Fraser board passes updated dog ordinance | SkyHiNews.com

Fraser board passes updated dog ordinance

Autumn Phillips
Sky-Hi Daily News
Fraser, Colorado

Byron Hetzler/Sky-Hi Daily News File Photo

There was one dog in the audience at Wednesday night’s Fraser Board of Trustees meeting, waiting beside its owner to hear the vote on an animal control ordinance.

After months of discussion and a lot of work on the part of Fraser-Winter Park Police Chief Glen Trainor, the board approved an amendment to the existing animal control ordinance. The new ordinance now requires immediate physical or audible control of dogs not on leashes and adds significant fines for dogs that harass working service dogs.

The original ordinance has been on the books since 1985, Trainor said. The changes approved Wednesday night will go into effect in 30 days.

The Town of Fraser will launch an educational campaign to inform dog owners about the new animal control laws. A detailed pamphlet will be printed and distributed at the Fraser Valley Library and through the animal control officer. An article will be written and included in the quarterly newsletter sent out with Fraser water bills.

The amended ordinance also includes a fine schedule for owners who do not pick up dog poop in public places and for owners who let dogs bark late into the night.

For a first offense, owners will be fined $50. Owners will be fined $150 for a second offense and for the third offense, owners will be given a $300 fine, paired with a mandatory court appearance.

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Owners whose dogs cause bodily injury to a person or to an assistance dog could face a $1,000 fine or up to one year in jail, as well as paying restitution to the victim.

The ordinance also addresses dogs in truck beds or in cars with the window down if they are able to reach out and bite someone.

Trustee Scotty Brent said he heard concerns from residents who liked the ordinance changes, but were afraid to report violations for fear of retribution from the dog owner.

He asked if the police could withhold the name of people reporting dogs at large or other violations of the animal control ordinance.

“Anonymity would be great,” Brent said.

“(That request) really gets to one of the big issues we have – it’s a societal issue really,” Trainor said. “If you are unwilling to testify, it is unfair to expect the government to step in and take care of the situation.”

Trainor pointed out that if someone tries to take retribution against someone for reporting a crime to the police – even if that crime is an animal control issue – it is a felony.

“We take that very seriously,” Trainor said. “People need to be secure in their homes and be harassed for filing a police report.”

The amended ordinance applies only to the Town of Fraser, but Trainor said he plans to present it to the Winter Park Town Council in May.

“Ideally, we would all be on the same page,” Trainor said.

– To reach Autumn Phillips call 887-3334 ext. 19600, e-mail aphillips@skyhidailynews.com or comment on her From the Editor blog at http://www.skyhidailynews.com.

TOWN OF FRASER

ORDINANCE NO. 349

Series 2009

AN ORDINANCE AMENDING AND ADOPTING CHAPTER 7 ARTICLE 6 OF THE FRASER TOWN CODE REGARDING ANIMAL CONTROL

WHEREAS, Article 6 of Chapter 7 of the Fraser Town Code was adopted in 1985. and

WHEREAS, many of the sections listed in the current ordinance are ambiguous, open to interpretation, and/or outdated, and

WHEREAS, the Board of Trustees for the Town of Fraser desire to update this Article in its entirety.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT:

Article 6. In General

Section 7-6-10 Title for Citation.

This Article shall be known and may be cited as the Town of Fraser Animal Control Ordinance of 2009

Section 7-6-20 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:

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 Sheriff’s 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.

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Exigent Circumstances 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 shall mean 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.

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 shall mean to detach or destroy an animal’s limb or other essential part or to otherwise cripple or maim an animal.

Owner means 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 “owner” as 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 or more persons or animals by an animal, which injury is not necessary to:

(1)

Protect a person from an unlawful assault.

(2)

Protect the property of a person against theft, criminal mischief or criminal trespass.

(3)

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.

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Sec. 7-6-30. Purpose

The purpose of this chapter 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.

Section 7-6-40 License and 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 15 or more consecutive days unless the dog owner shall have 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 therefore. 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 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 as 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 Section 8, 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,

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destroyed or 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. 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.

(1)

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. The vaccination or inoculation against rabies required in order to obtain a dog license must be performed by a licensed veterinarian.

(1)

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.

(l)

Display of license and tag. 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.

(1)

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.

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.

(a)

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.

(1)

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 ordinance, so as to prevent the animal from exiting the vehicle of its own volition or posing a risk to passersby.

(2)

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 ordinance or is not restrained by a leash, rope, chain or other tethering device sufficient to restrain the animal to the owner’s premises.

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(3)

An animal shall be deemed to be running at large, if on public property, or property generally accessible to the public 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.

(b) The following shall constitute exceptions to running at large.

(1)

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.

(2)

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 ordinance, 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.

(3)

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.

State law references: Authority to regulate and prohibit the running at large of animals, C.R.S. § 31-15-401(1)(m)(1).

Sec. 7-6-60 Animal Defecation on Public or Private Property – Exemptions.

(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 section a, shall be required to immediately remove any feces from such surface and either:

(1)

Carry same away for disposal in a toilet.

(2)

Place same in a non-leaking container for deposit in a trash or litter receptacle.

(c)

The provisions of section (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.

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 handler.

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(b)

No dog owner, or person charged with the custody or control of a dog shall allow their dog, or a dog over which they are to have control, to attack, injure, harass, frighten or other-wise interfere with an assistance dog that is guiding, leading, accompanying or being controlled by a disabled person or an assistance dog training handler.

(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.

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 7-6-40 and 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.

(1)

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.

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 the preceding Subsection (a) cannot be determined or located, the Town shall confine said dog for a period of not less than

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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 days of quarantine is required. Total quarantine, if so inoculated, shall be 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.

State law references: Impoundment authority, C.R.S. § 31-15-401(1)(m).

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.

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.

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.

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)

To, without good cause, mutilate an animal;

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(4)

To, 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)

To 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)

To cause or permit any dogfight, cockfight, bullfight or other combat between animals or between humans and animals;

(7)

To 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 to leave 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)

To crop a dog’s ears or neuter an animal. This provision shall not apply to actions of a licensed veterinarian; and

(9)

To poison any dog or cat or distribute poison in any matter whatsoever with the intent or for the purpose of poisoning any dog or cat.

(10)

Any member of the Police Department or an Animal Control Officer may take necessary and appropriate steps to abate any violation of of this section and, further, may impound the animals affected until a dispositional hearing can be held before the Judge of the Municipal Court 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 dogs, three cats or one Vietnamese potbellied pig or, if dogs, cats and pigs are harbored or allowed, any combination not exceeding four such animals per residential dwelling unit that they occupy. This subsection shall not apply to dogs or cats under three months old from the same litter of a female dog or cat harbored or allowed per residential dwelling unit. This section shall not apply to animals maintained in an Agricultural District.

(d)

Any person who shall violate parts a, f, or h of paragraph (a)(1) or any parts of paragraph (b) of this section shall, upon conviction, in addition to the penalties set forth in Section 7-6″200(c) be subject to enhanced penalties, as follows:

(1)

Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter; and

(2)

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 Grand County Sheriff’s Office.

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(e)

Any person who shall violate any other provision of this section, shall, upon conviction, be punished as provided in Section 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 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 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 had 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.

State law references: Cruelty to animals, C.R.S. § 18-9-201 et seq.; authority of City to prohibit cruelty to animals, C.R.S. § 31-15-401(1)(i).

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 subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00, and imprisoned for not less than five days nor more than one year. The 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 subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00 or imprisoned for not more than one year, or both such fine and imprisonment. The 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 subsection shall, upon conviction, be fined a sum of not less than $500.00 nor more than $1,000.00 or imprisoned for not more than one year, or both such fine and imprisonment. The Court shall also assess against the owner all costs incurred in apprehending, detaining, treating and disposing of the

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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:

(i)

Ordered to pay for all costs associated with the confinement and destruction of the animal; or

(ii)

Ordered to have the animal spayed or neutered by a licensed veterinarian or a licensed shelter; and

(iii)

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.

(iv)

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 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 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 had attacked a person or domestic animal.

Sec. 7-6-150. Disposition Of Animals.

(a)

Following the impoundment of an animal pursuant to this Article 6, an Animal Control Officer, or police officer shall leave a notice with a person over the age of 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 working days of the seizure of the animal, a copy of this notice shall be sent to the owner of the animal by certified or registered 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, 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 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

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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.

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.

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 their respective duties as prescribed in this article, or to violate any of the provisions of this article.

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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 7-6-30 of the Code.

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, 7-6-100, 7-6-110, or 7-6-120 shall , upon conviction, be fined a sum of $50.00. Any person who shall violate any of the provisions of this section shall, upon the second conviction within any 12-month period, be fined a sum of $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 $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 sentencing, the Court shall reduce or suspend the penalty by the amount of the cost of such procedure.

(1)

The procedures set forth for Penalty Assessments in C.R.S. 16-2-201 shall be followed as set forth below.

(i)

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.

(ii)

A violator may within 20 days of receiving the citation, pay the minimum fine and surcharge without appearing in court.

(iii)

After 20 days, the citation becomes a summons requiring the appearance of the defendant in court.

(b)

Any citation issued in for a third or subsequent violation of the above section 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 Article 4 of the Fraser Town Code, except as provided for violations in Section 7-6-140.

PART 1: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.

PART 2: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or

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more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional.

PART 3: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law.

PART 4: PUBLICATION: This Ordinance shall be published by title only.

READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 1st DAY OF APRIL, 2009.

Votes in favor:

Votes opposed: BOARD OF TRUSTEES OF THE

Votes abstained: TOWN OF FRASER, COLORADO

BY: Fran Cook, Mayor

ATTEST:

( S E A L )

Lu Berger, Town Clerk

Published in the Middle Park Times on April 9, 2009.

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