HomeMy WebLinkAbout1076 Vicious Animal Amend 05-20-2026ORDINANCE NO. 1076
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, REPEALING AND RE-ENACTING IN ITS ENTIRETY
CHAPTER 6.06 OF THE FIRESTONE MUNICIPAL CODE; AMENDING SECTIONS
6.01.010, 6.08.010, AND 6.08.040 OF THE FIRESTONE MUNICIPAL CODE; AND
AMENDING CHAPTER 3 OF TITLE 16 (FIRESTONE DEVELOPMENT CODE) OF THE
FIRESTONE MUNICIPAL CODE, PERTAINING TO DANGEROUS ANIMALS AND
LIMITS ON HOUSEHOLD PETS
WHEREAS, the Town of Firestone (“Town”) Staff has determined that the Town’s current
regulations regarding dangerous animals set forth in Chapter 6.06 of the Firestone Municipal Code
(“Code”) are not aligned with best practices or the Town’s current administrative procedures, and
has identified the need for changes to Chapter 6.06 of the Code to better define dangerous animals
and to improve enforcement; and
WHEREAS, Town Staff has also identified the need to refine the existing regulations
regarding animal limits per household to better align with current societal values and to effectively
enforce limits on household pets; and
WHEREAS, the control of animals for the protection of the public's health, safety and
welfare is a matter of local concern and therefore subject to the valid exercise of the Town's police
powers; and
WHEREAS, the Town Board of Trustees desires to amend certain provisions of Chapters
6.01, 6.06, 6.08 of Title 6 and Chapter 3 of Title 16 of the Firestone Municipal Code to accomplish
these objectives; and
WHEREAS, the Board of Trustees believes these amendments will improve the
understanding and administration of the Code regarding those regulations and their underlying
goals; and
WHEREAS, the Board of Trustees finds and declares this ordinance promotes the public
health, safety and welfare of the public, including but not limited to its citizens and residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 6.01.010,”Definitions,” of Title 6, Chapter 6.01 of the Firestone
Municipal Code shall be amended by deleting the definition of “Vicious Animal.”
Section 2. Chapter 6.06, “Vicious Animals” of Title 6 of the Firestone Municipal
Code shall be repealed in its entirety and re-enacted to read in full as follows:
Chapter 6.06 – Dangerous and Potentially Dangerous Animals
6.06.010 – Definitions.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
When used in this Chapter, the following words, terms and phrases will have the following
meanings:
Dangerous animal means any animal , except a dog assisting a law enforcement officer engaged
in law enforcement duties, that:
(1) Has previously attacked or bitten a person or domestic animal without provocation
sufficient to predict such a response from the animal ; or
(2) Without provocation, reacts with excessive aggression to ordinary events, escalating
from apparent calm to attacking in seconds, giving victims little to no time to protect
themselves; or
(3) Has behaved in such a manner that a reasonably prudent person knows or should know
that the animal possesses the intention, habit, propensity or temperament to attack or
inflict injury, including serious bodily injury, without provocation sufficient to predict
such a response from the animal; or
(4) Has caused the death of a domestic animal or a person; or
(5) Has engaged in or been trained for animal fighting as described and prohibited in Section
18-9-204, C.R.S.; or
(6) Has been previously adjudged as a potentially dangerous animal under this Chapter or
the owner has failed to abide by a protective order and the animal has engaged in
subsequent behavior that meets the definition of a dangerous animal under this Chapter .
Potentially dangerous animal means any animal , except a dog assisting a law enforcement
officer engaged in law enforcement duties, that :
(1) Has inflicted any injury, including serious bodily injury, upon a person or domestic
animal at any place within the Town ; or
(2) Has shown aggressive tendencies by menacing or chasing a person or domestic animal;
or
(2) Without provocation, approaches any person or domestic animal in an apparent attitude
of attack and demonstrates aggressive behavior that would cause a reasonable person to
believe that the animal may inflict bodily injury , including without limitation lunging,
snarling, growling, barking, or snapping , or restricts the movement of a person or
domestic animal, including without limitation, cornering or circling, and such behavior
may, but need not, result in actual physical contact from such animal.
Serious bodily injury means any physical injury that results in severe bruising, muscle tearing,
skin laceration, or any physical injury that requires corrective or cosmetic surgery.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
6.06.020 - Potentially dangerous animals.
(a) It shall be unlawful for any person to own, possess, harbor, keep, have a financial
or property interest in, or have custody or control of , a potentially dangerous animal within the
Town without compliance with this Section .
(b) After any animal has been adjudged a potentially dangerous animal through
conviction or entry of a plea , including any deferred sentence received as part of a plea
agreement, in the Municipal Court, the Municipal Court shall enter a protective order that meets
the requirements of subsection (c). Following entry of the protective order, the animal may be
permitted to remain in the Town if and only if the owner or keeper of the animal complies at all
times with such protective order while it remains in effect, unless the animal is later declassified
from the potentially dangerous animal designation in accordance with Subsection (e) of this
Section.
(c) Protective Order. Upon sentencing pursuant to a plea of or finding of guilt , or no
contest, including any deferred prosecution, to a violation of this Section, the Municipal Court
may, at its discretion, order the defendant to:
(1) Confine such animal in a building or enclosure designed to be escape -proof and,
whenever such animal is outside of such building or enclosure, the animal shall
be securely muzzled and restrained by a secure collar and leash no longer than
four (4) feet und er the direct physical control of the owner or other responsible
person at all times. Escape -proof enclosure means a structure of at least six (6)
feet in height with secured sides, locked, and designed to prevent the animal from
escaping the enclosure. If such enclosure has no bottom secured to the sides, the
sides must be embedded into the ground no less than two (2) feet deep. If the
required six (6) feet in height and two (2) feet in depth is inadequate to contain
the animal, the height and depth of the enclosure shall be increased until the
enclosure is deemed escape -proof by a Community Services Officer. The
enclosure must be suitable to prevent the entry of young children or lunging
attacks outward by the animal. Nothing in this Subsection shall prev ent the
humane care of the animal . A Community Services Officer is permitted to inspect
the animal and premises for compliance at reasonable times.
(2) Display in a prominent place on the defendant's premises, and the premises
where the animal resides if different, a sign easily readable by the public from
the public street using the words "Beware of Potentially Dangerous Animal ."
(3) Immediately report to the Police Department any material changes in the animal's
situation, including but not limited to a change of address, escape or death.
(4) At the defendant's expense, permanently identify the animal through the
implantation of a microchip by a licensed veterinarian or a licensed shelter. The
owner shall file the veterinary record of the microchip implantation with the
Police Department .
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(5) Prior to the implantation of the microchip, pay a non-refundable microchip
license fee of fifty dollars ($50.00) to the Police Department .
(6) Spay or neuter the animal, if the animal is not already spayed or neutered, at the
owner's expense. The Municipal Court may grant an exception to the spay or
neuter requirement where defendant provides to the court within thirty (30) days:
(i) a letter from a license d veterinarian stating such spaying or neutering of the
animal would be harmful to its health, or (ii) paperwork demonstrating the
animal is registered and actively being shown in an event that does not allow the
animal to be altered.
(7) Prior to the animal receiving any service or treatment, disclose in writing to any
provider of the service or treatment, including but not limited to a veterinary
health care worker, groomer, humane agency staff person, pet animal care
facility staff person, profession al handler, or trainer, each acting in the
performance of his or her respective duties, that the animal has been the subject
of a conviction of a violation of this Section .
(d) Upon written petition to the Municipal Court, the owner or keeper of the animal
may request termination of the protective order , if in the discretion of the Municipal Court the
owner demonstrates that there are no additional documented incidents by the Town of any
behavior of the animal that meets the definition of a potentially dangerous or dangerous animal
for a twenty four-month period from the date of entry of the protective order. In consideration
of the request, the Municipal Court may order the owner to permit a Community Services Officer
or Police Officer to inspect the animal and observe it in its habitat . Otherwise, an animal
classified as potentially dangerous shall be declassified from such designation after the
protective order ends, which shall be three (3) years from the date of its entry; provided, however ,
that the conditions posed under th e protective order have been met for the uninterrupted three-
year period and upon the Municipal Court's approval. Notwithstanding, the Municipal Court may
declassify an animal after the applicable period despite violations if i t determines that the owner
or keeper’s failure to abide by the protective order was not systematic or serious.
(e) If the owner or keeper of any animal previously adjudged potentially dangerous
has a second or subsequent violation of this section for the same animal, then such person shall
be charged with a dangerous animal under Section 6.06.030.
(f) Failure to comply with protective order.
(1) It shall be unlawful for any person to violate a protective order issued pursuant to
Section 6.06.020(c). Violation of a protective order shall constitute a separate
municipal offense punishable by Section 1.16.010 of this Code ; provided,
however, that if punishment is inflicted to vindicate the dignity of the court, as
provided in subsection 6.06.020(f)(2), any sentence imposed for a violation of
this subsection shall run concurrently and not consecutively with any sentence
imposed for a violation of 6.06.020(f)(2).
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(2) The Municipal Court is also empowered, in its discretion, pursuant to Colorado
Rules of Civil Procedure Rule 107, to vindicate its dignity by issuing a contempt
citation for failure to comply with the protective order, commanding such person
to appear before the Municipal Court to show cause at a date, time, and place
designated why such pers on should not be punished for contempt of court. When
the Municipal Court finds any person to be in contempt, the Court may impose
on the contemnor a fine and/or imprisonment as set forth in Colorado Rules of
Civil Procedure Rule 107 .
6.06.030 -- Dangerous animals.
(a) Except as otherwise specifically permitted under this Chapter, the ownership,
possession, custody, control, harboring, keeping, or maintaining of a dangerous animal anywhere
within the Town requires a dangerous animal permit issued by the Firestone Police Department.
(b) Except as otherwise specifically permitted under this Chapter, it shall be unlawful
for any person to own, possess, harbor, keep, maintain, have a financial or property interest in,
or have custody or control of , a dangerous animal within the Town without a dangerous animal
permit issued under authority of the Police Department , or in a manner contrary to the terms and
conditions set out in such permit .
(c) Any person convicted of, or who has agreed to deferred sentencing pursuant to a
plea agreement for, a violation of this Section may, in addition to all other penalties under the
Code, be required or ordered to surrender such animal to the care of a licensed, court-approved
animal shelter to be placed for adoption, humanely destroy such animal or to remove and
maintain it outside of the Town .
6.06.040 --Dangerous animal permit.
(a) After any animal has been adjudged a dangerous animal through conviction or
entry of a plea, including any deferred sentence received as part of a plea agreement, in the
Municipal Court, the owner or keeper of such animal shall apply for and maintain at all times a
dangerous animal permit within five (5) days of the date of entry of judgment, unless the animal
has been humanely euthanized, surrendered to a licensed , court-approved animal shelter, or
permanently removed from the Town .
(b) Applications for a dangerous animal permit shall include:
(1) The name and address of the applicant and of the owner or keeper of the animal
and the names and addresses of two (2) people who may be contacted in the case
of emergency.
(2) An accurate description of the animal for which the permit is requested.
(3) The address or place where the animal will be located.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(4) Payment of a processing fee of $100.00 to offset administrative costs associated
with issuing the permit . In addition to the processing fee, the owner or keeper of
a dangerous animal shall pay an annu al permit fee as set by the Board of Trustees
by resolution to register and maintain registration of such owner or keeper's
animal as a dangerous animal and to offset administrative costs associated with
monitoring dangerous animal permits.
(5) Proof that the animal has had a microchip implanted.
(6) Proof that the animal has a current rabies vaccination.
(7) Such other information as the Police Department may require.
(c) An applicant seeking a dangerous permit under this section must agree that an
employee, representative, or consultant of the Police Department may enter and inspect the site,
lot or parcel upon which the animal will be located, prior to the issuance of a permit.
(d) The Firestone Police Department may grant a dangerous animal permit , in
writing, authorizing a person to own, possess, harbor, keep, maintain, have a financial or
property interest in, or have custody or control of , a dangerous animal within the Town.
(e) The dangerous permit issued under this section shall contain the f ollowing
conditions:
(1) Any owner or keeper of a dangerous animal shall be jointly and severally
responsible with all other owners or keepers of such animal for compliance with
the requirements of this Subsection and the permit issued hereunder.
(2) The owner or keeper of any dangerous animal shall be allowed only one (1)
permitted dangerous animal, and no household within the Town shall be allowed to
harbor more than one (1) permitted dangerous animal at any time.
(3) The owner or keeper of a dangerous animal shall be a responsible adult eighteen
(18) years of age or older.
(4) The location where the dangerous animal is possessed or maintained must be kept
clean and sanitary, and the animal must be provided proper and adequate food,
water, ventilation, shelter and care at all times.
(5) A Community Services Officer or Police Officer must be permitted at any
reasonable time to inspect the animal and premises for compliance with this
Section.
(6) The owner or keeper of the dangerous animal shall provide and pay for the
implantation of a microchip within such animal and shall provide proof of
compliance with this requirement at the time of making the permit application.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(7) The owner or keeper of a dangerous animal shall notify the Police Department in
person or by telephone of any of the following occurrences within the scheduled
time frames as set forth in this Subsection:
a. Within eight (8) hours after the animal has escaped or has otherwise ceased
to be in custody of the owner or keeper for any reason, unless the owner or
keeper knows such animal to be physically secured, restrained or confined
and to be in the custody of another adult who is competent.
b. Within eight (8) hours after the animal has attacked a person or another
domestic animal.
c. If the animal has died or if ownership or possession of the dangerous animal
or the location of the dangerous animal's primary habitat is changed to a
person or location outside of the Town, the animal owner or keeper listed
on the permit shall notify the Police Department within twenty-four (24)
hours of such change, including the name, address and telephone number of
the new owner, if relevant. If ownership or possession of the animal or the
location of the animal's primary habitat is changed to a person or location
at a different address within the Town, the animal owner or keeper listed on
the permit shall notify the Police Department within twenty-four (24) hours
of the change, including the name, address and telephone number of the new
owner, if relevant, and the new owner may be permitted to modify the
permit to reflect the new owner's name in the discretion of the Police
Department, but such modification must be obtained within five (5) days of
the change. The fee for permit modification shall be as set by the Board of
Trustees by resolution.
(8) Any other conditions of operation or other special conditions that the Police
Department determines are necessary to minimize impacts to adjoining properties
or to safeguard against inhumane treatment of the animal, including without
limitation:
a. Except under the circumstances otherwise specifically permitted by this
Section, a potentially dangerous animal shall at all times be maintained
inside of a proper enclosure.
b. The dangerous animal shall not be present, kept or maintained at any
location other than as specified in the permit.
c. A sign which is clearly visible to the general public shall be posted on the
premises where a dangerous animal is kept, warning that there is an animal
on the premises which presents a danger to people. Such sign shall have the
dimensions, colors, graphics and lettering that comply with the standards as
established by the Police Department. Such sign shall also include a symbol
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
sufficient to convey, without the use of words, the message that there is an
animal on the premises which presents a danger to people.
d. The dangerous animal shall not be permitted to be outside a proper
enclosure on the premises named in the permit except for the purpose of
obtaining supervised and attended exercise, veterinary care, being sold or
given away or to comply with any provision of law or directive of an animal
control officer. When outside the proper enclosure for such permitted
purposes, the animal must be properly muzzled and restrained by a
substantial chain or leash not to exceed two (2) feet in length under the
control of a responsible adult at all times who has the physical ability to
restrain the movement of such animal. Notwithstanding, a dangerous animal
may be confined humanely within a vehicle, provided that the animal cannot
escape or inflict injury upon any person or other domestic animal.
(f) The permit as provided in this Section shall be renewed annually with the Police
Department, unless it is later rescinded by order of the Municipal Court following a hearing in
accordance with Section 6.06.050.
6.06.050 -- Petition for permit rescission; hearings on petition; grounds for order
issuance.
(a) Any time after the fifth anniversary of the permit’s issuance, the animal’s owner
or keeper may submit a single written petition to the Municipal Court requesting a hearing and
an order to rescind the dangerous animal permit. The petition must include an a ffidavit, signed
under oath and under penalty of perjury, which outlines the facts supporting the request and
explains the grounds or reasons for believing rescission is justified . The petition must satisfy
the requirements of this subsection. A petition must:
(1) Allege that the animal no longer poses a significant risk of causing bodily injury
to people or other animals and must be accompanied by an affidavit, signed under
oath and penalty of perjury, stating the specific actions or facts that give rise to a
reasonable belief dangerous acts by the respondent;
(2) Allege that the animal has attended and completed an animal obedience/behavioral
training course or seminar class conducted by an individual possessing a CPDT-
KA, CPDT-KSA, or CBCC-KA designation from the CCPDT (Certification
Council for Professional Dog Trainers) and must be accompanied by a
certification;
(3) Allege that the owner or keeper has attended and completed a responsible animal
ownership class from ISAE or other court approved class and must be
accompanied by a certification ;
(4) Identify whether there is a pending lawsuit, complaint, or other action concerning
the animal in the Town or another jurisdiction ; and
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(5) Identify whether the owner or keeper has been charged, convicted or plead guilty to
any violations pertaining to Title 6 of the Firestone Municipal Code.
(b) Upon receipt of the filed petition, the Municipal Court shall set a date for a hearing
to be held. The court clerk shall forward a copy of the notice of hearing and petition to the Police
Department for service upon the petitioner .
(c) A copy of the notice of hearing and petition must be served upon the petitioner in
accordance with the rules for service of process as provided in rule 4 of the Colorado rules of
civil procedure or rule 249 of the Colorado municipal court rules of procedure.
(d) The court shall rescind the dangerous animal permit if the petitioner establishes
by clear and convincing evidence that the animal no longer poses a significant risk of causing
bodily injury to people or other animals .
(e) In determining whether grounds for a rescission order exist, the court may
consider any relevant evidence, including but not limited to any of the following :
(1) There are no additional instances of dangerous behavior within a sixty (60) month
period from the date of permit issuance;
(2) Changes in circumstances or measures taken by the owner or keeper have
significantly reduced the risk , such as age or health have reduced the animal’s
capacity for dangerous behavior ;
(3) The opinion(s) of the Community Services Officer and/or other agencies, together
with any supporting evaluations, observations, analysis or other information
presented, relating to the changed behavior and present capacity of the animal,
and their recommendations regarding whether the dangerous animal permit
should be rescinded; and
(4) Any other evidence tending to show a positive change in social behavior and a
demonstrated reduction in reactive, fearful, aggressive or other undesirable
behavior to a specific stimulus.
(f) In a hearing pursuant to this section, the rules of evidence apply to the same extent
as in any other municipal court proceeding pursuant to the Colorado municipal court rules of
procedure.
6.06.070 -- Affirmative defenses to dangerous or potentially dangerous animal
charges.
It shall be an affirmative defense to a violation of the charge of dangerous or potentially
dangerous animal if evidence of the following is presented :
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(1) At the time of the attack by the animal which causes injury to a domestic animal, the
domestic animal was at large, was an estray and entered upon the property of the owner
and the attack began, but did not necessarily end, upon such property;
(2) At the time of the attack by the animal which causes injury to a domestic animal, said
domestic animal was biting or otherwise attacking the animal or its owner;
(3) At the time of the attack by the animal which causes injury to a domestic animal , the
animal inflicting the injury was working as a hunting dog, herding dog or predator control
dog on the property of or under the control of the dog's owner and the injury or death was
to a domestic animal naturally associated with the work of such dog ;
(4) At the time of the attack by the animal which causes injury to a person, the victim of the
attack was committing or attempting to commit a criminal offense against the animal's
owner, and the attack did not occur on the owner's property;
(5) At the time of the attack by the animal wh ich causes injury to a person, the victim of the
attack was committing or attempting to commit a criminal offense against a person on
the owner's property or the property itself, and the attack began, but did not necessarily
end, upon such property; or
(6) The person who was the victim of the attack by the animal tormented, provoked, abused
or inflicted injury upon the animal in such an extreme manner which resulted in the
attack; or
(7) The person who was the victim of the attack by the animal was a veterinary health care
worker, groomer, humane agency personnel, professional handler, trainer, each acting in
the performance of his or her respective duties .
6.06.080 -- Impoundment and Euthanization.
(a) Whenever any animal engages in behavior that meets the definition of a dangerous
or potentially dangerous animal within the Town, the animal may be seized and impounded as
set forth in Chapter 6.08.
(b) If the identity of the owner or keeper of an animal which the Community Service s
Officer or Police Officer reasonably believes to be potentially dangerous cannot be reasonably
determined, the animal shall be immediately confiscated. If the owner or keeper then claims such
animal, the animal may, in the discretion of Community Services Officer or Police Officer, be
released to its owner or keeper, together with a copy of the summons and complaint charging a
violation of this Chapter.
(c) If the animal remains unclaimed for five (5) days, the animal shall be destroyed
in an expeditious and humane manner. Such anim als may be placed for adoption only with the
consent of a Community Service s Officer or Police Officer.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(d) Upon conviction or entry of a plea, including any deferred sentence received as
part of a plea agreement, the municipal court judge may, in addition to any other penalty available
under this Chapter, order that the animal be humanely euthanized at the owner's expense upon
exhaustion of any right an owner has to appeal.
6.06.090 -- Impoundment Hearing.
(a) Any animal impounded pursuant to this chapter may be held for a hearing before
the Municipal Court to determine the disposition of such animal. The Town shall notify, when
ascertainable, the owner of the animal in writing of the date, time, place and purp ose of the
hearing at least five (5) days before said hearing. The court shall conduct such hearing at the
earliest date available to the court. If, on the date of the hearing, the duly notified owner does
not appear, the court may proceed with the hearing . The hearing may take place regardless of
any pending municipal charge pertaining to the animal.
(b) At the hearing the formal rules of evidence shall not apply and any statement
made by any person at such hearing shall not be used as evidence at any municipal trial. The
court shall be guided by the basic notions of fairness in the conduct of such hearing and allow
the parties to present evidence, witnesses and have the right of cross -examination.
(c) The court shall consider as applicable, the followi ng:
(1) Any evidence presented at any trial involving the animal;
(2) The conduct of the animal during the incident charged;
(3) Any evidence of dangerous or violent behavior by the animal or threats
thereof;
(4) Any prior violations by the owner of the animal of this chapter or the laws
of the town, or laws of any state or political subdivision thereof;
(5) Any prior violations by any other owner of the animal, involving the same
animal, of any violation of this chapter or the laws of the town, or any la ws
of the state or political subdivision thereof;
(6) Any conditions existing on the property where the animal has been or will
be kept which would affect the likelihood of any danger to any person,
animal or property;
(7) Any evidence of any ameliorative action taken by the owner of the animal
which would affect the likelihood of any danger to any person, animal or
property; and
(8) Any other evidence relevant to the issues as determined by the court.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(d) If, at the hearing, the Town establishes by a preponderance of the evidence that
there is a reasonable likelihood of future injury to persons, property or animals, the court shall
order the animal to remain impounded at the owner's expense until final disposition of any
pending municipal charges. The owner shall bear all costs of impounding the animal regardless
of the results of any municipal charges.
(e) If the court determines that it is not appropriate to order the animal impounded,
the court may order the animal returned to the owner and to be kept und er such circumstances
as will ensure the safety of persons, property or other animals .
6.06.100 -- Breeding of Dangerous Animal.
It shall be unlawful for any person to possess with intent to sell, offer for sale, breed, buy,
or attempt to buy within the Town any animal which has been adjudicated to be a dangerous
animal pursuant to a conviction under Section 6.06.030 or a conviction under Section 18 -9-
204.5, C.R.S. This provision does not apply to an animal adjudicated potentially dangerous under
this Chapter.
6.06.110 -- Animals from other jurisdictions.
No animal that has previously been determined to be vicious, dangerous, potentially
dangerous, or received a similar designation after an administrative or court proceeding by
another jurisdiction, shall be kept, owned, or harbored in the Town, unless the animal's owner
applies for and obtains from the Police Department a dangerous animal permit prior to bringing
such animal into the Town, without need for further adjudication by the Municipal Court.
Application and issuance of and conditions applicable to such permit shall be in accordance with
the provisions set forth in Section 6.06.40(e) above. Animals in violation of this Section are
subject to impoundment after notice and a hearing pursuant to Chapter 6.08 , except that the only
issues for hearing are whether the animal ever received vicious, dangerous, potentially
dangerous, or received a similar designation in another jurisdiction, and whether the animal's
owner complied with the requirements under this S ection.
6.06.120 -- Authority.
A Community Services Officer or Police Officer may use deadly force at an animal under
the following circumstances:
(a) In order to destroy any animal that appears to be suffering from an apparent fatal
wound or sickness, but only after making a reasonable attempt to locate and receive permission
from the animal's owner; or
(b) At an animal to protect oneself or others from what such officer reasonably believes
is an imminent threat of death or serious bodily injury.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
Section 3. Subsection 6.08.010(1), “Authorization for capture and impoundment,” of
Chapter 6.08 of the Firestone Municipal Code shall be repealed in its entirety and reenacted to
read in full as follows:
1. Animals at large, animals that engage in behavior that meets the definition of a dangerous
or potentially dangerous animal , an animal adjudicated to be a dangerous or potentially
dangerous animal pursuant to Chapter 6.06 (b ), animals creating a disturbance, maltreated
animals and nuisance animals;
Section 4. Section 6.08.040, “Reclamation of certain animals restricted or
prohibited,” of Chapter 6.08 of the Firestone Municipal Code shall be repealed in its entirety and
reenacted to read in full as follows:
6.08.040 -- Reclamation of certain animals restricted or prohibited.
The following restrictions or prohibitions shall apply to the reclamation of the following
impounded animals:
1. Animals which are or appear to be dan gerous may not be reclaimed unless and until a
judgment of dismissal is entered by the municipal court on the dangerous animal charge or, upon
a conviction or entry of a plea of guilty or no contest, the court orders the animal released .
2. If an animal was impounded on the basis of a violation of Section 6.04.010 of this title,
except for dangerous, wild or exotic animals, then the notice shall include a statement, in writing,
that the animal will be disposed of if the owner or keeper does not request a hear ing before the
Municipal Court within five (5) days of the date of the notice. If a hearing is requested, the court
shall conduct such hearing in accordance with Section 6.06.090 . If, at the conclusion of the
hearing, the court determines that the animal was being kept in violation of any provision of this
chapter, except for a dangerous, wild or exotic animal, the court may order the animal disposed
of in the manner provided in Section 6.08.060 and not returned to its owner or keeper.
Alternatively, if the court determines that, due to changed circumstances, the animal's health and
the public health, safety and welfare will not be endangered thereby, the court may order the
animal returned to it s owner upon payment of impoundment, boarding or veterinary fees and any
other expenses incurred by the town or the animal shelter in connection with the impoundment
of the animal and its subsequent care. If the court determines that the animal was wrongfu lly
impounded, the court shall order the animal returned without payment of such fees or expenses.
If no hearing is requested, the court may order the animal disposed of in the manner provided in
Section 6.08.060.
3. Wild or exotic animals kept in violatio n of this chapter shall not be released to the owner
or any other person; provided, however, that such animal may be released to the appropriate
authorities
Section 5. Chapter 6.07, “Restrictions and Prohibitions,” of Title 6 of the Firestone
Municipal Code shall be amended by adding a new section 6.07.050 to be entitled, “Animal
limits per household,” to read in full as follows:
6.07.050 -- Animal limits per household.
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85
(a)It shall be unlawful for any person to own, possess, harbor, keep or care for more
than a combined total of four (4) household pets over four (4) months of age, as defined in
Section 16.3.3.G.6 of the Firestone Development Code , per developed one household dwelling
unit.
(b)It shall be unlawful for any person to own, possess, harbor, keep or care for more
than six (6) backyard chickens, as defined in Section 16.3.3.G.5 of the Firestone Development
Code, per developed one household dwelling unit .
Section 6. If any article, section, paragraph, sentence, clause or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the
validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each part or parts hereof irrespective
of the fact that any one part or parts was declared unconstitutional or invalid.
Section 7. Violations of this ordinance shall be punishable in accordance with Sections
1.16.010 and 2.44.060 of the Municipal Code of the Town of Firestone, Colorado.
Section 8. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY
TITLE this _20_ day of May, 2026.
TOWN OF FIRESTONE, COLORADO
____________________________________
Don Conyac Jr., Mayor
ATTEST:
___________________________________
Miriam Granados Luna, CMC, Town Clerk
APPROVED AS TO FORM:
_____________________________
Marshall Keith Martin, Town Attorney
Docusign Envelope ID: 6543BBC7-52E4-832A-815B-818B67E6DE85