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HomeMy WebLinkAboutR1979-06 Control and Licensing of Dogs • RESOLUTION OF TIIC BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO • A RESOLUTION FOR THE CONTROL AND LICENSING OF DOGS WHEREAS, 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, wel- fare, peace, and safety; and WHEREAS, the Board finds that the current County Dog Control Resolution does not adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and tWHEREAS, 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, es, fees and en a lties are necessary essary for the protection of the public property, health, welfare, peace and safety; N014, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, 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 1977 ". Section 2. Definitions. For purposes of this resolution, the following definitions shall apply: A. Dog: Any animal of the canine species, regardless of sex. B. Dog, male: 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 ovariectomy or ovarohysterectomy has been performed by a licensed veterinarian. • E. Dog, stray: A dog which does no.t appear to have an owner or (� whose owner is unknown and which is unlicensed or does not appear to be licensed, and /or found unattached or loose anywhere within the County of Eagle. F. bug Owner: A person who owns, possesses, 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. G. 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. N. Rabies: A communicable disease of both wild and domestic animals, especially dogs, transmittable to humans, as defined by the United States Department of Agriculture. • • . I. Vaccination, inoculation, or vaccination for rabies: These terms shall mean the inoculation of a dog with a vaccine approved by the United States Department of Agriculture for use in the prevention of rabies. J. License Year: January 1 through December 31. K. Keeper: Shall mean any person who keeps or harbors a dog) for less than seven (7) days. 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 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 first have been so vaccinated or inoculated as can be demonstrated by a vaccination certificate. • Section 4. Issuance of dog license and doa tag. The Eagle County Animal Control Officer or Deputy Animal Control Officer or Deputy County Clerk and Recorder shal issue a dog license and dog tag upon receipt of the executed application therefor and the license fee and inspection of the vaccination certificate. Section 5. Duration and requirements of dog license and dog tag. A. A dog license shall be valid for one year, January 1 through • December 31, and is not subject to renewal.; upon the expiration of a dog license, a new license must be obtained for the succeeding year; provided, • however, that in 1977 the license will be valid form the effective date of this resolution through December 31, 1977. B. A dog license will state the following information: 1. Flame 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. • 4. Amount of license fee paid. 5. Date of issuance of license. G. Plumber of the license. • C. A dog tag sahll be issued to the dog owner with the dog license and will be regarded as a part of the license. The tap will be made of a durable material, shall be suitable to be attached to a den collar or harness, and will state the of issurance 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 inspection as may be reasonably required by any County Doo 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 may be issued by the appropriate official, upon presentation of the receipt show- . ing the payment of the license fee for the current year and upon the additional payment of a fee in the amount of 50c": for.such duplicate tag. E. Dog tans shall not be transferable from one don 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 dons permanent removal 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 don other than that specific animal for which the respective license and tag have been issued for. Section 6. Fees for dog license and don tag. A. The regular fee.for both the license and the tap shall be $2.00 for a castrated male dog or a spayed female dog and $5.00 for a female don or male dog not castrated. B. The late registration fee shall be trice the amount 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 don under age of six months. A. For 1977 the regular registration period will be from the effective date of this resolution through September 30, 1977. B. For 1970 and succeeding years the regular registration period will be October 1 through December 31 in the year preceding the 1 icc'nr.n year. • 1 4 C. Late registration will be permitted at any time subsequent to the regular registration period, subject to the payment of the late registration fee. • D. With respect to a dog brought into the County subsequent to the regular registration period; within thirty days after said entry of said dog, the dog owner shall obtain a license for said dog and the regular fee shall apply to said registration; and after said thirty days the late registration fee shall be paid. E. A dog under the age of six months is not required to be licensed or vaccinated; provided, however, within thirty days after a dog has become six months of age the dog owner shall obtain a license for said dog and the regular fee shall apply to said registration and after said thirty days the late registration fee shall he paid. Section 8. Vaccination or inoculation against rabies. A. The vaccination or inoculation against rabies required in order to obtain a don license must be performed by a licensed veterinarian. 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 the inoculation. • Section 9. Retention of dog license; attachment of dog tag to dog collar or harness. • A. A dog owner who obtains a dog license wi ll retain it duri ng the license year and is required to present it for inspection by the County Sheriff, and Deputy Sheriff, the County Animal Control Officer, or any Deputy Animal Control Officers or other peace officer in connection with the enforcement of this resolution. • • B. A don owner who obtains a dog taa in conjunction with a dog license shall attach the tag to the collar 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 while they are within the confines of the kennel premises. Section 11. Running at'large restricted; leash control. A. It shall be unlawful for a dog owner or keeper to permit 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 owner and not under the control of such owner or a respon- sible member of the owner's family or an employee or agent of the owner, either by leash, rope, or chain, not more than twenty (20) • feet in length. B. The provisions of Section 11, paragraph A. of this resolution shall not apply to dogs while actually working live - stock, 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 pursuits. 1 41111 41110 Section 12. Impounding of dogs A. It shall he the duty of the County Sheriff and his deputies and the Couity Animal Control Officer an.d his deputies to apprehend any stray dog or any dog found running at large 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 determined by the County Animal Control Officer; and upon receiving any dog shall'make a complete registry entering the 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. Not later than seven days after the impounding of a dog the dog owner, if known, shall be given notice by united States Certified - Mail, Return Receipt Request, or if the owner of the dog is unknown 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 dog and the place and time of taking. The dog 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 Officer for impounding any dog: for impounding, S35.00; 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 dog owner pursuant to Section 21 hereof. Section 13. Quarantine of dogs. . i A. A dog which is known 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 Deputy Sheriff or the County Animal Control Officer or a Deputy Animal Control Officer, or a licensed veterinarian appears to be inflicted with 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 impounded 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 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 for a period of not less than ten days. If the owner of said dog is not determined, located, or the dog claimed from • confinement within said ten days, then the County Animal Control Officer may order such dog destroyed. If•said dog is determined by a veterinarian • to be suffering from rabies it shall be destroyed immediately. • C. It shall be unlawful for a dog owner pr keeper knowing or reasonably suspecting a dog has rabies to allow such dog to be taken off • his property or premises or beyond the limits of Eagle County without the written permission of the County Animal .Control Officer. Every dog owner or other person upon ascertaining a dog is rabid shall immediately notify the County Animal Control Officer or a Deputy Animal Control Officer or the County Sheriff or a Deputy Sheriff who shall either remove the dog to the animal shelter or, if necessary for the protection of the public, to immediately destroy the dog. 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 shall keep said dog'in the County Animal Shelter or other suitable place 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 County Animal Control Officer 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 the payment of an adoption fee of $25.00. Upon payment of said adoption fee there shall be neither additional charge for the current's year license nor any charges for daily boarding. Provided, however, at the time of adoption the sum of $12.50 shall be deposited with the County Animal Control Officer to guarantee the subject animal shall be spayed or neutered. If within six months from the time of • adoption satisfactory written evidence is Y presented to the County Animal Control Officer 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 bitten by or exposed to a rabid animal shall be: A. Placed in suitable quarantine for a period of not less than ten days at the expense of the dog owner. If said dog dies while quarantined, a medical test shall be conducted at the expense of the dog owner upon said dog to determine whether the animal was suffering from at the time of death. B. Where, in the reasonable discretion of the County Animal Control Officer, a Deputy Animal Control Officer, the County Sheriff, or a Deputy Sheriff, said dog is endangering the life or person of another, • or inflicting death or injury to livestock wildlife, said dog may be immediately destroyed. -C. Released if not diseased upon proof of immunization and 'booster' injections given by a licensed veterianarian at the expense of the dog owner. Section 16. Vicious dons confined. It shall be unlawful for any dock owner who keeps a vicious dock to keep the ';dII(' unle (_onf in((I 111 on enclosure or tethered, on propi.:r•ty so ( t to Interfere wi th the pub roroughfare, • • • • • . 41110 It shall be the duty of the County Animal Control Officer or any Deputy Animal Control Officer, the County Sheriff or any Deputy County Sheriff to inpuond any such vicious animal that is in violation of this Section. (A vicious dog is hereby defined as•any dog that bites or snaps 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, runs or otherwise attacks or threatens wildlife or livestock.) In the event any dog is found to have bitten any person, said dog shall be destroyed under direction of the County Animal Control Officer. Section 17 Dog Control Board of Appeals There is created hereby a Dog Control Board of Appeals which shall consist of three members appointed by the Board of County Commissioners of the County of Eagle, State of Colorado , to hear and decide appeals as provided hereunder. Until such time as said Board is appointed and duly organized, the Board of County Commissioners of the County of Eagle, State of Colorado, shall act as said Dog Control Board of Appeals. 1. Membei -s of the Board of Appeals shall be appointed for terms of two years or until the respective member's successor has been appointed. Where any member is appointed to fill vaeancy occuring the term of a member, the successor's term shall run until the expiration of the term of the member he succeeds. After the appointment of the initial Board, the Board of Appeals shall appoint from its membership a chairman and a secretary who shall keep a written record of all proceedings of the Board. The Board of Appeals shall pass such rules and regulations reasonable and necessary for carrying out its • duties, subject to approval and direction of the Board of County Commissioners. • 2. Any dog owner aggrieved by the decision to destroy said owner's respactive dog by the County Health Officer, or County Animal Control Officer, or the County Sheriff or any of their respective deputies or assistants in the enforcement of the County Dog Resolution -.may appeal such decision to the Board of Appeals. 3. An appeal must be received by the Secretary of the••Board of Appeals no later than five (5) days impoundment of a dog, said notice of appeal shall be in writing and set forth the basis for appealing the decision. In th event a Board of Appeals has not been appionted, then said notice of appeal shall be delivered to the Clerk of the Board of County Commissioners. 4. Upon receipt of notice of appeal, the Secretary or Clerk, • as may be the case, shall immediately advise the Animal Control Officer to stay the destruction of the subject dog; and shall schedule a hearing on said appeal which shall be the next meeting of either the Board of or the Board of County Commissioners. The Secretary or Clerk shall thereupon mail written notice of the date, time and place of said hearing to the individual C appealing and the Animal Control Officer and the investigating enforcement officer involved in the specific case, if any. 5. Said appeal hearings shall be public and the Board of Appeals may adopt reasonable rules and regulations for the conduct of such hearings. C. The Board of Appeals shall issue its findings and rulings thereon in writing no later than ten (10) days after any hearing. The Secretary or Clerk, as may be appropriate, shall mail cpoies of the findings and rulings to the County Animal Control Officer and to the person appealing. 7. No dog shall be destroyed when proper appeal of said destruction has been made by the owner of said dog until the exhaustion of all appeal rights that the owner may have. In the event the appealing owner shall not receive favorable decision and said owner shall have exhausted'', or failed to have exhausted all appeal rights, then said owner shall be liable to the County for the costs of boarding the subject dog during the period • . of . appeal. 8. Any further appeal from a decision of the Board of Appeals shall be made to the District Court in and for the County of Eagle, State of Colorado, as provided by law, provided, however, that any such appeal to the District Court shall be made no later than twenty (20) days after. date of a decision by the Board of Appeals. • • • • • • • • 41/11 $ecti 1.,, Muzzling and confinement. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Board of County Commissioners, if it deems it necessary, shall issue a proclamation ordering every person owing 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 impounded, and if noticeably infected with rabies and displaying vicious, propensities shall be destroyed by the County 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 19. Liability for accident or subsequent disease from impoundment. 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. 4 Section 20. Distrubance. It shall be unlawful for a dog owner to allow a dog to bark or howl so as to disturb the peace and quiet of others. Section 2lUnlawful taking or release. A. It shall be unlawful for any person to take any dog from • an enclosed lot, premises or other building and deliver the dog to the • impounding facility unless authorized to do so by the owner or keeper • of the dog or as otherwise authorized by this Resolution. B. It shall be unlawful for any person to open or cause to be opened any closed lot, premises, or building for the purpose of allowing a dog to run at large. Section 22. 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 23. Animal Control Officer. A. There is created hereby the position of Eagle County Animal • 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 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 10 -3 -201 (2),' C.R.S. 1973, as amended. ... • 41111 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 24. Penalties. A. A dog owner(or keeper)found violating any provision of this resolution shall be guilty of a misdemeanor and upon conviction thereof shall be punished for such offense by imprisonment for not more than ninety days or by a fine of not more than $300.00 or by both such imprisonment and fine. • B. The following minimum fines shall apply to said violation: 1. First conviction: $25.00 2. Second conviction: $50.00 3. Third and each conviction thereafter: $100.00 • Section 25. Existing dog licenses will remain in effect until their expiration dates. The enactment of this Resolution, regardless of its repeal of the Eagle County Dog Control Resolution of 1973, shall not in any way affect the validity of any unexpired dog license heretofore issued the County and any such license then in effect will continue to have . efficacy until the expiration date thereof. • ,4 Section 26. Effective date. This resolution shall take affect August 8, 1977. • :Section 27. 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 Commissioners hereby find, determines, . and declares that this Resolution is necessary for the immediate pre- servation of the public peace, health, and safety. MOVED, READ, AND UNANIMOUSLY ADOPTED, at a special meeting of the Board of County Commissioners, County of Eagle, State of Colorado, held on c- 791 ; /97 • COUNTY OF EAGLE, STATE OF COLORADO By and through its ATTEST: BOAR OF COUNTY COMMISSIONERS By: , 4 64,4,1 Cl?rk of the Board Comissioners Dan Williams, Chairman • • • _