ORDINANCE 428 and 477 Dog Regulations

ORDINANCE NO. 428

AN ORDINANCE PROVIDING FOR THE REPEAL AND REENACTMENT OF ORDINANCE NO. 380, 414, 420 FOR THE TOWN OF HOLLY, STATE OF COLORADO PERTAINING TO THE REGULATIONS OF AND REGULATING DOGS; PROVIDING FOR VACCINATION AND LICENSING THEREOF; PROVISIONS RELATING TO THE IMPOUNDMENT OF DOGS FOUND RUNNING AT LARGE; PROVISIONS FOR VICIOUS DOGS; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, COLORADO:

WHEREAS, the Board of Trustees of the Town of Holly, State of Colorado have determined that various provisions of Ordinances Numbered 380, 414, and 420 adopted previously by the Town of Holly are obsolete or otherwise deficient, and

WHEREAS, the Board of Trustees of the Town of Holly, State of Colorado deems it necessary to repeal Ordinances 380, 414, 420 and all other ordinances or parts of ordinances in conflict herewith.

NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, STATE OF COLORADO:

Section 1. REPEAL OF EXISTING ORDINANCES NO. 380, 414, 420

That Ordinances No. 380, 414, 420 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed and said ordinances are reenacted under this ordinance, the same to be entitled “Dog Control”.

Section 2. DEFINITIONS

A. For the purpose of this ordinance, certain terms and words are herewith defined as follows:

(i) At Large: A dog shall be deemed to be running at large when off or away from the premises of the owner, possessor, keeper or a lessee and not under control thereof. A dog shall also be deemed to be running at large when not under control on the common grounds of condominiums, town homes, apartment complexes and mobile home parks.

(ii) Control: A dog shall be construed to be under control of a person as follows:

(a) Confinement within a vehicle, fencing, or other adequate enclosure where the animal has no access to passersby; or

(b) Attachment to a leash not over 6 feet in length and held by a person of sufficient size and strength to restrain the dog; or

(c) Tethered on the premises of its owner, possessor, keeper, or lessee such that it does not have access to passersby on a public street, sidewalk or right-of-way.

(d) Nothing herein shall restrict the ordinary uses of seeing eye or hearing aid dogs.

(e) A dog not under leash but under voice command and in sight of the owner. If at any time the dog displays any sign of aggression or viciousness, then that dog will be deemed not in control, and in violation.

(iii) Dog: Any animal of canine species regardless of sex.

(iv) Dog, Female: Any dog of the female gender on which no alternative surgery of the genital organs has been performed.

(v) Dog, Spayed Female: Any female dog on which an ovariectomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting said operation has been performed.

(vi) Dog, Male: Any dog of masculine gender, either castrated or not castrated.

(vii) Dog Owners: Every person in possession of or harboring any dog or who shall suffer any such dog to remain about his premises for a period of ten (10) days or longer.

(viii) Dog, Stray: Any dog which is at large and not under control of a person.

(ix) Household: One or more people occupying a house, housing unit, room or group of rooms as their usual place of residence. The occupants may be single family, one person living alone, two or more families living together, or any other group of related or unrelated people who share living arrangements, even if they are temporarily absent.

(x) Leash or Lead: A thong, chord, rope, chain, or similar device which holds a dog in restraint and which is not more than six (6) feet in length.

(xi) Premises: Real property owned, rented, leased, used, kept or occupied by a person.

(xii) Rabies: A communicable disease of both wild and domestic animals transmittable to humans as defined by the Colorado Department of Health.

(xiii) Restraint: Physical control by use of a lead or leash.

(xiv) “Vaccinations” or “Vaccination for Rabies” shall mean inoculation of a dog with standard rabies vaccine.

(xv) Vicious Dog:

(a) A dog that bites or attacks human beings, or other animals, or in a vicious or terrorizing manner attacks, or approaches in an attitude of attack, upon a person upon any street, sidewalk, alley or other place or grounds, except when in reasonable defense of persons.

(b) A dog kept possessed for protection or security purposes, which by its nature or training, would otherwise come under the foregoing definition, shall not be deemed vicious so long as it is securely confined in an enclosure or securely attached to a chain, rope, or cord of sufficient size and strength to reasonably secure it and keep it physically segregated from persons other than its owner, custodian, or possessor.

Section 3. LIMIT NUMBER OF DOGS

It shall be unlawful for any household to own, harbor or keep more than a total of four (4) dogs within the Town, except for litters below the age of three (3) months, except for animals which are housed within a residence at all times, and except for a lawfully operated commercial kennel, veterinary clinic or hospital or pet store.

Section 4. ANNUAL VACCINATION AND LICENSING OF DOGS REQUIRED

It shall be the duty of every person who owns or harbors any dog or dogs in the Town of Holly, Colorado, to have such dog or dogs inoculated by a regularly licensed veterinarian of the State of Colorado and to obtain a certificate from said veterinarian, setting out the fact of such vaccination and also obtain from the Town Clerk of the Town of Holly, Colorado a license for each dog. Such vaccination may be performed during the months of January and February of each calendar year or the owner of said dog may elect to receive a three year vaccination shot from licensed veterinarian. Licensing from the Town of Holly must be renewed no later than March 1 of each calendar year for each dog harbored. All persons who acquire a dog or dogs between March 1 and December 31 of any calendar year shall immediately following such acquisition or upon such harboring, have such dog or dogs inoculated and licensed for the remaining calendar year. If such dog or dogs have received the three year vaccination and inoculation records must be provided upon licensing of dog or dogs to the Town Clerk.

Section 5. PERSONS AUTHORIZED TO INOCULATE AND ISSUE LICENSE

Any licensed veterinarian of the State of Colorado may perform that inoculation of dogs under this ordinance and those licenses for dogs shall be issued by the Town Clerk of the Town of Holly, Colorado. That the owner or harborer of every dog, so inoculated shall pay the veterinarian inoculating the same his fee therefore and shall pay a license fee to the Town of Holly of $2.50 per male or spayed female and $5.00 per unspayed female. Owners applying for a license for a spayed female shall furnish a certificate showing that said dog is spayed.

Section 6. DUTY OF PERSONS PERFORMING VACCINATION AND LICENSING

Every veterinarian performing vaccination shall furnish the owner or harborer of any dog vaccinated, a certificate of such vaccination, which shall be presented to the Town Clerk who upon payment of the Town license fee, shall issue the license provided for in Section 5, retaining a record thereof in his/her office. No license shall be issued for any dog without the production of certificate of vaccination and payment of license fee.

Section 7. INFORMATION ON LICENSES AND TAGS

A. The Town Clerk shall issue a license to the owner or harborer of each dog licensed hereunder containing the following information:

(i) The name and address of the owner, or harborer, of an inoculated and licensed dog.

(ii) The date of inoculation and date of license.

(iii) The year and series number of the dog tag.

(iv) The breed, age, color, and sex of the inoculated dog. The tags shall be made of durable material suitable to be attached to the collar or harness of the inoculated dog. Such tag shall state the year for which it is issued and the series number of the license and tag. Such tags shall also be prepared and distributed by the Town Clerk.

(v) Such tag shall be a different color each year.

Section 8. TAG TO BE ATTACHED TO DOG AND LICENSE RETAINED BY OWNER

Every owner or harborer of a dog shall attach the tag evidencing the licensing and inoculation with anti-rabies vaccine to the collar or harness of the inoculated and licensed dog and such collar or harness shall be worn by said dog at all times. The license shall be retained by the owner or harborer of the inoculated and licensed dog for inspection by any employee of the Town of Holly, at any time.

Section 9. REGISTRATION

A. Period of validity for license and tag.

(i) Such inoculation and licensing shall be valid for each calendar year in which the same is had and for January and February of the following year.

(ii) For the period of January 1 to March 1 of each calendar year, the inoculation and licensing from the previous calendar year and that for the current calendar year shall both be valid.

Section 10. 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 a member of the Sheriff’s Department or of any licensed veterinarian of the State of Colorado, appears to be inflicted with rabies, shall be closely confined by its owner in accordance with the directions of a member of the Sheriff’s Department, for a period of not less than fourteen days.

B. If the owner of such dog or dogs referred to in this Section cannot be determined or located, then a member of the Sheriff’s Department shall otherwise confine said dog or dogs for a period of not less than fourteen days. If the owner of said dog is not determined, located, or the dog claimed from confinement within said fourteen days, then the Sheriff may order said dog destroyed, provided however, that all costs incurred for the confinement of a dog under this Section shall be paid for by the owner or owners of said dog. If, however, after fourteen days confinement of said dog is not claimed or owner determined or located then the costs of confinement shall be borne by the Town of Holly. If said dog is determined to be suffering from rabies, it shall be destroyed forthwith.

C. It shall be unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the Town without the written permission of the Sheriff’s Department. Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Sheriff’s Department who shall either remove the dog to the enclosure or summarily destroy it.

Section 11. IMPORTED DOGS

A. All dogs which are brought into the Town of Holly, shall be incompliant with the laws, rules and regulations of the State of Colorado regarding the handling of dogs, and shall have been vaccinated not less than thirty days, nor more than twelve months prior to importation. The metal tag denoting vaccination shall be firmly affixed to the collar or harness of the dog, and shall be evidence of compliance with this Section.

B. If said imported dog remains in the Town of Holly more than thirty days, said dog shall be licensed in accordance with the provisions of this ordinance. A certificate of vaccination issued by a licensed veterinarian to the owner or harborer of a dog within the current year by any municipality, county or state, shall be exchanged for a current inoculation and license tag of the Town of Holly and a transfer fee of $2.50 imposed there on for a male or spayed female and $5.00 for an unspayed female.

Section 12. UNLAWFUL POSSESSION OF LICENSE

Only those persons who own or harbor a dog duly vaccinated and licensed in accordance with the provisions of this ordinance shall be permitted to possess the license and tags provided for herein. No person may affix a tag evidencing vaccination and licensing to the collar or harness of any dog, except the tag issued for that dog at the time of licensing.

Section 13. IMPOUNDING

A. It shall be the duty of town employees to apprehend any dog found running at large contrary to the provisions of this ordinance and to impound such dog in the Town enclosure or other suitable place. The Town Clerk shall keep a complete registry entering the breed, color and sex of such dog so impounded.

B. Notice to owner or harborer and redemption. Not later than 2 days after the impounding of any dog, the owner or harborer shall be notified of such impounding, or if the owner or harborer of the dog is unknown, written notice shall be posted for three (3) days at two or more conspicuous places in the Town of Holly, describing the dog and the place and time of taking. The owner or harborer of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid; and all costs and charges incurred by the Town of Holly for impounding and maintenance of said dog. The following charges shall be paid to the Town Clerk:

(i) For impounding any dog first time: $50.00

(ii) For impounding any dog, second offense: $150.00

(iii) For impounding any dog, third offense: summons to Municipal Court

(iv) Daily board fee: $10.00 per day

(v) License fee shall be fixed at the Board of Trustees discretion.

C. Inoculation of dogs redeemed. Before the owner shall redeem any dog so impounded thereof, the owner thereof shall furnish proof of an anti-rabies inoculation upon said dog within the prior twelve-month period. Any owner unable to furnish such anti-rabies inoculation proof shall be required to deposit with the Town Clerk the sum of $35.00 which sum shall serve as performance bond to insure that the dog redeemed shall receive an anti-rabies inoculation upon its release from impoundment from the Town Clerk of the dog’s inoculation for rabies; the performance bond shall be returned to the owner. Failure of the owner to produce proof of said anti-rabies inoculation within four (4) business days of the dog’s release shall cause a forfeiture of the performance bond fee and shall be an unlawful act punishable hereunder.

Section 14. DISPOSITION OF UNCLAIMED OR INFECTED DOGS

It shall be the duty of the Town to keep all dogs so impounded for a period of five (5) days. If at the expiration of four (4) days from the date of notice to the owner or the posting of notice of such said dog shall not have been redeemed, it may be destroyed. Any unlicensed dog required by law to be licensed, or any dog, which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed.

Section 15. MUZZLING AND CONFINEMENT

A. Whenever it becomes necessary to safeguard the public from dangers of hydrophobia, the Mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent it biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies and displaying vicious propensities in which case it shall be killed by the Field Services Supervisor or member of Sheriff’s Department without notice to the owner. Dogs impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected with rabies, upon payment of impounding charges provided for in Section 13.

B. If unclaimed after that period, such dog may be summarily destroyed.

C. Vicious dogs and any dogs required to be confined under the provisions of this ordinance shall be kept upon the premises of the owner at such place as to be least dangerous to various delivery persons, meter readers, and other persons lawfully upon said premises.

Section 16. VICIOUS DOGS PROHIBITED – EXCEPTIONS

A. It shall be unlawful for any person to own, keep, harbor or possess any vicious dog in the Town of Holly except as is provided by this Section, to-wit:

(i) A dog is not a vicious dog because it has bitten or attacked any or all of the following persons:

(a) Any person engaged in the unlawful entry into or upon the dog owner’s premises where the dog is kept.

(b) Any person engaged in the unlawful entry into the dog owner’s vehicle wherein such dog is confined.

(d) Any person engaged in attempting to aid such dog when it is injured.

(ii) For the purpose of this Section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed on him by the laws of the State of Colorado or the Town of Holly, or the law or postal regulation of the United States, or when he is on such property for the invitation, expressed or implied, of the owner thereof.

(iii) When the Town Administrator, Field Services Supervisor, or sheriff’s officer of the Town of Holly deems a dog to be vicious, a written warning shall be issued to the owner of said dog stating the determination that such dog is vicious. Or, that person may cause criminal charges to be filed in the Holly Municipal Court against the owner, alleging the vicious propensities of the dog.

(iv) If the Municipal Court finds that the evidence supports a charge made that a dog is vicious, the Judge may order any or all of the following:

(a) Such fine of the owner as would be authorized generally in this ordinance.

(b) Restitution for the reasonable charges for medical treatment of any bodily injury caused by the dog or damages to property caused by the dog.

(d) Prohibit the owner from keeping such dog within the town limits of the Town of Holly.

(e) Order such dog to be destroyed in a humane manner.

(v) It is the duty of any town employee or any sheriff’s officer to apprehend and impound any vicious dog observed in violation of this Article, whether or not such vicious dog is on the premises of said owner. Such impoundment shall be accomplished by whatever reasonable means necessary including tranquilization and the dog shall be held as if impounded under Section 13 of this Ordinance.

The Field Services Supervisor or in his absence the Town Administrator, shall have full discretion as to whether a vicious dog will be immediately euthanized if circumstance and place warrant such measures.

Section 17. DISTURBING THE PEACE

It shall be unlawful for any person to harbor or possess any dog which by its sound or cry or other activity shall disturb the peace, comfort, or property of the inhabitants of the neighborhood.

Section 18. RUNNING AT LARGE PROHIBITED

A. It is unlawful for any owner, possessor, keeper or lessee of any dog to fail to prevent the same from running at large. Any town employee or sheriff’s officer may impound any dog found running at large. Said impoundment shall be according to the provisions of Section 13 of this Ordinance.

B. It is lawful for any town employee or sheriff’s officer to go upon any property, using such force as may be reasonably necessary, for the purpose of pursuing and capturing any dog to be impounded pursuant to this Section.

C. If any dog is found at any place within the Town of Holly other than upon the premises of the owner, and not under control, the owner is presumed to have violated this Section.

Section 19. CRUELTY, HARASSMENT OR TORTURE

It is unlawful for any person to commit or cause to be committed any act of cruelty, harassment or torture to any dog or intentionally cause such dog to be mutilated or inhumanely killed.

Section 20. ENFORCEMENT

The provisions of this ordinance shall be enforced by the Town Administrator of the Town of Holly or by the Prowers County Sheriff’s Department acting on behalf of the Town of Holly.

Section 21. PENALTIES

Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not more than $1,000.00.

Section 22. SEPARABILITY OF PROVISIONS

It is the intention of the Board of Trustees that each separate provision of the ordinance shall be deemed independent of all other provisions therein, and it is further the intention of the Board of Trustees thereof that if any provision of this ordinance be declared invalid, all other provisions shall remain valid and enforceable.

WHEREAS, it is the opinion of the Board of Trustees for the Town of Holly that an emergency exists and this ordinance is necessary for the immediate preservation of public peace, health, and safety, and therefore this ordinance shall be in full force and effective immediately upon its adoption and publication.

ADOPTED THIS 1^ST DAY OF FEBRUARY, 2006.

/s/ David R. Willhite, Mayor

ATTEST: /s/ Teresa Neugebauer, Clerk/Treasurer

ORDINANCE 477

AN ORDINANCE AMENDING TOWN OF HOLLY ORDINANCE NO. 428, PERTAINING TO THE REGULATIONS OF AND REGULATING DOGS:

ALLOWING ADDITIONAL PROVISIONS RELATING TO DOGS FOUND RUNNING AT LARGE.

WHEREAS, the Board of Trustees of the Town of Holly, State of Colorado has determined that Section 13 and Section 18 of Ordinance No. 428 adopted previously by the Town of Holly are obsolete or otherwise deficient; and

WHEREAS, The Board of Trustees of the Town of Holly, State of Colorado deems it necessary to amend Section 13 and Section 18 of Ordinance No. 428.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF HOLLY, STATE OF COLORADO:

Section 1. RUNNING AT LARGE PROHIBITED

Ordinance No. 428 Amended Section 18.

C. Any town employee or sheriff’s officer may photographically record any dog found running at large. Said photographic evidence shall be the equivalent to the physical impoundment of the dog found running at large, as declared in Subsection A of this Section 18. Said photographic impoundment shall be according to the provisions of Section 13 of this Ordinance No. 428.

D. If any dog is found at any place within the Town of Holly other than upon the premises of the owner, and not under control, the owner is presumed to have violated this Section.

Section 2. IMPOUNDING

Ordinance No. 428 Amended Section 13.

B. Notice to owner or harborer and redemption. Not later than 2 days after the impounding of any dog, the owner or harborer shall be notified of such impounding, or if the owner or harborer of the dog is unknown, written notice shall be posted for three (3) days at two or more conspicuous places in the Town of Holy, describing the dog and the place and time of taking. The owner or harborer of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid; and all costs and charges incurred by the Town of Holly for impounding and maintenance of said dog. The following charges shall be paid to the Town Clerk:

(i) For impounding any dog, first offense: $ 50.00

(ii) For impounding any dog, second offense: $150.00

(iii) For impounding any dog, third offense: Summons to Municipal Court

(iv) Daily Board Fee: $ 10.00 per Day

(v) License fee shall be fixed at the discretion of the Board of Trustees.

C. Inoculation of dogs redeemed. Before the owner shall redeem any dog so impounded thereof, the owner thereof shall furnish proof of an anti-rabies inoculation upon said dog within the prior twelve-month period. Any owner unable to furnish such anti-rabies inoculation proof shall be required to deposit with the Town Clerk the sum of $35.00 which sum shall serve as performance bond to insure that the dog redeemed shall receive an anti-rabies inoculation upon its release from impoundment from the Town Clerk; the performance bond shall be returned to the owner upon the dog’s inoculation for rabies. Failure of the owner to produce proof of said anti-rabies inoculation within four (4) business days of the dog’s release shall cause a forfeiture of the performance bond fee and shall be an unlawful act punishable hereunder.

D. It shall be the duty of town employees to photograph any dog found running at large contrary to the provisions of this ordinance for the purpose of photographically impounding such dog. The Town Clerk shall keep a complete registry entering the breed, color and sex of such dog so impounded.

E. Notice to owner or harborer and redemption of photographic impoundment. The owner or harborer of any dog so impounded shall be notified by means of an invoice for the payment of the license fee, if unpaid; additionally, the following charges shall be paid to the Town Clerk:

(i) For photographic impoundment, first offense: $ 25.00

(ii) For photographic impoundment, second offense: $ 75.00

(iii) For photographic impoundment, third offense: Summons to Municipal Court

(iv) License fee shall be fixed at the discretion of the Board of Trustees.

It is the opinion of the Board of Trustees for the Town of Holly that an emergency exists and this amendment to Ordinance No. 428 is necessary for the immediate preservation of public peace, health, and safety, and therefore, this ordinance shall be in full force and effect immediately upon its adoption and publication.

INTRODUCED, APPROVED AND ORDERED PUBLISHED THIS 5^th DAY OF MAY, 2010.

ATTEST: /s/ Mary Rushton, Clerk/Treasurer /s/ Viola Melcher, Mayor Pro-tem