Title 6 ANIMALS. Chapter 6.04 LICENSING DOGS

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1 Title 6 ANIMALS Chapters: Sections: 6.04 Licensing Dogs 6.08 Livestock and Fowl Chapter 6.04 LICENSING DOGS Definitions License required Fee/penalty Issuance Numbering License Tag Impounding Vaccination Required Dangerous and Potentially Dangerous Dogs Indemnity Affirmative Defenses Running at Large or Dog Without proper Restraint Prohibited Barking Prohibited Number of dogs Pet Animal Facilities Violations Definitions. As used in this chapter, the following words have the following meanings: Bite means to be seized with the teeth or jaws so 35 (Julesburg 10/05)

2 that a person or animal has been nipped, gripped, wounded or the skin pierced. Bodily Injury means any physical injury that results in severe bruising, muscle tears, or skin laceration requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery. Control means physical restraint or influence over a dog by means of a leash, cord or chain not more than 10 in length and sufficient in strength to regulate the dog. Dangerous Dog means any dog that: (1) Has bitten, inflicted serious bodily injury, or caused the death of any person or domestic animal without provocation on public or private property; or (2) Has been previously found to be potentially dangerous, the owner having received notice of such and the dog again bites, attacks or endangers the safety of humans or domestic animals; provided, however, that dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, was abusing or assaulting the dog, or was committing or attempting to commit a crime. Dog refers to any animal of the canine species regardless of sex, including dogs of wild extraction, and a dog that is of any hereditary part related to wild canines, such as but not limited to the wolf family and the coyote family. Notice under this ordinance shall be deemed to have been issued and received by a dog owner if the notice was personally served on the dog owner, posted on the residence of the dog owner, or placed in the U.S. mail postage prepaid and addressed to the dog owner. Notices so served shall constitute notice to all members of that residence. Owner is any person, firm, association or corporation owning, keeping or harboring a dog. Potentially Dangerous Dog means any dog that when unprovoked attempts to bite, snap at, growl or cause injury on a human or a domestic animal, either on public or private property. Proper Enclosure a/k/a Escape-proof Enclosure for a dangerous and/or potentially dangerous dog means, while on the owner s property, the dog shall be securely confined 36 (Julesburg 10/05)

3 indoors or in a securely enclosed locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. There shall be BEWARE OF DOG signs posted at each entrance and/or exit of the enclosure, which are legible to passers-by, warning of the dog s presence. Proper Restraint of (1) a Potentially Dangerous dog while on the owner s property shall be in a Proper Enclosure and while off the owner s property the dog shall be under the physical restraint of the owner by way of leash and must be muzzled at all times after a second violation of Section 9 B. (2) a Dangerous dog while on the owner s property shall be in a Proper Enclosure and while off the owner s property the dog must be muzzled at all times. Any dangerous dog found in violation of Section 9 A constitutes a mandatory court appearance in which the Court may order the dog destroyed. Running at large means when a dog is off the premises of the dog s owner and not within a vehicle, a dog run, a fenced area or other confinement or not accompanied by and under the immediate control of the owner, or a member of the immediate family of the owner, an agent or employee, either by leash, cord or chain not to exceed 10 in length and sufficient in strength to control the dog. A dog shall not be deemed to be running at large if it is on private property with the permission of the owner of the property. Dog without Proper Restraint means a potentially dangerous dog or a dangerous dog in violation of proper restraint as all terms are defined above. (Ord , 2005, Ord , 2012) License required. It is unlawful for any person to keep a dog within the Town of Julesburg without having obtained a license for such dog from the Town Clerk on or before the fifteenth day of April each year. (Ord , 2005, Ord , 2012) Fee/penalty. The fee for licenses required by this article shall be set by Resolution of the Town Board from time to time. (Ord , 2005, Ord , 2012) Issuance. The Town Clerk shall, upon application, issue a dog license to any person desiring to keep a dog in the town upon payment in advance of the license 37 (Julesburg 10/05)

4 fee prescribed in this article and upon filing a certificate of vaccination as required by this ordinance. (Ord , 2005, Ord , 2012) Numbering. The Town Clerk shall number all dog licenses issued in the order in which they are issued. (Ord , 2005, Ord , 2012) License Tag. The Town Clerk shall furnish a metallic tag with each dog license issued, which tag shall bear the number of the license and the year the license was issued. The owner of each licensed dog shall have the tag attached to a collar to be worn by the dog so licensed. If the tag is lost, upon application, the Town Clerk shall furnish a duplicate thereof, which shall be placed on the dog as provided in this article. (Ord , 2005, Ord , 2012) Impounding. A. Any authorized agent of the Town may place in the pound any dog found running at large or unlicensed. In the alternative, if the agent knows the owner(s) of the dog, the agent may return the dog to the owner(s) and issue a citation to appear in municipal court to answer for the offense. B. If the dog is impounded, the Town shall send by regular mail a written notice of such impoundment to the owner, possessor or keeper of the dog if the address of such person be known. If the owner, possessor or keeper of such dog is not known or if the owner s address cannot be determined, the Town shall cause to be posted in the Town Clerk s office in a conspicuous place for at least 48 hours a Notice of Impoundment. Whether the notice herein provided be mailed or posted, it shall describe the dog, set forth the date of impoundment and set forth the location from which the dog was taken up. It shall further notify the owner to redeem the dog within a special time which shall be not less than 72 hours in the case of mailing or 96 hours in the case of posting. C. If the owner does not redeem the dog within the time specified in the notice, the Town s agent may destroy the dog, give it away, sell it for cash with the proceeds to be property of the Town. (Ord , 2005, Ord , 2012) Vaccination Required. It shall be the duty of every person who owns, keeps or harbors any dog in the town 38 (Julesburg 10/05)

5 to have the dog vaccinated for rabies by or under the direction of a doctor of veterinary medicine at least once every two years. Proof of current vaccination must be shown to obtain a license. (Ord , 2005, Ord , 2012) Dangerous and Potentially Dangerous Dogs. A. Dangerous dogs. (1) Any dangerous dog (as defined in Section D) that has been found running at large or running without proper restraint shall be impounded, and the owner shall be subject to a mandatory court appearance. If the dangerous dog bites or causes bodily injury to a human or other domestic animal, the Town has the authority to impound the dog at the owner's expense, until the owner appears on a mandatory court appearance. If found guilty, the court may order the dog to be destroyed and assess the full costs of the impoundment and/or euthanasia against the owner in addition to any other penalty imposed. (2) It shall be unlawful for any dog owner who keeps a dangerous dog (as defined in Section D) to keep the same unless confined in a locked enclosure, as indicated in Section I, so as not to interfere with the public thoroughfares, including sidewalks, bike paths, alleys or public easements. The enclosure must be sufficiently constructed to contain said dog and must be posted at each entrance and/or exit of the enclosure "Beware of Dog" or similar advisement. B. Potentially dangerous dogs. (1) A dog shall be designated a potentially dangerous dog only upon notice to the owner by the Town of such designation or upon determination by the municipal court. Upon notice by the Town, the owner shall have (10) ten days to request a hearing before the municipal court on whether such designation is valid. If the owner requests a hearing, the Town s designation shall be stayed until the municipal court rules upon the validity of the Town s designation. If the owner does not request a hearing, the owner shall have waived the right to a hearing and the dog will be designated as a potentially dangerous dog. (2) Any potentially dangerous dog that has caused no human injury or domestic animal injury and has been 38a (Julesburg 10/05)

6 found running at large or running without proper restraint may be impounded, and, if found guilty, the owner shall be fined an amount approved by the Town Board pursuant to Section for the first offense, second offense and third offense. The third offense shall result in a mandatory court appearance for the dog's owner. (3) It shall be unlawful to allow any potentially dangerous dog to run at large or to run without proper restraint and it is the responsibility of the dog owner to keep such a dog confined in a proper enclosure as defined in Section I at all times. C. Any dog that has been previously deemed dangerous by appropriate notification and while in violation of Section is found to have caused bodily injury to a person or animal, and repeats such incident or commits another violation of this Ordinance, shall automatically constitute a directive for impoundment and the Town shall make a request for the destruction of the dog at the court hearing. (Ord , 2005, Ord , 2012) Indemnity. The Town, the Town Board, any of its employees or agents or any peace officer or other person authorized to enforce this Ordinance shall not be held liable for the destruction of or injuries to a dog while carrying out the provisions of this Ordinance so long as said person was acting in good faith. (Ord , 2012) Affirmative Defenses. An affirmative defense to the violation of a dangerous dog or potentially dangerous dog attacking shall be: A. That, at the time of said attack by subject dog which causes injury or death of a domestic animal, such domestic animal was running at large, and entered upon the property of the owner of subject dog where referenced attack began, but did not necessarily end; B. That, at the time of said attack by subject dog which causes injury or death of a domestic animal, said domestic animal was biting or otherwise attacking subject dog or its owner or responsible companion and subject dog was otherwise conforming to the requirements of law as pertains to control; C. If a dog is provoked into biting or inflicting bodily injury or damage to the person or property of anyone other than the owner, such provocation shall constitute 38b (Julesburg 10/05)

7 an affirmative defense that may be pled by an owner who is in violation of this Ordinance on account of said biting. D. That the person who was victim of the attack by the dangerous dog tormented, provoked, abused, or inflicted injury upon the dog in such an extreme manner that it resulted in the attack. (Ord , 2005, Ord , 2012) Running at Large or Dog without proper Restraint Prohibited. It is unlawful for any owner of any dog in the town to permit the same to run at large within the Town as that phrase is defined in this Ordinance. It is also unlawful for any owner of a dangerous or potentially dangerous dog to allow the dog to be without proper restraint as the same is defined in this ordinance. (Ord , 2005, Ord , 2012) Barking Prohibited. It is unlawful for any person owning, possessing, or keeping custodial or supervisory authority or control over any dog to permit the dog by loud and persistent or habitual barking, howling, yelping, or by making any other persistent or habitual noise, to disturb or tend to disturb, the peace of any other person. (Ord , 2005, Ord , 2012) A. Upon receipt of a complaint of a violation of Subsection A of this Section, the Town will cause a warning notice to be issued to the dog owner. B. A summons and complaint may be issued only: (1) after the dog owner has been given a warning notice, (2) after three (3) days from issuance of the notice to correct the problem has passed, and (3) two (2) persons from separate households have signed the complaint, provided that if there is only one (1) occupied residence in the immediate area of the location of the barking dog, only the complaining person need sign the complaint. C. Whenever a person is charged with a violation of Subsection A of this Section, the person shall not be convicted thereof, unless the person has, within the twelve month period immediately preceding the date of issuance of the summons and complaint charging a violation of Subsection A of this Section, received at least one (1) warning by the Town, and further, unless one (1) or more persons from households separate of the complaining person testify at the trial or issue 38c (Julesburg 10/05)

8 statements corroborating the testimony of the complaining person, provided that if there is only one occupied residence in the immediate area of the location of the barking dog, only the complaining person shall need to testify. (Ord , 2005, Ord , 2012) Number of Dogs. A. No more than three (3) dogs over the age of four (4) months shall be kept or maintained at any one street address within the Town. Each dwelling unit shall be considered to have a separate address for purposes of this Section; except that a main dwelling unit and a secondary dwelling unit on a residential lot shall be considered to have one (1) street address. B. Non-conforming addresses existing at the date this Section is adopted are exempted so long as the number of animals is reduced to the limit of three (3) upon death or removal of animals from property. C. Pet Animal Facilities, as defined in Secton , and Veterinary Clinics and Hospitals are exempt from this Section (Ord , 2012) Pet Animal Facilities. A. Definitions (1) "Pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any other species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet. (2) "Pet animal facility" means any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring such animals. "Pet animal facility" also includes any individual animals kept by such a facility as breeding stock. B. Each pet animal facility operating within the Town shall obtain a small business license to operate approved by the Town. Small business licenses for pet animal facilities will be issued based on the following conditions: (1) Compliance with the provisions of Municipal Code (F)(7), including amendments made from time to time. 38d (Julesburg 10/05)

9 (2) The owner shall present documentary proof the facility is licensed by the Colorado Department of Agriculture as a pet animal facility. C. Small business licenses for pet animal facilities will be renewed on the following condition: Presentation of documentary evidence of the most recent inspection by the Colorado Department of Agriculture under the Pet Animal Care and Facilities Act demonstrating a satisfactory inspection, provided the facility is not exempt under the Act. D. This Section shall not apply to veterinary clinics or hospitals. (Ord , 2012) Violations. Any person found guilty of violating this Ordinance shall be punished for each violation by a fine of not more than three hundred dollars or by imprisonment for not more than ninety days, or both, in the discretion of the court. Each violation of this Ordinance shall be considered a separate violation. The following fines shall apply: A. Failure to vaccinate or obtain and wear license: 1 st offense: up to $ nd offense: up to $ rd offense: up to $ plus mandatory court appearance B. Violation of Running at Large: 1 st offense: up to $ nd offense: up to $ rd offense up to $ plus mandatory court appearance C. Violations of Section A (Dangerous Dogs): A mandatory court appearance with a minimum fine of: 1 st offense:: up to $ plus keep in locked enclosure and muzzled 2 nd offense: up to $ plus keep in locked enclosure and muzzled 3 rd offense: up to $ plus keep in locked enclosure and muzzled D. Violations of Section B (Potentially Dangerous Dogs): 1 st offense: up to $ nd offense: up to $ plus keep confined in proper enclosure and leash and muzzled 3 rd offense: up to $ plus mandatory court appearance 38e (Julesburg 10/05)

10 E. Violations of Section (Number of Dogs) 1 st offense: up to $ nd offense: up to $ rd offense: up to $ plus mandatory court appearance Any violations not enumerated above shall be fined at the discretion of the court. In addition to any other fines or sentence, the Court may order that restitution be made to the victim or victims including any injured animal. Said restitution should include reasonable and necessary medical expense incurred by the injured party or its animal and may also include the replacement value of any property damaged by the Defendant s dog. (Ord , 2005, Ord , 2012) PRIOR ORDINANCES NO. 326, 377, 394, AND 417 AS WELL AS ANY OTHER TOWN OF JULESBURG ORDINANCES IN CONFLICT WITH THIS ORDINANCE, ARE HEREBY REPEALED. 39 (Julesburg 10/05)