Denver, Colorado

Denver, Colorado
Revised Municipal Code of City and County of Denver Colorado

Chapter 8 ANIMALS*
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*Cross references: Trespassing with large animals, § 38-73; abandoning animals in parks prohibited, § 39-10; disturbing animals prohibited in parks, § 39-11; loose animals prohibited in parks, § 39-12; proper housing of animals for ratproofing, § 40-51; restrictions on animals within central business district, § 54-133.
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Art. I. In General, §§ 8-1--8-15

Art. II. Dogs and Cats, §§ 8-16--8-60

Div. 1. Generally, §§ 8-16--8-30

Div. 2. Vaccination, §§ 8-31--8-45

Div. 3. Protection Against Animals, §§ 8-46--8-60

Art. III. Dog and Cat Licensing, §§ 8-61--8-80

Art. IV. Livestock and Fowl, §§ 8-81--8-100

Div. 1. Generally, §§ 8-81--8-90

Div. 2. Permit, §§ 8-91--8-100

Art. V. Kennels, Pet Grooming Shops, Pet Shops and Pet Hospitals, §§ 8-101--8-120

Div. 1. Generally, §§ 8-101--8-110

Div. 2. License, §§ 8-111--8-120

Art. VI. Health Regulations, §§ 8-121--8-130

Art. VII. Cruelty to Animals, §§ 8-131--8-145

Art. VIII. Impoundment, §§ 8-146--8-154

ARTICLE I. IN GENERAL

Sec. 8-1. Imported animals.

All animals which are brought into the city shall be in compliance with the laws and rules and regulations of the state regarding the handling of such animals.

(Code 1950, § 753.16)

Sec. 8-2. Keeping wild or dangerous animals prohibited.

(a)     It shall be unlawful for any person to own, possess, keep, maintain, harbor, transport or sell within the city any living wild or dangerous animal; provided, however, that the following organizations or entities shall be exempt from this section:

(1)     The Denver Zoological Gardens;

(2)     Any circus, rodeo or livestock show licensed by the city;

(3)     Any research institute approved by the manager of environmental health to harbor, maintain or keep wild or dangerous animals; and

(4)     Any wildlife rehabilitator licensed by the Colorado Division of Wildlife who temporarily keeps raptors or wild animals within the city, when the purpose is to return the birds or animals to the wild.

(b)     The term wild or dangerous animal, for the purposes of this section, shall mean and include any and all species of the following:

(1)     Poisonous reptiles;

(2)     Monitor lizards and teglis;

(3)     Nonpoisonous snakes with a length greater than six (6) feet;

(4)     Crocodilians;

(5)     Poisonous spiders;

(6)     Scorpions;

(7)     All species of nonhuman mammals except:

a.     Domestic cat (Felis catus), however, this exception shall not apply to any animal that is the offspring (hybrid cross) of a domestic cat and any other species of cat unless the non-domestic cat ancestor was of the Bengal cat (Felis bengalensis) species and that all ancestors of the cat have lived in captivity for at least the preceding five (5) generations (F4);

b.     Chinchilla (Chinchilla laniger);

c.     Domestic dog (Canis familiaris), except that dogs trained for fighting shall be prohibited;

d.     Domestic ferret (Mustela putoris furo);

e.     Mongolian gerbil (Meriones unguicularus);

f.     Guinea pig (Cavia porcellus);

g.     Hamster (Mesocricetus auratus);

h.     Domestic laboratory mouse (Mus domesticus);

i.     Domestic rabbit (Oryctolagus cuniculus);

j.     Domestic laboratory rat (Rattus rattus albino strain);

k.     Domestic species of livestock as listed in section 8-91;

l.     Central African hedgehogs (Atelerix albiventris), Algerian hedgehogs (Atelerix algirus), and sugar gliders (Petaurus breviceps).

(Code 1950, § 760.9-2; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 62-03, §§ 5, 6, 2-2-04)

Sec. 8-3. Herding and grazing unlawful unless securely picketed or tied.

(a)     It shall be unlawful for any person to allow to run at large or to herd or graze any cattle, hogs, sheep, poultry, or any animal, upon or in any street, alley or other public way or place in the city, or upon any vacant or unenclosed lots or blocks or other unenclosed or vacant premises in the city, whether such animals are attended by any person or not.

(b)     The provisions of subsection (a) shall not be held to apply to any animal securely tied or staked on private property, beyond the reach of any tree or ornamental shrub.

(c)     Any animal found grazing or being herded within the city limits in violation of this section shall be deemed and taken to be running at large and shall be dealt with in accordance with the provisions of this article.

(Code 1950, § 751.1)

Sec. 8-4. Definitions.

For purposes of this chapter, the words, phrases and terms found in this section shall be defined as follows:

(1)     Attack shall mean violent or aggressive physical contact with a person or animal, or violent or aggressive behavior that confines the movement of a person, including, but not limited to, chasing, cornering or encircling a person.

(2)     Inoculation shall mean the inoculation of a dog or cat with a vaccine licensed by the United States Department of Agriculture for use in the prevention of rabies.

(3)     Manager shall mean the manager of environmental health or the manager's designee.

(4)     Owner shall mean any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells an animal.

(5)     Permit shall mean to allow or let happen and shall not include a state of mind requirement.

(6)     Pit bull shall mean as defined in section 8-55(b)(2).

(7)     Approved animal adoption or humane organization shall mean any organization that meets all the criteria set out in subsections 8-153.5(e) and has agreed to participate in the Denver municipal animal shelter animal adoption network.

(8)     Running at large shall mean any dog deemed to be running at large by section 8-16(b).

(9)     Vaccination or vaccination for rabies shall mean the inoculation of a dog or cat with a vaccine licensed by the United States Department of Agriculture for use in the prevention of rabies.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 999-95, § 2, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 810-98, § 1, 11-16-98; Ord. No. 574-01, § 1, 7-9-01)

Secs. 8-5--8-15. Reserved.

ARTICLE II. DOGS AND CATS

DIVISION 1. GENERALLY

Sec. 8-16. Leash law.

(a)     It shall be unlawful for any owner, possessor or person who keeps any dog to permit the same to run at large.

(b)     A dog shall be deemed to be running at large when:

(1)     Not on the premises of the owner, possessor or keeper thereof and not controlled through use of a leash, cord or chain held by the dog's owner, possessor or keeper or an agent, servant or member of the immediate family thereof; or

(2)     On the premises of the owner, possessor or keeper, but confined in such a way as to allow the dog to have access to the public right-of-way.

(c)     It shall be the duty of the chief of police and all other police officers to see that a dog found running at large is taken up and impounded in the municipal animal shelter, and such dog may be so taken up without the necessity of filing a complaint and shall be impounded and disposed of in accordance with provisions of article VIII of this chapter.

(d)     Any police officer, including special police, who is employed by the city is hereby authorized to issue a summons and complaint to any person when such officer personally observes a violation of the provisions of this section or when information is received from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of this section have occurred.

(e)     Paragraph (a) of this section shall not apply to persons who are at least eighteen (18) years of age who own, possess, or control a dog while that dog is within a designated off-leash enclosure.

(f)     The manager may, with the concurrence and consent of the chief agency executive with control responsibility for the property involved, designate specific areas for dog off-leash enclosures. The manager shall, pursuant to article VI of chapter 2 of this Code, propose to the board of environmental health rules and regulations for the construction and use of dog off-leash enclosures.

(Code 1950, §§ 752.1--752.3; Ord. No. 94-81, § 1, 3-9-81; Ord. No. 260-92, § 1, 5-4-92; Ord. No. 809-98, § 1, 11-16-98)

Cross references: Streets, sidewalks and other public ways, Ch. 49.

Sec. 8-17. Interference with Denver Municipal Animal Shelter employees.

(a)     It shall be unlawful for any person to interfere with, molest or hinder any employee of the Denver Municipal Animal Shelter in the discharge of his or her duty provided in this chapter.

(b)     It shall be unlawful for any person to fail to obey a lawful order of a Denver Municipal Animal Shelter code investigator if such failure interferes with or hinders such code investigator in the discharge of his or her official duties. For purposes of this subsection, the term lawful order shall be strictly construed and shall include only such orders that relate directly to matters of substantial importance in the discharge of the official duties of animal shelter investigators. It is an affirmative defense to this subsection that failure to obey the lawful order did not interfere with or hinder the code investigator.

(Code 1950, § 753.18; Ord. No. 270-92, § 1, 5-11-92)

Secs. 8-18--8-30. Reserved.

DIVISION 2. VACCINATION

Sec. 8-31. Failure to vaccinate.

It shall be unlawful for the owner of any domestic dog or cat over the age of six (6) months to possess, keep or maintain within the city any dog or cat that is not currently vaccinated for rabies in accordance with the provisions of this Code.

(Code 1950, § 753.1; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-32. Rabies vaccination required.

It shall be unlawful for any person who owns or harbors any dog or cat in the city to fail to have such dog or cat vaccinated for rabies by a licensed Colorado veterinarian, unless such person presents to the manager a written statement from a licensed Colorado veterinarian that vaccination for rabies would be detrimental to the health of the specific dog or cat. Such vaccination shall be performed on or before the appropriate anniversary date of the initial vaccination. Any person who acquires within the city a dog or cat has a duty to have it vaccinated within thirty (30) days of such acquisition unless the dog or cat has not yet reached an age at which it is safe to vaccinate the animal; provided, however, that in any case the dog or cat must be vaccinated before reaching the age of six (6) months.

(Code 1950, § 753.2; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 810-98, § 2, 11-16-98)

Sec. 8-33. Imported dogs or cats.

If an imported dog or cat remains in the city more than thirty (30) days, the dog or cat shall be registered in accordance with the provisions of this division of the Code. Any current certificate of rabies vaccination issued to the owner of the dog or cat by a licensed veterinarian outside of the city shall be exchanged for a current vaccination-registration tag of the city.

(Code 1950, § 753.16; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-34. Manager to prepare certificates, etc.

(a)     The manager shall authorize vaccination certificates and corresponding vaccination tags. These certificates shall provide spaces for information necessary to identify the animal and the type of vaccine used and such other information the manager shall require consistent with this chapter, to be provided by or under the direction of a licensed Colorado veterinarian.

(b)     The tag shall be made of durable material suitable to be attached to the collar or harness of the inoculated dog or cat. Such tag shall state the year for which issued and the series number of the certificate and tag. Such tags and certificates shall be prepared and distributed without charge by the manager to licensed Colorado veterinarians for the purpose of vaccinating dogs and cats owned by Denver residents.

(Code 1950, § 753.3; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 810-98, § 3, 11-16-98)

Sec. 8-35. Duty of veterinarians.

It shall be the duty of every licensed Colorado veterinarian when inoculating any dog or cat in the city to fill out a certificate with the information required by section 8-34 and to immediately present one (1) copy to the owner or harborer of the inoculated dog or cat and to mail one (1) copy to the office of the manager within five (5) days from the date of the inoculation. A third copy of the certificate shall be retained by the veterinarian. At the time of the inoculation of any dog or cat, the veterinarian shall also deliver to the owner or harborer of the dog or cat the tag obtained from the manager as evidence of such inoculation.

(Code 1950, § 753.4; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-36. Tag to be attached to collar and certificate retained by owner.

Every owner or harborer of a dog shall attach the tag evidencing inoculation with anti-rabic vaccine to the collar or harness of the inoculated dog and such collar or harness shall be worn by the dog at all times. The copy of the certificate shall be retained by the owner or harborer of the inoculated dog for inspection by the authorized representatives of the manager.

(Code 1950, § 753.5; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-37. Registration; term.

The manager shall file and register copies of such certificates received as provided in section 8-35 and retain and file the same as the official registry of all dogs and cats inoculated with anti-rabic vaccine for the city.

(Code 1950, § 753.6; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-38. Vaccination without cost at discretion of manager.

The manager shall, at the manager's discretion, provide for the vaccination of any dog or cat without cost to the owner or harborer thereof in hardship cases and in such instances that vaccination service is not available elsewhere for a reasonable fee.

(Code 1950, § 753.7; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-39. Unlawful possession of tags and certificates.

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

(Code 1950, § 753.17; Ord. No. 270-92, § 1, 5-11-92)

Secs. 8-40--8-45. Reserved.

DIVISION 3. PROTECTION AGAINST ANIMALS

Sec. 8-46. Barking dog nuisance.

(a)     It shall be unlawful for any owner, possessor or keeper of any dog to permit such dog to disturb any person or neighborhood by loud and persistent or habitual barking, howling or yelping. No summons and complaint shall be issued for any violation of this section unless there are at least two (2) or more complaining witnesses from separate households who have signed such complaint. In appropriate cases, as determined by the manager of the department of environmental health or their designee, any animal control officer or police officer who has personally investigated the complaint of a single complainant, and observed problem behavior of the dog with regard to its loud and persistent or habitual barking, howling or yelping, may be the second complaining witness.

(b)     In any prosecution for a violation of this section, the fact that any loud dog barking which disturbed any person or neighborhood occurred either:

(1)     Between the hours of 10:30 p.m. and 7:30 a.m.; or

(2)     When none of the residents who reside at the place where the barking dog is being kept are at home;

shall create a rebuttable presumption that the dog barking was unlawful.

(c)     Any dog which has been allowed or permitted to persistently and chronically violate this section, as demonstrated by one (1) or more convictions for violating this section, and the receipt of subsequent complaints from more than one (1) household, is declared to be a public nuisance and may be impounded upon compliance with the procedures outlined in subsections (d) through (h).

(d)     Whenever any chronic barking dog nuisance as defined in subsection (c) of this section is found on any premises within the jurisdiction of the city, a written notice shall be given to the owner, possessor or keeper of the dog, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the dog is located, or a written notice shall be posted at such premises when none of the above people can be found at the premises. Such notice shall be signed by the director of the municipal animal shelter or his or her authorized representative and shall give the person or persons to whom it is directed no less than seventy-two (72) hours (three (3) days) nor more than one hundred twenty (120) hours (five (5) days) to abate the chronic barking dog nuisance. Such notice shall also state that the dog may be impounded if the barking dog nuisance is not abated.

(e)     If, after the time given to comply with the notice has passed, the barking dog nuisance has not been abated, the director of the municipal animal shelter may: summarily abate the barking dog nuisance by impounding the barking dog; assess the costs of such abatement against the property or owner thereof, to be collected by suit or otherwise; and issue a citation for the violation of this section. The impoundment shall continue until the resolution of the citation issued in conjunction with the impoundment or, until the manager or a hearing officer has conducted the administrative hearing described in this section and determined that the dog does not constitute a barking dog nuisance and should be released.

(f)     At the time any dog is impounded as a barking dog nuisance, the director or their designee shall serve a notice on the owner, possessor or keeper of the dog, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the dog is located; or a written notice shall be posted at such premises when none of the above people can be found at the premises. Such notice shall be signed by the director of the municipal animal shelter or his or her authorized representative. Such notice shall state that the dog has been impounded as a chronic barking dog nuisance under this section; that the owners, possessors, and keepers of the dog are entitled to a hearing to contest the impoundment; that to obtain such a hearing, the owner, possessor, or keeper must submit a written petition for release of the dog, containing the petitioner's name and address, including mailing address, and the reason the dog should not be classified as a chronic barking dog nuisance; and that this petition must be filed with the manager within seven (7) days of the impoundment. If the last day of this seven-day period falls on a Saturday, Sunday, or holiday, the time for filing the petition shall be extended to the next regular business day.

(g)     When a dog has been impounded pursuant to this section, and the owner, possessor or keeper of such dog disputes the classification of such dog as a chronic barking dog nuisance, the owner, possessor or keeper of such dog may file a written petition for a hearing concerning such classification with the manager no later than seven (7) days after impoundment. If the last day of this seven-day period falls on a Saturday, Sunday, or holiday, the time for filing the petition shall be extended to the next regular business day. Such petition shall include the petitioner's name and address, including mailing address and the reason the petitioner believes the dog should not be classified as a chronic barking dog nuisance. The petition shall be set for a hearing to be held on a date no more than twenty (20) days after the date the petition is filed. The manager, or the manager's designee, shall issue a notice of the hearing date by mailing a copy to the petitioner's address no later than ten (10) days prior to the date of the hearing. Where the owners, possessors, or keepers of the dog fail to file a written petition with the manager within seven (7) days of the impoundment, excluding Saturdays, Sundays, and holidays, they shall be deemed to have waived their right to a hearing to contest the classification of the dog as a chronic barking dog nuisance.

(h)     The hearing on the chronic barking dog classification shall be held before the manager or a hearing officer designated by the manager. The sole issue at the hearing shall be whether the dog constitutes a chronic barking dog nuisance as defined in subsection (c) of this section. The hearing shall not address the sufficiency of abatement or any other issues.

(i)     It shall be unlawful to fail to comply with a notice to abate a nuisance issued as provided in subsection (d).

(Code 1950, § 754.1; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 800-97, § 1, 11-10-97)

Cross references: Noise control generally, Ch. 36.

Sec. 8-47. Disposition of excrement.

It shall be unlawful for any person who possesses, harbors or is in charge of any dog, cat or other animal not to immediately remove excrement deposited by the animal upon a common thoroughfare, street, sidewalk, play area, park, or upon any private property when permission of the owner or tenant of the property has not been obtained, and such is hereby deemed to be a public nuisance and prohibited. Dog, cat or other animal excrement shall not be placed in storm sewers, but may be placed in trash containers if contained in a closed plastic bag or other closed or airtight nonporous container.

(Code 1950, § 754.1; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-48. Damaging property.

It shall be unlawful for any owner, possessor or person who keeps any dog, cat or other animal to permit such animal, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such animal, and the same is hereby declared to be a public nuisance and prohibited.

(Code 1950, § 754.1; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-49. Complaint procedure for sections 8-46, 8-47 and 8-48.

(a)     Any person who witnesses or has other personal knowledge that an act made unlawful by the provisions of sections 8-46, 8-47 and 8-48 has been committed may sign a complaint against the alleged violator pursuant to the provisions of article II of chapter 14.

(b)     Reserved.

(c)     Any police officer, including special police, who is employed by the city, is hereby authorized to issue a summons and complaint to any person when said officer personally observes a violation of the provisions of sections 8-46, 8-47 and 8-48, or when information is received from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of sections 8-46, 8-47 and 8-48 have occurred.

(Code 1950, § 754.1; Ord. No. 94-81, §§ 1, 3, 3-9-81)

Sec. 8-50. Abatement of nuisances in sections 8-46, 8-47 and 8-48.

The judge of the county court, in addition to any punishment under section 1-13, may order the owner, possessor or keeper of the dog, cat or other animal to abate the nuisance created under sections 8-46, 8-47 or 8-48 within five (5) days thereafter. Failure to abate the nuisance after the expiration of the five-day period shall be deemed a violation of this division of the Code.

(Code 1950, § 754.1-5(1); Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-51. Dog attack or bite.

(a)     No person who owns, possesses, keeps or exercises control over any dog shall do the following:

(1)     Permit the dog to attack or bite any person or domestic animal not on the premises of such owner, possessor or keeper.

(2)     Permit the dog to attack or bite any person or domestic animal upon the premises of the residence of such owner, possessor or keeper or upon the premises of any business establishment not then open to the public. It is an affirmative defense to this paragraph if such premises are previously posted at each entrance with a prominent and conspicuous sign warning all persons, in lettering not less than two (2) inches in height, of the dog and if the dog is confined, as that term is defined in section 8-52(b). It is also an affirmative defense to this paragraph that the attack or bite by the dog was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property.

(3)     Permit the dog to attack or bite any person or domestic animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this paragraph that the attack or bite by the dog was necessary to prevent or apprehend a person engaged in committing an act of violence, robbery or theft upon the property.

(b)     The provisions of this section shall not apply to any law enforcement officer who uses a dog while engaged in law enforcement activities, nor to any owner, possessor or keeper of any dog which attacks or bites a person engaged in physically attacking or striking such owner, possessor or keeper.

(Code 1950, § 754.2; Ord. No. 94-81, §§ 1--3, 3-9-81; Ord. No. 121-84, § 1, 3-26-84; Ord. No. 215-87, § 1, 4-20-87; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-52. Dangerous dogs.

(a)     For purposes of this section, "dangerous dog" shall mean one (1) of the following:

(1)     Any dog with a known propensity or disposition to attack unprovoked, to cause injury to or to otherwise endanger the safety of humans or other domestic animals.

(2)     Any dog that, as defined in section 8-51(a), attacks or bites any person or domestic animal.

(b)     A dog is "confined" as the term is used in this section if such dog is securely confined indoors or confined in a secure enclosure which meets the following requirements:

(1)     The enclosure must have secure sides and a secure top, or all sides must be at least eight (8) feet high;

(2)     The enclosure must have a bottom permanently attached to the sides or sides embedded into the ground not less than one (1) foot; and

(3)     The enclosure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.

This section does not relieve the owner, possessor or keeper of a dog from the obligation to comply with any section of this Code concerning zoning requirements for fences.

(c)     No person who owns, possesses, keeps or exercises any control over a dangerous dog shall permit such dog to be on the premises of such person without being confined.

(d)     No person who owns, possesses, keeps or exercises any control over a dangerous dog shall permit such dog to go beyond the premises of such person unless the dangerous dog is securely leashed and muzzled, except that a dangerous dog shall not be required to be muzzled when shown in a dog show.

(Ord. No. 215-87, § 1, 4-20-87)

Editor's note: Prior to amendment by § 1 of Ord. No. 215-87, adopted April 20, 1987, § 8-52 pertained to provisions now codified in § 8-54.

Sec. 8-52.1. Enclosures; inspection; fee.

The manager has authority to inspect any "enclosure" as that term is used in section 8-52 to ensure compliance with the requirements set forth therein. The manager may impose an inspection fee in such amount as provided by the board of environmental health, except that at the manager's discretion such fee may be waived in whole or part if the payment would create unnecessary hardship.

(Ord. No. 62-03, § 7, 2-2-04)

Sec. 8-53. Enforcement of sections 8-51 and 8-52.

(a)     Any person who witnesses or has other personal knowledge that an act made unlawful by section 8-51 or section 8-52 has been committed may sign a complaint against the alleged violator pursuant to the provisions of article II of chapter 14 of this Code.

(b)     Any police officer, special police officer or animal warden employed by the city is authorized to issue a summons and complaint to any person when the officer or warden personally observes a violation of the provisions of section 8-51 or 8-52 or when information is received from any person who has personal knowledge that an act which is made unlawful by section 8-51 or 8-52 has occurred.

(c)     The county court is empowered to hold ex parte hearings to determine whether reasonable grounds exist to believe that a dog may constitute a danger to any person or persons if not impounded or destroyed. After the hearing, if the court finds that reasonable grounds exist, the court is empowered to enter orders, either on its own motion or on the motion of the manager, to have the dog destroyed or to seize and impound or continue the impoundment of the dog until the completion of all legal proceedings held in county court to determine whether a violation of section 8-51 or section 8-52 has occurred. If a dog is ordered to be impounded or destroyed pursuant to this subsection, the person who owns, possesses or keeps the dog shall be entitled to a hearing in the county court within fourteen (14) days of the order to review the propriety of the order.

(d)     The county court, in addition to any punishment under section 1-13 of this Code, may order the person who owns, possesses, keeps or exercises control over a dog to confine the dog immediately and continuously so as to prevent the dog from attacking or biting any person or animal, or may order such other dispositive action, including destruction of the dog, as deemed necessary by the court. Failure to comply with any such order shall be deemed a violation of this section.

(Ord. No. 215-87, § 1, 4-20-87; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-54. Application of this division to nonresident.

The provisions of this division shall apply to animals owned, possessed or kept by residents of the city and nonresidents remaining temporarily in or passing through the city, and to animals brought into the city for exhibition.

(Code 1950, § 754.3; Ord. No. 215-87, § 1, 4-20-87; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-55. Pit bulls prohibited.

(a)     It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull.

(b)     Definitions.

(1)     An "owner," for purposes of this chapter, is defined as any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells an animal.

(2)     A "pit bull," for purposes of this chapter, is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The A.K.C. and U.K.C. standards for the above breeds are on file in the office of the clerk and recorder, ex officio clerk of the City and County of Denver, at City Clerk Filing No. 89457.

(3)     A "secure temporary enclosure," for purposes of this chapter, is a secure enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.

(c)     Exceptions. The prohibition in subsection (a) of this section shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal pursuant to subsection (e) of this section, and shall operate to prevent the owner from asserting such exception as a defense in any prosecution under subsection (a).

(1)     The owner of a pit bull, who has applied for and received a dog license for such pit bull pursuant to section 8-61 at the Denver Municipal Animal Shelter on or before the date of publication of the ordinance enacting this section 8-55 [August 7, 1989], who has applied for and received a pit bull license in accordance with subsection (d) of this section, and who maintains the pit bull at all times in compliance with the put bull license requirements of subsection (d) of this section and all other applicable requirements of this chapter, may keep a pit bull within the city.

(2)     The city's municipal animal shelter may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this chapter.

(3)     Any humane society operating an animal shelter which is registered and licensed by the city may temporarily hold any pit bull that it has received or otherwise recovered, but only for so long as it takes to contact the city's municipal animal shelter and either turn the pit bull over to the municipal animal shelter employees or receive permission to destroy or have destroyed the pit bull pursuant to the provisions of subsection (e).

(4)     A person may temporarily transport into and hold in the city a pit bull only for the purpose of showing such pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the manager, must obtain any other permits or licenses required by city ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and holds a pit bull for showing shall, at all times when the pit bull is being transported within the city to and from the place of exhibition, contest, or show, keep the pit bull confined in a "secure temporary enclosure" as defined in subdivision (b)(3).

(5)     Except as provided in subdivision (4), above, the owner of a pit bull may temporarily transport through the city a pit bull only if such owner has obtained a valid transport permit from the manager. Upon request, the manager shall issue such permits only upon a showing by the owner that the pit bull is being transported either from a point outside the city to a destination outside the city, or from a point outside the city to an airport, train station or bus station within the city. In the latter case, such owner must provide evidence of an intent to send or take the pit bull outside of the city by producing an airline, train or bus ticket, or other equivalent document, showing a departure time within six (6) hours of the time of the transport. At all times when the pit bull is being transported within the city, it must be kept confined in a "secure temporary enclosure" as defined in subdivision (b)(3) of this section. In all cases before issuing a transport permit, the manager must find that the transport would not constitute an unnecessary or undue danger to the public health, welfare or safety, and shall not issue the permit where the manager cannot so find. All transport permits issued shall only be valid for the time, date and pit bull specified on the permit, and shall not be construed to permit any activity otherwise prohibited.

(d)     The owner of any pit bull which had been licensed pursuant to section 8-61 on or before the date of publication of the ordinance enacting this section 8-55 (Ordinance No. 404, Series of 1989) shall be allowed to keep such pit bull within the city upon compliance with the terms of the exception contained in subdivision (c)(1) of this section only if the owner applies for and receives an annual pit bull license on or before January 1, 1990. As a condition of issuance of a pit bull license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations:

(1)     The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee of fifty dollars ($50.00).

(2)     The owner of the pit bull shall keep current the license for such pit bull through annual renewal. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A pit bull license tag will be issued to the owner at the time of issuance of the license. Such license tag shall be attached to the pit bull by means of a collar or harness and shall not be attached to any pit bull other than the pit bull for which the license was issued. If the pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a two-dollar fee.

(3)     The owner must be at least twenty-one (21) years of age as of January 1, 1990.

(4)     The owner shall present to the manager proof that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by a pit bull during the twelve-month period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide written notice to the manager not less than fifteen (15) days prior to any cancellation, termination, or expiration of the policy.

(5)     The owner shall, at the owner's own expense, have the pit bull spayed or neutered and shall present to the manager documentary proof from a licensed veterinarian that this sterilization has been performed.

(6)     The owner shall bring the pit bull to the Denver Municipal Animal Shelter where a person authorized by the manager shall cause a registration number assigned by the department to be tattooed or otherwise marked on the pit bull. The manager shall maintain a file containing the registration numbers and names of the pit bulls and the names and addresses of the owners. The owner shall notify the manager of any change of address.

(7)     At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull "confined," as that term is defined in subsection 8-52(b). At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either securely leashed and muzzled or in a "secure temporary enclosure," as that term is defined in subdivision (b)(3) of this section.

(8)     The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owner's immediate family who will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the manager within five (5) days in the event that the pit bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner must deliver the puppies to the Denver Municipal Animal Shelter for destruction or permanently remove the puppies from Denver and provide sufficient evidence of such removal by the time the puppies are weaned, but in no event shall the owner be allowed to keep in Denver a pit bull puppy born after the date of publication of Ordinance No. 404, Series 1989, that is more than eight (8) weeks old. Any pit bull puppies kept contrary to the provisions of this subdivision are subject to immediate impoundment and disposal pursuant to subsection (e) of this section.

(9)     The owner shall have posted at each possible entrance to the owner's property where the pit bull is kept a conspicuous and clearly legible pit bull sign. Such pit bull sign must be at least eight (8) inches by ten (10) inches in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two (2) inches in height.

(e)     Notwithstanding the provisions of Article VIII of this chapter, the manager is authorized to immediately impound any pit bull found in the City and County of Denver which does not fall within the exceptions listed in subsection (c), above, and the municipal animal shelter may house or dispose of such pit bull in such manner as the manager may deem appropriate, except as the procedures in subsection (f), below, otherwise require.

(f)     When the manager has impounded any pit bull dog pursuant to this section, and the owner of such dog disputes the classification of such dog as a pit bull, the owner of such dog may file a written petition with the manager for a hearing concerning such classification no later than seven (7) days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner. The manager will then issue a notice of hearing date by mailing a copy to the petitioner's address no later than ten (10) days prior to the date of the hearing. Where no written request from the owner for a hearing is received by the manager within seven (7) days of impoundment, the pit bull shall be destroyed.

The hearing, if any, will be held before the manager or a hearing officer designated by the manager. Any facts which the petitioners wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing. The manager or hearing officer shall make a final determination whether the dog is a pit bull as defined in subsection (b)(2) of this section. Such final determination shall be considered a final order of the manager subject to review under Rule 106(a)(4) of the state rules of civil procedure.

If the dog is found to be a pit bull, it shall be destroyed, unless the owner produces evidence deemed sufficient by the manager that the pit bull is to be permanently taken out of Denver and the owner pays the cost of impoundment. If the dog is found not to be a pit bull, the dog shall be released to the owner. The procedures in this subsection (f) shall not apply and the owner is not entitled to such a hearing with respect to any dog which was impounded as the immediate result of an attack or bite as defined in section 8-51. In those instances, the dog shall be handled and the procedures governed by the provisions of article VIII of this chapter.

(Ord. No. 404-89, § 1, 7-31-89; Ord. No. 631-89, § 1, 10-23-89; Ord. No. 1110-96, § 1, 12-16-96)

Secs. 8-56--8-60. Reserved.

ARTICLE III. DOG AND CAT LICENSING*

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*Editor's note: Ord. No. 999-95, § 1, adopted Dec. 4, 1995, amended this article in its entirety, in effect repealing former §§ 8-61--8-70 and enacting similar new provisions as §§ 8-61--8-73. Formerly, such provisions derived from §§ 757.1--757.6 of the 1950 Code as amended by Ord. No. 341-81, § 1, adopted June 29, 1981; Ord. No. 29-86, § 1, adopted Jan. 21, 1986; Ord. No. 270-92, § 1, adopted May, 11, 1992; and Ord. No. 213-93, § 1, adopted Apr. 5, 1993.

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Sec. 8-61. License required.

It shall be unlawful for the owner, possessor or keeper of any domestic dog (Canis familiaris) over the age of six (6) months or domestic cat (Felis catus) over the age of six (6) months to keep, maintain, house or have in possession within the city a dog or cat without first having obtained a license for such dog or cat. Such one-year licenses shall be valid for twelve (12) months from the date of issue and two-year licenses shall be valid for twenty-four (24) months from the date of issue. Dogs or cats over the age of six (6) months purchased, obtained or otherwise acquired shall be licensed within thirty (30) days after such acquisition or, if under, within thirty (30) days after reaching six (6) months of age. Individual licenses shall not be required for dogs or cats being held for redemption or adoption by the municipal animal shelter, an approved shelter owned and operated by a tax-exempt humane organization or a licensed pet shop.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 62-03, § 1, 2-2-04)

Sec. 8-62. Application.

Application for licenses under this article shall be made on forms provided by the manager.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-63. License.

Upon filing of the application, either in person or by mail, payment of the necessary fees, and showing proof of rabies immunization, the manager or person designated and authorized to issue licenses shall issue a license for the current year for a one-year license and the current and subsequent year for a two-year license to the applicant. Licensed veterinarians may be designated to issue licenses and submit applications for licenses on behalf of their clients, and as provided by the board of environmental health, the manager may nominally compensate veterinarians for submitting licenses. The license tag shall be attached to the dog or cat by means of a collar or harness, and it shall be unlawful to place this tag on any dog or cat other than the dog or cat for which the license was purchased.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 62-03, § 2, 2-2-04)

Sec. 8-64. Rabies vaccination requirement.

Licenses shall not be issued for any dog or cat unless satisfactory proof of rabies vaccination is presented to the manager, unless such person presents to the manager a written statement from a licensed Colorado veterinarian that vaccination for rabies would be detrimental to the health of the specific dog or cat.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 810-98, § 4, 11-16-98)

Sec. 8-65. Fees; exemptions.

(a)     The annual license fee for dogs and cats shall be ten dollars ($10.00) and the fee for a two-year license shall be twenty dollars ($20.00), except that an additional fee of five dollars ($5.00) shall be imposed for applicants requesting same day issuance.

(b)     The following categories of animals shall be exempt from the licensing fee:

(1)     One (1) dog and/or one (1) cat owned by any person sixty-five (65) years of age or older shall be exempt;

(2)     Guide dogs for the blind and deaf;

(3)     Service dogs used by the handicapped;

(4)     Police service dogs;

(5)     Rescue dogs.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 665-02, § 1, 8-19-02; Ord. No. 62-03, § 3, 2-2-04)

Sec. 8-66. Issuance.

Upon filing of the application, either in person or by mail, payment of the necessary fees, and showing proof of rabies immunization, a license for the current year shall be issued to the applicant under this article. The license tag shall be attached to the dog or cat by means of a collar or harness, and it shall be unlawful to place this tag on any dog or cat other than the dog or cat for which the license was purchased.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-67. Duplicate tags and certificates.

If the license tag issued in accordance with this article is lost or destroyed, a duplicate tag and/or certificate may be issued for the payment of a fee of three dollars ($3.00). Duplicate tags for animals exempted from licensing fees in section 8-65 shall be issued without the payment of a duplicate tag fee.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-68. Transferability.

Licenses and tags or other symbols of license identification under this article are not transferable.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-69. Records.

The manager shall keep all records of the issuance of licenses under this article.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-70. Spaying and neutering.

It is the purpose of this section to promote the health, safety and general welfare of the residents of the city by reducing the number of stray dogs and cats. The council finds that each year tens of thousands of dogs and cats are euthanized in the city because they are not wanted. It is the purpose of this section to eliminate the excessive number of unwanted animals and thereby stop the needless killing of these animals by restricting the breeding practices of pet owners and breeders through legislation that is both reasonable and enforceable.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-71. Prohibition.

It shall be unlawful to own, possess or keep in the city any dog or cat over the age of six (6) months that has not been spayed or neutered except as provided in section 8-72.

(Ord. No. 999-95, § 1, 12-4-95)

Sec. 8-72. Exceptions.

The prohibition contained in section 8-71 shall not apply:

(1)     If a licensed veterinarian states in writing that an animal is unfit to undergo the required surgical procedure because of an extreme health condition of the animal. Such extreme health condition shall include, but not be limited to: severe cardiovascular compromise, bleeding disorder, respiratory disease and hepatic disease. The old age of an animal shall not, of itself, constitute an extreme health condition for purposes of this section.

(2)     If the owner of the animal annually obtains a permit from the Denver Animal Shelter to possess an animal that is not neutered. The permit shall be issued or renewed only if the department determines that the following conditions have been met:

a.     The animal is examined regularly by a licensed veterinarian;

b.     The animal is vaccinated annually for rabies and other common diseases;

c.     The animal is housed properly;

d.     The owner has not had more than two (2) violations of the provisions of Chapter 8 of the D.R.M.C. in the preceding twenty-four (24) months;

e.     The owner pays a permit fee established by the board of environmental health. This fee, which will be established by the rules and regulations of the board of environmental health, is intended to cover a portion of the cost which the city currently incurs for each unwanted animal impounded and euthanized;

(3)     If an animal is temporarily in Denver to participate in a show or event sponsored by a sanctioned animal organization;

(4)     If an animal is owned, possessed or kept in the city for fewer than thirty (30) days in a one-year period.

(Ord. No. 999-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-73. Violation.

Notwithstanding the provisions of section 1-13, any person cited with violation of this article shall have his or her citation dismissed if there is proof of compliance with the terms of this article within thirty (30) days of the date of the summons or impoundment.

(Ord. No. 999-95, § 1, 12-4-95)

Secs. 8-74--8-80. Reserved.

ARTICLE IV. LIVESTOCK AND FOWL

DIVISION 1. GENERALLY

Sec. 8-81. Livestock above or below ground floor.

(a)     It shall be unlawful and shall constitute a nuisance for any person to stable or confine any horse, mule, cattle, or other livestock in any barn, stable, or other building, on any floor above or below the ground floor, except in buildings of fireproof construction, or buildings thoroughly equipped with automatic fire extinguishers or other adequate means and appliances for extinguishing fires.

(b)     There shall be at least two (2) sufficient exits for such livestock on each floor so occupied by them, and these exits shall be at opposite ends or sides of the respective floors whenever possible, and in any event shall be remote from each other.

(c)     All stalls, pens, runways, passages, doors, gates, and other means of exit upon any such floor or floors, shall be constructed in all respects as to afford easy, adequate, and speedy means of egress and escape for such livestock in case of fire.

(d)     Straw, hay, fodder, and all such combustible materials shall not be kept between such livestock and the exits or means of escape for such animals in such buildings in case of fire.

(e)     It shall be the duty of the fire chiefs and subordinate officers of the fire department, and other police officers, to enforce compliance with the provisions of this section.

(Code 1950, § 760.10)

Sec. 8-82. Unlawful accumulation of manure.

Any barn, pen, corral, coop, yard or other enclosure or appurtenance thereof in which any animal, livestock or fowl shall be kept, or any other place within the city in which manure or other discharges of animals, livestock or fowl shall accumulate, and which is maintained in any insanitary condition, allowing an offensive odor to escape therefrom, or providing an insect or rodent attractant, is hereby deemed a nuisance and prohibited.

(Code 1950, § 760.9-3)

Secs. 8-83--8-90. Reserved.

DIVISION 2. PERMIT

Sec. 8-91. Livestock or fowl permit required.

It shall be unlawful for any person to keep, maintain, possess or harbor on any property within the city any livestock or fowl such as, but not limited to, horses, mules, donkeys, burros, cattle, sheep, goats, swine, chickens, geese, ducks or turkeys, unless a livestock or fowl permit therefor has been issued by the manager. Such permit is required to be renewed annually for a fee of fifty dollars ($50.00) for each application.

(Code 1950, § 760.9-1; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-92. Nuisance-free facilities prerequisite to granting.

A permit to keep livestock or fowl within the city shall not be granted unless the owner or possessor provides facilities which will reasonably assure the manager that the premises will be maintained in a sanitary condition, free from insects and rodents, offensive odors, excessive noise, or any other conditions which constitute a public nuisance.

(Code 1950, § 760.9-1(1); Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-93. Denial or revocation.

The manager may deny or revoke a permit to keep, maintain or possess livestock or fowl within the city if the manager determines that any provision of chapters 4 and 37 or article III of chapter 40, is being violated or if the manager finds that maintenance of any livestock or fowl interferes with the reasonable and comfortable use and enjoyment of property; provided, however, that the person being aggrieved by such denial or revocation can, within ten (10) days thereafter, appeal the decision of the manager to the board of environmental health in accordance with its rules and regulations.

(Code 1950, § 760.9-1(2); Ord. No. 1110-96, § 1, 12-16-96)

Secs. 8-94--8-100. Reserved.

ARTICLE V. KENNELS, PET GROOMING SHOPS, PET SHOPS AND PET HOSPITALS

DIVISION 1. GENERALLY

Sec. 8-101. Definitions.

The following words and phrases, when used in this chapter, shall have the following meanings respectively ascribed to them:

Animal shelter shall mean any business which collects stray, abandoned or owner-surrendered pet animals for redemption, adoption, sale or disposal.

Business shall mean any profit or nonprofit individual, partnership, company or corporation doing business within the corporate limits of the city.

Kennel shall mean any business which is involved with the boarding of pet animals.

Pet animal shall include, but not be limited to, fish, small mammals, birds, reptiles, cats and dogs.

Pet grooming shop shall mean any business which is involved in the grooming of pet animals for profit.

Pet hospital shall mean any business operating as a veterinary hospital or clinic which is involved in the diagnosis, treatment or care of any pet animal.

Pet shop shall mean any retail or wholesale business which is involved in the selling or trading of pet animals.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 137-93, § 1, 3-8-93)

Sec. 8-102. Standards, rules and regulations.

(a)     The board of environmental health, for the purpose of protecting the health and welfare of the public and of the animals under its charge, shall adopt, and from time to time amend, standards, rules and regulations for the implementation of the licensing and operation of animal shelters, kennels, pet grooming shops, pet hospitals and pet shops.

(b)     It shall be unlawful for any operator or licensee thereof to violate or fail to comply with any standard, rule or regulation adopted pursuant to subsection (a) of this section, or to violate or fail to comply with any requirements of this article.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-103. Duties of the manager of environmental health.

By means of inspections required under this division, the manager shall determine whether applicants for licenses or for renewal of licenses issued hereunder, and animal shelters, kennels, pet grooming shops, pet hospitals and pet shops operated by licensees hereunder, meet all conditions required by the provisions of this article, by standards, rules and regulations promulgated pursuant thereto and by all state laws and city ordinances relating to health, safety and sanitation. The manager shall certify such qualifications of applicants and licensees hereunder, or shall require such corrections as the manager deems appropriate for the conduct of animal shelters, kennels, pet grooming shops, pet hospitals and pet shops, and shall forward the results of such inspections, and followup visits required to determine compliance, to the director of excise and licenses. In addition, the manager shall make recommendations to the director relating to compliance with or violation of standards, rules and regulations as provided herein. It shall also be the duty of the manager to enforce all standards, rules and regulations promulgated pursuant hereto.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-104. Inspection of facilities.

Any facility as described in section 8-103 shall be available for inspection by an environmental health representative to assure compliance with rules and regulations.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Secs. 8-105--8-110. Reserved.

DIVISION 2. LICENSE*

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*Cross references: Licenses generally, Ch. 32.

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Sec. 8-111. License required.

Every person owning, possessing or keeping or desiring to keep and maintain within the corporate limits of the city an animal shelter, dog kennel, pet grooming shop, pet shop or pet hospital shall apply for and obtain from the director of excise and licenses, who is hereby authorized to grant the same, a license therefor before such animal shelter, kennel, pet shop or pet hospital may be kept or maintained.

(Code 1950, § 972.5-1; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-112. Application.

Every person desiring to obtain a license as provided in this division shall make application therefor in writing to the director of excise and licenses, and shall obtain the approval of the zoning administration and the department of environmental health. In addition, in case of an animal shelter, kennel or pet hospital, each applicant shall accompany such application with the written consent of a majority of persons of full age residing within eight hundred (800) feet in all directions from the place where such animal shelter, kennel or pet hospital is proposed to be located, and the written consent of a majority of all owners residing in the city, of the real property situate within eight hundred (800) feet in all directions from the place where such animal shelter, kennel or pet hospital is proposed to be located, to keep and maintain such animal shelter, kennel or pet hospital. The director may, in his/her discretion, grant a license.

(Code 1950, § 972.5-2; Ord. No. 318-82, § 1, 6-21-82; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-113. Fees.

Application and license fees under this division are prescribed in section 32-89.

(Code 1950, §§ 972.5-2, 972.5-3; Ord. No. 318-82, § 1, 6-21-82; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-114. Municipal animal shelter exempted.

The shelter created under authority of section 8-146 and known as the Denver Municipal Animal Shelter shall be exempt from the requirements of this article. Notwithstanding such exemption, the board of environmental health shall enact rules and regulations providing for yearly inspections of the shelter and requiring the animal shelter to secure substantial compliance with all requirements of this article.

(Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Secs. 8-115--8-120. Reserved.

ARTICLE VI. HEALTH REGULATIONS

Sec. 8-121. Quarantine.

(a)     Whenever the owner or possessor of an animal has been notified by any person, whether or not an agent of the manager, or has other cause to believe that the owner's or possessor's animal has bitten or in any other way injured a person so as to cause an abrasion of the skin, the owner or possessor shall immediately notify the manager of the incident and shall immediately restrain the suspected animal within the owner's or possessor's property for observation by the manager. It shall be unlawful for the owner or possessor to fail to give the required notification, to conceal, hide or remove the suspected animal or in any other way prevent or hinder investigation and observation of the animal by the manager.

(b)     Whenever an owner or possessor of an animal has received an order from the manager to closely confine any animal for observation, it shall be unlawful to cause or permit the animal ordered under observation to be removed from its place of confinement for any purpose whatsoever without first obtaining written approval of the manager.

(Code 1950, § 753.15; Ord. No. 1110-96, § 1, 12-16-96)

State law references: Rabies control, C.R.S. 1973, 25-4-601 et seq.

Sec. 8-122. Destruction of diseased animal.

(a)     Whenever it shall be found that any animal intended for food or producing milk is affected with cholera, tuberculosis, trichinosis, or any other disease which is dangerous to life, the animal shall be killed and its flesh destroyed.

(b)     Whenever in dairy herds any disease which is suspected of being infectious exists, no milk shall be kept or sold for food until the sick cattle have been destroyed.

(Code 1950, § 750.6)

Sec. 8-123. Dead animals.

(a)     Report to city. Every person having possession, under control, or upon any premises occupied or controlled by such person any dead animal, not proper for food, and liable to become noxious or detrimental to the public health, shall, at once, report the same to the manager of public works; and it shall be the duty of all agents, employees and servants of the city, including members of the police department, to report to the manager of public works, without delay, any carcass or remains of any dead animal which they may find, or as to the existence of which, within the city, they are informed.

(b)     Removal and disposition by owners:

(1)     Any person who shall kill or order killed any animals shall, at the time, arrange for its removal from the place of killing to the proper place of interment or rendering, and shall be responsible for removal and burial or rendering in accordance with the provisions of this Code or other applicable law.

(2)     It shall be the duty of the owner of any animal found dead in the city within six (6) hours after the death of the animal to arrange for its removal and burial or rendering in accordance with the provisions of this Code or other applicable law.

(c)     Removal by city:

(1)     The manager of public works is hereby authorized and directed, by and with the advice and consent of the mayor, to contract for the removal of carcasses of all dead animals lying in the streets, alleys, or other public ways and places of the city, or on private premises therein.

(2)     The contractor under the contract, before entering upon his/her duties, shall execute to the city a bond, with good and sufficient sureties, in the penal sum of ten thousand dollars ($10,000.00), to be approved by the mayor, to be conditioned for the faithful and punctual performance of the duties imposed by this Code, the ordinances of the city, and the contract.

(3)     The contractor under the contract shall have exclusive right to remove and dispose of all carcasses of dead animals found lying in the streets, alleys or other public ways and places of the city, or on private premises therein, not removed by the owner within six (6) hours of daylight time following death of such animal.

(4)     It shall be the duty of the contractor, twenty-four (24) hours after notification of the whereabouts of any dead animal, to remove and dispose of the same.

(5)     Utmost precaution shall be used in the removal of such dead animals, that the same may be conveyed in the most inoffensive manner possible. The carcasses shall, while being removed, be covered either by tarpaulin or otherwise, and the vehicle transporting them shall not stop in transit unless detained by traffic regulations or by some unavoidable accident or cause.

(Code 1950, § 750.7)

Secs. 8-124--8-130. Reserved.

ARTICLE VII. CRUELTY TO ANIMALS*

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*State law references: Cruelty to animals, C.R.S. 1973, 18-9-201 et seq.

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Sec. 8-131. Cruelty to animals prohibited.

(a)     It shall be unlawful for any person to needlessly beat, inflict violence upon or kill, or to overdrive, overload, drive when overloaded, overwork, torture or mutilate, or to otherwise treat in a cruel, dangerous or inhumane manner, any animal, or to cause any of such acts to be done.

(b)     It shall specifically be cruel, dangerous or inhumane for any person to:

(1)     In a public place, transport or keep an animal in or on any motor vehicle or trailer unless the animal is safely restrained.

a.     As used in this section, restrained is defined as enclosed within a vehicle or trailer with no openings large enough to permit the animal to exit the vehicle or trailer on its own, or placed within a secured container, cage or other enclosure sufficient to prevent the animal from falling from, being thrown from or jumping from the vehicle.

b.     As used in this section, public place is defined as any place open to and generally used by the public, whether publicly or privately owned, including, but not limited to, streets, highways, alleys, parking lots, schools and commercial establishments.

(2)     Leave an animal in an unattended vehicle either without adequate ventilation or in any manner which subjects the animal to extreme temperatures that are dangerous or detrimental to the animal's health or welfare.

(3)     Tether and leave, or permit to be left, unattended any animal on a leash, cord or chain of less than six (6) feet in length for longer than one (1) hour.

(Code 1950, § 824.1; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-132. Neglect of animals prohibited.

(a)     It shall be unlawful for any person having care, custody or control of any animal to fail to provide such animal with food sufficient for the species, potable water and adequate shelter from the weather, or to cause any of such acts to be done.

(b)     The manager is authorized to immediately impound any animal which:

(1)     Appears to have been cruelly treated as described in subsection (a) of section 8-131;

(2)     Appears to be deprived of sufficient food, water or shelter as specified in subsection (a) of this section; or

(3)     Is left in an unattended vehicle and is deprived of adequate ventilation or is subject to extreme temperatures as specified in subsection (b)(2) of section 8-131.

The manager shall leave at the place where the animal was impounded a conspicuous notice indicating that the animal has been impounded by the municipal animal shelter, the reason(s) why the animal was impounded, the time and date of impoundment and the address and phone number where the animal is impounded.

(Code 1950, § 824.2; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-133. Supply of food to enclosed animals by any person permitted.

In case any animal shall be at any time enclosed and shall continue to be without necessary food or water more than twelve (12) consecutive hours, it shall be lawful for any person, from time to time, and as often as it shall be necessary, to enter into or upon any enclosure in which any such animal shall be confined, and supply such animal with necessary food and water so long as the same shall remain so confined. Such person shall not be liable to any action for such entry; and the reasonable cost of such food or water may be collected by such person from the owner of such animal.

(Code 1950, § 824.5)

Sec. 8-134. Abandonment.

(a)     It shall be unlawful for any person to abandon any animal or to cause an animal to be abandoned. Abandonment is defined as the leaving unattended of any animal, by a person previously having care, custody or control of the animal, for at least seventy-two (72) consecutive hours.

(b)     The manager is authorized to impound any animal which appears to be abandoned. Impoundment may occur only after the manager has posted a conspicuous notice, at the place where the animal appears to be abandoned, indicating that the animal appears to be abandoned and that it may be impounded. Such notice must be posted approximately every twenty-four (24) hours. When seventy-two (72) hours have passed, at least two (2) notices have been posted, and the animal has remained abandoned, the manager is then authorized to impound the animal. The manager shall leave at the place where the animal was abandoned a conspicuous notice which conforms with the notice requirements of section 8-132(b). Nothing in this section shall be construed to limit the authorization of the manager to immediately impound an animal which has been neglected or left unattended in a vehicle as provided in section 8-132(b).

(Code 1950, § 824.3; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-135. Keeping place for fighting animals.

It shall be unlawful for any person to keep or cause to be kept any place where any fowls or any animals are suffered to fight upon exhibition, or for sport upon any wager.

(Code 1950, § 824.4)

Sec. 8-136. Poisoning.

It shall be unlawful for any person to poison any domestic animal in any manner whatsoever with the intent or for the purpose of poisoning such animal. This prohibition shall not apply to the destruction of those animals identified by the manager as requiring eradication for the protection of the public health. Such eradication may include poisoning only when deemed necessary by the manager.

(Code 1950, § 824.6; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-137. Frightening, shooting, killing, trapping, molesting, etc., song and insectivorous birds.

It shall be unlawful for any person to frighten, shoot at, wound, kill, take, capture, ensnare, net, trap, or in any other manner molest or injure any robin, lark, whippoorwill, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red-winged blackbird, crow, raven, oriole, kingbird, mockingbird, song-sparrow, or other songbird or insectivorous bird; or in any manner molest or injure the nest, eggs, or young of any such birds; or have in possession the nest, eggs, young, or body of any such bird.

(Code 1950, § 824.7)

Sec. 8-138. Poultry crates and coops.

(a)     It shall be unlawful for any person to keep live fowls or poultry in coops, crates or cages for transportation or for exposure for sale unless such containers are:

(1)     Sufficiently high so that such fowls or poultry confined therein can stand erect without touching the tops of such containers;

(2)     Made of open slats or wire on at least three (3) sides; and provided with troughs or other receptacles accessible to the fowls or poultry confined therein, but so placed that the contents of such troughs or receptacles cannot be befouled by such birds;

(3)     Kept in a clean and wholesome condition;

(4)     Not overcrowded with such fowls or poultry; nor placed so that such birds shall not be exposed to undue heat or cold; and

(5)     Kept clear of dead, injured, or diseased fowls or poultry.

(b)     It shall be unlawful for any person to keep live fowl or poultry, when received for sale or storage, in containers other than the coops, crates or cages that meet the standards set forth in this section.

(Code 1950, § 824.8)

Sec. 8-139. Sale of baby chicks and ducks prohibited.

(a)     It shall be unlawful for any person, whether or not licensed under section 8-11 of this chapter, to sell or give away baby chicks or ducks.

(b)     This section shall not be construed to prohibit the display or sale of baby chicks or ducks by hatcheries, stores, owners, dealers or other persons engaged in the business of selling such animals to be raised for food.

(Code 1950, § 824.9; Ord. No. 270-92, § 1, 5-11-92)

Sec. 8-140. Trapping of animals.

(a)     It shall be unlawful to use or set a leg-hold, snare, instant kill-body-gripping trap, or trap which can cause pain, injury or suffering to any animal, except for any mouse or rat snap-type or glue board used for rodent control or any poison. A leg-hold, snare-type or body-gripping trap is any trap which grasps the leg or any portion of such animal and which can injure, harm or cause pain and suffering to the animal.

(b)     Exceptions. The provisions of subsection (a) of this section shall not prohibit:

(1)     The taking of wildlife by use of the devices or methods described in subsection (a) of this section by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety;

(2)     The managers of the departments of parks and recreation and environmental health or other city agency from requesting the state division of wildlife or department of agriculture to correct a wildlife nuisance or health problem by employing traps which would otherwise be unlawful; however, such traps shall clearly identify with the state agency setting such traps;

(3)     The use of the devices or methods described in subsection (a) of this section for controlling:

i.     Wild or domestic rodents, except beaver or muskrat;

ii.     Wild or domestic birds as otherwise authorized by law;

(4)     The use of nonlethal snares, traps specifically designed not to kill, or nets to take wildlife for scientific research projects, for falconry, for relocation, or for medical treatment pursuant to regulations established by the Colorado Wildlife Commission;

(5)     The use of traps, poisons or nets by the Colorado Division of Wildlife to take or manage fish or other nonmammalian aquatic wildlife.

(c)     It shall be unlawful to use any box-type humane trap that does not injure or cause any suffering to any animal for the trapping of animals unless:

(1)     The trap is checked or examined for the presence of a live animal at least every twelve (12) hours and within two (2) hours of being notified that there is an animal in the trap;

(2)     The trap contains the name and telephone number of the person setting the trap.

(d)     Notwithstanding the provisions of this section, the owner or lessee of private property primarily used for commercial livestock or crop production, or the employees of such owner or lessee, shall not be prohibited from using the devices or methods described in subsection (a) of this section on such private property so long as:

(1)     Such use does not exceed one (1) thirty-day period per year; and

(2)     The owner or lessee can present on-site evidence to the division of wildlife that ongoing damage to livestock or crops has not been alleviated by the use of nonlethal or lethal control methods which are not prohibited.

(e)     The provisions of this section shall not apply to the taking of wildlife with firearms, fishing equipment, archery equipment, or other implements in hand as authorized by law.

(f)     It shall be the duty of every police officer or animal control officer to confiscate and destroy any trap found set within the city other than a box-type humane trap, and to confiscate any humane box-type trap which does not have the name and telephone number of the person setting the trap.

(Ord. No. 165-83, § 1, 3-21-83; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 147-97, § 1, 3-3-97)

Secs. 8-141--8-145. Reserved.

ARTICLE VIII. IMPOUNDMENT

Sec. 8-146. Shelter created.

There is hereby created a municipal animal shelter which shall be owned and operated by the city and be under the control of the manager.

(Code 1950, § 753.8; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-147. Additional housing.

All animals impounded shall be housed and cared for at the municipal animal shelter; provided, however, that when shelter facilities are inadequate, the manager is authorized to make provisions for additional housing and care elsewhere.

(Code 1950, § 753.8-1; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-148. Impounding animals.

(a)     The manager is authorized to impound any animal which is stray, loose, or running at large or which has bitten or otherwise injured any person and needs to be confined for observation. The manager may additionally impound any dog or cat which does not bear the proper license tag as required by article III of this chapter.

(b)     Any person may retain or trap in a humane manner and hold for the manager any dog or cat trespassing upon their property.

(Code 1950, § 753.9; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-149. Proper care.

All animals impounded shall be properly housed, fed, watered and cared for and it shall be the duty of the manager of environmental health to make provisions for all necessary facilities, food, water, vehicles and other equipment required to carry out the provisions of this article.

(Code 1950, § 753.8-2; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-150. Notification of owner of impounded animal.

Upon the impounding of any animal, it shall be the duty of the manager of environmental health to notify the owner from whom the animal was taken, if the owner is known. If the owner is not known, there shall be posted at the municipal animal shelter and the city and county building for a period of not less than three (3) days a notice containing a description of the animal impounded. For purposes of this notification requirement, a fraction of a day shall be computed as being a full day.

(Code 1950, § 753.10; Ord. No. 1110-96, § 1, 12-16-96)

Sec. 8-151. Period of impounding.

All animals impounded shall be kept for a period of five (5) days unless sooner redeemed by their respective owners, and a fraction of a day shall be computed as being a full day for the purposes of this section.

(Code 1950, § 753.11; Ord. No. 94-81, § 1, 3-9-81; Ord. No. 29-86, § 2, 1-21-86)

Sec. 8-152. Release of impounded animals.

(a)     It is the duty of the manager to release any impounded animal from the municipal animal shelter upon receipt of satisfactory proof that the person claiming the animal is the owner thereof, upon determination that the animal is not infected with rabies, upon payment of a shelter impound fee of forty dollars ($40.00) for a licensed or an unlicensed animal, and upon payment of a maintenance fee of five dollars ($5.00) for each day or portion of each day such animal has been impounded.

(b)     In the event the impounded animal is a dog or cat, the owner must present satisfactory proof of vaccination for rabies and proper registration of such dog or cat in accordance with the provisions of this chapter. If proof of vaccination-registration cannot be provided, the manager shall either provide rabies vaccination to the impounded dog or cat before it is released or shall release the impounded dog or cat to the owner and require such owner to provide within forty-eight (48) hours after the release satisfactory proof of the required rabies vaccination. If the manager provides rabies vaccination for a dog or cat, the owner shall pay a six-dollar vaccination fee in addition to the other fees hereinbefore set forth.

(c)     The manager may, in the manager's discretion, waive any and all fees required under the provisions of this article without cost to the owner or harborer thereof where the payment of such fees would create unnecessary hardship.

(d)     In the event the impounded dog or cat has been impounded more than once in a six-month period, an additional fee of twenty dollars ($20.00) shall be imposed for each subsequent impoundment.

(Code 1953, §§ 753.12, 753.15; Ord. No. 342-81, § 2, 6-29-81; Ord. No. 300-82, §§ 1, 2, 6-14-82; Ord. No. 29-86, § 3, 1-21-86; Ord. No. 83-87, § 1, 2-17-87; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 574-01, § 2, 7-9-01; Ord. No. 665-02, § 2, 8-19-02; Ord. No. 62-03, § 4, 2-2-04)

Sec. 8-153. Adoption of impounded animals.

After notice required by section 8-150 has been given and after five (5) days of impounding required by section 8-151 has expired, then such animal may be released to any person upon payment of the required fees as determined by the manager and upon agreement that vaccination-registration of the animal shall, where required, be provided in accordance with the provisions of this article.

(Code 1950, § 753.13; Ord. No. 94-81, § 1, 3-9-81; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 574-01, § 3, 7-9-01)

Sec. 8-153.5. Conditions of adoption.

(a)     The manager may promulgate rules, regulations, policies and procedures pertaining to the purchase, placement, adoption, acquisition and disposition of municipal animal shelter animals by individuals, approved animal adoption and humane organizations, and other entities.

(b)     The fees to be paid pursuant to section 8-153 shall be:

(1)     By or for persons with disabilities and by or for persons who are sixty-five (65) years of age or older, limited to one (1) dog or cat for each person, no fee; and

(2)     By all individuals and organizations other than those designated in (1), forty dollars ($40.00) per dog and twenty dollars ($20.00) per cat.

(c)     All municipal shelter dogs and cats, except those specifically exempted by the manager, shall be spayed or neutered prior to release by the manager; provided, however, that, if the animal is too young, or is otherwise physically incapable of undergoing the requisite surgical procedure, it shall be released only upon the manager's first obtaining from the individual or entity to whom it is released a written agreement that the animal will be immediately spayed or neutered when it both attains the age of six (6) months and is physically capable of undergoing the requisite surgical procedure. Proof of the fact that the animal has been spayed or neutered shall be submitted to the manager in the form of certification from the appropriate spay-neuter clinic, veterinarian or other provider of such service. Neither the city nor the municipal animal shelter shall incur any cost, obligation or liability incident to the spaying or neutering of any animal, except that the municipal animal shelter shall provide transportation service to and from locations within the city where such service is provided.

(d)     In the event a person signs an agreement to spay or neuter an animal pursuant to the provisions of subsection (c) above, it shall be unlawful to violate such written agreement by failing to spay or neuter the animal upon the animal's attaining the age of six (6) months and becoming physically capable of undergoing the requisite surgical procedures.

(e)     Unclaimed animals and animals that have not been adopted shall be disposed of in accordance with the directions of the manager. Notwithstanding the fee schedule provided for in subsection (b) of this section, the manager may, without charge, allow the release of unclaimed animals and animals that have not been adopted to any approved animal adoption and humane organization which meets all of the following requirements:

(1)     The primary purpose of the organization is the care and welfare of animals;

(2)     All facilities operated by the organization meet criteria set forth in the state Pet and Animal Care and Facilities Act as amended, currently codified at Colo. Rev. Stat. § 35-80-101 et seq. and section 117 of the state Animal Care and Facilities Rules and Regulations;

(3)     The facility will allow the manager to inspect its facilities at all reasonable times, with or without prior notice; and

(4)     The organization follows all promulgated shelter adoption network regulations.

(Ord. No. 342-81, §§ 1, 3, 6-29-81; Ord. No. 29-86, § 4, 1-21-86; Ord. No. 83-87, § 2, 2-17-87; Ord. No. 270-92, § 1, 5-11-92; Ord. No. 574-01, § 4, 7-9-01)

Sec. 8-154. Disposition of unclaimed and unadopted animals which have bitten or injured persons or animals.

Any animal which is known to have bitten or injured any person so as to cause an abrasion of the skin, or any animal which, in the opinion of the manager, appears to be infected with or exposed to rabies shall be impounded in the municipal animal shelter, or in such instances as may be determined by the manager shall be closely confined by its owner or possessor for observation in accordance with the directions of the manager. Disposition of such animal shall be made as directed by the manager.

(Code 1950, § 753.14; Ord. No. 1110-96, § 1, 12-16-96)

Louisville, Colorado

Municipal Code City of Louisville Colorado

TITLE 6 ANIMALS*

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*Cross references: Health and safety, tit. 8; rodent control, ch. 8.04; zoning regulations for keeping of animals, § 17.16.160.

State law references: Cruelty to animals, C.R.S. §§ 18-9-201--18-9-205; rabies control, C.R.S. §§ 25-4-601--25-4-615; animals, C.R.S. § 35-40-101 et seq.; estrays, C.R.S. § 35-44-101 et seq.

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Chapter

6.02. Definitions

6.04. Animals Generally

6.08. Cruelty to Animals

6.12. Dogs

6.16. Livestock

6.20. Fowl

6.24. Bees

Chapter 6.02 DEFINITIONS

Sec. 6.02.010. Definitions.

For the purposes of this title, unless the context clearly indicates otherwise. the following words and terms shall have the following meanings:

Abandon means the leaving of an animal by its owner without adequate provisions for the animal's proper care.

Animal control officer means the code enforcement officer appointed pursuant to section 6.12.080.

Criminal negligence. A person acts with "criminal negligence" when, through a gross deviation from the standard of care that a reasonable person would exercise, the person fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Harboring or keeping. The occupant of any premises on which an animal is kept, or to which an animal customarily returns daily for food and care, is presumed to be "harboring" or "keeping" the animal within the meaning of this title, and such persons shall be subject to the provisions of this title.

Leash means a substantial chain, cord, rope or similar device sufficient to hold an animal in restraint, and which is not more than 15 feet in length.

Mistreatment means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.

Owner means any person in possession of, harboring, keeping or having custody or control of any animal in the city.

Pit bull means any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club (AKC) or United Kennel Club (UKC) for any of the above breeds. The AKC and UKC standards for the above breeds shall be on file at the city department of police.

Running at large means an animal which is otherwise prohibited by this title from "running at large" shall be deemed to be "running at large" when it is not restrained as follows:

1.     When upon the premises of the owner, the animal must not be able to enter upon public property, including sidewalks or public rights-of-way, or the premises of another, and must be contained within or restricted by a fence or other means secured by an adequate locking device.

2.     Any dog off the premises of the owner must be attached to a leash.

3.     The "premises of the owner" is defined as the residence of the owner, including the attached property surrounding the residence that is leased or owned by the owner, but not including any common area, park or recreational property jointly owned or leased by the members of a homeowners or tenants association.

4.     No animal shall be deemed to be "running at large" when the animal is enclosed within the automobile or other vehicle of its owner.

5.     No dog shall be deemed to be "running at large" while upon city-owned property which is designated by resolution of the city council as a dog-running area, if the dog has a valid rabies vaccination tag, is accompanied by its owner, is under the direct voice or hand control of its owner, and is in compliance with any posted regulation or restriction that has been established for the area by resolution of the city council.

Secure enclosure means an enclosure possessing secure sides, possessing a top and a bottom permanently attached to the sides, or sides embedded into the ground not less than one foot deep, except for a door for removal of the animal. The enclosure must be of such material, and be so constructed, with the door closed and secured in such a manner that the animal cannot exit the enclosure on its own.

Secure temporary enclosure means a secure enclosure used for purpose of transporting an animal and which shall include a top and bottom permanently attached to the sides except for a door for removal of the animal. The enclosure must be of such material, and be so constructed, with the door closed and secured in such a manner that the animal cannot exit the enclosure on its own.

Vicious animal means any animal, including any dog, that:

1.     Inflicts severe injury or death to a person or bites or attacks a person or persons on public or private property;

2.     Bites, attacks or kills another domestic animal without provocation off the property of the owner of the attacking animal;

3.     Chases or approaches a person upon the streets, sidewalks or any public or private property in a vicious, terrorizing and menacing fashion in an apparent attitude of attack whether or not the attack is consummated or capable of being consummated such that a person of ordinary sensibilities would reasonably believe that the animal would cause physical injury to that person; or

4.     Any animal found to be vicious under the provisions of subsection 6.12.020.E.

(Code 1977, § 6.02.010; Ord. No. 1085-1992, § 1; Ord. No. 1142-1994, § 1; Ord. No. 1143-1994, § 1; Ord. No. 1171-1994, § 1)

Chapter 6.04 ANIMALS GENERALLY

Sec. 6.04.010. Disturbing the peace prohibited.

A.     It is unlawful to keep or harbor any animal which by frequent and continued barking, yelping, howling, fighting, crying, or emitting any other similar sound causes a serious annoyance to a neighbor or to people passing to and fro upon the public streets or sidewalks, or interferes with any person in the reasonable and comfortable enjoyment of life and property, and the keeping or harboring of such animal is hereby declared to be a public nuisance and a violation of this section.

B.     No summons and complaint shall be issued unless there is a complaining witness who has signed such complaint or unless an animal control officer or police officer has personally witnessed the alleged annoying behavior of the animal complained of and will so testify at trial.

C.     Any animal control officer or police officer shall have the authority to use all reasonable means to abate any nuisance described in this section, including but not limited to requiring that the owner or other person in control of the animal make bona fide efforts to quiet the animal and impoundment of the animal if the owner is absent from the premises.

(Code 1977, § 6.04.010; Ord. No. 1085-1992, § 2)

Sec. 6.04.020. Riding or driving on streets prohibited.

No person shall wilfully ride or drive any animal or animals other than household pets upon any sidewalk or through any city park, unless clearly posted to allow such riding.

(Code 1977, § 6.02.020; Ord. No. 718-1981, § 2)

Cross references: Vehicles and traffic, tit. 10.

Sec. 6.04.030. Penalty.

Violation of any provision of this chapter is civil for which imprisonment is not a possible penalty and for which the sole penalty provided shall be a fine. Any person who shall violate any provision of this chapter against whom judgment is entered shall be subject to a fine of not more than $500.00 and shall not be subject to imprisonment on account of such judgment. For any violation of any provision of this chapter, the court may enter a judgment of liability by default against the defendant for failure to appear or to pay, and may assess such penalty, together with such court costs and surcharges, as are established by law.

(Ord. No. 1236-1996, § 1, 11-19-1996)

Chapter 6.08 CRUELTY TO ANIMALS*

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*State law references: Cruelty to animals C.R.S. §§ 18-9-201 et seq., 31-15-401(1)(i).

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Sec. 6.08.010. Cruelty to animals prohibited.

It is unlawful for any person, except as authorized by law, to knowingly or with criminal negligence overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate, needlessly kill, carry or confine in or upon any vehicle in a cruel or reckless manner, or otherwise mistreat or neglect any animal, or cause or procure it to be done, or, having the charge or custody of any animal, fail to provide it with proper food, drink, or protection from the weather, or abandon it.

(Code 1977, § 6.08.010; Ord. No. 1085-1992, § 3)

Sec. 6.08.020. Poisoning animals deemed unlawful.

It shall be unlawful for any person to poison any dog, cat or other domestic pets, or to distribute poison in any manner whatever with the intent or for the purpose of poisoning any dog, cat or other domestic pets.

(Code 1977, § 6.08.020; Ord. No. 718-1981, § 2)

Chapter 6.12 - DOGS

Sec. 6.12.010. Running at large prohibited.

A.     It is unlawful for the owner of a dog to permit the dog to run at large within the city.

B.     It is unlawful for the owner of any unspayed female cat in the state of estrus (heat) to permit such cat to run at large within the city.

C.     It is unlawful for the owner of any cow, horse, mule, sheep, swine, goat or domestic fowl to permit such animal or fowl to run at large in the city.

(Code 1977, § 6.12.010; Ord. No. 1085-1992, § 4)

Sec. 6.12.020. Vicious animals.

A.     Prohibited. It is unlawful for any person to own, keep, harbor or possess any vicious animal anywhere in the city, except as permitted by this section, or to permit a vicious animal to run at large within the city.

B.     Defenses. It shall be an affirmative defense to charges under subsection A of this section if:

1.     The animal was acting in self defense, acting in defense of its offspring, or acting in defense of its kennelmates;

2.     The person attacked, injured, bitten or in fear of injury was committing, attempting or threatening to commit a crime;

3.     The person attacked, injured, bitten or in fear of injury was at the time teasing, tormenting, abusing, or assaulting the animal in a manner reasonably calculated to provoke the animal to attack or bite;

4.     The person attacked, injured, bitten or in fear of injury was attempting to aid the animal when it was injured; or

5.     The person attacked, injured, bitten or in fear of injury was attempting to capture the animal in the absence of the owner or keeper.

C.     Impoundment of a vicious animal. The animal control officer and any police officer has the authority to impound any animal subject to subsection A of this section.

D.     Notice. The animal control officer shall provide notice of impoundment of a vicious animal as required by section 6.12.110.

E.     Court findings; release of animal; destruction.

1.     If a complaint has been filed in the municipal court against the owner of an animal impounded for violation of subsection A of this section, whether filed by a complaining citizen or by the animal control officer or police officer, the animal shall not be released from impoundment or disposed of except on the order of the municipal judge, and payment of all requisite fees, charges and costs under section 6.12.120, in addition to any penalties for violation of this chapter.

2.     If the fees and charges are not paid within three days after an order releasing the animal, it shall be deemed an unclaimed animal under subsection 6.12.130.A. Such an order releasing an animal shall not occur without 24 hours' notice to the department of police and the city attorney's municipal court office, and an opportunity to oppose release based on character of the animal, prior offenses involving the same owner or animal, improper care or prior unpaid fines, fees or charges.

3.     The municipal judge may, upon making a finding that such animal is a vicious animal, order the animal to be destroyed in a humane manner.

4.     When, either at a pretrial hearing for release or destruction or the trial itself, an animal has been found by the municipal judge to have bitten a human, and a finding is made that the defenses set forth in subsection B of this section are not applicable, the animal shall be destroyed unless the municipal judge finds, by a preponderance of the evidence, that the judge has reasonable assurance that the animal can be safely maintained without danger to the community and in compliance with subsection G of this section.

5.     In determining whether the animal can be safely maintained by its owner, the judge shall consider the requirements of subsection G of this section, and all relevant and reliable evidence, whether or not the evidence is admissible at trial, including, without limitation, pre-bite or post-bite behavior indicative of viciousness. The lack of evidence showing instances of post-bite viciousness shall not be sufficient to support a finding in favor of release. Surrender of an animal by the owner thereof to the animal control officer shall not relieve or render the owner immune from the decision of the court or from the fees and fines which may result from a violation or violations of this chapter.

F.     Vicious animal registration required.

1.     The owner of an animal found to be vicious, and not ordered destroyed under subsection E of this section shall, within ten calendar days after the date of the finding, register the animal with the department of police.

2.     The owner shall notify the department of police within five calendar days in the event the vicious animal is lost, stolen, otherwise missing or dies.

3.     If the owner of a vicious animal transfers the location or ownership of the animal and the animal remains within the city, the owner shall provide the department of police with the name, address and telephone number of the new owner or location of the new secure enclosure. The owner shall inform the new owner that the animal has been found to be a vicious animal and the new owner shall comply with all of the requirements applicable to owners of vicious animals in this section within ten calendar days of such acquisition.

G.     Requirements of vicious animal owners. Upon a finding under subsection E of this section that an animal is a vicious animal, and such animal is not ordered destroyed, the owner shall comply with all of the following requirements. Failure of the owner of an animal found to be vicious under this section to comply with the ownership requirements listed below will result in the animal being impounded and destroyed.

1.     As soon as is reasonably possible after release, but in no event less than 24 hours, the owner shall cause the vicious animal to be confined indoors or placed and kept in a proper secure enclosure, except as otherwise specifically permitted herein.

2.     The owner of the animal must be at least 18 years of age.

3.     If the vicious animal is a dog, the owner shall comply with the dog licensing requirements in this chapter.

4.     The owner shall present to the chief of police proof that the owner has procured liability insurance in a minimum amount of $10,000.00 to cover any damages caused or which may be caused by the vicious animal during the calendar year or during the period covered by the dog license if the animal is a dog. The insurance shall contain a provision requiring the insurance company to provide written notice to the chief of police of any cancellation not less than 15 days prior to any cancellation, termination, or expiration of the policy.

5.     At all times when a vicious animal is on the property of the owner, the owner shall keep the animal confined indoors or in a secure enclosure. At all times when a vicious animal is away from the property of the owner, the owner shall keep the vicious animal either securely leashed with a leash no longer than four feet in length capable of restraining the animal, and muzzled, or in a secure temporary enclosure.

6.     The owner shall have posted at each possible entrance to owner's property where the vicious animal is kept a conspicuous and clearly legible sign warning that there is a vicious animal on the property. Such sign must be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "VICIOUS ANIMAL" in lettering not less than two inches in height.

7.     The owner shall, at the owner's expense, have the vicious animal spayed or neutered, and present to the chief of police documentary proof from a licensed veterinarian that this sterilization has been performed.

8.     The owner shall cause the vicious animal to wear at all times a florescent yellow collar or harness which is of such size and color intensity as to be visible at a distance of not less than 50 feet by a person of reasonable vision.

H.     Vicious animal at large. Nothing in this chapter shall be construed to prevent the immediate destruction by the animal control officer or a police officer of any vicious animal if that animal is attacking or otherwise poses an immediate threat of injury to persons or the health, safety and welfare of the community, or when less drastic methods, such as tranquilizing, are not reasonably available or effective and when neither the animal control officer or police officer is able to capture, control or restrain the animal so that it might be impounded.

I.     Exemptions. The provisions of this section shall not apply to any police dog while being used by the department of police, other law enforcement agency or police officer in the performance of the functions and duties of such department, agency or officer.

(Code 1977, § 6.12.020; Ord. No. 1142-1994, § 2)

State law references: Dogfighting, C.R.S. § 18-9-204; dangerous dogs, C.R.S. § 18-9-204.5; dog injuring livestock, C.R.S. § 35-43-126.

Sec. 6.12.030. Female dogs in heat.

It shall be unlawful for any owner, possessor, or person who keeps any female dog to permit such female dog to be or run at large while such dog is in estrus (in heat or in season), or to permit such female dog to create a nuisance by attracting other dogs to the premises; and the same is declared a nuisance.

(Code 1962, § 30.11; Code 1977, § 6.12.030)

Sec. 6.12.040. License--Required.

It shall be unlawful for any person who is the owner or custodian of any dog to keep or permit such dog to be in the city without first obtaining a license therefor. All such licenses shall expire on December 31 of each year.

(Code 1962, § 30.8; Code 1977, § 6.12.040; Ord. No. 518-1977, § 1)

Sec. 6.12.050. License--Application requirements.

Each application for a dog license shall be made to the city clerk upon a form provided for that purpose. Each application shall be accompanied by a certificate from a duly licensed veterinarian showing that the dog has been inoculated within a sufficiently recent time with a vaccine approved by the state department of public health and environment for use in the prevention of rabies, so that such inoculation shall provide immunity from such disease during the calendar year for which the license is issued. No inoculation which was administered two years prior to the date of the making of such application shall meet the requirements of this section.

(Code 1962, § 30.8-1; Code 1977, § 6.12.050; Ord. No. 518-1977, § 1)

Sec. 6.12.060. License--Fees.

The annual license fee shall be $2.00 for each male or spayed female dog and $5.00 for each female dog. If a license is not issued prior to April 1 of each year, $1.00 shall be added to the foregoing license fee, unless the dog was acquired or the owner became a resident of the city after April 1 of any year and before January 1 of the succeeding year.

(Code 1962, § 30.8-2; Code 1977, § 6.12.060; Ord. No. 518-1977, § 1)

Sec. 6.12.070. License--Tag; issuance.

Upon application for a dog license, the furnishing of the required certificate of inoculation, and payment of the required fee, the city clerk shall issue a dog license which shall be numbered, and also a metal tag bearing the same number as the license, which tag shall be securely attached to the collar to be worn by the dog so licensed at all times.

(Code 1962, § 30.8-3; Code 1977, § 6.12.070; Ord. No. 518-1977, § 1)

Sec. 6.12.080. Dogcatcher--Code enforcement officer designated.

The chief of police may appoint a person to serve as code enforcement officer, and may appoint such assistance thereto if he deems necessary. Such code enforcement officer shall serve as the city dogcatcher.

(Code 1977, § 6.12.080; Ord. No. 718-1981, § 2)

Cross references: Administration and personnel, tit. 2.

Sec. 6.12.090. Dogcatcher--Interference with prohibited.

It shall be unlawful for any person to interfere with, molest, hinder, or prevent the dogcatcher, the code enforcement officer, or any of their assistants from discharging their duty under this chapter.

(Code 1962, § 30.8-8; Code 1977, § 6.12.090; Ord. No. 518-1977, § 1)

Sec. 6.12.100. Impoundment; authority.

A.     Any animal, including any dog, which is found running at large in violation of section 6.12.010, which is creating a public nuisance in violation of this title, and any dog which does not have attached to its collar a tag showing the dog is licensed for the current year, may be taken up by the animal control officer who may cause the animal to be impounded in a suitable place designated by resolution of the city council. When the ownership of such animal is known to the animal control officer, the animal need not be impounded, but such officer may cite the owner of such animal to appear in court to answer charges of the violation of this title.

B.     Any animal killed in any public street or on any public property shall be deemed to have been running at large and shall be removed therefrom and disposed of by the owner, if known, or if the owner is not known, by the animal control officer.

C.     Any animal which is injured on or along a public street or other public right-of-way shall be taken to a veterinarian for medical treatment, pending notification of the animal's owner, and may be impounded by the animal control officer. The owner of such animal shall be liable for and shall pay all reasonable expenses of such treatment and impoundment. Any such animal shall be deemed to have been running at large.

D.     The owner of the animal, if known, or the owner of the property if the owner of the animal is not known, shall remove and dispose of any dead animal on private property.

(Code 1977, § 6.12.100; Ord. No. 1085-1992, § 5)

Sec. 6.12.110. Notice to owner of impoundment.

A.     Upon impounding an animal pursuant to this title, the animal control officer shall post a notice at city hall and the place of impoundment containing a description of the animal being held. If the owner of the animal is known, the notice shall instead be provided by telephone or be mailed to or served on the owner or left at the owner's place of residence, as the animal control officer may determine.

B.     The animal control officer shall comply with applicable provisions of state law upon impounding any livestock.

(Code 1977, § 6.12.110; Ord. No. 1085-1992, § 5)

Sec. 6.12.120. Impoundment redemption fees.

Any owner of an impounded animal may redeem the animal from impoundment upon payment of impoundment, boarding, inoculation or veterinary fees, and any other expenses incurred by the city or the animal shelter in connection with the impoundment of the animal and its subsequent care. The amount of any city impoundment fees shall be as determined by resolution or motion of the city council from time to time.

(Code 1977, § 6.12.120; Ord. No. 1085-1992, § 5)

Sec. 6.12.130. Length of impoundment.

A.     Impoundment shall be for a period of time determined by the operator of the pound, but in no event less than five days, unless earlier claimed upon payment of all requisite fees as set forth in section 6.12.120. If a complaint has been filed in municipal court pursuant to section 6.12.020, concerning vicious animals, or section 6.12.150, concerning wild, exotic, or dangerous animals, the complaint must be resolved prior to any delivery of the animal to the owner. Animals not claimed within such time shall become the property of the city and may be disposed of by such means, as determined by the city administrator or the administrator's designee.

B.     If an animal is impounded, the animal control officer or police officer may institute proceedings in the municipal court against the owner, if known, charging the owner with a violation of this title. Nothing in this title shall be construed as preventing the animal control officer, a police officer, or a complaining citizen from instituting a proceeding in the municipal court for violation of this title where there has been no impoundment.

C.     The refusal to redeem any impounded animal by the owner thereof shall not relieve the owner of the duty to pay the impoundment, boarding and veterinary charges that may be assessed. The owner of any animal who fails or refuses to pay such fees and charges shall be in violation of this subsection.

(Code 1977, § 6.12.130; Ord. No. 1085-1992, § 5)

Sec. 6.12.140. Number of dogs and cats maintained on premises; license requirements.

A.     It is unlawful for any person to keep or harbor on any one premises more than three dogs over six months old or three cats over six months old or any combination of dogs and cats numbering more than four which are over six months old, unless such person is licensed under state law to operate a pet animal dealership or to operate a kennel and such operation conforms to the city zoning code and other applicable city regulations.

B.     Any person who, on the effective date of this section, maintains more dogs or cats, or both, than the number permitted in this section may keep and harbor each dog and cat owned as of such date but shall not replace any dog or cat kept or harbored in violation of this section.

C.     This section shall not apply to premises located in agricultural zone districts.

(Code 1977, § 6.12.140; Ord. No. 1085-1992, § 6)

Sec. 6.12.150. Keeping certain wild, exotic and dangerous animals.

A.     It is unlawful for any person to own, keep, possess, harbor, sell or in any other manner traffic in the following living species:

1.     All poisonous snakes and poisonous reptiles; and all nonpoisonous snakes with a length greater than six feet;

2.     Alligators or crocodilians with a length greater than one foot;

3.     Gorillas, chimpanzees, orangutans, baboons, monkeys, and any other nonhuman primates;

4.     Any species of feline not falling within the category of ordinary domesticated house cats;

5.     Bears of any species;

6.     Raccoons, porcupines, skunks, badgers or other like species, except ferrets (Mustela furo);

7.     Raptors; or

8.     Foxes, wolves, or coyotes, including any hybrid between dogs and wolves or between dogs and coyotes.

B.     The provisions of subsection A of this section shall not be applicable to any bona fide zoological garden, any circus or carnival licensed by the city, any veterinarian facilities, any bona fide research institute using the described animals for scientific research, or any bona fide educational facility.

C.     If, after making every reasonable attempt to seize an animal subject to subsection A of this section, including the solicitation of assistance from the animal's owner if the owner is immediately ascertainable and available, the officer reasonably determines the animal cannot be seized without exposing the officer or other persons to personal injury from the animal, the officer may destroy the animal without notice to the owner.

D.     The animal control officer and any police officer has the authority to impound any animal subject to subsection A of this section. If the impounded animal is a hybrid between a dog and a wolf or a dog and a coyote, and the owner of the animal disputes such hybrid classification, the following procedure may be followed:

1.     The owner may file a written petition with the chief of police for a hearing concerning such classification no later than four days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner.

2.     The chief will then issue a notice of hearing date by mailing a copy to petitioner's address no later than five days prior to the date of the hearing.

3.     The hearing, if any, will be held before the chief of police or a hearing officer designated by the chief. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing.

4.     The chief of police or hearing officer shall make a final determination whether the animal is a hybrid as alleged, and such determination shall be considered a final order subject to review under Rule 106(a)(4) of the state rules of civil procedure.

5.     If the animal is found to be a hybrid as alleged, and the owner produces evidence deemed sufficient by the chief of police that the animal is to be permanently taken out of the city and pays the cost of impoundment and of the hearing, which shall include the cost of any test performed to determine if the animal is a hybrid, the animal shall be released to its owner. If the director does not deem such evidence to be sufficient, the animal shall be destroyed, but the owner shall remain liable for such costs.

(Code 1977, § 6.12.150; Ord. No. 1085-1992, § 6)

Sec. 6.12.160. Pit bulls prohibited.

A.     Prohibition. It is unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull.

B.     Exceptions. The prohibition in subsection A of this section shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal pursuant to subsection F of this section, and shall operate to prevent the owner from asserting such exception as a defense in any prosecution under subsection A of this section.

1.     The owner of a pit bull, who has applied for and received a pit bull license in accordance with subsection C of this section, and who maintains the pit bull at all times in compliance with the pit bull license requirements of subsection C of this section and all other applicable requirements of this chapter, may keep a pit bull within the city.

2.     A person may temporarily transport into and keep in the city a pit bull only for the purpose of showing the pit bull in a place of public exhibition, contest or show sponsored by a dog club association or similar organization. However, the sponsor of the exhibition, contest, or show must receive written permission from the chief of police, must obtain any other permits or licenses required by city ordinance, and must provide protective measures adequate to prevent pit bulls from escaping or injuring the public. The person who transports and keeps a pit bull for showing shall, at all times when the pit bull is being transported within the city to and from the place of exhibition, contest, or show, keep the pit bull confined in a secure temporary enclosure.

3.     The owner of a pit bull may temporarily transport through the city a pit bull only if the pit bull is, at all times when the pit bull is within the city, kept confined in a secure temporary enclosure.

4.     Temporary boarding of a pit bull for care and treatment by a licensed veterinarian in a veterinary hospital or clinic shall be permitted.

C.     License. The owner of any pit bull located in the city on or before April 9, 1994, shall be allowed to keep such pit bull within the city upon compliance with the terms of the exception contained in subsection B of this section only if the owner applies for and receives an annual pit bull license on or before April 9, 1994. As a condition of issuance of a pit bull license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with all of the following regulations:

1.     The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee of $25.00.

2.     The owner of the pit bull shall keep current the license for such pit bull through annual renewal. The license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of the licensee. A pit bull license tag will be issued to the owner at the issuance of the license. The license tag shall be attached to the pit bull by means of a collar or harness and shall not be attached to any pit bull other than the pit bull for which the license is issued. If the pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a fee of $10.00.

3.     The owner of the pit bull must be at least 18 years of age on or before April 9, 1994.

4.     The owner shall present to the chief of police proof that the owner has procured liability insurance in the amount of at least $100,000.00 per pit bull, covering any damage or injury caused or which may be caused by a pit bull during the 12-month period covered by the pit bull license. The insurance shall contain a provision requiring the insurance company to provide written notice to the chief of police not less than 15 days prior to any cancellation, termination, or expiration of the policy.

5.     The owner shall, at the owner's expense, have the pit bull spayed or neutered and shall present to the chief of police documentary proof from a licensed veterinarian that this sterilization has been performed.

6.     At all times when a pit bull is on the property of the owner, the owner shall keep the pit bull confined indoors or in a secure enclosure. At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either securely leashed with a leash no longer than four feet in length capable of restraining the pit bull, and muzzled, or in a secure temporary enclosure.

7.     The owner shall not sell or otherwise transfer the pit bull to any resident of the city who intends to keep the pit bull within the city except a member of the owner's immediate family who will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the department of police within five days in the event that the pit bull is lost, stolen, otherwise missing, dies, or has a litter. In the event of a litter, the owner must deliver the puppies to the Humane Society for disposition or destruction or permanently remove the puppies from the city and provide sufficient evidence of such removal by the time the puppies are weaned. In no event shall the owner be allowed to keep in the city a pit bull puppy born after the April 9, 1994. Any pit bull puppies kept contrary to the provisions of this subdivision are subject to immediate impoundment and disposal pursuant to subsection E of this section.

8.     The owner shall cause the pit bull to wear at all times a fluorescent orange collar or harness which is of such size and color intensity as to be visible at a distance of not less than 50 feet by a person of reasonable vision.

9.     The owner shall have posted at each possible entrance to the owner's property where the pit bull is kept a conspicuous and clearly legible pit bull sign. Such pit bull sign must be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "PIT BULL DOG" in lettering not less than two inches in height.

D.     Records. The department of police shall maintain a file containing the registration number, name, owner's name and address of all pit bulls licensed under this section. The owner shall notify the department of police of any change of address.

E.     Impoundment. Notwithstanding any other provision of this chapter, the animal control officer or police officer shall be authorized to immediately impound any pit bull found in the city which does not fall within the exceptions listed in subsection B of this section, and may impound and dispose of such pit bull as the chief of police deems appropriate, except as the procedures in subsection F of this section, otherwise require.

F.     Petition regarding classification.

1.     When the code enforcement officer or member of the department of police has impounded any pit bull pursuant to this section, and the owner of such dog disputes the classification of the dog as a pit bull, the owner may file a written petition with the chief of police for an administrative hearing concerning such classification no later than seven days after impoundment. Such petition shall include the name and address, including mailing address, of the petitioner.

2.     The chief of police will issue a notice of hearing date by mailing a copy to the petitioner's address no later than five days prior to the date of the hearing. Where no written request from the owner for a hearing is received by the chief of police within seven days after impoundment, the pit bull shall be destroyed or immediately and permanently removed from the city.

3.     The hearing, if any, will be held before the chief of police or a hearing officer designated by the chief of police. Any facts which the petitioner wishes to be considered shall be submitted under oath or affirmation either in writing or orally at the hearing. At the hearing, the city shall bear the burden of proof that the impounded dog is a pit bull by a preponderance of the evidence.

4.     The chief of police or the designated hearing officer shall make a determination whether the dog is a pit bull. Such determination shall be considered a final order of the city on the matter unless, within seven calendar days after the determination, the petitioner files a written appeal of the determination with the city administrator. In such a case, the written appeal shall set forth the reasons for the petitioner's objections. The city administrator or city administrator's designee shall review the determination based upon the evidence presented at the hearing and issue a complete and final order, which shall be final upon issuance, subject to review under Rule 106(a)(4) of the state rules of civil procedure.

5.     If the dog is found to be a pit bull as alleged, and the owner produces evidence deemed sufficient by the chief of police or the designated hearing officer that the pit bull is to be permanently taken out of the city and the owner pays the cost of impoundment and of the hearing, which shall include any cost of any test performed to determine if the animal is a pit bull, the animal shall be released to its owner. If the director does not deem such evidence to be sufficient, the animal shall be destroyed, but the owner shall remain liable for such costs. If the dog is found not to be a pit bull, the dog shall be released to the owner.

(Code 1977, § 6.12.160; Ord. No. 1143-1994, § 2)

Chapter 6.16 LIVESTOCK

Sec. 6.16.010. Running at large prohibited.

It shall be unlawful for any person who is the owner or custodian of any cattle, horses, mules, sheep, hogs, or goats to suffer or permit such animals to run at large within the city. Any such animals found running at large may be taken up, impounded, and disposed of by the police department in the manner provided by state law.

(Code 1962, § 30.6; Code 1977, § 6.16.010)

Sec. 6.16.020. Keeping of certain animals prohibited.

A.     It is unlawful for any person to maintain or to keep any cattle, sheep, goats, swine, chickens, horses or other livestock within the city, except in areas zoned for such use as provided in the zoning regulations. The keeping of such animals within areas of the city not specifically excepted herein is declared to be a nuisance.

B.     It is unlawful for any person to maintain or to keep more than three ducks, geese or turkeys, or any combination thereof, within the city in areas zoned for such use as provided in the zoning regulations. The keeping of more than three fowl within areas of the city not specifically excepted herein is declared a nuisance.

(Code 1977, § 6.16.020; Ord. No. 718-1981, § 2; Ord. No. 1085-1992, § 7)

Sec. 6.16.030. Breeding of stock prohibited.

It shall be unlawful for any person to keep, maintain, or operate within the city any stable, corral, shed, building, or other place for the purpose of breeding stock or handling stallions for breeding purposes.

(Code 1962, § 30.1; Code 1977, § 6.16.030)

Sec. 6.16.040. Keeping of horses restricted.

It shall be unlawful for any person to maintain or keep any horse within the city unless the horse is maintained on at least one acre of ground and at least 150 feet from any building occupied as a residence or used for human habitation, other than the horse owner's or agistor's own residence. It is declared that the keeping of a horse contrary to this section is a nuisance.

(Code 1962, § 30.3; Code 1977, § 6.16.040)

Sec. 6.16.050. Places for horses to be kept clean.

It shall be unlawful for any person who keeps any horse within the city to permit the yard or place within which the horse is kept to become foul, noisome, putrid, malodorous, unwholesome, offensive, or in any wise dangerous or detrimental to human health, comfort, or welfare, and any such place is declared to be a nuisance and subject to abatement.

(Code 1962, § 30.5; Code 1977, § 6.16.050)

Chapter 6.20 FOWL

Sec. 6.20.010. Running at large prohibited; impoundment.

A.     It shall be unlawful for any person who is the owner of or who has the care and control of, any domestic fowl to suffer or permit the domestic fowl to run at large within the city or away from the premises of such person.

B.     Any domestic fowl which is found running at large may be taken up and impounded by the code enforcement officer or his designated assistants.

C.     If the owner of such fowl is known and it is his first offense, the police department shall notify such owner and shall return the fowl to the owner upon his payment of a fee of $0.25 for each fowl taken up and returned to him. If the owner of such fowl is unknown, or if it is not the owner's first offense, or if the owner does not claim the fowl after being notified, the fowl shall be sold by the police department and money shall be turned over to the city collector. If the owner of such fowl can establish his ownership, the money received from the sale of the fowl, less the cost of impounding, shall be paid over to the owner.

(Code 1962, § 30.13; Code 1977, § 6.20.010; Ord. No. 718-1981, § 2)

Chapter 6.24 BEES  

Sec. 6.24.010. Keeping restrictions.

No person shall keep within the city any bee yards or beehives containing bees except temporarily while moving the bee yards or beehives, and in that case the hives in which the bees are kept shall be securely closed so that the bees cannot escape therefrom.

(Code 1962, § 30.14; Code 1977, § 6.24.010)

Sec. 6.24.020. Hives to be covered while hauling.

No person shall haul or transport through the city any parts of beehives in which there is honey or comb, unless the beehives are covered with canvas or covered in some other manner so as to keep the bees which might be therein from escaping.

(Code 1962, § 30.15; Code 1977, § 6.24.020)