of this resolution. B. A dog o-,,,-ner who obtains a, do.• tag in conjunction i%rith a dog license shall attach the tag to the collax or harness Of the licensed dog and.;said collar or harness must be worn by said dog at all times. Section 10. Kennel regulation. Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the Provisions Of this resolution uhile they are within the confines of the kennel preriises. Section 11. Running at large restricted; leash control. A. It shall be fOr 2, C109 to Pe-3--mit his or her dog to run at large; a dog shall be deemed to be running at large when off or away from. the property Or premises of the dog a..,,-rer a-lid not under the control of such cc,,,;n-_r or a responsible macber of the family,_ or an employee or agent of the o%,,'ner, either by leash, rope, or chain, not more than seven feet in length. B. The provisions of Section 11, paragraph A. Of this resolution shall not apply to dogs vhile actually v.Orking livestock, locating or retrieving wild game in season for a licensed hunter, or assisting -I- W la:w enforcement officers or While acL-ual.ly being tra:in-�?d for any of these pursuits. Section 12. Iwpounding of dogs A. It shall be tie duty oF. the Cbwhty Sheriff and his dcpuLics and the County Anima Control Officer. and leis deputies to ap1orchend ahy stray clog or athy.,c7bg found run.ning at large Contra '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 dctermined by the County Animal Control Officer; micitponreceiving any dog shall make a complete registry entering the breed, see:, and color of such clog, and Uiether licensed; if licensed, he shall enter the name and address of the owner and the date and number of the dog tag. B. not later than seven days after the impounding of a dog the clog amer, if known, shall be given notice by United States Certified Mail, Return Receipt request, or if the comer of the dog is unl no,,m or the dog is a stray dog, notice shall be published once or posted - at one or more conspicuous places in the County for three days - describing the cbg and the place and tine of taking. The dog o:,mer of said dog so impounded may reclaim said dog upon payment of the license tee, 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 Officer for impounding any dog: for inpounding, $35.00; for keeping any dog, $5.00 per day; for giving notice, $5.00; and said charges shall be in addition to any penalties imposed on the clog a.,mer pursuant to Section 21 hereof . Section 13. Quarantine of dogs. A. A cog which is kroe:n to have bitten or injured any person so as to cause an abrasion of the skin or a dog which in the opinion of the County Sheriff or a reputy Sheriff or the County Animal. Control Officer or a Eeputy Animal Control Officer, or a licensed vater_nari.a, copears to be inflicted �:7it7 rabies, shall be closely confined by the dog owner in accordance with the directions of the County Animal Control Officer, for a period of not less than ten days. If said dog shall die while confined or in-pounded as herein provided, proper medical tests shall be conducted at the expense of the dog owner upon said dog to determine whether the animal was suffering from rabies at the date of death. B. If the oomer of a dog referred to in the prececli_ng subsection cannot be determined or located, then the County Animal Control Officer shall confine said dog for a period of not Less than ten days. If the cz•:ner of said dog is not determined, located, or the dog claimed fro:u confinaT2nL within said ten clays, then the County Ani!nal Control OfEiear my order such dog cl-�stroyed. If said clog is deterimi.necl by a veterir.hrian to b suffering from ra'Aos it shall ba cle:stroy d im 4:!diately. -5- C. .1; luill b:: w1a!v.ful for a clog o n T kn0ai.ng or reasonad�1y SuspecL.iSig a cl:g hacc redDies to ail.l.ow such dcxf to he Liken off his property or premises or beyond Lhe l i.mi.ts of I•;agle Cr ».vil -y ,ji.th(,uL the written permission Of the County Animal Control Of. r.. Every clog o.mer or oLlrer pc,rsO,h u,)On ascortain.ing a dog is rabid shall imiedi.aLcly notify the Co)uc,Ly Animal Conti Off.i -cer or a ] epuLy Animal Control Officer or the CounL-y Sheriff. Or_ a Deputy Sheri fE who shall either remove the clog to the animal shelter or, if necessary for the protection of the public, to imi-TediaLcly destroy the dog. Section 1.4. Disposition of unclaimed or diseased dogs. A. With respect to a clog 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 shall keep said dog in the County ._Animal Shelter or other suitable places for not less than ten days, after which said custodian may have said dog destroyed, except as herein- after provided. B. Provided, however, that after said ten days, in lieu of having said dog destroyed, the COI -rIty Animal Control Officer may release any such dog if unclaimed and not diseased to a bona fide humane society or 1•7ittl zespect to a stray dog to a person having no previous interest - in said stray dog upon said person or society licensing said stray - dog in accordance with the provisions of this resolution and, upon the payment of the daily boarding charge and an adoption fee of $25.00. - - Section 15. C2uarantine and destruction of rabid dogs. Dogs ]-*:ow to have been bitten by or exposed to a rabid animal shall be: A. Placed in suitable quarantine for a p:?.riod of not less that tan days at the e%pense of the dog a:mer. If said dog dies vhile quarELItined, a medical test shall be conducted at the expense of the dog Owner upon said dog to determine whether the animal eras suffering from rabies at the time of death. B. 1%`nere, in the reasonable discretion of the County Animal Control Officer, a Deputy Animal. Control Officer, the County Sheriff or a Depu4,Sheriff, said dog is endan3ering the life or person of another, or inflicLing death or injury to livestock or wildlife, said dog may be ' u e 'ately destroyed. r C. Released if not diseased upon proof of immunization and 'booster' injections given by a licensed veterinarian at the expense of the dog comer. Section 16. Vicious dogs confined. It shall be unlawful for any clog o.mer i -.ho keeps a vicious dog to keep the sane unless confined in an enclosure or tethered, on private property so as riot to interfere wiL-h the puiolic thoroughfare. -6- It shall be the Chity of the County Animal Control Officer or any A:i>ul:y Animal Contro'1. Of.f.icer.•, the County Sheriff or any Tl:�i,uty County Sheriff to impound any such vicious turi.nttl that is in violation of this Section. A vicious Clog is heroby defined as any cic>,; that bites or ;maps at a person on a ;street: or at a public place, or that runs after or snaps at a horse or vehicle upon the public streets or way, or bites, snaps, rims or othens2se attacks or threatens wildlife or livestock. In the event any dog is found to have bitten any person, said clog shall be destroyed under direction of the County Animal Control Officer, Section 17. Muzzling and confinenn -nt, R'henever it becon --s necessary -to safeguard the public from the dangers of rabies, the Board of County Commissioners, if it deems it necessary, shall issue a proclamtion 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 unmuzzled dog running at large during the time of the proclamation shall be seized and inpounded, and if noticeably infected with rabies and displaying vicious propensities shall be destroyed by the Cotmty Animal Control Officer, A dog itryvounded during the first two days of such proclssnation shall, if claimed within five days after being iminoiu7ded, 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 im:rediately destroyed. Section 18. Disturbance. It shall be unlawful for a dog o��uer to allow a dog to bark or hold so as to disturb the peace and quiet of others. - Section 19. Enforcement, The provisions of this resolution shall be enforced by the County Sheriff and /or the County Animal Control Officer, or their respective deputies. Section 20. Animal Control Officer, A. There is created hereby the position of Eagle County Anin.;al Control Officer and the positions of Deputy Eagle County Dog Control Officers, who shall be employees of the County and appointed as such by the Board of County Commissioners at such compensation and qualified as such as from tines to time shall be fixed by order of the Board, B. Pursuant to Section 30 -15 -105, C,R,S„ 1973, as anx nded, personnel engaged in dog control however titled or administratively assigned MY issue citations or sumrmnses and complaints enforcing this resolution. Personnel so engaged shall be included in the definition of "peace of.fi.cer, or fireman" in section 1.8 -3 -201. (2), C.n,S. 1973, as am"llded, wM.✓ A'othiul; in thin prov.is;ion is :inLcndvcf to vest. auLhoriLy :in any person so cnaatnd to enforce ariy resolution or. statuLo other thr,n the' County Dog Co:iLrol Iie9ol.ntion. Section 2t. Pcnalt:i.cs. A. A dog oa11ar ibund Violating any prov.i.sion of this rea ;oluL.ion shall bo guilty of a mi.scic�icana.r and upon c•onvicL.ion thereof sha,], tr._ punished for such offense by imprisonment for not rrr)re than ninr�ty clays or by a fine of not rrvre than $300.00 or by both such inprisonitent and fine. B. The following muininimifines shall apply to said violation: 1. First conviction: $25.00 2. Second conviction: $50.00 3. Third and each conviction thereafter: $100.00 — Section 22. Existing clog licenses drill remain in effect uu7til their expiration dates. - The enactment of this Resolution, regardless of its repeal of the Eagle County lox Control Resolution of 1973, shall not in any ,,,,ay affect the validity of any unexpired dog license heretofore issued by the County and any such license then in effect will continue to have efficacy until the expiration date thereof. Section 23. Effective date. This Resolution shall take affect August 8, 1977. Section 24,. Repeal of prior Resolution. - Upon the effective date of this Resolution, the Eagle County Dog Control Resolution of 1973, of the County of Eagle, Colorado, is thereby repealed. The Board of County Corrrtissioners hereby find, detenni.nes, and declares that this Resolution is necessary for the iinnedimate preserva- tion of the public peace, health, and safety. 10VEO, RELTI, AM UXJ'M`.'OUSL,' AD0z`1=, at a special u ,g :vet; _t_ of the Board of County Corrrnissioners, County of Eagle, State of Colorado, held on July 28, 1977. Attest: Clerk o:f t.hc Yo:,.rd o:f County Conmiss.,.ioners r (SEAL) OOU;\'1'Y OF EAGLE S`1 <1'1T OF COLO i'DO By and thrnual, its E0.1R0 OF COUITP CD.,,ntISSIO�\yM _5_ Keith Tro_-:el Chairnui