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HomeMy WebLinkAboutR1979-40 Resolution for the Control and Licensing of Dogs • • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO A RESOLUTION FOR THE CONTROL AND LICENSING OF DOGS WHEREAS, Section 30 -15 -101 et seq. C.R.S. 1973, as amended, authorizes the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board ", to adopt a resolution providing for control and licensing of dogs in the unincorporated areas of Eagle County, Colorado; and WHEREAS, the Board finds that dogs running at large within the unincorp- orated territory of the County constitute a menace to the public property, health, welfare, peace, and safety; and WHEREAS, the Board finds that the current County Dog Control Resolution known as the "Eagle County Dog Control Resolution of 1977 ", as amended, does not adequately provide for the control of dogs and other reasonable or necessary regulations pertaining thereto; and WHEREAS, the Board considers that the aforesaid menace to the public and the inadequacy of the aforesaid Resolution creates 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; and WHEREAS, this Resolution is intended to repeal and replace the "Eagle County Dog Control Resolution of 1977" 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 1979 ". Section 2. Definitions. For the purpose 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 not appear to have an owner or whose owner is unknown and which is unlicensed or does not appear to be licensed, and /or found attached or loose anywhere within the County of Eagle. F. Dog Owner: A person who owns, possesses, controls, main- tains, keeps, or harbors a dog or knowingly permits a dog to remain for seven consecutive days on or about pro - perty or permises 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. H. 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, innoculation, or vaccination for rabies: These terms shall mean the inoculation of a dog with a vaccine approved by the United States Department of Agri- culture 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. L. Control: Control of a dog means physical control of a dog by means of a leash, rope or chain no longer than twenty (20) feet 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 pursuits. M. Bodily Injury: Bodily injury means any injury caused by dog bite whereby at a minimum the skin is broken, exterior bleed- ing occurs or emergency medical treatment by a licensed physician is reasonably necessary. N. 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 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. 0. Vicious Dog: A vicious dog is hereby defined as any dog that bite 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. 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 re- quired in order to be licensed, a dog must first have been so vacc- inated or inoculated as can be demonstrated by a vaccination certi- ficate. Section 4. Issuance of dog license and dog tag. The Eagle County Animal Control Officer or Deputy Animal Control Officer or Deputy County Clerk and Recorder shall issue a dog license and dog tag upon receipt of the executed application there- for 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 1979 the license will be valid from the effective date of this resolution through December 31, 1979. 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 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. 6. Number of license. C. A dog tag shall be issued to the dog owner with the dog license and will be regarded as apart of the license. The tag will be made of a durable material, shall be suitable to be attached to a dog collar or harness, and will state the date of issuance and the number of the dog license. f ' • 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 Dog 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 present- ation of the receipt showing the payment of the license fee for the current year and upon the additional payment of a fee in the amount of 50(t 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 removal from the County, prior to the expiration of the license year. F. It shall be unlawful to posses and /or fix a license and respective tag to or for any other dog 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 regular fee for both the license and the tag shall be two dollars ($2.00) for a castrated male dog or a spayed female and five dollars ($5.00) for a female dog or male dog not castrated. B. The late registration fee shall be twice the amount of the regular fee. Section 7. Registration for dog license; late registration; registra- tion of a dog acquired subsequent to the regular registration period; and exception as to dog under age of six months. A. For 1979 and succeeding years the regular registration period will be October 1 through December 31 in the year preceding the license year. B. Late registration will be permitted at any time subsequent to the regular registration period, subject to the payment of the late registration fee. C. With 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 dog owner shall obtain a license for said dog and the regular fee shall apply to said i i ! registration; and after said thirty (30) days the late registration fee shall be paid. D. A dog under the age of six months is not required to be licensed or vaccinated; provided, however, within thirty (30) 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 (30) days the late registration fee shall be paid. Section 8. Vaccination or inoculation against rabies. A. The vaccination or inoculation against rabies required in order to obtain a dog license must be performed by a lic- ensed 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 will retain it during 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 Officer or any other peace officer in connection with the enforcement of this 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 of the licensed dog and said collar or harness must be worn by said dog at all times. 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 hereinabove defined, so as to prevent the dog from running at large, becoming a danger to persons or property, or trespassing on the property of another, except that the purposes 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 when: 1. Said dog inflicts injury or damage to the person or property of anyone other than the dog owner. 2. A female dog, during its period of estrus, is not securely confined on the property or premises of the dog owner. 3. A dog within the open portion of a vehicle parked on public property, whether restrained or not, which is creating a danger to persons and /or property in the immediate vicinity thereto. Section 12. Impounding of dogs. A. It shall be the duty of the County Sheriff and his deputies and the County Animal Control Officer and his deputies to apprehend any stray dog or any dog found running at large or not under control contrary to the provisions of Section 11 and Section 1 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 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 un- paid, 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, thirty five dollars ($35.00); for keeping any dog, five dollars ($5.00) 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. Section 13. Quarantine of dogs. 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 Con- trol 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 Con- trol 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 or keeper knowing or reasonably suspecting a dog has rabies to allow such dog to be taken off his property or permises 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 accord- ance 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 hereinafter 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 twenty five dollars ($25.00). Upon payment of said adoption fee there shall be neither additional • • charge for the current's year 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 Officer to guar- antee the subject animal shall be spayed or neutered. If within six months from the time of adoption satisfactory written evidence is 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 been 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 rabies 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 or wildlife, said dog may be immediately destroyed. C. Released if not diseased upon proof of immunization and "booster" injections given by a licensed veterinarian at the expense of the dog owner. Section 16. Vicious dogs confined. It shall be unlawful for any dog owner who keeps a vicious dog to keep the same unless confined in an enclosure or tethered on private property so as not to interfere with the public thoroughfares. 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 impound any such vicious animal that is in violation of this Section. In the event any dog is found to have bitten any person and /or to have threatened wildlife and /or livestock as provided here - inbelow, said dog shall be destroyed under direction of the County Animal Control Officer. Section 17. Affirmative Defense. If a dog is provoked into biting, such provocation shall constitute an affirmative defense that may be plead by an owner with a violation of this Resolution. Section 18. Interference with Animal Control Officer. • • It shall be unlawful for any person to interfere with, molest, hinder, 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, pursue, bite snap at, attack or otherwise threaten wildlife and /or livestock. In the event any dog is found to have threatened any such wildlife and /or livestock, said dog shall be impounded under this Resolution and deemed a vicious dog. Section 20. 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. A. Members 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 a vacancy occuring the term of a memeber, 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 chair- man and a secretary who shall keep a written record of all proceedings of the Board. The Board of Appeals shall pass reasonable and necessary for carry- such rules and regulations y - y ing out its duties, subject to approval and direction of the Board of County Commissioners. B. Any dog owner aggrieved by the decision to destroy said owner's repective dog by the County Health Officer, or County Animal Control Officer, or the County Sheriff or any of their res- pective deputies or assistants in the enforcement of the County Dog Resolution may appeal such decision to the Board of Appeals. C. 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 the event a Board of Appeals has not been appointed, than said notice of appeal shall be delivered to the Clerk of the Board of County Commissioners. III ; s o • D. 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 Appeals or the Board of County Commissioners. The Secretary or Clerk shall there- upon mail written notice of the date, time and place of said hearing to the individual appealing and the County Animal Control Officer and the investigating enforcement officer involved in the specific case, if any. E. Said appeal hearings shall be public and the Board of Appeals may adopt reasonable rules and regulations for the conduct of such hearings. F. 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 Clerkm as may be appropriate, shall mail copies of the findings and rulings to the County Animal Control Officer and to the person appealing. G. 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 appeals rights, then said owner shall be liable to the County for the costs of boarding the subject dog during the period of appeal. H. 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 the date of a decision by the Board of Appeals. Section 21. 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 nec- essary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securley on his property or permises 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 the proclamation shall be seized and impounded, and if notice- ably 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 III A provided for in Section 12; if unclaimed within five days, after said period such dog may be immediately destroyed. Section 22. 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. Section 23. Disturbance. 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 24. Unlawful 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 25. 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 26. 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 admin- istratively 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 that the County Dog Control Resolution. 0 0 i Section 27. Penalties. A. Any violation of any provisions of this Resolution which does not result in bodily injury to any person shall be a Class two 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 minimum fines shall apply to any such violation: First Conviction: $ 25.00 Second Conviction: 50.00 Third and Each Conviction Thereafter: 100.00 The penalty assessment procedures contained in Section 16- 2 -201 C.R.S. 1973, as amended, shall be followed by any peace officer and /or animal control officer enforcing the provisions of the Resolution. 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 two misdemeanor and upon conviction there- of shall be punished for such offense by a fine of two hundred fifty dollars ($250.00) to one thousand dollars ($1,000.00) or by imprisonment in the County Jail for three (3) to twelve (12) months, or by both such fine and im- prisonment. C. Nothing herein shall be construed to prevent impoundment of any dog under Section 12. Section 28. Disposition of Fines and Forfeitures. All fines and forfeitures for violation of any provision 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 29. 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 1977, shall not in any way 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. r 41 Section 30. Captions. The captions and paragraph headings used throughout this Resolution are for the convenience of reference only, and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision to or the scope or intent of this Res- olution. Section 31. Severability. If any provisions of this Resolution or the application thereof to any party or circumstance shall to any extent be invalid or unenforce- able, 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 32. Repeal of Prior Resolutions. Upon the effective date of this Resolution, the Eagle County Dog Control Resolution of 1977, as amended, and any prior resolutions thereto, is hereby repealed. The Board of County Commissioners hereby finds, determines, and declares that this Resolution is necessary for the immediate preservation of the public peace, health, and safety. MOVED, READ, AND UNANIMOUSLY ADOPTED, at a regular meeting of the Board of County Commissioners, County of Eagle, State of Colorado, held on COUNTY OF EAGLE, STATE OF COLORADO By an. ough its BOARI OF COUNTY COMMISSIONERS ATTEST: /(11 By : 4/-dA I _ Dan 7l i gman J erk of the B d of v Da e Grant, Commissioner C ounty Commissioners c Keith Troxel, Commissioner