Chapter 6.05
DOGS, VICIOUS ANIMALS, INHUMANE TREATMENT OF ANIMALS
Sections:
6.05.030 Reporting bites from animals susceptible to rabies – Related procedures.
6.05.050 Animals running at large.
6.05.010 Definitions.
When used in this chapter, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
“Bodily injury” means any wrong, hurt, or damage done to a man or woman’s person such as a puncture, cut, bruise, broken limb or the like.
“Cat” means a domestic feline of either sex, including one neutered or sterilized.
“Dog” means a domestic canine of either sex, including one neutered or sterilized.
“Domestic animal” shall include all species of animals commonly and universally accepted as being domesticated.
“Harboring” means the act of keeping and caring for an animal or of providing a premises to which the animal returns for food, shelter or care for a period of five days.
“Livestock” means cattle, sheep, horses, rabbits, or poultry.
“Owner” means any person who has right of property in an animal or who harbors an animal or allows an animal to remain about his or her premises for a period of five days.
“Pet animal” shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or retained as a household pet but shall not include skunks, nonhuman primates and any other species of wild, exotic or carnivorous animal that may be further restricted by law.
“Rabies vaccination” shall mean the vaccination of a dog or other domestic animal with an anti-rabies vaccine approved by the Colorado Department of Health and administered by a veterinarian licensed by the state of Colorado.
“Running at large” shall pertain to an animal off the premises of the owner and not under the physical or audible control of the owner or his authorized representative. An animal intruding upon the property of another person other than the owner shall be prima facie running at large. An animal within an automobile or other vehicle of its owner shall not be deemed running at large.
“Stray animal” means any animal for which there is no identifiable owner or harborer.
“Vicious animal” means any animal that commits an unprovoked attack upon a person, domestic animal, pet animal, livestock, or wild animal on public or private property; or that attacks, threatens to attack or terrorizes a person, domestic animal, pet animal, livestock, or wild animal on public property, at a public place, or private property not the property of the owner of the vicious animal.
“Wild animal” shall include all species of animals which exist in a natural unconfined state and are usually not domesticated. [Code 1999 § 3-1-1].
6.05.020 Rabies control.
(a) Vaccinations. Every owner of a dog six months of age or older shall have such dog vaccinated against rabies. All dogs vaccinated at six months of age or older shall be revaccinated every three years thereafter. All dogs vaccinated before six months shall be revaccinated one year thereafter and every three years thereafter. Any person moving into the county from a location outside of the county shall comply with this chapter within 60 days after having moved into the county. If the dog has inflicted a bite on any person or another animal within the last 10 days, the owner of said dog shall report such fact to the veterinarian, and no rabies vaccine shall be administered until after the 10-day observation period.
(b) Certificate of Vaccination. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog, as evidence thereof, a vaccination certificate. The veterinarian shall retain a duplicate copy. Such certificate shall contain the following information:
(1) The name, address and telephone number of the owner of the vaccinated dog.
(2) The date of vaccination.
(3) The type of rabies vaccine used.
(4) The year and number of the rabies tag.
(5) The breed, age, color and sex of the vaccinated dog.
(c) Concurrent with the issuance and delivery of the certificate of vaccination referred to in subsection (b) of this section, the owner of the dog shall cause to be attached to the collar or harness of the vaccinated dog a metal tag bearing the year of issuance and the name of the veterinarian. Such tag shall be worn by the dog at all times.
(d) Duplicate Tag. In the event of loss or destruction of the original tag provided in subsection (c) of this section, the owner of the dog shall obtain a duplicate tag.
(e) Proof. It shall be unlawful for any person who owns or harbors a vaccinated dog to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with the enforcement of this chapter.
(f) Harboring Unvaccinated Animals. It shall be unlawful for any person to harbor any dog which has not been vaccinated against rabies, as provided herein, or which cannot be identified as having a current vaccination certificate. [Code 1999 § 3-1-2].
6.05.030 Reporting bites from animals susceptible to rabies – Related procedures.
(a) Duty to Report. Any person having knowledge that an animal has bitten a human shall immediately report the incident to the Grand County health officer, animal control officer, or to the Colorado Department of Health. Every physician or other medical practitioner who treats a person or persons for such bites, shall, within 12 hours, report such treatment to the Grand County health officer or animal control officer, or to the Colorado Department of Health, giving the name, age, sex and precise location of the bitten person or persons and such other information as the officer or agency may require.
(b) Exclusions. Humans bitten by rodents, rabbits, birds, or reptiles are excluded from the reporting requirements of this section.
(c) Suspected Rabies. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the Grand County health officer or animal control officer or to the Colorado Department of Health stating precisely where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal, such incident shall also be reported as required above.
(d) Confinement of Dogs and Cats. Any dog or cat which has bitten a person shall be observed for a period of 10 days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency. Confinement shall be by impoundment in the Grand County animal shelter or at any veterinary hospital of the owner’s choice. Stray dogs or cats whose owners cannot be located shall be confined in the Grand County animal shelter. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog or cat for impoundment, as prescribed in this section. Refusal to produce said dog or cat constitutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation.
(e) Removal of Dogs and Cats from Confinement. It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency.
(f) Procedures for Other Animal Bites. Procedures concerning bites from other animals shall be discussed with the Grand County health officer or animal control officer, or the Colorado Department of Health for proper disposition. Any wild animal which has bitten a person should be caught and killed and the brain immediately submitted to a qualified laboratory for rabies examination. Rodents, rabbits, birds and reptiles are not considered to be transmitters of the rabies virus and should not be submitted for laboratory examination for rabies. [Amended during 2011 recodification. Code 1999 § 3-1-3].
6.05.040 Licensing of dogs.
(a) License Required. Any owner of a dog six months of age or older shall procure a license. License fees shall be paid annually not later than January 1st to the county animal control department, county animal control officer, Grand County sheriff’s department, county clerk or town clerk in an amount determined by the county. All dog licenses issued hereunder shall expire January 1st of each year and the full amount shall be paid for any fraction of the licensing year. Upon collection of the license fee by the county animal control department, county animal control officer, Grand County sheriff’s department, county clerk or town clerk, a dated and numbered receipt shall be issued stating the name and address of the owner, rabies tag number, description of the dog and a county or town license tag stamped with a corresponding serial number, year, political subdivision and state.
(b) Rabies Vaccination Required. No dog shall be licensed without proof of rabies vaccination as provided in this chapter.
(c) License Displayed. The license tag shall be attached to a collar, harness or other device and shall be worn with the rabies tag by the licensed dog at all times. The original license receipt and rabies vaccination certificate shall be retained by the owner for inspection by any person charged with the enforcement of this chapter.
(d) Duplicate Tags. In the event of loss or destruction of the original license tag, the owner shall obtain a duplicate tag from the county or town at a cost of $0.50 for each tag.
(e) False and Stolen License Documents. It shall be unlawful for any person to make use of a stolen, counterfeit or forged license receipt, license tag, rabies vaccination certificate, rabies vaccination tag, or other form.
(f) Transferability. Dog licenses are not transferable and it shall be unlawful for any person to use any license or rabies tag for any dog other than the dog for which such tag was originally issued.
(g) Tattoo. If for some reason a dog cannot wear a collar or harness, the owner of said dog shall have the dog tattooed and that tattoo shall be registered with the Grand County animal control department or town clerk. [Amended during 2011 recodification. Code 1999 § 3-1-4].
6.05.050 Animals running at large.
(a) Restraining. It shall be unlawful for any person owning a dog or other animal to permit such animal to run at large. It shall be unlawful for any person in possession of someone else’s dog or other animal to permit said animal to run at large. A police dog in the performance of law enforcement duties shall be exempt from the provisions of this chapter.
(b) Nuisance. It shall be unlawful for any owner to harbor any dog or other animal which, by making any persistent or habitual noise, sound or cry, shall disturb the peace, comfort or property of the inhabitants of the neighborhood, and such disturbance is hereby declared to be a public nuisance.
(c) Confinement During Estrus. Any unspayed female dog in the state of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure and said area of enclosure shall be so constructed that no other dog may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital or animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the removal order of the animal control officer shall be a violation of this chapter and the dog will then be impounded as prescribed in this chapter.
(d) Injured Animals. Animals injured on public property may be impounded and given adequate veterinary medical treatment pending notification of the owner. If the injured animal is treated and/or impounded, the owner of such animal shall be liable for all expenses of treatment and/or impoundment.
(e) Unwanted Contact. It shall be unlawful and considered a failure to control an animal if the animal intrudes upon or makes unwanted contact with a person or another animal while off the confines of the animal owner’s property.
(f) Failing to Leash. It shall be unlawful to disregard any leash rules posted on signs throughout the town.
(g) Ballparks. It shall be unlawful for any person owning, in possession of, or in charge of any animal to allow such animal to enter onto the town-owned baseball or softball fields. [Ord. 908 § 1 (Exh. A), 2019. Code 1999 § 3-1-5].
6.05.060 Vicious animals.
(a) Vicious Animals. No person shall own or harbor a vicious animal within the town limits. Such an animal shall be impounded as a public nuisance. If impoundment of said animal running at large cannot be made with safety to the animal control officer, any peace officer, or other persons, the animal may be destroyed without notice to the owner or harborer.
(b) Guard Dogs. It shall be unlawful to place or maintain any dog which has been specifically trained to attack in any area for the protection of persons or property unless the dog is physically confined to a specific area, or is under complete and absolute control. The area or premises in which a guard dog is confined must be conspicuously posted with warning signs bearing letters not less than two inches high. [Amended during 2011 recodification. Code 1999 § 3-1-6].
6.05.070 Impounded animals.
(a) Impoundment. Animals owned or harbored in violation of this chapter or any other article or law of the state of Colorado shall be taken into custody by the animal control officer or other designated official and impounded. Stray animals shall be similarly impounded.
(b) Animal Shelter. A suitable animal shelter shall be provided for the purpose of boarding and caring for any animal impounded under the provisions of this chapter. Such shelter shall be constructed in accordance with recommendations from the Colorado Department of Health.
(c) Removal of Animals from Animal Shelters. It shall be unlawful for any person to remove any impounded animal from the animal shelter without the consent of the animal control officer or designated official or agency.
(d) Removal of Biting Dogs and Cats from Confinement. The impoundment of dogs and cats that have inflicted human bites shall be for a period of 10 days for observation and shall not be terminated until consent from the proper officer or agency is secured.
(e) Disposition of Impounded Licensed Dogs. As soon as practicable after impoundment, notice of impoundment shall be posted in a conspicuous place at the Grand County Courthouse and at the Town Hall; or, if the animal is impounded within the town limits of any town which has adopted the provisions of this chapter, notice shall be posted in a conspicuous place in the Town Hall of said town for three days. If the owner of the impounded dog is known, immediate notice shall be given to him. Any impounded dog which is licensed may be redeemed by the owner upon payment of the impoundment fee, care and feeding charges and such other costs as set by the animal control officer. If such animal is not redeemed within five days, and if said notice has been posted at least three days, it shall be considered abandoned and may be placed for adoption subject to payment of the impoundment fee, care and feeding charges, veterinary charges, and such other costs as set by the animal control officer; or the animal control officer may euthanize (kill) the animal under the supervision of a licensed veterinarian; or the animal control officer may release such dog to a bona fide humane society. The animal control officer may require the dog to be neutered or spayed prior to adoption.
(f) Disposition of Impounded Unlicensed Animals. As soon as practicable after impoundment, notice of impoundment shall be posted in a conspicuous place at the Grand County Courthouse and at the Town Hall; or, if the animal is impounded within the town limits of any town which has adopted the provisions of this section, notice shall be posted in a conspicuous place in the Town Hall of said town for three days. If the owner of the impounded animal is known, immediate notice shall be given to him. Any impounded animal may be redeemed upon payment of the license fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the animal control officer. If such animal is not redeemed within five days, and if said notice has been posted at least three days, it shall be deemed abandoned and may be placed for adoption subject to payment of the license fee, impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the animal control officer; or the animal control officer may euthanize said animal under the supervision of a licensed veterinarian; or the animal control officer may release such dog to a bona fide humane society. The animal control officer may require the dog to be neutered or spayed prior to adoption.
(g) Disposition of Impounded Animal Being Held on Complaint. If a complaint has been filed in the municipal court of the town against the owner of an impounded animal for a violation of GMC 6.05.060(a), the animal shall not be released except on the order of the court which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. The court may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or other animals in the community, order said animal to be euthanized in a humane manner. Surrender of an animal thereof to the animal control officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation or violations of this chapter. [Amended during 2011 recodification. Code 1999 § 3-1-7].
6.05.080 Kennels.
(a) Operation of Kennels – Requirements. A kennel, within the meaning of this section, is any establishment designed for the permanent or temporary boarding or keeping of animals. No person, group of persons or business entity shall own, keep or harbor more than three dogs of more than six months of age or more than one litter of pups or engage in the commercial business of breeding, buying, selling, trading, training, or boarding dogs or other pet animals without having obtained a valid kennel license from the county animal control department.
(b) Licenses – Issuance – Renewal. Kennel licenses shall expire on the thirty-first day of December of each year. No kennel license shall be issued until an inspection certificate shall have been issued by the animal control officer. The yearly license fees for kennels shall be determined by the animal control officer. The license issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license within the county of Grand, if required by state statute to be licensed by the Colorado Department of Health, must have a valid license issued by said department to qualify for licensure by the county of Grand. The possession of a state license, however, does not in itself ensure that a county license will be granted. Standards and regulations affecting kennels may be adopted by the county of Grand which are as restrictive or more restrictive than applicable state standards. Holders of county kennel licenses may purchase a multi-dog license, the cost of which shall be determined by the board of county commissioners.
(c) Revocation or Suspension of Licenses. Any kennel licensed under this section found to be in violation of any zoning law, health law, or any other applicable law of the county of Grand or the state of Colorado or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity may have its kennel license suspended or revoked.
(d) Section Does Not Apply. This section shall not apply to and will not be construed to require a kennel license for:
(1) A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care.
(2) A bona fide publicly or privately owned zoological park.
(3) A bona fide research institution using animals for scientific study.
(4) A publicly owned animal pound.
(5) A bona fide animal shelter operated by an organized humane society. [Code 1999 § 3-1-8].
6.05.090 Animals prohibited.
(a) Animals Prohibited. It is hereby prohibited and it shall be unlawful for any person to import, offer for sale, keep, maintain, harbor or permit in the county of Grand any monkey or other nonhuman primate, skunk, raccoon, jaguar, leopard, lynx, tiger, lion, ocelot, bobcat, cheetah, mountain lion, wildcat, panther, bear, wolf, coyote, fox, other carnivorous animal or poisonous reptile.
(b) Endangered Species. It is hereby prohibited and it shall be unlawful for any person to import, offer for sale, keep, maintain, harbor or permit in the county of Grand any endangered species of animal as defined by the United States Department of the Interior or the Colorado Department of Natural Resources.
(c) Section Does Not Apply. This section shall not apply to:
(1) A bona fide publicly or privately owned zoological park.
(2) A bona fide research institution using animals for scientific research.
(3) A circus or rodeo duly authorized to do business in the county of Grand.
(4) Animals raised for the commercial sale of their fur. [Code 1999 § 3-1-9].
6.05.100 Inhumane treatment.
(a) Cruelty to Animals. It is hereby prohibited and it shall be unlawful for any person to commit or cause to be committed any act of cruelty, harassment, or torture to any animal or to intentionally cause such animal to be mutilated or inhumanely killed. Ownership or the commission of such acts of cruelty on private property shall not be justifiable defense for violation of this section.
(b) Poisoning. It is hereby prohibited and it shall be unlawful for any person to poison any domestic animal or to distribute poison or toxicants on public or private property in any manner whatsoever with the intent of poisoning any domestic animal.
(c) Abandoning Animals. It is hereby prohibited and shall be unlawful for any person to willfully abandon any animal; or to withhold food or water from any animal such that its health is endangered, or it is caused to suffer unduly.
(d) Display or Sale of Dyed or Immature Animals. It is hereby prohibited and it shall be unlawful for any person to possess, display, sell, barter or give away dyed, colored or in any way artificially treated baby chicks, ducklings, fowl, rabbits or any animals as pets, playthings, novelties, gifts or for any other purpose. This section shall not be construed to prohibit their display by hatcheries, stores, owners, dealers or persons engaged in the business of selling such immature animals to be raised for food; but no such hatcheries, stores, owners, dealers or persons shall sell or give away baby chicks, ducklings, or any other immature domestic fowl as pets, playthings, novelties or gifts.
(e) Fighting Animals. It is hereby prohibited and it shall be unlawful for any person to cause, instigate or encourage any dog or other animal to fight with another of its own species or with another of a different species. It shall be unlawful for any person to train or keep any dog or other animal for the purpose of fighting. It shall be unlawful for any person to maintain a place where any dog or other animal is permitted to fight for exhibition or for wage or for sport. [Code 1999 § 3-1-10].
6.05.110 Enforcement.
The provisions of this chapter shall be enforced by the county sheriff and his deputies, the county animal control officer and any peace officer employed by the town. [Amended during 2011 recodification. Code 1999 § 3-1-11].
6.05.120 Dog control officers – Peace officer designation.
Personnel engaged in dog control, however titled or administratively assigned, may issue citations or summonses and complaints enforcing the county dog control resolution or municipal ordinance without regard to certification requirements of Part 3 of Article 33.5 of Title 24, C.R.S. Personnel so engaged shall be included within the definition of “peace officer engaged in the performance of his duties” in Section 18-3-201(2), C.R.S. Nothing in this section is intended to vest authority in any person so engaged to enforce any resolution, ordinance, or statute other than the county dog control resolution or municipal ordinance. [Code 1999 § 3-1-12].
6.05.130 Safety provisions.
(a) Interference with Animal Control Officer or His Authorized Representatives. It shall be unlawful for any person to interfere with, molest, hinder, or prevent the animal control officer or his authorized representatives in the discharge of their duties as herein prescribed, or to violate any of the provisions of this chapter.
(b) Responsibility for Accidents and Disease. The board of trustees of Granby, the animal control officer, or any other person authorized to enforce the provisions of this chapter shall not be held responsible for any accident or subsequent disease that may occur to the animal in connection with the administration of this chapter.
(c) Penalty for Violation.
(1) Bodily Injury Involved. Any person who violates any of the provisions of this chapter where the violation involves bodily injury to any person shall be punished by a fine of not more than the penalty set forth in GMC 1.05.090.
(2) No Bodily Injury Involved. The penalty assessment procedures provided in Section 16-2-201, C.R.S., may be followed by the animal control officer or any law enforcement officer for any violation of this chapter that does not involve bodily injury to a person. The penalty assessment shall be $25.00 for the first offense; $50.00 for a second offense by the same individual or involving the same animal; and $100.00 for the third or subsequent offenses by the same individual or involving the same animal.
(d) GMC 6.05.050(a) shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these pursuits.
(e) Severance Clause. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
(f) Safety Clause. The board of trustees hereby finds, determines and declares that this chapter is necessary for the immediate preservation of the public peace, health and safety of the residents of the town of Granby, state of Colorado.
(g) Repealer. All other ordinances and parts of ordinances in conflict herewith are hereby repealed. [Ord. 822 § 2, 2014; Ord. 808 § 1, 2014; amended during 2011 recodification; Ord. 704 § 1, 2008. Code 1999 § 3‑1‑13].