HomeMy Public PortalAbout5d Town Code Animal Control31 i"17
ARTICLE 6 - Animal Control
Sec. 7-6-10. Title for citation.
Fraser, CO Municipal Code
This Article shall be known and may be cited as the Town of Fraser Animal Control Ordinance of 2009,
(Ord. 349, 2009)
Sec. 7-6-20. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to
them in this Section, except where the context clearly indicates a different meaning:
Animal means any living creature, domestic or wild.
Animal Control Officer means any person designated by the Police Department or the Town
Manager as an Animal Control Officer, Code Enforcement Officer, Police Officer, Grand County Animal
Control Officer or Grand County Sheriffs Deputy, with the duties of investigation, control and
enforcement of this Code and state laws pertaining to animals.
Assistance dog means a dog that has been specially trained, or is being specially trained, to guide
and/or assist a blind, visually impaired, deaf, hearing impaired or physically or mentally disabled or
impaired person.
Bodily injury means physical pain, illness or any impairment of physical or mental condition.
Effective and immediate control means such direct, physical or verbal restraint sufficient to prevent
attack or uninvited contact by the animal upon a person other than the owner or another animal, to
prevent entry upon public property if the animal is not on a leash controlled by a human or to prevent
entry upon private property of another without the consent of the person in possession of such private
property.
Exigent circumstances means events that justify a departure from usual legal procedures, such as
the obtaining of a warrant, typically in order to save a life, preserve evidence or prevent a suspect from
fleeing.
Good cause means to act out of necessity or take action against an animal to defend a person or
property from imminent harm or damage.
Harbor means the act of keeping and caring for an animal or of providing premises to which the
animal returns for food, shelter or care.
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Kennel means any person engaged in the business of breeding, buying, selling or boarding dogs
and/or cats or engaged in the training of dogs for guard or sentry purposes.
Mutilate means to detach or destroy an animal's limb or other essential part or to otherwise cripple
or maim an animal.
Ownermeans any person owning, possessing, keeping, leasing or harboring any animal within the
Town.
Person means any individual, firm, company, partnership, corporation, limited liability company,
organization or other entity, and includes the term owneras defined in this Section.
Pet shop means any person engaged in the business of breeding, buying, selling or boarding
animals of any species.
Premises means real property, buildings and other improvements.
Running at large means an animal that is not restricted to its owner's premises or not under the
effective and immediate control of a person or such animal's owner.
Severe bodily injury means bodily injury which involves a substantial risk of death, a substantial risk
of serious permanent disfigurement or a substantial risk of protracted loss or impairment of the
function of any part or organ of the body.
To own means to own, possess, keep, harbor or lease.
Unprovoked attack means the infliction of bodily injury on one (1) or more persons or animals by
an animal, which injury is not necessary to:
a. Protect a person from an unlawful assault.
b. Protect the property of a person against theft, criminal mischief or criminal trespass.
Protect the animal from an unjustified and unprovoked attack which could cause serious bodily
injury to it.
Veterinary hospital means any establishment maintained and operated by a licensed veterinarian
for the boarding of animals or for the diagnosis and treatment of diseases and injuries of animals.
(Ord. 349, 2009)
Sec. 7-6-30. - Purpose.
The purpose of this Article is to establish the regulations and expectations of both owners and domestic
pets in order to maintain the health and well-being of animals, prevent damage to people or property and
protect the public health, safety and welfare.
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(Ord. 349, 2009)
Sec. 7-6-40. - Licensing; vaccination of dogs.
(a) License required and rabies inoculation. No dog over the age of six (6) months shall be kept,
maintained or harbored within the Town for fifteen (15) or more consecutive days unless the dog
owner has had the dog vaccinated against rabies and obtained a county dog license and tag.
(b) Application for license and tag; fees. Applications for dog licenses and tags shall be made to the Grand
County Animal Control Division or the Town Clerk on forms provided therefor. A nonrefundable fee as
established by the Grand County Commissioners shall be paid for each license issued.
(c) Duration of license. A dog license shall expire at the end of the calendar year in which it was issued.
(d) Information on license. A dog license shall state the following information;
(1) Name and address of the pet owner;
(2) Breed, sex, age and description of the dog,
(3) Whether the dog is neutered or spayed;
(4) Amount of license fee paid;
(5) Date of issuance of license; and
(6) Number of the license.
(e) Issuance procedure for tag. A dog tag shall be issued with the dog license to the dog owner and shall
be regarded as a part of the license. The tag will be made of a durable material, shall be suitable to be
attached to a dog collar or harness and will state the year of issuance and the number of the dog
license.
(f) Tag not transferable. Dog tags shall not be transferable from one (1) dog to another, and no refunds
shall be made for any dog license fee because of the death of the dog or due to the licensed dog's
permanent removal from the County prior to the expiration of the license year.
(g) License and tag; use restricted. It shall be unlawful to knowingly possess and/or fix a license and
respective tag to or for any dog other than that specific animal for which the respective license and tag
have been issued.
(h) Fees for license and tag. Licenses and other fees are required to be paid under this Article, as
established by the Grand County Commissioners, except that no license fees or charges shall be
charged for the licensing of an assistance dog.
(i) Receipt for license and tag; duplicate tag. Upon payment of the license fee as provided in Subsection (h)
above, the official receiving said license fee shall issue to the applicant a receipt for the payment
received for each dog licensed. The receipt shall contain the number of the license as shown on the tag.
Said receipt shall be retained by the respective owner for inspection as may be reasonably required by
the authorized enforcement authorities of the Town. In the event a dog tag is lost, destroyed or
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mutilated, a duplicate tag may be issued by the appropriate official, upon presentation of the receipt
showing the payment of the license fee for the current year and upon the additional payment of a fee
as established by the Grand County Commissioners for such duplicate tag.
(j) Registration required.
(1) Dogs over the age of six (6) months shall be licensed by January 1 of each year or within thirty (30)
days after having attained the age of six (6) months.
(2) With respect to a dog brought into the Town subsequent to January 1 of each year, within thirty
(30) days after the entry of such dog, the dog owner shall obtain a license for the dog, and the
regular fee shall apply to the registration.
(k) Vaccination, inoculation by veterinarian.
(1) The vaccination or inoculation against rabies required in order to obtain a dog license must be
performed by a licensed veterinarian.
(2) The dog owner shall obtain from the veterinarian a vaccination certificate which states the type of
vaccination with which the dog was inoculated, date of the inoculation and recommended year of
renewal of inoculation.
(1) Display of license and tag.
(1) A dog owner who obtains a dog license shall retain it during the license year and is required to
present it for inspection by the authorized enforcement authorities of the Town in connection with
the enforcement of this Article.
(2) A dog owner who obtains a dog tag in conjunction with the dog license shall attach the tag to the
collar or harness of the licensed dog, and said collar or harness must be worn by said dog at all
times.
(m) Kennel exemption. Dogs kept or maintained by a licensed kennel need not be licensed pursuant to the
provisions of this Article while they are within the confines of the kennel premises.
(Ord. 349, 2009)
Sec. 7-6-50. - Dogs running at large; unlawful acts.
It shall be unlawful for any owner of a dog to fail to prevent such dog from running at large within the
Town.
(1) An animal shall be deemed to be running at large under circumstances where the animal is not
either restrained by means of a leash, rope, chain or other physical restraint of sufficient strength
to control the animal or is not under the effective and immediate control of the owner or other
responsible person present with the animal and immediately obedient to that person's commands.
a. An animal shall be deemed to be running at large if the animal is left unattended in a motor
vehicle or the bed of a pickup truck and is not tethered or confined in compliance with the
provisions of this Article, so as to prevent the animal from exiting the vehicle of its own volition
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or posing a risk to passersby.
b. An animal shall be deemed to be running at large on its owner's premises under circumstances
where the animal is unattended and is not confined within a secure enclosure as defined in this
Article or is not restrained by a leash, rope, chain or other tethering device sufficient to restrain
the animal to the owner's premises.
c. An animal shall be deemed to be running at large if, on public property or property generally
accessible to the public, said animal is tethered or chained in such a manner that it poses a risk
of an unprovoked attack to passersby by lunging at or attacking other persons or animals.
(2) The following shall constitute exceptions to running at large.
a. An animal is not considered to be running at large, either on or off the premises of its owner, if
the animal is being physically held by the owner or other responsible person or is in the
immediate presence of the owner or other responsible person and is immediately obedient to
that person's command.
b. An animal is not considered to be running at large if it is confined within a motor vehicle or
secured within the confines of the bed of a pickup truck, in compliance with the provisions of
this Article, in such manner that it cannot exit the vehicle or pose a risk to any person outside
the confines of the vehicle by its own volition.
The provisions of this Section shall not apply to dogs while actually working livestock, locating
or retrieving wild game in season for a licensed hunter, assisting law enforcement officers or
actually being trained for any of these pursuits.
(3) Any person who shall violate parts of this Section shall, upon conviction, in addition to the
penalties set forth in Subsection 7-6-190(c), be subject to enhanced penalties, as follows:
a. Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter,
and
b. Ordered to have the animal permanently identified through the implantation of a microchip
containing owner identification information by a licensed veterinarian or a licensed shelter. The
microchip information shall be registered with the appropriate company responsible for
maintaining such information for the microchip, and a copy of the initial registration and a
receipt acknowledging completion of registration from the company shall be provided to the
Animal Control Division of the Grand County Sheriffs Office.
(Ord. 349, 2009)
State Law reference— Authority to regulate and prohibit the running at Targe of animals, Section 31-15-
401(1)(m)(1), C.R.S.
Sec. 7-6-60. - Animal defecation on public or private property, exemptions.
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(a) No person, having possession, custody or control of any animal, shall knowingly or negligently permit
any dog or other animal to commit any nuisance, i.e., defecation upon the grounds of any public area
or upon any private property other than the property of the owner of such animal.
(b) Any person having possession, custody or control of any dog or other animal which commits a
nuisance, i.e., defecation in any area other than the private property of the owner of such dog or other
animal, as prohibited in Subsection (a) above, shall be required to immediately remove any feces from
such surface and either:
(1) Carry the same away for disposal in a toilet; or
(2) Place the same in a nonleaking container for deposit in a trash or litter receptacle.
(c) The provisions of Subsections (a) and (b) above shall not apply to any assistance dog that is
accompanying, guiding, leading or physically in the control of a disabled person.
(Ord. 349, 2009)
Sec. 7-6-70. - Harassment of assistance dogs prohibited.
(a) No person shall distract, harass, strike, injure, seize, entice, intimidate, frighten or otherwise interfere
with any assistance dog that is accompanying, guiding, leading or physically in the control of a disabled
person or that is engaged in training with a handier.
(b) No dog owner or person charged with the custody or control of a dog shall allow his or her dog, or a
dog over which he or she is to have control, to attack, injure, harass, frighten or otherwise interfere
with an assistance dog that is guiding, leading, accompanying or being controlled by a disabled person
or an assistance dog -training handier.
(c) For purposes of this Section, disabled person shall mean a blind, visually impaired, deaf, hearing
impaired or physically or mentally handicapped or impaired person.
(Ord. 349, 2009)
Sec. 7-6-80. Impounding.
(a) it shall be the duty of the Chief of Police or other person authorized by the Board of Trustees to
apprehend any stray dog or any dog found running at large contrary to the provisions of Section 7-6-
50. to impound such dog in the County animal shelter or other suitable place until it can be released to
the owner after assessment of any applicable fines and penalties and, upon receiving any dog, to make
a complete registry entering the breed, sex and color of such dog and whether licensed and, if licensed,
to enter the name and address of the owner and the date and number of the dog tag.
(b) It shall be lawful for any Animal Control Officer to go upon any property, excluding a dwelling, using
such force as may be reasonably necessary, for the purpose of pursuing and catching any animal to be
impounded.
(c)
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Absent good cause and exigent circumstances, an Animal Control Officer shall not go within the interior
of a dwelling to remove an animal without a court order or the consent of an occupant of the dwelling
who is of sufficient age to understand the benefits and/or consequences of granting such consent.
(Ord. 349, 2009)
Sec. 7-6-90. - Quarantine of animals.
(a) A dog which is known to have bitten or injured any person so as to cause an abrasion of the skin or a
dog which, in the opinion of the Animal Control Officer or a licensed veterinarian, appears to be
afflicted with rabies shall be closely confined by the dog owner in accordance with the directions of the
Chief of Police for a period of not less than ten (10) days. If said dog dies while confined or impounded
as provided in this Section, proper medical tests shall be conducted at the expense of the dog owner
upon said dog to determine whether the animal was suffering from rabies at the date of death.
(b) The owner of any animal that has been reported to have bitten any person shall, on demand of any
member of the Police Department or an Animal Control Officer, produce the animal for examination
and quarantine. if the owner of any such animal refuses to produce the animal, the owner shall be
subject to immediate arrest if there shall be probable cause to believe that the animal has bitten any
person and that the owner is keeping or harboring the animal upon such a demand, and the owner
may be charged with a violation of this Section by failing to produce such an animal. If the owner of any
such animal shall willfully or knowingly secrete or refuse to produce such animal, such act shall
constitute a separate and individual violation of this Section.
(c) If the owner of a dog referred to in Subsection (a) above cannot be determined or located, the Town
shall confine said dog for a period of not less than five (5) days. If the owner of said dog is not
determined or located or the dog claimed from confinement within said five (5) days, the Chief of Police
or Grand County Sheriff may order such dog destroyed. If said dog is determined by a veterinarian to
be suffering from rabies, it shall be destroyed immediately.
(d) It is unlawful for a dog owner, knowing or reasonably suspecting that a dog has rabies, to allow such
dog to be taken off his or her property or premises or beyond the limits of the Town without the
written permission of the Chief of Police. Every dog owner or other person, upon ascertaining that a
dog is rabid, shall immediately notify the Chief of Police who shall either remove the dog to an animal
shelter or other suitable place or, if necessary for the protection of the public, immediately destroy the
dog.
(e) If the animal is inoculated for rabies during the ten-day quarantine, an additional ten (10) days of
quarantine is required. Total quarantine, if so inoculated, shall be twenty (20) days.
(f) Proof of ownership. A valid rabies tag worn by any animal shall be presumptive evidence that the owner
of the animal is the person registered as obtaining the rabies vaccination for such animal. The
registered owner of an animal may be charged with any violation the animal committed.
(Ord -349,2009)
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State Law reference— Impoundment authority, Section 31-15-401(1)(m), C.R.S.
Sec. 7-6-100. - Possession of wild or vicious animals.
No person shall keep or permit to be kept on such person's premises any wild or vicious animal for
display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed so
as to apply to a zoological garden, theatrical exhibit or circus, except that no theatrical exhibit or act shall be
held in which animals are encouraged to perform through the use of chemical, electrical or mechanical
devices.
(Ord. 349, 2009)
Sec. 7-6-110. - Misuse of animals.
No person shall give away any live vertebrate animal as a prize for, or as an inducement to enter, any
contest, game or other competition or as an inducement to enter a place of amusement, or no person shall
offer such vertebrate as an incentive to enter into any business agreement whereby the vertebrate is for the
purpose of attracting trade.
(Ord. 349, 2009)
Sec. 7-6-120. - Animals in heat.
The owner of every female dog or cat in heat shall keep the dog or cat confined in a building or secure
enclosure in such manner that such female dog or cat cannot come into contact with another animal,
except for planned breeding, and such that the animal does not create a nuisance by attracting other dogs
or cats.
(Ord. 349, 2009)
Sec. 7-6-130. - Care and control.
(a) It shall be unlawful for a person to knowingly or recklessly engage in any of the following acts or any
combination thereof:
(1) Fail to provide an animal with sufficient food and water, proper shelter and protection from the
weather to avoid harm to an animal;
(2) Fail to provide veterinary care when needed to prevent suffering and injury to an animal;
(3) Without good cause, mutilate an animal;
(4) Without good cause, beat repeatedly or kill or attempt to kill an animal; except for the licensed
harvest of wild game animals during any legal hunting season;
(5)
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Cruelly treat, torment, overload, overwork or otherwise abuse any animal to the extent that the
animal is in imminent danger of injury, sickness or death;
(6) Cause or permit any dogfight, cockfight, bullfight or other combat between animals or between
humans and animals;
(7) Abandon such animal or neglect such animal to the extent that the animal is in imminent danger of
injury, sickness or death. The term neglect shall include leaving an animal unattended in a vehicle
without adequate ventilation or leaving an animal unattended in any manner that subjects the
animal to extreme temperatures or conditions and thereby creates a risk of imminent injury,
sickness or death to the animal;
(8) Crop a dog's ears or neuter an animal (this provision shall not apply to actions of a licensed
veterinarian); and
(9) Poison any dog or cat or distribute poison in any manner whatsoever with the intent or for the
purpose of poisoning any dog or cat.
Any member of the Police Department or an Animal Control Officer may take necessary and appropriate
steps to abate any violation of this Section and, further, may impound the animals affected until a
dispositional hearing can be held before the Municipal Judge in the manner and form provided in this
Article.
(b) No owner shall fail to maintain areas where animals are kept in a clean and sanitary fashion. it shall be
the duty of every owner to dispose of, in a reasonable manner, any accumulation of animal excretion
on premises where animals are kept, in order to prevent the attraction of flies, insects or other pests
and in order to prevent the propagation of obnoxious odors.
(c) No person shall harbor or allow there to be more than a total of three (3) dogs, three (3) cats or one (1)
Vietnamese potbellied pig or, if dogs, cats and pigs are harbored or allowed, any combination
exceeding four (4) such animals per residential dwelling unit that they occupy. This Subsection shall not
apply to dogs or cats under three (3) months old from the same litter of a female dog or tat harbored
or allowed per residential dwelling unit. This Subsection shall not apply to animals maintained in an
Agricultural District.
(d) Any person who shall violate any other provision of this Section shall, upon conviction, be punished as
provided in Subsection -7-6-190(c). In addition to any penalty provided above, the Court shall have the
authority to include any of the following requirements:
(1) The owner of the animal provides a separate enclosure in the rear yard of the owner's property
that securely limits the animal's access to the public as determined by an Animal Control Officer,
unless the animal is under the physical control of a responsible person and restrained by a lead not
to exceed four (4) feet in length.
(2) The owner and the animal shall complete a socialization or behavior program approved by Animal
Control.
(3)
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The owner of the animal shall notify the Police Department in person or by telephone as soon as
practicable but no later than one (1) hour after the owner's knowledge of the occurrence of either
of the following events: the animal has escaped or has otherwise ceased to be in the custody of the
owner or the animal has attacked a person or domestic animal.
(4) The owner shall post a conspicuous warning sign on the building or front portion of the property
notifying others that a dangerous dog is housed in the building or on the property.
(Ord. 349, 2009)
State Law reference— Cruelty to animals, Section 18-9-201, et seq., C.R.S.; Authority of City to prohibit
cruelty to animals, Section 31-15-401(1)(i), C.R.S.
Sec. 7-6-140. -Animal attacks.
(a) It shall be unlawful to own an animal that:
(1) Causes severe bodily injury to a person in an unprovoked attack, whether on or off the premises of
its owner. The owner of an animal that causes severe bodily injury to a person in an unprovoked
attack, whether on or off the premises of its owner, shall be responsible for all the medical
expenses incurred by such person. Any owner who shall violate the provisions of this Paragraph
shall, upon conviction, be fined a sum of not less than five hundred dollars ($500.00) nor more than
two thousand six hundred fifty dollars ($2,650.00) and imprisoned for not less than five (5) days nor
more than one (1) year. The Municipal Court shall also assess against the owner of the animal all
costs incurred in apprehending, detaining, treating and disposing of the animal.
(2) Causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its
owner. The owner of an animal that causes bodily injury to a person in an unprovoked attack,
whether on or off the premises of its owner, shall be responsible for all the medical expenses
incurred by such person. Any owner who shall violate the provisions of this Paragraph shall, upon
conviction, be fined a sum of not less than five hundred dollars ($500.00) nor more than two
thousand six hundred fifty dollars ($2,650.00) or imprisoned for not more than one (1) year, or both
such fine and imprisonment. The Municipal Court shall also assess against the owner all costs
incurred in apprehending, detaining, treating and disposing of the animal.
(3) Causes bodily injury to another animal in an unprovoked attack while on or off the premises of its
owner. Any owner who shall violate the provisions of this Paragraph shall, upon conviction, be
fined a sum of not less than five hundred dollars ($500.00) nor more than two thousand six
hundred fifty dollars ($2,650.00) or imprisoned for not more than one (1) year, or both such fine
and imprisonment. The Municipal Court shall also assess against the owner all costs incurred in
apprehending, detaining, treating and disposing of the animal that caused the attack, as well as any
costs incurred by the owner of the attacked animal in treating it or disposing of its body if it was
killed.
(4) Any person who shall violate any provision of this Section shall, upon conviction, be:
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a. Ordered to pay for all costs associated with the confinement and destruction of the animal; or
b. Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter;
and
c. Ordered to have the animal be permanently identified through the implantation of a microchip
containing owner identification information by a licensed veterinarian or a licensed shelter. The
microchip information shall be registered with the appropriate company responsible for
maintaining such information for the microchip, and a copy of the initial registration and a
receipt acknowledging completion of registration from the company shall be provided to the
Animal Control Division of the Police Department.
d. The owner shall post a conspicuous warning sign on the building or front portion of the
property located within the City notifying others that a dangerous dog is housed in the building
or on the property.
(b) In addition to any penalty provided above, the Court shall have the authority to include any of the
following requirements:
(1) The owner of the animal provides a separate enclosure in the rear yard of the owner's property
that securely limits the animal's access to the public as determined by an Animal Control Officer,
unless the animal is under the physical control of a responsible person and restrained by a lead not
to exceed four (4) feet in length.
(2) The owner and the animal shall complete a socialization or behavior program approved by Animal
Control.
(3) The owner of the animal shall notify the Police Department in person or by telephone as soon as
practicable but no later than one (1) hour after the owner's knowledge of the occurrence of either
of the following events: the animal has escaped or has otherwise ceased to be in the custody of the
owner or the animal has attacked a person or domestic animal.
(Ord. 349, 2009; Ord. 412, Part 1.5, 2013)
Sec. 7-6-150. - Disposition of animals.
(a) Following the impoundment of an animal pursuant to this Article, an Animal Control Officer or police
officer shall leave a notice with a person over the age of eighteen (18) years at the residence of the
owner of the seized animal. The notice shall indicate the date and time on which the animal was seized,
the location where the animal is impounded and the date, time and location of the hearing concerning
the seizure of the animal. Within two (2) working days of the seizure of the animal, a copy of this notice
shall be sent to the owner of the animal by certified mail.
(b) Any animal that causes bodily injury to a person or serious bodily injury to an animal in an unprovoked
attack may be impounded by Animal Control Officers or the Police Department without prior notice to
the animal's owner. A police officer or Animal Control Officer may remove the animal from the premises
of the owner without civil or criminal liability if the animal is not located within the residence of its
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owner. In the event that an animal is located within the residence of its owner, the Police Department
or Animal Control Unit may obtain a court order from the Municipal or County Court authorizing the
seizure of the animal prior to removing it from its owner's residence or may remove the animal from its
owner's residence upon receiving the owner's consent.
(c) The owner of an animal seized pursuant to this Article shall be entitled to a hearing before the
Municipal Court at the next regularly scheduled Municipal Court date. At the hearing, the Court shall
determine whether the animal caused bodily injury to a person or severe bodily injury to a person or to
a domesticated animal and whether the attack was unprovoked. If the Court determines, based upon a
preponderance of the evidence, that the animal, in an unprovoked attack, caused severe bodily injury to
a person, the Court shall order the animal destroyed and all the costs associated with the seizure,
confinement and destruction of the animal assessed against its owner. If the Court determines, based
upon a preponderance of the evidence, that the animal caused bodily injury to a person in an
unprovoked attack or caused severe bodily injury to a domesticated animal in an unprovoked attack,
the Court may order the destruction of the animal in order to protect the public health, safety and
welfare. Upon a second or subsequent unprovoked attack on a person or domesticated animal, the
Court shall order the destruction of the attacking animal and shall assess all costs associated with the
seizure, confinement and destruction of the animal to its owner.
(Ord. 349, 2009)
Sec. 7-6-160. - Noise.
(a) It shall be unlawful for any person to harbor any dog or other animal which, by barking, howling,
baying, yelping, crying, whining or other utterance, disturbs the peace and quiet of the neighborhood.
(b) Any noise emitted by a dog or other animal which is audible from the boundary of the animal
harborer's property shall be presumed to disturb the peace and quiet of the neighborhood, if any
peace officer or Animal Control Officer for the Town investigates the report thereof and determines that
such noise is occurring as defined herein, taking into consideration the proximity of the complainant's
residence or place of business with respect to the point of origin of the noise, and determining that
such noise would disturb the senses of the average citizen or resident of the neighborhood under the
circumstances complained of. Such presumption shall be rebuttable by the defendant.
(c) Prior to issuance of a citation for violation of this Section, the Animal Control Officer or peace officer
shall issue a written warning to the harborer of the dog causing the noise and request that the dog be
silenced. If the same dog is a repeat offender of the offense defined in this Section and such repeat
offense occurs within sixty (60) days of the issuance of the warning, a citation shall be issued to the
harborer of the offending dog.
(d) It is an affirmative defense to a charge under this Section that the dog was barking due to provocation.
(Ord. 349, 2009)
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Sec. 7-6-170. Interference prohibited.
It shall be unlawful for any person to interfere with, molest, hinder or prevent the members of the
Police Department, an Animal Control Officer or any licensed veterinarian of the State in the discharge of his
or her respective duties as prescribed in this Article or to violate any of the provisions of this Article.
(Ord. 349, 2009)
Sec. 7-6-180. - Police Service Dog Unit.
The Police Service Dog Unit of the Fraser/ Winter Park Police Department will be using trained police
dogs. The actions of trained police dogs, when operating in connection with and under the control of the
Police Service Dog Unit and while such actions are within the scope and in furtherance of the duties
associated with the Police Service Dog Unit, shall be exempt from all provisions of this Article. This provision
shall not exempt the canines from the requirements to have all the canines used in connection with the
Police Service Dog Unit to be vaccinated as with any other canine located within the Town, pursuant to
Section 7-6-40 of this Article.
(Ord. 349, 2009)
Sec. 7-6-185. - Keeping of fowl.
Property owners may keep fowl within Town limits provided the following conditions are met:
(1) Roosters and male turkeys are prohibited.
(2) No more than twelve (12) fowl maybe kept on any property at anytime.
(3) Fowl must be kept on the property and fencing must be provided to prevent fowl from leaving the
property.
(4) The property must be maintained in a sanitary condition and all waste disposed of properly.
( Ord. 431. § 1, 3-16-2016)
Sec. 7-6-190. - Violations and penalties.
(a) Any person who shall violate any of the provisions of Sections 7-6-40.7-6-50.7-6-60.7-6-70. 7-6-90. 7-6-
10M 7-6-110 or 7-6-120 of this Article shall, upon conviction, be fined a sum of fifty dollars ($50.00). Any
person who shall violate any of the provisions of this Section shall, upon the second conviction within
any twelve-month period, be fined a sum of one hundred fifty dollars ($150.00). Any person who shall
violate any of the provisions of this Section shall, upon a third or subsequent conviction, be fined a sum
of three hundred dollars ($300.00). Minimum fines in this Subsection shall not be suspended by order
of the Court, except that, if proof of neutering or spaying is provided to the Court at the time of
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sentencing, the Court shall reduce or suspend the penalty by the amount of the cost of such procedure.
The procedures set forth for Penalty Assessments in Section 16-2-201, C.R.S., shall be followed as set
forth below:
(1) First and second violations of the above sections shall be issued in the form of a penalty
assessment citation, showing the offense, minimum fine and applicable surcharges.
(2) A violator may, within twenty (20) days of receiving the citation, pay the minimum fine and
surcharge without appearing in court.
(3) After twenty (20) days, the citation becomes a summons requiring the appearance of the
defendant in court.
(b) Any citation issued for a third or subsequent violation of the above Subsection shall be in the form of a
summons requiring the violator to appear in the Municipal Court.
(c) Any person who shall violate any of the other provisions of this Article shall be punished in accordance
with Chapter 1 Article 4 of this Code, except as provided for violations in Paragraph 7-6-50(3),
Subsection -7-6-130(d) and Section 7-6-140 of this Article.
(Ord. 349, 2009)
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