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HomeMy WebLinkAboutbocc.res.032.1972 RESOLUTION 03;7 — / 9 '7 2 THE BOARD OF PITKIN COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO The next matter to come before the Board of County Commi ssioners was the matter of dog control within the County, taking into account the complaints that have been received regarding dogs running at large, particularly in areas where livestock and wild- life feed, and also in areas where the public congregates, i.e. parks and recreational areas in Pitkin County, and have concluded taw that the existing dog control program is inadequate and in need of strengthening modification. Thereupon, on motion duly made and seconded, the following Resolution was adopted: WHEREAS, the Board did by its resolution on January 22 , 1968 adopt certain rules and regulations with respect to dog licen_- ing control in the zoned portion of Pitkin County, Colorado, which resolution was amended in certain respects by subsequent resolutio s of this Board, and WHEREAS, despite such dog control resolutions, increasin: numbers of dogs are creating a nuisance, hazards to health and wildlife, and detriment to public interest and welfare, and WHEREAS, the health, safety, well being and care of dogs would be promoted and improved by an effective dog control measure, and WHEREAS, the Commissioners have found and determined tha the existing Dog Control Resolution, as amended is ineffective and inadequate, and that a new stronger Dog Control Resolution should be adopted and strictly enforced under authority conferred by Article 12, Chapter 36, C.R.S. 1963, as amended. THEREFORE BE IT RESOLVED by the Board of County Commi- ssioners of Pitkin County, Colorado, that the Pitkin County Dog Control Resolution adopted on January 22 , 1968 and amended from time to time thereafter, be and the same is hereby rescinded 1 and the following substituted therefor (to be henceforth known as i the "Pitkin County Dog Control Resolution of 1972") . each dog, a receipt for the payment and a tag for each dog licens- ed. The receipt shall contain the number of the license as shown on the tag. Said receipt shall be retained by the owner for in- spection as may be reasonabily required by the Pitkin County Dog Control Officer or his authorized agents. Every owner shall be required to provide each dog owned by him with a durable collar t. which the license tag must be affixed, and shall see that the collar and tag are constantly worn except when such dog is secure ly confined within any enclosure on the property of the owner, possessor or keeper of such animal. In case a dog licensing tag is lost, destroyed or mutilated, a duplicate will be issued by the Pitkin County Dog Control Officer or his authorized agent, upon the presentation of the receipt showing the payment of the license fee for the current year and upon payment of a fee of fifty cents ($0.50) for each duplicate. Except as permitted by Paragraph 18 of this Resolution, dog tags shall not be transfer- ow able from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner's leav- ing the county before the expiration of the licensing period. 4. DOG RUNNING AT LARGE. (a) It shall be unlawful for any owner, possessor, or an person who keeps any dog to permit that animal to run at large within the unincorporated County of Pitkin State of Colorado unle-s said dog is within or under the positive control of the owner, possessor, or keeper thereof. For the purpose of this paragraph . dog shall be deemed under positive control when said dog is accom.- anied by its owner, possessor, keeper or his agent or servant or a member of his immediate family and within sight and hearing distance of said person. A dog shall be deemed not under positiv: control when said dog inflicts damage, injury (by biting, jumping upon or any other means whatsoever) to the person or property of another, public or private, or by harassing, chasing or attacking livestock or wildlife, except in the defense of the owner, his family or property; or a female in heat which is not securely con fined in an enclosure capable of restricting entry by other dogs; or a dog tethered by a leash, chain or cord which blocks a public thoroughfare. Any not under positive control shall be deemed running at large. (b) In addition to the foregoing, a dog shall be deemed running at large when off or away from the premises of the owner, possessor or keeper thereof, in any zoned portion of Pitkin Count on any public road or right-of-way, and in any place or places in the unzoned portions of Pitkin County where the public gathers or congregates, i.e. , public parks, recreational areas, business establishments, schools and special public events, but not limite. thereto, and not under direct control of the owner, possessor or keeper or his agent or servant or a member of his family either by leash, cord or chain no longer than ten (10) feet in length and of sufficient strength to completely restrain the dog, or within a vehicle or other confinement. 5. ANNUAL VACCINATION. It shall be the duty of every person who owns or harbors any dog or dogs in the County of Pitkin, State of Colorado, to have such dog or dogs annually vaccinated against rabies by a person legally authorized to do so. 6. DUTY OF PERSON VACCINATING. It shall be the duty of each person legally authorized to perform rabies vaccinations on dogs when vaccinating any dog agai st rabies to fill out a triplicate certificate with the information required by law and immediately present the one triplicate copy to the owner or harbor or the dog so vaccinated and to mail one triplicate copy to the office of the Dog Control Officer, or his designated agent, within (5) days from the date of the vaccinatio against rabies. The remaining triplicate copy of the certificate shall be retained by the person performing the vaccination agains rabies. - 3 - 7. RABIES VACCINATION, TAG & COLLAR. --� Tag signifying that a dog has been vaccinated against rabies shall be made of durable material suitable to be attached to the collar or harness of the dog. Such tags shall state the year for which issued and the series number of the certificate of 1 vaccination against rabies. Every harborer or keeper of a dog shall attach the tag to the collar or harness of the registered dog at all times except when the animal is securely confined within an enclosure on the property of the owner or harborer or keeper of such animal. The copy of the certificate issued upon vaccination shall be retained by the owner or harborer for such inspection as may be reasonabily required by the Pitkin County {{� Dog Control Officer or his authorized agents. 8. REGISTRATION AND PERIOD OF VALIDITY OF CERTIFICATION - AND TAG. The Pitkin County Dog Control Officer shall file and register copies of such triplicate certificates received as provided in paragraph 6 hereof and retain and file the same as the official registry of all dogs vaccinated with anti-rabid vaccine for the county. Such vaccination-registration shall be valid for the period of the current calendar year and January and February 28 of each calendar year, the vaccination-registra- tion from the previous year and the current calendar year shall both be valid. 9. UNLAWFUL POSSESSION OF TAGS AND CERTIFICATES. Only those persons who own or harbor a dog duly vaccinated in accordance with the provisions of this division shall be permitted to possess the certificates and tags provided for in this division. No person may affix a tag evidencing vaccination to the collar or harness of any dog except the tag issued for that dog at the time of vaccination. 10. PROCEDURE WHEN DOG IS EXPOSED TO OR CONTRACTS RABIES (a) If any dog within the County of Pitkin is believed to have been exposed to any animal suspected of having rabies, the Pitkin County Dog Control Officer or his authorized agent may order such dog strictly confined and subject to veterinary observation for a period of six (6) months, in accordance within such orders and rules as he shall direct. (b) Every owner, keeper or possessor or other person who has ascertained or suspects that a dog is rabid shall imme- diately notify the Pitkin County Dog Control Officer or a Pitkin County Sheriff's Officer who shall either remove the dog to a place of strict and secure confinement or summarily destroy it. (c) Any dog not currently vaccinated against rabies, that has been exposed to an animal known to have rabies may be summarily destroyed. 11. PROCEDURE WHEN A DOG BITES A PERSON. Nolo If a dog bites a person it shall be strictly confined under the direction of the Pitkin County Dog Control Officer for a period of at least ten (10) days and shall be available for veterinary inspection by a licensed veterinarian and/or the Pitkin County Dog Control Officer or his authorized agent. - 4 - ,II I iy 12. DOG CONTROL OFFICER. The Office of Pitkin County Dog Control Officer created by earlier resolution is hereby continued, and the Dog Control Officer, and his assistants, deputies and authorized employees and agents shall be appointed by the Board of County Commissioners at such compensation as may from time to time be fixed by order of that Board. 13. IMPOUNDMENT - Generally. It shall be the duty of the Pitkin County Dog Control Officer, his assistants, deputies, and authorized employees and agents; and the Pitkin County Sheriff and his deputies to apprehend any dog found running at large contrary to the provision% of paragraph 4 of this Resolution, and to impound such dog in a suitable animal pound or pounds as may be approved by the County, within or without the county limits. The person in charge of r r such dog, shall make a complete registry of such dog upon a book by him kept for such purposes entering the breed, color and sex of such dog, and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the licensing tag. Any dog, over the age of 6 months, that is impounded for which satisfactory evidence of current rabies vaccination is not shown, may be vaccinated against rabies upon the order of the Pitkin County Dog Control Officer or his authorized agent, and costs thereof added to the impoundment charges against such animal and assessed against the owner, harborer or keeper thereof. 14. NOTICE TO OWNER; REDEMPTION. (a) When a dog is impounded, as provided in paragraph 12 • of this Resolution, it shall be the duty of the poundmaster or Pitkin County Dog Control Officer to make reasonable efforts to notify the owner, possessor, or person who harbors or keeps the same, if known, and if not known to post at the Pitkin County Courthouse and at the pound, a notice containing a description of such dog, and when and where caught. A charge of three dollars ($3.00) is hereby made for the impounding of any dog. An addit- ional charge of three dollars ($3.00) per day is hereby made for each day, or part thereof the dog is kept in the pound, including the day of removal, but not including the day of impounding. No dog shall be released from the pound until the owner shall have paid all charges for impounding the dog, the additional charges for maintaining the dog, and until the dog has been licensed and vaccinated against rabies in accordance with this Resolution. (b) In addition to the foregoing, the foregoing, there shall be imposed a handling, administrative and processing fee on dogs (i) , $2.00 on first impoundment of unlicensed, un- vaccinated or dog not under control as required by this Resolution (ii) $7.00 on second impoundment of same dog within ninety days for any of the same reasons (iii) $12.00 on third impoundment of same dog within ninety days of the two preceeding impoundments for the same reason (iv) $17.00 on the fourth impoundment of same dog within ninety days of the three preceeding impoundments for the same reasons (c) All fees assesed pursuant to this paragraph of this 1 Resolution may be collected by the Pitkin County Dog Control Officer or his authorized agents, or the Poundmaster, and shall be remitted to the Pitkin County Treasurer. - 5 - • I I 1 15. DISPOSITION OF UNCLAIMED DOGS. 2 It shall be the duty of the poundmaster to keep all dogs impounded under the provisions of this division for a period of eight (8) days after the owner, if known, has been notified or reasonable efforts of notification have been made as provided in I this division, or for a period of eight (8) days after the date of posting in the event that the owner is unknown. If at the 1 expiration of such time the dog shall not have been redeemed, it imay be destroyed or otherwise disposed of, at the discretion of the poundmaster. However, such poundmaster shall not release 1 the dog so impounded except on payment of the fees and charges as provided for in this paragraph, as well as the regular licens- ing fee and fee for vaccination against rabies, if any required. 16. CONFINEMENT of certain dogs. i Aft I The poundmaster shall not release any fierce, dangerous 1 or vicious dog unless suitable provisions are made for him by 1 his owner to protect the public against these propensities, and �I no female dog in heat shall be released unless the owner has ...: I! facilities for caring for and confining such dog. In the event Ill that any dog with fierce, dangerous or vicious propensities is found to be running at large and cannot be safely taken up and impounded, such dog may be slaine by the Pitkin County Dog Control Officer or any person duly authorized to apprehend dogs under this paragraph. 17. RELEASE UPON COMPLIANCE WITH PROVISIONS OF ARTICLE. It is the duty of Pitkin County to release any dog from the animal pound of the county upon receipt of satisfactory proof of ownership thereof, upon payment of any fee due the county, and upon presentation of proof of vaccination for rabies and proper registration of such dog in accordance with the provisions of this article. 18. KENNEL LICENSE. • Any person who shall keep or operate a kennel, may, in Lieu of the individual license required under this article, make application to the director of finance for a kennel license 1 entitling the applicant to keep or operate a kennel. Such kennel license shall be issued by the director of finance upon a proper for m and shall entitle the licensee to keep any number of dogs. The fee to be paid for each kennel license shall be Twenty-five dollars ($25.00) . With such kennel license there shall be issued ten (10) metal plates or tags, such tags to be the same as those provided in paragraph 3 of this Resolution. The provisions of this section shall not prohibit the taking of dogs having a kennel license outside the limits of the kennel temporarily and on lease nor shall they prohibit the transporting and conveyances of dogs temporarily for the purpose of breeding, trial or show. Additions tags shall be issued to a kennel licensee upon payment of a fee of fifty cents ($0.50) for each additional tag. gm 19. VIOLATIONS. Any person convicted or violating any provision of this NNW Resolution, shall be guilty of a misdemeanor, pursuant to 36-12-5-S. C.R.S. 1963, and shall be fined not more than $100.00 or imprisioned in the Pitkin County Jail not more than thirty (30) • days for each offense. - 6 -