Aurora, Colorado Ordinances
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Aurora, CO, City of Aurora, Aurora, CO 80012, (303)739-7000, www.auroragov.org
CATS
CODE OF ORDINANCES, City of AURORA, COLORADO; Codified through Ordinance No. 2011-25, enacted September 12, 2011. (Supp. No. 49)
Sec. 14-101. - Running at large.
(a)
Prohibited. It shall be unlawful for the owner of any cat
to fail to keep the cat from running at large within the city.
(1)
For the purposes of this chapter, a cat not physically
restrained when off the premises of the owner or custodian shall be deemed
running at large.
(2)
For purposes of this chapter, the term "premises of
the owner or custodian" shall be defined as the residence of the owner or
custodian, including the attached property surrounding the residence that is
leased or owned by the owner or custodian, but not including any common area,
park or recreational property jointly owned or leased by the members of a
homeowners' or tenants' association.
(3)
No cat shall be deemed to be running at large when the
animal is upon the premises of the owner.
(4)
Any cat enclosed within the automobile or other vehicle of
its owner or custodian shall be deemed to be upon the owner's or custodian's
premises.
(b)
Penalty. Any person found guilty of violating this section
shall, upon the first conviction, be subject to the payment of a fine of not
less than $15.00, upon the conviction of a second offense occurring within a
one-year period shall be fined a sum not less than $25.00, and upon the third
and subsequent offenses committed within a one-year period shall be fined an
amount not less than $75.00 nor more than $1,000.00. In addition to the fines
stated in this subsection, a person convicted under this section, may be subject
to not more than one year in jail. None of the fines shall be suspended by the
municipal court. Nothing in this subsection shall be construed as preventing the
animal care officer from instituting a proceeding in the municipal court for
violation of this section where there has been no impoundment.
(Code 1979, § 7-30; Ord. No. 97-51, § 8, 10-13-97)
Sec. 14-102. - Excessive number prohibited.
(a)
It shall be unlawful to own, keep or harbor more than five
cats that are four months of age or older on any premises. Only one litter of
offspring may be kept on the premises until the age of four months. Exceptions
are as follows:
(1)
Licensed kennels, pet shops, city shelters and individuals
in possession of a valid fancier's permit with the conditions established by the
city council for the permit. In no event shall the permit authorize the
possession of more than ten cats.
(2)
Individuals exceeding the allowable number of cats at the
time of the enactment of the ordinance from which this section derives may be
permitted excess allowable number of cats if the specific existing cats were
licensed by the animal care division at the time this section became effective
on February 18, 1994.
(b)
It shall be affirmative defense to excessive number of cats
prohibited if the owner is engaged in a bona fide effort to rescue cats and
possesses an animal rescue permit. The owner must make application for the
permit to the animal care division within 14 days of taking custody of the
additional cats. The permit shall give the owner three months to dispose of the
cats or otherwise return to the limit of permitted cats. A maximum of two rescue
permits shall be issued to a household at any one time.
(Code 1979, § 7-31; Ord. No. 97-51, § 9, 10-13-97; Ord.
No. 2002-02, § 1, 2-25-2002)
GENERALLY – DOGS & CATS
Sec. 14-41. - Licensing.
Sec. 14-42. - Spay or neuter.
Sec. 14-43. - Sale in public places.
Secs. 14-44—14-70. - Reserved.
Sec. 14-41. - Licensing.
(a)
License required. Any owner of a domesticated dog or cat
kept as a household pet or working within the city shall obtain a one-year or a
three-year animal license, from the city or its designated agents, for each
animal over the age of six months. No license shall be issued until the
applicant for the license provides proof of current vaccination for rabies as
required in this chapter.
(b)
Assessment of fees. An animal license fee for domesticated
dogs and cats kept as household pets shall be assessed pursuant to the annual
administrative fees as adopted by the council.
(c)
Expiration and renewal. A one-year animal license shall
expire 12 months from the date of issuance. A three-year animal license shall
expire 36 months from the date of issuance. An animal license may be reissued
upon payment of fees as stated in subsection (b) of this section.
(d)
License tags. It is the responsibility of any owner, keeper
or possessor of a domesticated dog or cat kept as a household pet or working
within the city to cause such animal to wear at all times a metal tag bearing
the legible number of a current license issued for such animal as provided for
in this section. At any trial concerning a violation charged under this section,
the absence of such tags shall be prima facie evidence that such animal was not
properly licensed.
(e)
Penalty. Any person found guilty of violating this section
shall, upon the first conviction, be subject to the payment of a fine of not
less than $50.00, upon the conviction of a second offense occurring within a
one-year period shall be fined a sum not less than $75.00, and upon the third
and any subsequent convictions shall be fined not less than $100.00 and not more
than $1,000.00. In addition to the fines stated in this subsection, a person
convicted under this section may be subject to not more than one year in jail.
None of the minimum monetary fines in this subsection shall be suspended by the
municipal court.
(Code 1979, § 7-56; Ord. No. 97-51, § 6, 10-13-97; Ord.
No. 2002-70, § 4, 11-18-2002)
Sec. 14-42. - Spay or neuter.
(a)
Spay or neuter required. It shall be unlawful to own,
possess or keep in the city any dog, rabbit or cat over the age of six months
that has not been spayed or neutered, except as provided in subsection (b) of
this section.
(b)
Exceptions. The following are exceptions to the spay or
neuter requirements in subsection (a) of this section:
(1)
Medical. A licensed veterinarian has determined that an
animal is medically unsuited to undergo the surgical procedure. A signed
statement from a licensed veterinarian is required and shall state specifically
the medical grounds for the exemption.
(2)
Temporary medical. When the animal's medical condition is
temporary in nature, the licensed veterinarian shall sign a written statement as
to the prognosis of when the surgery may be performed. The date given on that
prognosis shall become the expiration date of the temporary medical exemption.
After the period of the temporary medical exemption, spay or neuter shall be
required unless a licensed veterinarian provides another temporary medical
exemption and prognosis of when the surgery may be performed.
(3)
Transitory status. An animal which is temporarily in the
city. When an animal is temporarily in the city for breeding purposes, the owner
of such animal is required to have and present, when requested, a certificate of
health signed by a licensed veterinarian.
(4)
Intact animal license. An owner obtains an annual intact
animal license and is in compliance with the city annual licensing requirements
contained in this chapter.
(c)
Litter permit and registration number. All litters, or a
portion thereof, of puppies or kittens that are to be whelped, queened, sold,
traded, bartered, given away, or otherwise transferred within the City of Aurora
shall have a litter permit and registration number.
(1)
The owner or possessor shall obtain a litter permit and
registration number within one week of obtaining possession of any litter, or
portion thereof, of puppies or kittens.
(2)
Owners or possessors shall abide by all the litter permit
and registration administrative requirements.
(3)
The litter permit and registration number requirements, of
this subsection, shall not apply to pet shops.
(d)
Penalty. Any owner found guilty of violating this section
and not classified within the exceptions shall be subject to both fine and
imprisonment as provided by section 1-13 of this Code. Upon the first
conviction, the court shall impose a fine of not less than $100.00. A portion of
the minimum monetary fines and imprisonment may be suspended by the municipal
court only if the owner of any animal in violation presents to the court proof
of the spay or neuter of the animal. Upon a second conviction, in addition to
any penalty provided by section 1-13, the owner shall be required to spay or
neuter the animal; (unless the owner provides a written statement from a
licensed veterinarian that the spay or neuter procedure would be harmful or
dangerous to the health of the animal). Nothing in this subsection shall be
construed as preventing the animal care officer from instituting a proceeding in
the municipal court for violation of this section where there has been no
impoundment.
(Code 1979, § 7-15; Ord. No. 97-51, § 7, 10-13-97; Ord.
No. 2002-70, § 5, 11-18-2002; Ord. No. 2009-42, § 1, 9-28-2009)
Sec. 14-43. - Sale in public places.
A person shall not display any dog or cat in a public place
for the purpose of selling or giving the animal away. The term "public
place" shall include but not be limited to streets, highways, areas
exterior to shops or businesses, carnivals, sidewalks and flea markets. This
section does not apply to a registered rescue group or animal welfare society.
(Code 1979, § 7-16)
DIVISION 2. - DOGS
Sec. 14-71. - Excessive number prohibited.
Sec. 14-72. - Keeping barking dogs.
Sec. 14-73. - Reserved.
Sec. 14-74. - Guard dogs.
Sec. 14-75. - Unlawful keeping of pit bulls.
Secs. 14-76—14-100. - Reserved.
(a)
It shall be unlawful for any person to keep or harbor more
than three dogs that are four months of age or older on any premises. Only one
litter of offspring may be kept on the premises until the age of four months.
Exceptions are licensed kennels, pet shops and city shelters and individuals in
possession of a valid fancier's permit with the conditions established by the
city council for the permit. In no event shall the permit authorize the
possession of more than six dogs except as provided in subsection (b).
(b)
Exceptions. The following exceptions shall apply to the
issuance of a fancier's permit.
(1)
A fancier's permit may be issued for American Kennel Club (AKC)
registered dogs for the possession of up to six intact dogs, or eight intact
dogs if at least two are actively being shown at a current AKC dog show. This
limit shall be in addition to one litter until the age of six months.
(2)
A fancier's permit may be issued for residents in R-A zoned
districts for four dogs per each full acre not to exceed ten household pets per
property. This limit shall be in addition to one litter until the age of six
months.
(3)
The issuance of permits under these exceptions shall be in
accordance with the conditions established by the city council.
(c)
It shall be an affirmative defense to excessive number of
dogs permitted if the owner is engaged in a bona fide effort to rescue dogs and
possesses an animal rescue permit. The owner must make application for the
permit to the animal care division within 14 days of taking custody of the
additional dogs. The permit shall give the owner three months to dispose of the
dogs or otherwise return to the limit of permitted dogs. A maximum of two
permits shall be issued to a household at any one time.
(Code 1979, § 7-22; Ord. No. 2002-01, § 1, 2-25-2002)
Sec. 14-72. - Keeping barking dogs.
It shall be unlawful to keep or harbor any dog which by
frequent, habitual or continued barking, yelping or howling shall cause an
annoyance or inconvenience to a neighbor or to people passing to and from upon
the public streets or sidewalks, and such is declared to be a nuisance as
defined in section 14-12 and a violation of this chapter. The animal care
officer or a member of the police department shall have the authority to use all
reasonable means to abate such nuisance, including but not limited to requiring
that the owner make bona fide efforts to quiet the dog or impoundment of the dog
where the owner is absent from the premises. Upon impoundment of a dog for
violation of this section, the animal care officer or police officer shall
attempt to locate and notify the absent owner by any reasonable means as readily
as possible. No summons and complaint shall be issued nor shall there be a
conviction for violation of this section unless there are at least two or more
complaining witnesses from separate households who shall have signed such
complaint and shall have testified at trial. An animal care 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 frequent, habitual
or continued barking, yelping or howling may satisfy the requirement for the
second complaining witness and may give testimony to such observations at trial.
(Code 1979, § 7-23)
Sec. 14-73. - Reserved.
Sec. 14-74. - Guard dogs.
The term "guard dog" shall mean any dog trained
or used to protect persons or property by attacking or threatening to attack any
person found within the area patrolled by the dog and that is either securely
enclosed within that area at all times or under the continuous control of a
trained handler. It shall be unlawful for any person to place or maintain guard
dogs in any area for the protection of persons or property unless the following
are met:
(1)
The dogs shall be confined to an enclosed area adequate to
ensure they will not escape; or
(2)
They shall be under the absolute control of a handler at
all times when not securely enclosed; and
(3)
The owner or other person in control of the premises upon
which a guard dog is maintained shall post warning signs on, over or next to all
exterior doors stating that such a dog is on the premises. At least one such
sign shall be posted at each driveway or entranceway to the premises. Such signs
shall be in lettering clearly visible from either the curbline or a distance of
50 feet, whichever is less, and shall contain a telephone number where some
person responsible for controlling such guard dog can be reached 24 hours a day;
and
(4)
Prior to the placing of a guard dog on any property, the
person responsible for the placing shall inform the animal care officer, the
police department and the fire department, in writing, of his or her intention
to post the dog; the number of dogs to be posted; the location where the dog
will be posted; the approximate length of time the dog will be guarding the
area; the daily hours the dog will be guarding the area; the breed, sex and age
of the dog; and the rabies tag number of the dog. Such notice must be renewed
every six months.
(Code 1979, § 7-25)
Sec. 14-75. - Unlawful keeping of pit bulls.
(a)
Prohibited. It shall be unlawful for any person to have,
own, possess, keep, exercise control over, maintain, harbor, transport, or sell
within the city any pit bull.
(b)
Definitions.
(1)
"Immediate family" for purposes of this chapter,
includes the owner's spouse, child, parent or sibling.
(2)
"Handler" for purposes of this chapter, means an
individual with a disability who is utilizing a service dog, as that term is
defined in this chapter, to do work or perform tasks directly related to the
individual's disability. If over the age of 18, the handler must also be the
owner of the service dog. If under the age of 18, the handler's legal guardian
must be the owner of the service dog.
(3)
"Muzzle" for purposes of this chapter, shall mean
a restraining device made of metal, plastic, leather, cloth or a combination of
these materials that, when fitted and fastened over a snout/mouth/head, prevents
the dog from biting but allows room for the dog to breath and pant. The muzzle
must be made in a manner that will not cause injury to the dog or interfere with
its vision or respiration, but must prevent it from biting any person or animal.
(4)
"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 or genetic markers 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 or United
Kennel Club for any of the above breeds.
(5)
"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 secured with a keyed or combination lock so that the pit bull
cannot exit the enclosure on its own.
(6)
"Secure pen or enclosure" for the purposes of
this chapter, shall mean a six-sided structure designed to prevent entry of a
child or escape of a pit bull. Such pen or structure must have minimum
dimensions of five-feet by ten-feet per animal housed within and must have
secure chain-link sides, a secured top and a secure bottom. The enclosure must
provide protection from the elements for the dog. All structures erected to
house a pit bull must comply with all zoning and building ordinances and
regulations of the city and shall be kept in a clean and sanitary condition. The
gate of the pen or enclosure shall be secured with a keyed or combination lock.
(7)
"DNA testing" DNA (Deoxyribonucleic Acid) is the
genetic blueprint that contain most of the genetic instructions for every
canine's body make up (height, weight, size etc.). DNA testing means a genetic
analysis to identify key single-nucleotide polymorphisms marker locations
(genetic markers) that may detect the breed, type and variety of a dog and may
show the ancestral breed composition of a particular dog.
(8)
"DNA test evidence" an owner may, at the owner's
expense, submit a DNA sample of a dog to a veterinarian or other professional to
test for the genetic history of a dog. Such test should look for the genetic
markers for the following breeds: American Pit Bull Terrier, American
Staffordshire Terrier, and Staffordshire Bull Terrier. In order to be considered
a pit bull the DNA testing must demonstrate a genetic blueprint of excess of 50
percent of pit bull. The DNA test results shall constitute evidence which the
court may consider in establishing that a dog is other than a breed banned by
this section. DNA testing results shall override any subjective evidence
including observational findings to the contrary. If an owner indicates to a
judge that a DNA test will be performed, the court may issue appropriate orders
as to the release of the dog with any additional conditions that the court
believes will minimize any danger to the community during the pendency of the
testing and obtaining the results.
(c)
Exceptions. The prohibition in subsection (a) 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 may
subject the pit bull to immediate impoundment and disposition.
(1)
The owner of a pit bull who has applied for and received a
pit bull license and who maintains the pit bull at all times in compliance with
the pit 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 animal care division may temporarily transport and
harbor any pit bull for purposes of enforcing the provisions of this chapter.
(3)
Any veterinarian while treating or grooming a pit bull, or
holding such pit bull after treatment until claimed by the owner or released to
an animal care officer.
(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 city manager or designee, 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 locked with a keyed or combination lock and bearing a
caution sign affixed in a conspicuous location warning people a pit bull is
confined within.
(5)
The owner of a pit bull may temporarily transport the pit
bull through the city. During such transport the owner may not stop within the
city for any reason not reasonably related to and necessary for travel. During
such travel, the owner shall keep the pit bull muzzled and either in a secure
temporary enclosure or securely leashed with a leash no longer than four feet in
length held by someone 21 years of age or older who is capable of effectively
controlling the dog. Extension-style leashes may not be used. Leashes may not be
attached to inanimate objects.
(6)
The owner/handler of a pit bull that is the handler's
service animal 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 pit bull license requirements of subsection (d) of this
section and all other applicable requirements of this chapter, may keep a pit
bull that is a service animal within the city. If an animal care division or
other authorized city law enforcement officer makes contact with an
owner/handler of a pit bull not licensed pursuant to this section and the
owner/handler asserts that his or her dog is a service animal, the owner/handler
shall be informed of this section and instructed to obtain a pit bull license
pursuant to subsection (d) below within 72 hours of the initial contact. Failure
to obtain a pit bull license shall result in impoundment of the dog pursuant to
subsection (e) of this section.
(7)
A non-resident owner/handler may temporarily transport into
and hold in the city a pit bull that is the owner/handler's service animal for a
period not exceeding two weeks. During such temporary transport or holding, the
owner/handler shall keep the pit bull muzzled and securely leashed with a leash
no longer than four feet in length held by the owner/handler who requires the
use of the service animal. In the event the handler, because of a disability, is
not able to use a muzzle or leash no longer than four feet in length, or in the
event the use of a muzzle or a leash no longer than four feet in length would
interfere with the service animal's safe, effective performance of work or
tasks, the service animal must be otherwise under the handler's control.
(d)
License. The owner of a pit bull who has applied for and
received a pit bull license within 60 days of the effective date of this section
or the owner/handler of a pit bull that is a service animal who has applied for
and received a pit bull license shall be allowed to keep such pit bull within
the city. 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 a current
rabies vaccination and shall pay an annual pit bull license fee to be set by
city council. The annual pit bull license fee shall be waived for a pit bull
that is a service animal.
(2)
The owner of the pit bull shall keep current the license
for such pit bull through annual renewal. Such license is not transferable or
renewable except 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 which must be worn by the animal at all
times, clearly visible, and shall not be attached to any pit bull other than the
pit bull for which the license was issued.
(3)
The owner must be at least 21 years of age. This regulation
shall be waived for a pit bull that is a service animal when the handler is
between at least 18 years of age, but under 21 years of age.
(4)
The owner shall present to the city manager or designee
proof that the owner has homeowner's or renter's insurance with a minimum of
$100,000.00 for liability coverage which will cover any damage or injury caused
by a pit bull during the 12-month period covered by the pit bull. This
regulation shall be waived for a pit bull that is a service animal.
(5)
The owner shall, at the owner's own expense, have the pit
bull spayed or neutered and shall present to the city manager or designee
documentary proof from a licensed veterinarian that this sterilization has been
performed.
(6)
The owner shall, at the owner's own expense, have a
microchip containing an identification number implanted into the pit bull. The
owner shall also, at the owner's expense, register the microchip number with a
national data bank and provide proof of such registration to the animal care
division. The city manager or designee shall maintain a file containing the
registration numbers and names of the pit bull and the names and addresses of
the owners. The owner shall notify the city manager or designee of any change of
address.
(7)
Except as stated below and at all times when a pit bull is
at the property of the owner, the owner shall keep the pit bull confined. When
outdoors, all pit bulls shall be confined in a locked secure pen or enclosure or
with its owner/handler or an adult at least 21 years of age in the rear yard
with the dog, and the rear yard enclosed by a six foot fence maintained in
accordance with chapter 146 of this Code. A warning sign shall be affixed to the
gate of the structure notifying people a pit bull is contained within. This
regulation related to the warning sign shall be waived for a pit bull that is a
service animal.
(8)
No pit bull may be kept on a porch, patio or in any part of
a house or structure that would allow the dog to exit such building on its own
volition. This regulation shall be waived for a pit bull that is a service
animal.
(9)
At all times when a pit bull is away from the property of
the owner, the owner shall keep the pit bull muzzled and either in a secure
temporary enclosure or securely leashed with a leash no longer than four feet in
length held by someone 21 years of age or older who is capable of effectively
controlling the dog. Extension-style leashes may not be used. Leashes may not be
attached to inanimate objects. In the event the handler, because of a
disability, is not able to use leash no longer than four feet in length, or in
the event the use of a muzzle or a leash no longer than four feet in length
would interfere with the service animal's safe, effective performance of work or
tasks, the service animal must be otherwise under the handler's control at all
times when away from the property of the owner/handler in a manner relayed to
the city manager or designee at the time of licensing. This regulation and the
means for controlling the pit bull may be modified and portions may be waived
for service animals by the city manager or designee as determined on a
case-by-case basis.
(10)
The owner shall not sell or otherwise transfer the pit bull
to any person residing 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.
(11)
The owner shall immediately notify the animal care division
in the event that the pit bull is loose, stolen, at-large, unconfined, has
mauled, bitten, attacked, threatened, or in any way menaced another animal or
human, or has died.
(12)
The owner shall have posted at the front door entrance to
the owner's property where the pit bull is kept a conspicuous and clearly
legible pit bull warning sign obtained from the animal care division. This
regulation shall be waived for a pit bull that is a service animal.
(13)
No person applying for a pit bull license shall be granted
a litter or fancier's permit pursuant to section 14-42 of this section for such
pit bull.
(14)
Failure to comply with any of these conditions shall result
in a revocation of the license, impoundment and disposition pursuant to
subsection (e) of this section.
(e)
Impoundment. The animal care division is authorized to
immediately impound any pit bull found within the city limits which does not
fall within the exceptions listed in subsection (c) or (d), subject to a
pre-trial hearing pursuant to section 14-4 of this Code. If the dog is found to
be an unlicensed pit bull it shall be destroyed unless the owner produces
evidence deemed sufficient by the court that the pit bull is to be permanently
taken out of the city. Sufficient evidence must include, but is not limited to,
a notarized agreement from the person taking custody of the animal containing an
address and date of transfer. Additionally, the owner must consent to an in-home
inspection by the animal care division within 30 days of release for the purpose
of verifying the dog's removal from the city. Prior to release, the owner must
pay the cost of impoundment and microchip the dog pursuant to subsection (d)(6)
of this section. If the dog is found not to be a pit bull or if the dog is found
to be a service animal, the dog shall be released to the owner. Notwithstanding
a finding that the dog is not a pit bull or a finding that the dog is a service
animal, a dog may be impounded and the owner/handler may be held responsible for
violations of this section or any other applicable state or local law, including
but not limited to, the ordinances contained in chapter 14 of the Aurora
Municipal Code.
(f)
Penalty.
(1)
Any person found guilty of violating this section with a
licensed pit bull, upon conviction, could be subject to the penalty provisions
of City Code section 1-13.
(2)
Any person found guilty of violating this section with an
unlicensed pit bull shall, upon conviction, be subject to the payment of a fine
of not less than $700.00. In addition to the fines stated in this subsection, a
person convicted under this section may be subject to not more than one year in
jail. None of the minimum monetary fines in this subsection shall be suspended
by the municipal court and the penalties in this subsection may be imposed in
addition to the court-ordered destruction provided in section 14-4
ARTICLE I. - IN GENERAL
Sec. 14-1. - Definitions.
Sec. 14-2. - Inspection and enforcement powers.
Sec. 14-3. - Destruction of injured animals.
Sec. 14-4. - Impoundment; court proceedings; destruction of
animals.
Sec. 14-5. - Running at large.
Sec. 14-6. - Cruelty; mistreatment.
Sec. 14-7. - Keeping vicious, aggressive or dangerous
animals.
Sec. 14-8. - Keeping wild, exotic or dangerous animals or
livestock.
Sec. 14-9. - Removal of excrement.
Sec. 14-10. - Damage to property.
Sec. 14-11. - Rabies control.
Sec. 14-12. - Public nuisance.
Sec. 14-13. - Humane care.
Sec. 14-14. - Trapping.
Sec. 14-15. - Beekeeping.
Secs. 14-16—14-40. - Reserved.
Sec. 14-1. - Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Abandon means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody or any other person having possession of such animal.
Animal means a living organism other than a plant or
bacterium. Animal in this Code includes arthropods, amphibians, reptiles, birds,
and mammals. As used in this Code, the term "animal" excludes humans.
Animal care officer means any person empowered by the city
to enforce this chapter by means of appropriate police powers.
Animal grooming service means any place or establishment
where animals are kept less than 24 hours to be clipped, combed or otherwise
groomed for compensation for the purpose of enhancing their appearance,
aesthetic value or health.
Animal shelter means any premises designated by the city
manager for the humane boarding and caring for any animal impounded under this
chapter or any other ordinance or laws of the state.
Cat means any member of the felidae family including the
domestic cat, lion, tiger, leopard, jaguar, cougar, wildcat, lynx and cheetah
and any member of the feline family regardless of sex.
Cat, spayed/neutered means any cat upon which spaying or
other neutering procedure has been performed by a licensed veterinarian and
accompanied by a certificate asserting such operation or other procedure has
been performed.
Cattery means any structure or premises where more than
three adult cats are kept, whether by the owners of the cats or by persons
providing facilities and care whether or not for compensation. A cattery does
not include a small animal hospital, clinic or pet shop.
Circus means a commercial variety show featuring feats of
horsemanship, balancing, tumbling, vaulting, and where clowns or acrobats, wild
animals, performers and actors entertain the audience.
Dog, female/male means any dog upon which no alternative
surgery of the genital organs or other neutering procedure has been performed.
Dog kennel means any facility for housing, boarding,
harboring, training or breeding where more than three dogs that are four months
of age or older are kept.
Dog, spayed/neutered means any dog upon which any neutering
procedure has been performed by a licensed veterinarian and accompanied by a
certificate asserting such operation or other procedure has been performed.
Domesticated means any animal customarily adapted so as to
commonly live safely within the community.
Household pet means any domesticated animal commonly kept
in the primary residence. Household pets include dogs, domestic cats, domestic
caged birds, canaries, parrots, rabbits, hamsters, guinea pigs and similar
rodents, fish, and reptiles so long as such animals are not kept to supplement
food supplies or for any commercial purpose whatsoever. Household pet does not
include livestock or potbellied pigs.
Hybrid means any offspring of two animals of different
breeds, varieties, species or genera.
Intact means any dog or cat upon which no alternative
surgery of the reproductive organs or other neutering procedure has been
performed.
Kennel means any structure or premises used for boarding or
breeding of any animal for compensation or for profit.
Livestock means any domesticated animal, including but not
limited to equine, bovine genus, ruminantia, sheep, goats, pigs, peacocks,
turkeys, chickens, pigeons, ducks, geese, ratite or other poultry or fowl or
mink.
Microchip means an electronic transponder intended for the
subcutaneous insertion into an animal for the use of identification.
Mistreatment means every act or omission which causes or
unreasonably permits the continuation of unnecessary abuse or unjustifiable pain
or suffering.
Motor vehicle means any motor vehicle, including but not
limited to the open bed of a truck, a convertible vehicle with the top down or
removed, the rear storage portion of a station wagon with the tailgate open and
the trunk or hatchback portion of any vehicle with trunk or hatchback open.
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 and control of any animal to which the section in which the
word appears is applicable.
Pack animals means animals used for carrying materials,
including such animals as horses, donkeys, burros or llamas.
Pet shop means any business engaged in buying, selling,
trading or bartering for resale or wholesale pet animals to consumers, brokers,
commissioned merchants or any middleman.
Ratite means a sub-ordinal group of birds with small or
rudimentary wings and no keel to the breastbone that are nonetheless descended
from birds with the power of flight, including ostriches, rheas, cassowaries and
emus, elephant birds, moas and kiwis.
Rescue means the capture of either a dog or cat that is
either running at large or abandoned.
Ruminantia means any even-toed hoofed mammals including
sheep, goats, deer, elk, llama and alpaca that chew their cud and have a complex
three or four-chambered stomach.
Veterinary clinic means any establishment maintained and
operated by a licensed veterinarian for surgery, diagnosis and treatment of
diseases and injuries of animals.
Zoological park means a garden or a park where wild or
exotic animals are kept for exhibition.
(Code 1979, § 7-1; Ord. No. 97-51, § 1, 10-13-97; Ord.
No. 2002-70, § 1, 11-18-2002; Ord. No. 2004-52, § 1, 8-23-2004)
Cross reference— Definitions generally, § 1-2.
Sec. 14-2. - Inspection and enforcement powers.
(a)
Interference unlawful. It shall be unlawful for any person
to interfere with, molest, hinder or obstruct the animal care officer or any
other city employee or official in the discharge of official duties under this
chapter.
(b)
Inspection procedure. Whenever it becomes necessary to make
an inspection to enforce any of the provisions of or to perform any duty imposed
by this chapter or other applicable law or whenever the animal care officer or
authorized representative has reasonable cause to believe that there exists in
any building or upon any premises any violation of the provisions of this
chapter or other applicable law, the animal care officer or authorized
representative is authorized to enter such property at any reasonable time and
to inspect the property and perform any duty imposed upon the animal care
officer by this chapter or by other applicable law, provided that:
(1)
If such property is occupied, the animal care officer shall
first present proper credentials to the occupant and request and obtain
permission for entry, explaining the reasons therefor; or
(2)
If such property is unoccupied, the animal care officer
shall first make a reasonable effort to locate the owner or other person having
charge or control of the property and request entry, explaining the reasons
therefor. If such entry is refused or cannot be obtained because the owner or
other person having charge or control of the property cannot be found after due
diligence, the animal care officer or authorized representative shall have
recourse to every remedy provided by law to secure lawful entry and inspect the
property. Notice of the entry shall be given by posting such notification at an
entrance to or at a conspicuous place upon such area or building where such
animal is confined.
(c)
Immediate inspection. Not withstanding subsection (b) of
this section, if the animal care officer or authorized representative has
reasonable cause to believe that the keeping or the maintaining of any animal is
so hazardous, unsafe or dangerous as to require immediate inspection to
safeguard the animal or the public health or safety, the animal care officer
shall have the right immediately to enter and inspect such property and may use
any reasonable means required to effect such entry and make such inspection,
whether such property is occupied or unoccupied and whether or not permission to
inspect has been obtained. If the property is occupied, the animal care officer
shall first present proper credentials to the occupant and demand entry,
explaining the reasons therefor and the purpose of the inspection.
(d)
Exemption for police dogs. Police dogs shall be deemed
exempt from the provisions of this chapter while being used by the police
department in the performance of the functions and duties of the police
department.
(Code 1979, § 7-10; Ord. No. 2002-70, § 2, 11-18-2002)
Sec. 14-3. - Destruction of injured animals.
Any police officer or animal care shelter supervisor or
designee may lawfully destroy or cause to be destroyed any animal in his or her
charge when, in the judgment of such officer, such animal appears to be
seriously injured, disabled, diseased past recovery or unfit for any useful
purpose.
(Code 1979, § 7-12; Ord. No. 2002-70, § 2, 11-18-2002)
Sec. 14-4. - Impoundment; court proceedings; destruction of
animals.
(a)
Animal shelter. The city shall provide for an animal
shelter for the city in the enforcement of this chapter. The city animal shelter
shall be any premises designated by the city manager for the humane boarding and
caring for any animal impounded under this chapter or any other ordinance or law
of the state. This chapter shall be enforceable by any animal care officer and
by any police officer or other person who may be so authorized by the Code. They
shall be authorized to issue, sign and serve summonses and complaints and to
make all determinations within their discretion in compliance with this chapter.
(b)
Length of impoundment. If there is probable cause to
believe that there is a violation of sections 14-5(a) through (c), 14-6(a)
through (d), 14-7(a), 14-8, 14-12, 14-13(a), 14-72, 14-74 or 14-75 the animal
may be taken into custody by the animal care officer or member of the police
department and impounded in the animal shelter in a humane manner for a period
of not less than three days, unless earlier claimed upon payment of all
requisite fees as set forth in subsection (g) of this section if a complaint has
not been filed in municipal court pursuant to subsection (f) of this section. If
the owner fails to claim the impounded animal after three days subsequent to
being notified or reasonable efforts to notify have been made, the animal shall
become the property of the city and shall be disposed of in a humane manner at
the discretion of the city manager or designee. The owner shall still be subject
to all fees and costs.
(c)
Failure to produce animal. The owner of any animal subject
to impoundment under subsection (b) of this section shall, on demand of the
animal care officer, or other person who may be so authorized by the Code,
produce the animal for impoundment as prescribed in this section. It shall be
unlawful for the owner of any such animal to fail or refuse to produce the
animal on demand. Any such failure or refusal shall subject the owner to
immediate arrest, should probable cause exist to believe that the owner is
harboring or keeping the animal and refuses to produce it upon such demand. Upon
arrest, the owner shall be held to appear before a judge of the municipal court
who may order the immediate production of the animal. Each day of such willful
refusal to produce the animal shall constitute a separate violation and offense.
(d)
Fees. The city manager shall promulgate the fees relevant
to this chapter in accordance with city procedures concerning administrative
charges for city services.
(e)
Notice. The animal care officer shall make every reasonable
effort to identify and notify the owner of the impoundment of the animal.
(f)
Court proceedings against animal owner. If a dog or other
animal is impounded, the animal care officer or member of the police department
may institute proceedings in the municipal court on behalf of the city against
the animal owner, if known, charging the owner with a violation of this chapter.
Nothing in this section shall be construed as preventing the animal care
officer, a member of the police department or any other person who may be
authorized pursuant to this Code from instituting a proceeding in the municipal
court for violation of this chapter when there is probable cause to believe that
the violation occurred but where there has been no impoundment.
(g)
Court findings; release of animal; destruction; surrender.
If a complaint has been filed in the municipal court against the owner of an
animal impounded for violation of section 14-5(a) through (c), 14-6(a) through
(d), 14-7(a), 14-8, 14-12, 14-13(a), 14-72, 14-74 or 14-75, the animal shall not
be released from impoundment except on the order of the municipal judge. Charges
and payment of all costs under subsection (g) of this section, in addition to
any penalties for violation of this chapter, shall be assessed against the
owner. 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
(b) of this section. Such an order releasing an animal shall not occur without
24 hours' notice to the city animal shelter and the city attorney's municipal
court office, so as to provide an opportunity to oppose release based on the
character of the animal; prior offenses involving the same owner or animal;
improper care; or prior unpaid fines, fees or charges. The municipal judge may,
upon making a finding that the alleged owner has failed, without prior excuse,
to appear for any court date on the complaint, order the animal to be
surrendered to the Aurora Animal Care Division or destroyed in a humane manner
under the supervision of the animal care officer. When, at a hearing for release
or destruction, an owner of an animal that has been found by the municipal
court, by a preponderance of the evidence, to have violated any provision of
section 14-75, the animal shall be destroyed unless the owner produces evidence
deemed sufficient by the court pursuant to section 14-75(e) that the pit bull or
restricted breed of dog is to be permanently taken out of the city. When, at a
hearing for release or destruction, an owner of an animal that has been found by
the municipal judge, by a preponderance of the evidence, to have violated
section 14-5(a) through (c), 14-7(a), 14-12, 14-72 or 14-74, the animal shall be
ordered surrendered for disposition or destroyed unless the municipal judge
finds, by a preponderance of the evidence, there exists reasonable assurance
that the animal can be safely maintained, cared for and controlled without
danger to the community or that the animal does not create a nuisance to the
surrounding neighbors or community. In determining whether the animal can be
safely maintained, cared for and controlled by its owner, the judge shall
consider 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 vicious, aggressive or dangerous tendencies regardless of
impoundment status; however, the mere absence of other instances of post-bite
vicious, aggressive or dangerous behavior, regardless of impoundment status,
shall not be sufficient to support a finding in favor of release. Additionally,
when determination of the animal being a nuisance is made, the judge shall
consider the frequency of violations and the degree of annoyance.
(1)
When, at a pretrial hearing for release, destruction,
surrender, an owner of an animal has been found by the municipal judge, by a
preponderance of the evidence, to have violated section 14-6 or 14-13 of this
section, the animal shall be ordered surrendered to the Aurora Animal Care
Division for disposition unless the municipal judge finds, by a preponderance of
the evidence, there exists reasonable assurance that the animal can be safely
maintained, cared for and controlled without danger to the animal. Surrender of
an animal by the owner to the animal care officer shall not relieve or render
the owner immune from the decision of the court or from the fees and fines or
penalties which may result from any violation of this chapter.
(2)
When, at a pretrial hearing, an owner of an animal has been
found by the municipal judge, by a preponderance of the evidence, to have
violated section 14-8 of this section, the animal shall be ordered surrendered
to the Aurora Animal Care Division for disposition.
(3)
When, at a pretrial hearing, an owner of an animal has been
found by the municipal judge, by a preponderance of the evidence, to have
violated section 14-7(a), and such violation is a second violation of section
14-7(a) involving the same animal, the animal shall be ordered destroyed.
(h)
Payment of fees prior to animal's release. Subject to
subsections (f) and (g) of this section, any impounded animal may be redeemed by
the owner upon prior payment of the impound fee, if the animal was not
voluntarily impounded by the owner; boarding fees; veterinary charges, if any;
and such other costs assessed incidental to the impoundment of the animal.
(i)
Fails to pay fees; penalty. 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 section and may be summoned and be subject to both such
fine and imprisonment as provided by section 1-13, upon conviction of violation
of this section.
(j)
Liability. Neither the city, its employees, nor any person
enforcing this section shall be held liable for any accident or subsequent
disease that may occur in connection with the administration of this section.
(k)
Appeal bond. If the owner of an animal that is ordered
surrendered or destroyed pursuant to subsection (f) of this section desires a
stay of execution of the destruction order pending appeal, the owner shall, as a
condition of any such stay of execution, post with the clerk of the court an
amount sufficient to pay the costs, fees and expenses specified in subsections
(k)(1) and (2) of this section. The fees specified in subsection (k)(2) of this
section shall be posted with the clerk of the municipal court 60-days in
advance, and in successive 30-day increments thereafter during the pendency of
the appeal. If any required deposit is not made, the stay of execution shall
expire and the order for surrender or destruction of the animal shall be
executed. If a final order is entered authorizing the surrender or destruction
of the animal, the costs, fees and expenses posted pursuant to subsections
(k)(1) and (2) of this section shall be forfeited and paid to the animal
shelter. If, after final appeal, it is determined that the animal should not be
surrendered or destroyed and that the order for surrender or destruction was
entered in error, the fees posted as a condition of the stay of execution
pursuant to subsection (k)(2) of this section shall be refunded to the appellant
and the animal shall be released to the owner. In such event, the costs and
expenses posted pursuant to subsection (k)(1) of this section shall be ordered
forfeited to the court and paid to the animal shelter. In addition to those
costs, fees and expenses covered by subsections (k)(1) and (2) of this section,
costs and expenses covered by subsection (k)(3) of this section shall be
remitted to the animal shelter within 15 days of the billing thereof. The date
of the bill shall be the day the bill is mailed to the owner's last known
address. In lieu of a cash deposit, the appellant may execute a bond to the city
as provided in this subsection. One or more sureties may be required or the
defendant may furnish cash security or, in the discretion of the court, no
security or surety need be required. Costs and fees shall be designated as
follows:
(1)
Costs and expenses from and including the date of
impoundment through and including the date the stay of execution is obtained.
(2)
Boarding fees from the date the stay of execution is
obtained through and including final resolution.
(3)
Reasonable and necessary costs and other expenses,
undertaken for the welfare of the animal not covered by subsections (k)(1) and
(2) of this section, incurred from and including the date of the stay of
execution through final resolution.
(Code 1979, § 7-9; Ord. No. 97-51, § 2, 10-13-97; Ord.
No. 99-57, § 2, 8-16-99; Ord. No. 2002-70, § 2, 11-18-2002; Ord. No. 2004-52,
§ 2, 8-23-2004; Ord. No. 2005-84, § 2, 10-24-2005)
Sec. 14-5. - Running at large.
(a)
Prohibited. It shall be unlawful for the owner or custodian
of any dog or other animal to fail to keep the dog or other animal from running
at large within the city. For the purposes of this chapter, an animal shall be
deemed running at large when such animal is not physically restrained as
follows:
(1)
When the animal is being restrained by tethering upon the
premises of the owner or custodian, it must have a cord, leash or chain that is
a minimum of six feet in length. It must not be able to enter upon public
property, including sidewalks, or the premises of another. Any animal off the
premises of the owner or custodian shall be restrained by a leash, cord or chain
a maximum of ten feet in length, held by a person who is physically able to
control the animal.
(2)
For the purposes of this chapter, the term "premises
of the owner or custodian" shall be defined as the residence of the owner
or custodian, including the attached property surrounding the residence that is
leased or owned by the owner or custodian, but not including any common area,
park or recreational property jointly owned or leased by the members of a
homeowners' or tenants' association.
(3)
No animal shall be deemed to be running at large when the
animal is upon the premises of the owner or custodian and when the animal is
contained on or restricted to the premises by fencing or other means secured by
an adequate locking device.
(4)
Any animal enclosed within the automobile or other vehicle
of its owner or custodian shall be deemed to be upon the owner's or custodian's
premises.
(5)
No dog shall be deemed to be running at large when the dog
is upon the premises of a city dedicated off-leash dog park.
(b)
Animal killed or injured on highway. Notwithstanding any
provisions herein to the contrary, animals injured or killed on or along public
streets or other rights-of-way shall be presumed to be running at large. The
animal care officer shall remove all such animals and, at his or her discretion,
take those needing medical attention to a veterinarian or to the city animal
shelter. The owner of such animal shall be liable for all expenses of treatment
and of impoundment, as well as any penalties which may be imposed for violation
of this section.
(c)
Unspayed females. Any unspayed female animal in the state
of estrus (heat) shall be deemed to be running at large unless confined during
such period of time within a house, building or other secure enclosure which
shall be so constructed that no other animal of the opposite sex of the same
species may gain access to the confined area unless intentionally admitted to
such area by the confined animal's owner for breeding purposes. The animal care
officer shall have the authority to order the owner to remove any unspayed
female animal in the state of estrus (heat) to the type of confinement described
in this subsection and may furthermore require the animal to be confined to a
boarding kennel or veterinary hospital of the owner's choice or to the animal
shelter for the duration of the estrus cycle. Any animal so confined to the
animal shelter shall not be disposed of as provided in subsection 14-4(b).
However, after notification that the animal is no longer in estrus and the
animal is not redeemed after three days, the owner is deemed to have abandoned
the animal and subsection 14-4(b) shall become applicable. All expenses that
were incurred as a result of confinement shall be paid by the owner. No impound
fee shall be assessed. Failure to comply with the confinement order of the
animal care officer shall constitute a violation of this section and the animal
will then be impounded as set forth in section 14-4 and its owner shall be
subject to the penalty set forth in subsection (d) of this section.
(d)
Penalty. Any person found guilty of violating this section
shall, upon the first conviction, be subject to the payment of a fine of not
less than $25.00 upon the conviction of a second offense involving the same
animal shall be fined a sum not less than $75.00 and shall be required to spay
or neuter and microchip the animal; (unless the owner provides a written
statement from a licensed veterinarian that the spay or neuter procedure would
be harmful or dangerous to the health of the animal), and upon the third and
subsequent offenses shall be fined an amount not less than $150.00 nor more than
$1,000.00. In addition to the fines stated in this subsection, a person
convicted under this section may be subject to not more than one year in jail.
The minimum monetary fines stated in this subsection may not be suspended by the
municipal court. Nothing in this subsection shall be construed as preventing the
animal care officer from instituting a proceeding in the municipal court for
violation of this section where there has been no impoundment.
(Code 1979, § 7-2; Ord. No. 97-51, § 3, 10-13-97; Ord.
No. 2001-55, § 1, 8-20-2001; Ord. No. 2002-70, § 3, 11-18-2002; Ord. No.
2004-52, § 3, 8-23-2004)
Sec. 14-6. - Cruelty; mistreatment.
(a)
Cruelty. It shall be unlawful for any person to commit
cruelty to animals. A person commits cruelty to animals if he or she knowingly
or with criminal negligence overdrives, overworks, tortures, torments, deprives
of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates,
needlessly kills or, having the charge or custody of any animal, fails to
provide it with proper food, drink or protection from the weather or abandons
it.
(b)
Open vehicle. No person who owns or has control of any
animal shall allow such animal to ride in any open motor vehicle or vessel in
such a manner as to permit injury to the animal. For purposes of this
subsection, the operator of a motor vehicle shall be deemed to have control of
any animals riding therein. Factors to be considered by the court shall include,
but are not limited to the following:
(1)
Transporting any animal in an open truck or any motor
vehicle or vessel in such a manner as to permit an animal to jump or be thrown
therefrom by acceleration of, stopping of or accident involving the vehicle.
(2)
Weather conditions and temperature of the vehicle.
(3)
Tethering or securing any animal in such a way that it may
be thrown from the vehicle by acceleration of, stopping of or accident involving
the vehicle.
This subsection shall not apply to the owner or controller
of such animal if such animal is confined to a cage or enclosure of adequate
construction to prevent its escape therefrom and provides proper ventilation.
(c)
Care of confined animal. Except as authorized by law, no
animal shall be confined without an adequate supply of food and water. If any
animal is found to be confined without adequate food or water, it shall be
lawful for any police officer or animal care officer, from time to time as may
be necessary, to enter into and upon any area or building where such animal is
confined and supply it with adequate food and water in accordance with the
procedures found in section 14-2. If such animal is not cared for by a person
other than an animal care officer within 24 hours of the posting of notification
as described in section 14-2, such animal shall be presumed to have been
abandoned under circumstances in which the animal's life or health is
endangered.
(d)
Endangering animal's health or life. No animal shall be
mistreated or neglected to such degree or abandoned in any circumstance so that
the animal's life or health is endangered. The term "mistreatment,"
"neglect" or "abandon" are as defined in section 14-1
(e)
Poisoning. It shall be unlawful for any person to poison
any animal or to distribute poison in any manner whatsoever with the intent to
or for the purpose of poisoning any animal; provided, however, for the purpose
only of this subsection, the term "animal" shall not include bats,
mice, rats, or other rodents approved by state law, but shall include hamsters,
guinea pigs, rabbits and squirrels. The distribution of any poison or poisoned
meat or food, other than those specifically for insect or bat, mouse, rat, or
other rodent poisoning, shall be prima facie evidence of violation of this
subsection.
(f)
Molesting birds. It shall be unlawful for any person within
the city to at any time willfully frighten, shoot at, wound, kill, capture,
ensnare, net, trap or in any other manner molest or injure any bird, fowl or
water fowl or in any manner willfully molest or injure the nest, eggs or young
of any such bird, fowl or water fowl.
(Code 1979, § 7-3; Ord. No. 97-51, § 4, 10-13-97)
Sec. 14-7. - Keeping vicious, aggressive or dangerous
animals.
(a)
Prohibited. It shall be unlawful for any person to keep or
harbor a fierce, vicious, aggressive or dangerous animal. For the purposes of
this chapter, the term "fierce, vicious, aggressive or dangerous
animal" shall mean any dog or other animal that, without intentional
provocation, bites or attacks humans or other animals or in a fierce, vicious,
aggressive, dangerous or in a terrorizing manner approaches any person or other
animal in an apparent attitude of attack, whether or not the attack is
consummated or capable of being consummated. It shall be an affirmative defense
to charges under this section if the actual or intended victim of any attack has
made an unlawful entry into the dwelling of the owner.
(b)
Guard dogs excepted. Dogs maintained as guard dogs, as
defined in section 14-74 and in compliance with such section, shall not be
included under this section.
(c)
Penalty. Any person found guilty of violating this section
shall, upon the first conviction, be subject to the payment of a fine of not
less than $150.00, upon the second conviction shall be fined not less than
$500.00, and upon the third and any subsequent convictions shall be fined not
less than $1,000.00. In addition to the fines stated in this subsection, a
person convicted under this section may be subject to not more than one year in
jail. None of the minimum monetary fines in this subsection shall be suspended
by the municipal court and the penalties in this subsection may be imposed in
addition to the court-ordered destruction provided for in subsection 14-4(f). In
addition to the fines and penalties stated in this subsection, any person
convicted of this section shall be ordered to have the vicious, aggressive or
dangerous animal microchipped and spayed/neutered. Any person convicted of a
subsequent violation of this section shall be ordered to have all dogs within
their ownership microchipped and spayed/neutered. If such violation is a second
violation involving the same animal, the animal shall be ordered destroyed.
(d)
Destruction. Nothing in this chapter shall be construed to
prevent the immediate destruction by the animal care officer or a police officer
of any fierce, vicious, aggressive or dangerous dog or other animal when less
drastic methods, such as tranquilizing, are not available or effective and when
neither the animal care officer, a member of the police department nor the
animal's owner is able to restrain or control the animal so that it might be
impounded in the animal shelter pursuant to section 14-4
(Code 1979, § 7-4; Ord. No. 97-51, § 5, 10-13-97; Ord.
No. 2004-52, § 4, 8-23-2004)
Sec. 14-8. - Keeping wild, exotic or dangerous animals or
livestock.
(a)
Prohibited. It shall be unlawful for any person to own,
possess, harbor, sell or in any other manner traffic in the following species or
hybrid species of animals:
(1)
All poisonous or venomous animals, anacondas, Reticulated
Pythons, Burmese Pythons and Amethystine Pythons.
(2)
All other non-venomous snakes with a length greater than
six feet measured from the tip of the nose to the tip of the tail.
(3)
All other reptiles with a length greater than three feet
measured from the tip of the nose to the tip of the tail.
(4)
Gorillas, chimpanzees, orangutans, baboons and any other
primates.
(5)
Any species of feline not falling within the categories of
ordinary domesticated house cats.
(6)
Bears of any species.
(7)
Marsupials, squirrels, raccoons, porcupines, skunks,
badgers or other like species, except ferrets (mustela furo).
(8)
Foxes, wolves, coyotes or other species of canines other
than dogs.
(9)
Crocodilians and monitor lizards.
(10)
Any animal that is not indigenous to the state and is not
classified as a household pet.
(11)
Livestock as defined in section 14-1 is not permitted
unless allowed by zoning district provisions in chapter 146.
(b)
Alleged domestication of any prohibited animal shall not
affect its status under this section.
(c)
Exceptions. Subsection (a) of this section shall not be
applicable to any bona fide zoological garden or any circus or carnival licensed
by the city or any bona fide research institute using wild, exotic or dangerous
animals for scientific research or any state licensed wildlife rehabilitator,
organization or individual who performs wildlife rescue and rehabilitation and
is permitted with the city animal care division.
(d)
At large. The animal care officer will have the authority
to apprehend any livestock, wild, exotic or dangerous animal that may be at
large within the city. Such livestock, wild, exotic or dangerous animal may be
impounded, released in wild areas outside of the city which are representative
of the animal's natural habitat or released to an appropriate keeper or humanely
destroyed when the animal care officer in his or her discretion shall determine
such, subject to applicable state law. The animal care officer is authorized to
use any tranquilizer gun or other firearm to subdue or destroy any wild, exotic
or dangerous animal that is determined by the animal care officer in his or her
discretion to be of danger to either itself or to the public health and safety.
(Code 1979, § 7-5; Ord. No. 2002-70, § 4, 11-18-2002; Ord.
No. 2005-12, § 29, 4-11-2005; Ord. No. 2006-75, § 1, 1-8-2007; Ord. No.
2011-04, § 1, 2-28-2011)
Sec. 14-9. - Removal of excrement.
It shall be unlawful for the owner of any dog or other
animal not to immediately remove excrement deposited by such animal upon a
common thoroughfare, street, sidewalk, play area, park or upon any other public
property, except unlandscaped city-owned property in its native state, or upon
private property when permission of the owner or tenant of the property has not
been obtained, and such is declared to be a public nuisance and a violation of
this chapter. Animal excrement shall not be placed in storm sewers or street
gutters, but shall be disposed of in a sanitary manner. It shall also be
unlawful under this chapter to permit excessive excrement to accumulate on any
property to the degree that it becomes offensive or injurious to health.
(Code 1979, § 7-6)
Sec. 14-10. - Damage to property.
Any animal owner whose animal, whether or not running at
large, destroys, damages or injures any shrubbery, plants, flowers, grass, lawn,
fence or anything whatsoever upon any public property or upon any private
property, when permission of the owner or tenant of the property has not been
obtained, shall be in violation of this chapter and such is declared to be a
public nuisance.
(Code 1979, § 7-7)
Sec. 14-11. - Rabies control.
(a)
Inoculation. Any animal lawfully kept as a household pet or
working in the city which is capable of transmitting rabies shall be inoculated
against rabies by a licensed veterinarian before attaining the age of four
months unless the owner presents to the animal care division a written statement
from a licensed Colorado veterinarian that vaccination for rabies would be
detrimental to the health of the specific animal. Such vaccination shall be kept
current at all times with booster shots administered by a licensed veterinarian
on or before the appropriate anniversary date of the initial inoculation. The
owner acquiring such animal without current rabies inoculation and tag shall
have such animal inoculated against rabies within 30 days after the acquisition
or when the animal reaches four months of age. The owner or custodian of any
animal required by this section to be inoculated against rabies shall keep a
current rabies tag securely attached to the animal at all times. Such tag shall
contain the year of the vaccination.
(b)
Biting animals; quarantine. The owner of any dog or other
animal required by this section to be inoculated against rabies that has bitten
any person or other animal shall immediately notify an animal care officer or
the animal shelter of such. Any dog or other animal covered by this section that
has bitten any person or any other animal or that has been exposed to another
animal which is believed to have rabies shall be immediately confined and
observed for a period of no fewer than ten days from the date of the bite or
exposure. It shall be unlawful for the owner of any dog or other animal that has
bitten any person or other animal or that has been exposed to an animal that is
believed to have rabies to destroy such animal before it can be properly
confined and observed under the supervision of the animal care officer. Such
confinement may be on the premises of the owner if deemed an appropriate and
sufficient safeguard in the discretion of the animal care officer. If not on the
owner's premises, the confinement shall be at the city animal shelter or any
licensed veterinary hospital of the owner's choice. Such confinement shall be at
the sole expense of the owner.
(c)
Removal from quarantine. It shall be unlawful for any
person to remove from any place of quarantine any animal which has been
quarantined pursuant to this section, without the express consent of the animal
care officer.
(d)
Diagnosis by veterinarian.
(1)
When an animal under quarantine has been diagnosed by a
licensed veterinarian as being rabid, the veterinarian making such diagnosis
shall immediately notify the Colorado Department of Public Health and
Environment and advise it of any reports of human contact with such rabid
animal. The Colorado Department of Public Health and Environment shall then,
pursuant to its rules and procedures, humanely destroy such rabid animal.
(2)
If any animal under quarantine dies while under observation
and before a diagnosis has been made, the animal care officer shall immediately
take action to notify the Colorado Department of Public Health and Environment
which will take action to obtain a pathological and inoculation examination of
the animal.
(3)
If, after the ten-day or longer confinement and observation
period provided for in this section, the dog or other animal has not been
diagnosed by a licensed veterinarian as having rabies, the quarantined animal
shall be released from confinement by the animal care officer upon payment of
all impoundment and other quarantine fees, unless the animal is being held
pursuant to section 14-4
(Code 1979, § 7-8; Ord. No. 99-57, § 1, 8-16-99; Ord. No.
2002-70, § 4, 11-18-2002)
Sec. 14-12. - Public nuisance.
Under this chapter, it shall be unlawful for any person to
cause or constitute a public nuisance or to knowingly permit, encourage or
unreasonably fail to prevent such nuisances. Nuisance, for purposes of this
section, shall be deemed to be but not limited to:
(1)
Any continuous and habitual violation of any section within
this chapter. Factors to be considered may be but are not limited to accumulated
convictions for separate and distinct violations, degree of aggravation or
failure of the owner to take corrective action for any violation or all
violations.
(2)
Any behavior involving animals that endangers the health,
safety or public peace of the community.
(3)
Negligence in allowing the accumulation of waste matter to
the degree of creating a putrid, offensive, unsanitary or unhealthy condition to
the surrounding area.
(Code 1979, § 7-13; Ord. No. 2002-70, § 4, 11-18-2002)
Sec. 14-13. - Humane care.
(a)
Generally. Each animal shall be adequately supervised by
the owner and cared for so as to prevent injury, diseases or neglect. Sick or
injured animals shall be provided with veterinary care and cared for in a manner
that provides for the health and comfort of the animal at all times.
(b)
Standards. Every owner, agent, lessee, tenant or occupant
of any premises where any animal is kept shall ensure all equipment, buildings
and facilities are constructed and maintained to not less than the following
standards:
(1)
Structural strength. Housing facilities or shelters for
animals shall be structurally sound and able to contain the animals and shall be
maintained in good repair to protect the animals from injury, adverse weather,
safety or health hazards.
(2)
Water. Adequate and potable water shall be available to the
animals at all times unless veterinary orders indicate to the contrary. Watering
receptacles shall be kept clean.
(3)
Electric power. Reliable and adequate electric power shall
be provided if required for lighting or heating.
(4)
Storage. Supplies of feed and bedding shall be stored and
protected against infestation or contamination by vermin or decaying organic
matter.
(5)
Cleaning of pet shops, kennels, cages, facilities and
surrounding premises. In pet shops, kennels, cages, facilities and surrounding
premises, waste material shall be removed as often as necessary to prevent
contamination and to reduce disease, hazards and odors.
(6)
Ventilation. Cages, corrals, kennels, stables, stalls,
facilities and shelters shall be ventilated to provide for the health and
comfort of the animals at all times. Animals shall be provided with fresh air,
either by means of windows, doors or vents, which shall be ventilated so as to
minimize draft, odors and moisture condensation.
(7)
Lighting. Where lighting is required, such lighting shall
provide uniformly distributed illumination of sufficient intensity to permit
routine inspection and cleaning during inspections or working periods.
(8)
Heating. The ambient temperature shall be consistent with
the health requirements of the animals.
(9)
Cages, corrals, kennels, stables, stalls or any other
enclosures. Cages or enclosures shall be structurally sound to contain the
animal and shall be maintained in good repair to protect the animal from injury
and any adverse conditions. Enclosures shall provide sufficient space to meet
the conditions and size of the animal and allow the animal to turn about freely
and to easily stand and lie in a comfortable, normal position.
(10)
Housekeeping. All facilities shall be kept clean and in
good repair in order to protect the animals from injury and disease and to
facilitate good animal husbandry, and the owner shall keep surrounding areas
free of accumulations of trash, debris and waste.
(11)
Feeding. Each animal shall be fed food of a sufficient
quantity and of good nutritive quality to meet the normal daily requirements
according to size and needs of the animal. Food receptacles shall be located for
easy accessibility to the animal and to minimize contamination from trash,
debris and waste.
(12)
Fencing. All fencing requirements shall comply with chapter
146 of this Code.
(Code 1979, § 7-14)
Sec. 14-14. - Trapping.
(a)
Illegal traps. It shall be unlawful to use or set, or cause
to be used or set, a leghold, snare, instant kill, body gripping trap or such
other trap which can cause pain, injury or suffering for the purpose of trapping
any feral cat or household pet.
(b)
Trapping permits. Except as provided in subsection (c), it
shall be unlawful for any person to use or set or cause to be used or set any
trap, for the purpose of trapping any feral cat or household pet without first
obtaining a permit. Such permit shall be issued by the animal care division of
the city for a specified address and period of time not to exceed one year and
shall limit and specify the type and number of traps which may be utilized. Such
permit may be denied or revoked if the applicant, or any member of the
applicant's household has been convicted of any violation relating to cruelty or
mistreatment of animals within one year preceding the date of the application
for the permit, or during the term of permit.
(c)
Exceptions. No permit, as described in subsection (b),
shall be required to trap any feral cat or household pet if such trapping is
being done inside the individual's residence or place of business. This
exception shall not apply to any attached or detached garage or storage
structure which is being utilized in connection with a residential use.
(d)
Inspection of traps. It shall be unlawful for any person,
who uses to sets, or causes to be used or set, any trap which is designed to not
harm the animal, to fail, refuse, or neglect to check the trap on a timely basis
to prevent endangering the life or health of any animal which is captured by
such trap.
(Ord. No. 2001-55, § 2, 8-20-2001)
Sec. 14-15. - Beekeeping.
(a)
Definitions. The following words, terms and phrases, when
used in this section, shall have meanings ascribed to them in this section:
(1)
Apiary shall mean a place where bee colonies are kept.
(2)
Bee shall mean any stage of the common domestic honey bee,
Apis Mellifera Species.
(3)
Colony shall mean a hive and its equipment and
appurtenances, including bees, comb, honey, pollen, and brood.
(4)
Hive shall mean a structure intended for the housing of a
bee colony.
(5)
Tract shall mean a contiguous parcel of land under common
ownership.
(b)
Hives. All bee colonies shall be kept in inspectable type
hives with removable combs, which shall be kept in sound and usable condition.
(c)
Setback. All hives shall be located at least five feet from
any adjoining property with the back of the hive facing the nearest adjoining
property.
(d)
Fencing of flyways. In each instance in which any colony is
situated within 25 feet of a developed public or private property line of the
tract upon which the apiary is situated, as measured from the nearest point on
the hive to the property line, the beekeeper shall establish and maintain a
flyway barrier at least six feet in height consisting of a solid wall or fence
parallel to the property line and extending ten feet beyond the colony in each
direction so that all bees are forced to fly at an elevation of at least six
feet above ground level over the property lines in the vicinity of the apiary.
(e)
Water. Each beekeeper shall ensure that a convenient source
of water is available at all times to the bees so that the bees will not
congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other
water sources where they may cause human, bird or domestic pet contact. The
water shall be maintained so as not to become stagnant.
(f)
Maintenance. Each beekeeper shall ensure that no bee comb
or other materials that might encourage robbing are left upon the grounds of the
apiary site. Upon their removal from the hive, all such materials shall promptly
be disposed of in a sealed container or placed within a building or other
bee-proof enclosure.
(g)
Queens. In any instance in which a colony exhibits
unusually aggressive characteristics by stinging or attempting to sting without
due provocation or exhibits an unusual disposition towards swarming, it shall be
the duty of the beekeeper to re-queen the colony. Queens shall be selected from
stock bred for gentleness and nonswarming characteristics.
(h)
Colony densities.
(1)
It shall be unlawful to keep more than the following number
of colonies on any tract within the city, based upon the size or configuration
of the tract on which the apiary is situated:
a. One-quarter acre or less tract size—Two colonies;
b. More than one-quarter acre but less than one-half acre
tract size—Four colonies;
c. One-half acre or more but less than one acre tract
size—Six colonies;
d. One acre or larger tract size—Eight colonies;
e. Regardless of tract size, where all hives are situated
at least 200 feet in any direction from all property lines of the tract on which
the apiary is situated, there shall be no limit to the number of colonies.
(2) For each two colonies authorized under colony
densities, subsection (h)(1) above, there may be maintained upon the same tract
one nucleus colony in a hive structure not exceeding one standard 9⅝ inch
depth ten frame hive body with no supers attached as required from time to time
for management of swarms. Each such nucleus colony shall be disposed of or
combined with an authorized colony within 30 days after the date it is acquired.
(i) Prohibited. The keeping by any person of bee colonies
in the city not in strict compliance with this section is prohibited. Any bee
colony not residing in a hive structure intended for beekeeping, or any swarm of
bees, or any colony residing in a standard or homemade hive which, by virtue of
its condition, has obviously been abandoned by the beekeeper, is unlawful and
may be summarily destroyed or removed from the city by the city manager or
designee.