HomeMy WebLinkAbout1014 Repealing and Re-enacting Title 6 Animals of Municipal Code 06-08-2022ORDINANCE NO. 1014
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, REPEALING AND RE ENACTINu IN ITs
ENTIRETY TITLE 6 "ANIMAi,S" OF THE FIRESTONE MUNICIPAL
CODE
WHEREAS, the Board of Tnistees �f the Town of Firestone ("Town")has determined that
the Town's Current regulations regarding animals set forth in Title 6 of the Firestone Municipal
Code are outdated and not softi�iently aligned with best practices or the Towns current
administrative procedures; and
WHEREAS, the Town desires to repeal and reenact Title 6 of the Firestone Municipal
Code to address these existing deficiencies and the Town finds that repealing and re-enacting will
increase the effectiveness of the Firestone Municipal Code with regard to those regulations and
underlying goals.
NOW, THEREFORE, BE IT ORDAII�tED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section t. Title (�, "Annuals,' of the Firestone Municipal Code is hereby repealed in its
entirety and re-enacted to read as follows.
TITLE 6. ANIMALS
CHAPTER 6.01. DEFINITIONS
Sec. 6.01.010. Definitions.
The following words, terms and plu•ases, when used in this title shall, unless otherwise
specifYied, mean as follows:
Abuf�tlorr means the leaving of an animal without adequate provisions for the animal's proper
care by its owner.
Arafriial means any of the kingdom (Animalia) of living beings typically differing from plants in
capacity for spontaneous movement and rapid motor response to stimulation; consistent
therewith, any one of the lower animals distinguished from man.
Animal owner or o,vnet• means any person who owns, keeps, harbors, possesses, or otherwise
has custody or control of any animal in the town, whether such person is a resident or nonresident
of the town.
Animcrl owner's aitthori.�ed agent means any person who acts for or in the place of the animal
owner by authority from the animal owner.
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Arrirual shelter means any premise designated by the town for the purpose of boarding the caring
for any animal impounded under the provisions of this chapter or any other ordinance of the
town or law of the state.
C,at means any domesticated animal of the species felis domestics.
Corrrnrrurity 0e'I s ces officer means any person empowered by the Town of Firestone to enforce
the provisions of this chapter, including peace officers, as defined in C.R.S. H 18-3-201(2) and
30-15405, personnel of the Firestone Police Department, or any employee of the town
designated or authorized by the town manager or by the town manager's authorized
representative.
Dog means any domesticated animal of the species cams familaris, or other species of the family
canidae.
Guard dog means a dog disciplined, tluouglr special training, to protect persons and/or property
by attacking or threatening to attack any person found within the area authorized to be patrolled
by the dog.
Harbor means the activity of the occupant of any premises on which an animal is kept or to
,vhich an animal customarily returns for food and care which contributes to the animal's habit or
tendency to stay at or return to said premises for care and sustenance.
Hrrruane tray means box type live traps which do not cause bodily harm to the animal intended
to be captured or any other animal or person coming in contact with such trap.
Leash means a substantial chain, cord, rope or similar device sufficient to hold an animal in
restraint, and which is not more than six feet in length.
Live..stocL- means cattle, swine, sheep, goats and such Horses, mules, asses, and other animals
associated with or used in the farm or ranch production of food, fiber or agricultural products.
1ldistreat means every act or omission which causes or urueasonably permits the continuation of
unnecessary or unjustifiable pain or suffering.
Rreglect means failure to provide food, water or protection from the elements, opportunity for
exercise, or other customary care, usual and proper for an animal's health and well-being and
includes, but is not limited to, leaving an animal unattended in a vehicle without adequate
ventilation and water, or leaving an animal tethered in such a manner that it becomes entangled
and endangers itself or is unable to reach necessary water or shelter.
Rabies ruoculatiorr means the inoculation of an animal with a rabies vaccine approved by the
Colorado Department of Health and administered by a Colorado licensed veterinarian.
Running
at large means any animal, unless specifically excepted by this chapter, not under the
direct and competent control of the owner or the owner's authorized agent by means of a leash,
except an animal on or within the owner's motor vehicle provided when such vehicle is parked
the animal shall be within the enclosed portion of said motor vehicle or tethered so as to restrain
the animal within the confines of the motor vehicle.
S" El01 animal means any animal, with or without a registration rabies inoculation tag, found
unattended, running at large or unattached anywhere within the town.
Town clerl� shall i2lean the town clerk or the town clerk's authorized designee.
Town manager shall mean the town manager or the manager's authorized designee.
Veterinariar� means a person cui-�•ently licensed by the State of Colorado to practice veterinary
medicine.
Vicious animal means any animal that is the cause of unprovoked bites, snaps at or attacks
humans or other animals on public or private property or without provocation approaches any
person on public or private property in a terrorizing manner or in an apparent attitude of attack;
provided, however, that an animal shall not be deemed a vicious animal by reason of having
bitten or attacked by the following.
(1) Any person engaged in the tunlawfill entry into or upon the animal owner's property
where such animal is kept;
(2) Any person engaged in the unlawfill entry into or upon the animal owner's automobile
or other vehicle wherein such animal is confined, or which is parked on the street
immediately adjacent to the owner's property;
(3) Any person engaged in attacking or molesting another person;
(4) Any person engaged in attempting to stop an altercation between such animal and
another animal; and
(5) Any person who deliberately and wantonly provokes such animal to bite or to attack
such person, another person, or another animal.
Secs. 6.01.020 — 6.01.200 Reserved.
CHAPTER 6.02 - LICENSES.
Sec. 6.02.010. Required.
(a) The owner of any dog or cat over the age of six months shall obtain an annual license for
such animal from the town clerk within 30 days after the owner establishes a domicile in
the town, takes possession of the animal, or the animal attains the age of six months,
whichever occurs last.
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(b) The owner of any dog or cat licensed pursuant to this chapter shalt securely attach the
license to the animal's collar to be worn by the animal at all times.
Sec. 6.02.020. Yrrrequisite to issuance.
(a) Upon application for a license, the applicant shall exhibit to the town clerk a certificate
from a veterinarian that the animal has been inoculated as required by section 6.03.010.
(b) Certificate of vaccination: The veterinarian administering the vaccination shall execute
and furnish to the animal owner as evidence thereof a certificate of vaccination, upon a
form issued by the veterinarian. The certificate shall contain the following.
(1) The animal owner's name, address and telephone number;
(2) The breed, sex, color and name of the inoculated animal;
(3) The date of inoculation;
(4) The type of vaccine used;
(5) Where applicable, the tag number of the rabies vaccination issued; and
(6) The signature of the veterinarian issuing the certificate.
(c) If any animal bites any person within aten-day period preceding the date on which such
animal is to be vaccinated, the owner of such animal shall report such fact to the
veterinarian and no rabies vaccine shall be administered until after a ten-day observation
period.
Sec. 6.02.030. Fees.
An animal owner shall pay an annual license fee established by resolution of the Board of
Trustees. Such fee shall be reduced for any animal owner �vlro presents written proof from a
veterinarian that such animal has been spayed or neutered.
Sec. 6.02.040. Records.
The town clerk shall keep a record of all town certificates and licenses issued pursuant to this
chapter.
Sec. 6.02.050. Harboring unvaccinated and nonregistered animals.
It shall be unlawful for any person to keep, harbor or possess any animal not vaccuated and
licensed as required by this title.
CHAPTER 6.03 -ANIMAL DISEASE CONTROL
Sec. 6.03.010. Vaccination required.
(a) It shall be unlawful for any person to own a dog or cat over six months of age unless such
animal is currently vaccinated against rabies.
(b) Every owner of a dog or cat shall keep and ext upon the lawful request of a
community services officer, a certificate of vaccination evidencing the most current
vaccination for each such animal.
(c) Rabies vaccinations shall be kept current in accordance with the guidelines set forth in
the Compendium of Animal Rabies Control as promulgated by the National Association
of State Public Health Veterinarians.
Sec. 6.03.020. Reporting animal bites.
(a) Whenever any animal has bitten any person, it shall be the duty of the owner of such
animal or of any person, having knowledge of such bite to immediately report such fact
to a community services officer or the police department, stating, if known, the location
of such animal.
(b) Whenever any animal is affected by rabies, or suspected of having rabies, or has been
bitten by or suspected of having been in contact with an animal known or suspected to
be affected by rabies, the owner of such animal or any person having knowledge of such
matter shall immediately report such fact to a community services officer or to the police
department stating, if known, the location of such animal.
(c) Every physician or medical practitioner shall, within 12 hours upon treatment of any
person bitten by an animal within the town, report to a community services officer or to
the police department the name, age, and address of the person so bitten and treated, with
the permission of said person. It shall be the duty of every physician or medical
practitioner to request such permission.
(d) It shall be the duty of every veterinarian who diagnoses rabies in any animal to
inrrrrediatelmy report such fact to a conumnnity services officer or to the police department.
Sec. 6.03.030. Confinement; quarantine.
(a) If any animal is suspected of having rabies or if any animal has bitten a person and such
animal has not had a current vaccination, such animal shall be confined for a period of at
least ten days from the date of the bite at the animal shelter or at a veterinary facility of
the owner's choice, at the expense of the owner of the animal. During the ten-day
observation period, no rabies vaccine shall be administered to the animal.
(b) No animal held for observation on suspicion of rabies shall be released until the
observation period is over, except as follows:
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(1) If the owner shows proof of current rabies vaccination, the animal may be released
into rabies confinement at the owner's residence, at the discretion of the
community services officer; or
(2) If the victim of the bite and the owner request that the rabies confinement be at
the owner's residence and the victim agrees in writing to release and hold harmless
the town, animal shelter and veterinary facility for releasing the animal to the
owner, the animal may be released into rabies confinement at the owner's
residence, at the discretion of the conununity services officer.
(c) For the purposes of this section, the term "rabies confinement at owner's residence" shall
mean that the animal is kept inside a secure building where no contact with animals, the
animal owner's family, or persons outside the owner's family can occur for a ten-day
period. During such period of confinement, the animal must not be let out to relieve itself
without being on a leash and handled by a person capable of physically restraining the
animal. If such animal is otherwise found outside the owner's residence during the
confinement period, it shall be taken and confined at the animal shelter or at a veterinary
facility of the owner's choice, at the expense of the owner, for the remainder of the
confinement period.
(d) If any animal has been bitten by another animal suspected to have rabies, the owner of
such animal exposed to rabies shall report such fact to a community services officer. The
corrununity services officer shall have the power, in the officer's discretion, to have the
animal suspected of having rabies or of being exposed to rabies removed from the owner's
residence to a veterinary facility and placed under observation for a period of up to six
months at the expense of the owner, provided that the owner may elect to have such
animal destroyed in lieu thereof.
(e) Notwithstanding the above, if a standard incubation period has not been established by
the state department of health for the particular species of animal which was bitten, it
shall be summarily destroyed. If the animal has been in contact with another animal or
human, a necropsy shall be performed by a certified laboratory to determine rabies
contamination.
Sec. 6.03.040. Destruction of rabies infected animals.
If rabies has been detected in any animal, such animal shall be summarily destroyed.
CHAPTER 6.04 -CARE AND TREATMENT OF ANIMALS
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ec.6.04.010. Cruel treatment prohibited.
(a) It shall be unlawfitl for any person to knowingly or recklessly engage in any of the
following acts, or any combination thereof:
(1) Fail to provide an animal under one's care and/or control with sufficient food,
water or proper shelter;
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(2) Fail to provide veterinary care when needed to prevent suffering, injury or death
of an animal;
(1) To needlessly mutilate or injure an animal;
(4I To needlessly, repeatedly beat, kill or attempt to kill an animal;
(5) To mistreat, cruelly treat, torment, overload, overwork or otherwise abuse an
animal to the extent that the animal is in imminent danger of injury, sickness or
death;
(6) To abandon an animal or neglect such animal to the extent that the animal is iu
inuuinent danger of injury, sickness or death;
(7) To crop a dogs ears, dock its tail or neuter an animal, (this provision shall not
apply to actions of a veterinarian);
(8) To confine an animal i11 such a way that the animal is exposed to extreme
temperature or weather conditions;
(9) To restrain, reshict or otherwise control an animal by use or means of a chain,
tether, or rope affixed to a stationary object when the animal owner or responsible
party is not present on the property for longer than is necessary for such person to
complete a temporary task; or
(10) To restrain, restrict, or otherwise control an animal by use or means of a chain,
tether or rope affixed to a stationary object outdoors for longer than:) hours in a 24-
hour period or in such a manner that endangers the animal's health, safety, or well-
being.
(b) It shall be unlawfiil for any person to antagonize, agitate, interfere, beat, kick, strike,
torture, torment, mutilate, injure, disable or kill any dog used by the town"s police
department when such dog is being used in the performance of the fiinctiorns or duties of
such department.
Sec. 6.04.020. Impoundment.
Any community services or police officer may impound an animal if such officer reasonably
believes that a violation of any of the acts prohibited in section 6.04.010 exists and that
impoundment is necessary for the health, safety or welfare of such animal. Such impoundment
and subsequent hearing shall be in accordance with the procedure set forth in chapter 6.08 of
this title.
Sec. 6.04.030. Poisoning prohibited; exceptions.
It shall be unlawful for any person to intentionally poison any animal, with the exception of rats,
mice, insects or other wild animals, including but not limited to sktuiks, squirrels, raccoons, bats
and prairie dogs. The poisoning of rats, mice, insects or wild animals must conform to the
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conditions, requirements and procedures of all applicable state and federal laws, riles and
regulations.
Sec. 6.04.040. Promotion of animals fights and keeping places therefor.
It shall be unlaIvfiil for any person to cause, instigate or encourage any animal to fight or to enter
into combat in any manner; and it shall be unlawful for any person to maintain any place where
animals are permitted or encouraged to fight for exhibition, wager or sport.
Sec. 6.04.050. Death of animals.
It shall be unlawful for the owner of any animal �vhicil dies to dump or abandon such animal on
any public or private property. All animals which die shall be humanely disposed of within 24
hours of their death. All dogs, cats or other "large animals" must be disposed of by burial on
private property with the permission of the person who owns or is in control of the property or
transported to an animal shelter or veterinarian facility for proper disposal.
Sec. 6.04.060. Vehicular accident; animals.
Any operator of a motor vehicle whose vehicle strikes a domesticated animal shall inunediately
report any iuiuiy or death of such animal to the police department.
Sec. 6.04.070. Care of animals.
It shall be unlawfiil for any animal owner, or any owner, manager or employee of a pet shop,
kennel, animal hospital or shelter to fail to maintain the facilities in a sanitary condition, provide
proper heating and ventilation, provide space appropriate to the size, width and species of animal,
provide adequate nutrition, provide adequate veterinary care for all animals in their care, or to
fail to take reasonable care to release for sale, trade or adoption only those animals which are
free of disease or injuries.
Sec. 6.04.080.Ownership of animal.
Ownership of any animal shall not be a recognized affii7mative defense for a violation of any
section of this chapter.
CHAPTER 6.05 -CONTROL OF ANIMALS
Sec. 6.05.010. Strict liability of animal owner.
For the purpose of prosecution for violation of any section of this chapter, it shall not be
necessary to prove notice or knowledge on the part of the animal owner that such animal vas
violating any of the sections of this chapter at the time and place charged, it being the purpose
and intent of this section to impose strict liability upon the animal owner for the actions, conduct
and condition of such animal.
Sec. 6.05.020. Running at large prohibited; exceptions; fences.
(a) It shall be unlawful for any animal owner to permit an animal to run at large within the
town except on the premises of the owner or on the premises of the person having charge
of the animal. Dogs under the control of a public law enforcement agency or dogs in areas
designated and posted by the town permitting dogs to be at large (dog parks) are exempt
from this prohibition.
(b) Fences used for the enclosure of animals shall be securely constructed and kept in good
repair.
Sec. 6.05.030. Animal disturbance of peace and quiet prohibited.
It shall be unla�vfiul for any animal owner to permit such animal to make unreasonable noise or
disturb the peace and quiet of any person by barking, whining, howling, yowling, squawking or
making any other noise i mn an excessive, continuous or untimely fashion. For purposes of this
section, unreasonable noise shall mean any sound of such level and duration as to be, or tend to
be, injurious to human health or welfare, or which would unreasonably interfere with the
enjoyment of life or property.
Sec. 6.05.040. Confinement during estrus required; exception.
Any unspayed female animal in the stage of eshlts (heat) shall be securely confined during such
period within a house, building or other secure enclosure which is so constructed as to prevent
other animals of the same species from gaining access to the confined animal. Any owner who
does not adequately so to confine the animal during the stage of estrus, or whose animal during
estrus creates a nuisance, shall be ordered by a conununity services officer to remove the animal
to a boarding kennel, to a veterinary facility or to an animal shelter. All expenses incurred as a
result of such confinement shall be paid by the animal owner. It shall be unlawfiul for any person
to fail to comply with a community services officer's removal order and the animal shall be
impounded at the owner's expense. This section shall not apply when animals are intentionally
brought together within an enclosed area of the owner's premises, or any enclosed area of the
owner's authorized agent's premises, for purposes of breeding.
Sec. 6.(15.050. Removal of animal excrement.
(a) It shall be unlawful for any owner to fail to prevent such animal from defecating or
voiding excrement on the property of another person, common areas, or upon any street,
right-of-way, park, open space or any other public place or property; provided, however,
that it is a specific defense to a charge of violating this section that the owner or person
having charge of the animal inuuediately removed or cleaned up such defecation or
excrement and disposed of it in a receptacle ordinarily used for garbage or in an otherwise
lawfiil and sanitary manner.
(b) It shall be unlawful for an animal owner to fail to periodically remove excrement
deposited by such animal on property owned or exclusively occupied by such owner so
as to prevent the creation of offensive odors which interfere or unreasonably disrupt any
other person's lawful use or enjoyment of one's home or property.
Sec. 6.05.060. Animals scattering trash.
It shall be unlawful for any owner to fail to prevent such animal from scavenging, scattering,
tearing at or rummaging through trash, garbage or rubbish, whether such is in a receptacle or
not, or from scattering or littering such trash, garbage or rubbish on or around any public or
private property; provided, however, that it is a specific defense to a charge of violating this
section that the owner immediately removed or cleaned up the trash, garbage or rubbish and
disposed of it securely in a receptacle ordinarily used for trash, garbage or rubbish or in an
otherwise lawful and sanitary manner.
Sec. 6.05.070. Picketing on public or private property or causing damage.
It shall be tuilawfiil for any person to picket, tether or otlmem�vise restrain or control any animal
in or upon the streets or other public places of the town, or upon the private property of other
persons, for longer than is necessary for the animal owner or responsible party to complete a
temporary task that requires the animal to be left unattended, or in such a manner as to endanger
the animal's life or well-being or to cause damage to any property.
CHAPTER 6.06 -VICIOUS ANIMALS
Sec. 6.06.010. Vicious animals prohibited.
(a) It shall be unla�vfitl for any person to own, possess, keep, harbor, or have control or
custody of any vicious animal.
(b) It is an affirmative defense to the charge of vicious animal that the person or animal that
was bitten, clawed or approached by the vicious animal was:
(1) Other than in self-defense or defense of its young, attacking the animal or
engaging in conduct reasonably calculated to provoke the animal to attack or bite;
(2) Unla�vfimlly engaging in entry into or upon a fenced or enclosed portion of the
premises upon which the animal was lawfiilly kept or upon a portion of the
premises where the animal was lawfully restrained by leash or lead;
(3) Unlawfiilly engaging in entry into or inn or upon a vehicle in which the animal as
confined;
(4) Attempting to assault another person;
(S) Attempting to stop a tight between the animal and any other animal;
(6) Attempting to aid the animal when it was injured; or
(7) Attempting to capture the animal in the absence of the owner or keeper, with the
exception of a peace officer, firefighter or community semvices officer in the
performance of such person's duty.
(c) For the purposes of this section, a person is lawfully upon the premises of an owner or
keeper when such person is on the premises in the performance of any duty imnposed by
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law or by the express or implied invitation of the owner of such premises or the owner's
agent.
Sec. 6.06.020. Exemption.
Employees or agents of the town or any local, state or federal governmental entity, using animals
within the course of their duties or employment shall be exempt from the provisions of this
chapter.
Sec. 6A6.030. Impoundment.
Any animal which has caused injury to any person or animal or which has unprovokedly attacked
any person or animal may be seized and impounded as provided for in chapter 6.08 of this title.
If, after making every reasonable attempt to seize such animal, including the solicitation of
assistance from the animal's owner, if such owner is immediately ascertainable and available,
the community services or police officer determines that the animal cannot be seized without
exposing the officer or other persons to danger of personal injury from the animal, and the animal
presents a present danger to any person, property, or other animal, it shall be lawfiil for the
officer to destroy the animal without notice to the animal owner.
Sec. 6.06.040. 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 purpose of
the hearing at least five 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 following:
(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;
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(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 laws 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 annual �vhicli
would affect the likelihood of any danger to any person, animal or property; and
(8) Any other evidence relevant to the issues as deteriuined by the court.
(d) If, at the hearing, the town establishes by a preponderance of the evidence that there is a
reasonable likelihood of fixture 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 under such circumstances as
will ensure the safety of persons, property or other animals.
Sec. 6.06.050. Vicious animal conviction i�ermit required.
(a) Upon conviction or entry of plea of guilty or no contest to a charge of vicious animal and
in addition to any terms and conditions imposed by the municipal court judge, the owner
shall be subject to the terms and conditions of a vicious animal permit issued by town
clerk or such person's designee. The owner may keep the animal within the town only
upon the owner's compliance with the conditions set forth in the permit, which include
the following:
(1) The owner shall, at the owner's expense, have the animal spayed or neutered and
shall provide proof to the town clerk from a licensed veterinarian that the
sterilization has been performed.
(2) The owner shall, at the owner"s expense, have a microchip, confonuing to the
town's standards implanted into the animal and provide such information to
cone iunity services. The town clerk shall maintain records containing the
registration number and name of the animal and name and address of the owner.
The owner shall be responsible for immediately notifying community services of
any change in address.
(3) At all times when the animal is at the property of the owner, the owner shall keep
the animal confined. tiVhen outdoors, the animal shall be confined in a securely
enclosed and locked structure, except when leashed and muzzled. Such stricture
shall have minimum dimensions of five feet by ten feet per animal housed, secure
nonwooden sides of at least six feet in height and a secure top attached to the
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sides. All strictures must be locked with a key or combination lock when the
animal is within the stricture. Such structure shall have a secure and safe bottom
or floor attached to the sides of the stricture or the sides of the structure shall be
embedded in the ground no less than two feet below grade. All strictures erected
to house such animal must comply with all zoning and building regulations. All
such structures must be adequately lighted and ventilated, kept in a clean and
sanitary condition and provide shelter for the animal. No animal may be kept on
a porch, patio or in any part of a house or stricture that would allow the animal
to exit such building on its own volition. In addition, no such animal may be kept
in a house or stricture when the windows are open or when screen windows or
screen doors are the only obstacle preventing the animal from exiting the
stricture. The secure structure requirement of this section may be waived upon
the owner demonstrating to the satisfaction of the town clerk that because of
homeowner covenants or property owner lease requirements, or the lack of a yard,
the owner is unable to constrict a conforming stricture. The animal must
however, be leashed and muzzled whenever outdoors upon the owner's property.
(4) The owner shall present the town clerk proof that the owner has procured and
maintained, at all times during the term of the permit, liability insurance in a
minimum amount of $100,000.00 covering any damage or injury caused by the
animal.
(5) At all times when the animal is off the property of the owner, the animal shall be
muzzled and either placed within a secure temporary enclosure, or secured by a
leash of no longer than four feet in length securely fastened to a collar. Extension
leashes are not permitted and leashes may not be attached to inanimate objects.
The collar must be reflective, made of durable, weather -resistant materials, and
consist of red stripes alternately spaced with yellow stripes each being of a width
of not less than 1 inch and not more than 2 inches and set diagonal to the rim of
the collar.
(6) The owner shall post, at each entrance to the owner's property where the animal
is kept, a conspicuous, reflective, lettered and clearly legible weather -resistant
sign of at least eight by ten inches, which shall contain the words "BEWARE,
VICIOUS ANIMAL" in lettering at least two inches in height.
(7) The owner shall not sell, convey or transfer the animal to any person without first
notifying the town clerk of the name, address and telephone number of the
transferee. If the transferee resides within the town, then such person shall then
be deemed the owner and subject to all requirements of this section.
(S) The owner shall iumnediately notify the police department or the town clerk in the
event that the animal is at -large, stolen, has acted in a vicious manner, or has died.
(9) The owner may temporarily transport the animal through the town. During travel
the animal shall be muzzled and confined either within a secure temporary
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enclosure or by a leash no longer than four feet in length. Extension leashes are
not permitted and leashes may not be attached to inanimate objects.
(10) If the owner has no other animal offense convictions within two years of the
issuance of the permit, the owner may petition the town clerk seeking the
termination or modification of the permit requirements. In consideration of the
request, the town clerk must be permitted to inspect the animal and observe it in
its habitat. Any decision regarding termination or modification of the permit is
within the sole discretion of the town clerk. An owner may request termination or
modification of the permit on an annual basis after the initial two-year period and
the town clerk may in its sole discretion modify or terminate the permit as it deems
appropriate.
(b) It shall be mllawfiil for any owner to fail to comply with the requirements set forth in this
section.
Sec. 6.06.060. Euthanization.
Upon a conviction of vicious animal, the mtuiicipal court, in addition to the penalties set forth
in this chapter may order that the animal be humanely euthanized.
Sec. 6.06.070. Authority for immediate destruction.
Nothing in this chapter shall be construed to prevent the immediate destruction of any vicious
animal when deemed necessary in the interest of public safety by the community services officer
or other law enforcement person, as provided by law.
CHAPTER 6.07 -RESTRICTIONS AND PROHIBITIONS
Sec. 6.07.010. Livestock prohibited.
It shall be unlawfiil for any person to own, keep, maintain, possess, harbor or care for, or permit
any livestock or fowl, which includes but is not limited to, horses, mules, donkeys, burros, cattle,
sheep, goats, roosters, geese, ducks, pigeons, peafowl, turkeys or swine on any property within
the town except as expressly permitted by the town's zoning regulations.
Sec. 6.07.020. Exotic, wild, dangerous or unusual animals prohibited.
(a) Except as permitted by state or federal law, Wile or regulation, it shall be milawfiil for any
person to own, possess, keep, maintain, harbor, transport or sell within the town any
living wild or dangerous animal; provided, however, that the following entities or persons
shall be exempt from this section.
(1) Any circus, rodeo or livestock show permitted by the town's zoning regulations;
(2) Any entity or person as authorized by the State of Colorado Parks and Wildlife
Conunission's regulations and applicable state statutes; and
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(3) Any entity or person acting within the course of its duties, which lawfully has
possession of and displays any wild or dangerous animal prohibited by this
section without charge for educational purposes.
(U) The term wild or dangerous animal, for the purposes of this section, shall mean and
include any and all species of the following.
(1) Bears;
(2) Any species of feline, including exotic cat/domesticated cat crossbreeds, other
than ordinary domesticated house cats;
(3) Skunks;
(4) Poisonous or venomous amphibians or reptiles;
(5) Raccoons, porcupines, badgers or other similar species, except ferrets or minks,
unless authorized under a state wildlife rehabilitation license;
(6) Deer;
(7) Any wolf, coyote or fox;
(8) Any species of nonlniman primate, Uut excluding animals imported sunder
authority of state or federal law; and
(9) Wild geese or ducks, except as permitted under a state wildlife rehabilitation
license.
(c) YT�ilcllife. Tin accordance with state statute, all wildlife, except as peruitted by the state is
deemed to be the property of the state, and right, title, interest, acquisition, transfer, sale,
importation, exportation, release, donation, possession, hunting, taking, relocation and
removal is permitted only as provided by state or federal statute, rule or regulation
(C.R.S. 33-1401).
(1) Trapping, capture, relocation, removal, transport, taking or control of wild
animals, including but not limited to skunks, squirrels, raccoons, Uats and prairie
dogs, is permitted provided that such wildlife is trapped, released, removed,.
relocated, exterminated or disposed of in accordance with the applicable state
laws, riles and regulations and any state division of wildlife or department of
agriculture permitting process.
(2) It shall be the responsibility of the property owner to dispose of any dead wildlife
upon the owner's property in accordance with the applicable state laws, riles and
regulations.
Sec. 6.07.030. Use of animals as inducement prohibited.
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No person shall give away any animal as a prize for or as an inducement to enter any contest,
game or other competition or as inducement to enter a place of amusement, for the purpose of
attracting trade.
Sec. 6.07.040. Guard clog requirements.
It shall be unlawful to place or maintain guard dogs in any area for the protection of
persons or property unless the following conditions are met.
(1) The dogs shall be confined to an enclosed area adequate to ensure they will not
(2) The dogs shall be under the absolute control of a handler at all tunes;
(3) Such building or enclosure shall have adequate safeguards against accidental
entry by children and against accidental and unintentional entry by any person;
(�) Warning signs shall be conspicuously posted at all access points to the property
indicating the presence of guard dogs and such signs shall plainly show a
telephone number where a person responsible for controlling such dogs can be
reached at all times;
(5) Prior to the posting of guard dogs on any property, the person or persons
responsible for the posting shall inform community services in writing of their
intention to post such dogs, the number of dogs to be posted, the location where
such dog or dogs will be posted, the hours of posting and the approximate length
of time such dog or dogs will be patrolling the property; and
(6) In the event that a community services officer deternunes that the presence of the
guard dogs or the circumstances of their presence constitutes a present danger to
any person, property or animal, the connrnunity services officer shall issue a cease -
and -desist order to be served upon the person notifying community services under
subsection (5) of this section. Service shall be in person or by certified mail, return
receipt requested, to the person responsible for the dogs as set forth in subsection
(5) of this section.
CHAPTER 6.08 -IMPOUNDMENT
Sec. 6.08.010. Authorization for capture and impoundment.
Community
services and police officers are hereby authorized to take or caphire animals
deemed by them to be included in the categories listed below and impound them at an animal
shelter or other appropriate location where the animals will be confined in a humane manner.
Such officers may utilize a tranquilizer dart if necessary in order to capture an animal which
appears to be vicious or destroy such animal if necessary to avoid a physical threat to human
beings.
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(1) Animals at large, vicious animals, animals creating a disturbance, maltreated
animals and nuisance animals;
(2) Livestock, wild or exotic animals kept in violation of this title;
(3) Animals which were being transported by a person involved in a vehicular
accident Nvhen such person becomes unable to care for or maintain control over
the animal as a result of the accident and there is no responsible person present to
take possession of the animal; and
(4) Animals which will be or have been left uncared for as a result of the death, injury,
arrest, detention or other incapacitation of the owner or keeper.
Sec. 6.08.020. Notice of impoundment.
If, by tags or other identification attached to the animal or any other information given to the
animal shelter, the owner of an impounded animal can be identified, a community services
officer shall, inunediately upon impoundment, notify the owner of such impoundment by
telephone, electronic mail, U.S. mail or written notice posted conspicuously upon the owner's
last known residence.
Sec. 6.08.030. Minimum time for impoundment of unclaimed animals.
(a) Unclaimed animals shall be kept at an animal shelter or other appropriate location for not
less than five days unless euthanasia prior to that time is deemed necessary or appropriate
by the veterinarian advising the animal shelter personnel.
(b) A pet animal without identification, including but not limited to a microchip or collar,
may be held for only three days if the animal shelter determines that the shelter has no
additional resources for such pet animal or determines that such pet animal is dangerous.
(c) For purposes of this section, the term "days" shall mean days during which the animal
shelter is open to the public.
Sec. 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 vicious may not be reclaimed unless and until
a judgment of dismissal is entered by the municipal court on the vicious 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 vicious, wild or exotic anunals, 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 hearing with the town manager or such person's designee
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within five days of the date of the notice. If a hearing is requested, the town
manager or such person's designee shall schedule it to occur within five business
days and shall give notice of same to the person requesting the hearing. If, at the
conclusion of the hearing, the town manager determines that the animal was being
kept in violation of any provision of this chapter, except for a vicious, wild or
exotic animal, the town manager 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 town manager determines that, due to changed circumstances,
the animal's health and the public health, safety and welfare will not be
endangered thereby, the town manager may order the animal returned to its 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 town manager
determines that the animal was wrongfully impounded, the town manager shall
order the animal returned without payment of such fees or expenses. If no hearing
is requested, the town manager may order the animal disposed of in the manner
provided in section 6.08.060.
(3) Wild or exotic animals kept in violation 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.
Sec. 6.08.050. Impound fees.
(a) An owner or keeper reclaiming an impounded animal shall pay all impound and daily
boarding fees, established by the animal shelter, plus all actual and necessary veterinary
costs incurred on behalf of the animal. No owner or keeper may reclaim an impounded
animal until he or she has paid all impoundment and boarding fees and veterinary costs.
(b) It is unlawfill for an owner of any impounded animal to fail to pay all fees and charges
incurred as a result of the impoundment. Failure to reclaim an animal prior to a
determination that the animal has become the property of the town or its designated
animal shelter shall not relieve the owner of the impounded animal of the responsibility
to pay all impound fees and costs incurred prior to said determination. Payment of said
fees and costs shall be due within 15 days of receipt of a written notice for fees and costs
due. Notice shall be delivered in the same manner as a notice of impound as set forth in
this chapter.
(c) An owner reclaiming an impounded dog or cat must present satisfactory proof of
vaccination for rabies to the animal shelter prior to reclaiming the dog or cat. If proof of
vaccination cannot be provided, the animal shelter shall release the impounded dog or cat
to the owner or keeper with the requirement that satisfactory proof of vaccination and
license shall be fiiriished by the owner or keeper within 48 hours after release.
Sec. 6.08.060. Adoption or disposal of unclaimed animals.
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Any animal not reclaimed by its owner within the period of time set forth in section 6.MWU of
this chapter shall become the property of the town or the animal shelter and may be placed for
adoption in a suitable home or humanely euthanized.
CHAPTER 6.09 - INSPECTION/ENFORCENIENT
Sec. 6.09.010. Inspections.
(a) Whenever it is necessary to make an inspection to enforce any of the provisions of this
title or other applicable law, or to perform any duty imposed herein or other applicable
laws, or whenever a community services or police officer has reasonable cause to believe
that there exists in any building, structure, enclosure, or premises any violation of this
title, such officer is hereby authorized to enter such location to inspect the same and
perform any duty imposed upon such officer by this title or other applicable law;
providing that.
(1) If such building, struehue, enclosure, or premises is occupied, a colmunity
services or police officer shall first present proper credentials to the occupant and
request entry explaining reasons therefor;
(2) If entry is refiised, the community services or police officer shall give the owner
or occupant a 24-hour written notice of intention to inspect. If said owner or
occupant cannot be located after reasonable effort, the 24-hour written notice of
intention to inspect shall be posted in a conspicuous place upon the property. Said
notice given to the owner or occupant or posted on the premises shall state that
the property owner has the right to refuse entry and that in the event such entry is
refused, inspection may be made upon issuance of a search warrant by a municipal
judge of the town or by a judge of any other court having jurisdiction;
(3) After expiration of said 24-hour period from the giving of such notice, the officer
may appear before the municipal court %J the town or any other court having
jurisdiction and upon a showing of a probable cause shall obtain a search warrant
entitling such officer to enter said location. Upon presentation of said search
warrant and proper credentials, or possession of same in the case of an unoccupied
location, the officer may enter into said location using such reasonable force as
may be necessary to gain entry therein.
(b) I�rotwithstanding the foregoing, if a community services or police officer has reasonable
cause to believe that the keeping, possessing or luarntarnmg of any animal is so
hazardous, unsafe or dangerous as to require immediate inspection to safeguard the
animal or the public health or safety, the officer shall have the right inuuediately to enter
and inspect such property and may use any reasonable means required to effect such entry
and make such inspection, whether such property is occupied or unoccupied and whether
or not permission to inspect has been obtained. If the property is occupied, the officer
shall first present proper credentials to the owner or occupant and demand entry
explaining his/her reasons therefor and the purpose of the inspection.
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(c) It shall be unlawfiil for any person to fail or refuse, after proper demand has been made
as provided in subsection (b) above, to permit a community services or police officer to
make any inspection provided for therein.
Sec. 6.09.020. Interference with communitVservices officers prohibited.
No person shall knowingly interfere with, impede or obstntct any conununity services officer
who is attempting to discharge or is in the course of discharging an official duty, nor shall any
person fail to obey the lawful order of a community services officer.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby
declare it would have passed this ordinance and each part or parts hereof irrespective of the fact
that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance «pith Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. 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 IN
FULL this �th day of UM, 2022.
ATTEST: '• ,, �N
sila Koenig, "Town Clerk
TO F FI ONE, COLORADO
Drew Peterson, Mayor
APPROVED AS TO
William P. Hayashi, T
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