Ordinance Number 299

An Ordinance concerning the regulation of dogs and providing penalties for violation hereof.

Whereas, C.R.S. § 31-15-401 gives the governing body of each municipality the power and authority to pass and enforce all necessary police ordinances for the general welfare of its residents; to do all acts and make all regulations necessary or expedient for the promotion of health or the suppression of disease; and to declare what a nuisance is, the abatement process, and the imposition of fines.

Whereas, the Town has several outdated ordinances in effect regulating dogs that need updating; and

Whereas, The Board of Trustees of the Town of Deer Trail determines it is in the best interest of the Town to adopt this Ordinance.

Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado, that:

Section 1. Definitions.

For the purpose of this Ordinance, the following words shall have the following meaning unless context indicates otherwise:

Dog Owner means any person possessing or harboring a dog. The phrase shall also include any person who allows a dog to remain on his or her premises for a period of ten (10) days or more.

Dog means any domestic dog.

Dog Stray means any unlicensed or licensed dog found unattached or loose anywhere within Town limits.

Dog, male neutered means any male dog which has been castrated.

Dog, spayed female means any female dog on which an ovariectomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting said operation has been performed.

Dog, unaltered means any dog that has not been neutered or spayed.

Rabies means a specific communicable disease of both wild and domestic mammals, transmittable to humans by direct inoculation, including a bite of an infected animal, as defined by the "Public Health Department."

Vaccinations or Vaccinations for Rabies shall mean a USDA-approved rabies vaccine administered by a licensed veterinarian.

Viscous Dog shall mean a dog that bites or attacks human beings or other animals on public or private property without provocation. The phrase shall also include a dog that, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public ground or place.

Section 2. Dogs at Large.

Prohibition. It shall be unlawful for any dog owner to allow their dog to run at large in the Town unless said dog is attached to a leash and is accompanied by its owner, some member of the owner's family, or some employee or agent of the owner.
Impoundment. It shall be the duty of the Town-appointed Animal Control Officer to apprehend any dog found running at large and to impound such pursuant to Section 4 of this Ordinance.

Section 3. Vicious Dog.

Vicious Dog. No person shall own, keep, possess or harbor a vicious dog within the Town.
Impoundment. It shall be the duty of the Animal Control Officer to apprehend any vicious dog and to impound such, pursuant to Section 4 of this Ordinance. If a vicious dog cannot be captured by the Animal Control Officer, or his designee, without exposing himself or herself to danger of personal injury, the Animal Control Officer or his or her designee may destroy such dog without notice to the owner.

Section 4. Impoundment.

Registration upon impoundment. Upon impoundment of any dog, the Animal Control Officer shall make a complete registry of said dog, including identifying information and whether the dog is licensed.
Notice to Owner of Impounded Dog. Not later than one (1) day after impounding any dog, the owner of said dog shall be notified. If the owner is unknown, written notice shall be posted for three (3) days at two (2) or more conspicuous places in the Town describing the dog impounded.
Redemption of Impounded Dog. The owner of any impounded dog may reclaim said dog. If the impounded dog is not licensed, the owner shall pay the license fee within ten (10) days of the dog being released. All owners of impounded dogs are responsible for all costs and charges, including spay and neuter charges of unaltered dogs.
Impoundment Fees. The following charges apply for all impounded dogs, and shall be paid to the Town Clerk prior to the impounded dog being released:
1. Fifty Dollars ($50.00) for impounding any dog.
2. Ten Dollars ($10.00) per day for maintenance of dog in suitable living quarters; and
3. The above fees shall be doubled for secondary and all repeated offenses by same owners of recorded dogs within the same three-year period.
Impounded Dog Not Claimed. If after a period of six (6) days of impoundment a dog is not redeemed, the Animal Control Officer may dispose of said dog.
Impounded Dog Diseased. Any impounded dog which appears to be showing symptoms of an illness compatible with rabies or another infectious disease may not be released. Dogs showing symptoms of rabies must be immediately reported to the county or state public health department.

Section 5. Rabies Vaccination of Dogs Required.

Duty to Vaccinate. Every dog owner who owns or harbors any dog or dogs within Town limits shall have such dog or dogs vaccinated against rabies by a veterinarian licensed in the State of Colorado. Rabies vaccination shall be in accordance with the Compendium of Animal Rabies Prevention and Control. Such vaccination shall be kept current at all times, based on specifications from the vaccine manufacturer for the schedule of initial and booster vaccinations.
Certificate of Vaccination. Every veterinarian performing rabies vaccinations pursuant to Section 5-1 of this Ordinance shall furnish to the owner of the vaccinated dog a certificate of such vaccination.
Imported Dogs. All dogs which are brought into the Town must be current on rabies vaccination. Any required doses of rabies vaccine to become current, must be administered within thirty (30) days of the dog being present in the Town. Said imported dog must have a tag affixed to its collar or harness evidencing such vaccination.

Section 6. Annual Licensing of Dogs Required.

Duty to License. Every person who owns or harbors a dog or dogs within the Town has the duty to obtain a license for said dog or dogs from the Town.
Time Period of Licensing. Licenses issued pursuant to this Section shall be obtained during the month of April of each calendar year. If a person acquires or begins to harbor any dog after May 1 of any calendar year or before April 1 of any calendar year, that person shall, immediately following the acquisition or harboring of such dog, have the dog licensed for the applicable portion of the calendar year.
License Fee. The license fee per dog is fifteen dollars ($15.00); provided however, the license fee per dog shall be ten dollars ($10.00) if such dog is licensed at the Town's annual vaccine clinic in April of each year.
Town Clerk. The Town Clerk is responsible for issuing licenses pursuant to this Section. The Town Clerk, upon receipt of proof of vaccination and the payment of the license fee, shall issue a license for the dog. The license includes a license receipt and a tag to be attached to the collar or harness of the inoculated and licensed dog.
License Receipt. Every dog owner has the duty to retain the license receipt for their licensed dog, and the receipt shall contain the following information:
1. The name and address of the owner of the dog.
2. The date of inoculation.
3. The date the license was issued.
4. The year and series number of the dog tag; and
5. The breed, age, color, and sex of the dog.
Tags. The dog tag issued pursuant to this Section shall be made of durable material suitable to be attached to the collar or harness of the licensed dog. Each tag must state the year for which it was issued and the series number. The dog owner shall have the duty to attach the tag to the collar and harness of the licensed dog and to ensure that the collar or harness is always worn by said dog.
Period of Validity. Each license issued pursuant to this Section shall be valid for one year, or the portion of one year for which an initial license is obtained.
Imported Dogs. All dogs which are brought into the Town for more than thirty (30) days must be licensed in accordance with this Section. If the dog, prior to being imported into the Town, possesses a current license in any municipality, county, or state, the Town Clerk shall exchange said license for a Town license upon the payment of the license fee as set forth in this Section.
Unlawful Possession of License. It shall be unlawful for any person to possess a license receipt or tag provided by this Section unless the dog has been vaccinated and licensed in accordance with this Ordinance. No person may affix a tag evidencing vaccination and licensing to the collar or harness of any dog, except for the tag issued for that dog at the time of licensing.

Section 7. Dog Bites or Injuries.

Quarantine. A dog which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be kept in quarantined confinement for a period of ten (10) days, in accordance with C.R.S. § 25-4-601, 602, 603, 604, or upon recommendation with the local or state health department, may be subject to other appropriate action based on the public health, safety and welfare.
Owner Located During Quarantine. If the owner of the dog being quarantined by the Town, is located within ten (10) days of confinement, then the cost of the confinement shall be borne by the Town.
Owner not Located During Quarantine. If the owner of a dog that is subject to quarantine is unknown or not located, is not found within the ten (10) days of confinement, the Town-appointed Animal Control Officer may order said dog destroyed. The costs of such confinement shall be borne by the Town.
Rabies Suspected During Quarantine. If the dog being quarantined appears to be showing signs of an illness compatible with rabies based on the assessment of the Town-appointed Animal Control Officer or of a licensed veterinarian, immediate notification and consultation with the county or state health department is required.

Section 8. Breeding and Boarding Dog Kennels.

Limits on Number of Dogs Per Residence. There shall be no more than three (3) dogs per residence without the owner or occupant of such residence first obtaining a kennel license in accordance with the Pet Animal Care and Facilities Act.

Section 9. Enforcement and Penalties.

Enforcement. The provisions of this Ordinance shall be enforced by an Animal Control Officer appointed by the Board.
Penalties. Any owner of a dog found violating any provision of this Ordinance shall be punished by a fine of not more than four hundred ninety-nine dollars ($499.00) per each offense.

Section 10.

Ordinance No. 260 is hereby repealed.

Section 11.

If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 12. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 13. Recording and Authentication.

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 14. Effective Date.

This Ordinance shall become effective thirty (30) days after final publication.

Approved and adopted this 11th day of July 2023

Judd Behrens, Mayor
Town of Deer Trail, Colorado

Attest: Ali Eldringhoff, Town Clerk