Sec. 14-3. Definitions.
The following words, terms and phrases, when used in this chapter, will
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandon
means the leaving of an animal for more than 24 hours by its owner or
custodian without making effective provisions for its proper care. This
shall include, but is not limited to, depositing or dropping off an
animal on public property or on property other than that of the owner or
custodian without prior permission of the property owner.
Aggressive animal
means any animal that, without intentional provocation, engages in any
of the behaviors listed in section 14-52.
Animal
means any live vertebrate creature, domestic or wild.
Animal management officer
means any person designated by the city to enforce the provisions of
this chapter or any other ordinance or law of the state pertaining to
animals and shall include police officers.
Animal shelter
means Table Mountain Animal Center, which is hereby designated by the
city as the facility for the boarding and disposition of any animal
impounded under the provisions of this chapter or any other ordinance or
law of the state. The city may designate other facilities as necessary
for the boarding of impounded livestock, wildlife, or exotic species
that the shelter is unable to confine safely or humanely.
Attack
means any violent or hostile physical contact with a person or any
violent or hostile behavior that confines the movement of a person,
including, but not limited to, chasing, cornering, or encircling a
person.
Bodily injury
means physical pain, illness, or any impairment of physical or mental
condition.
Cat
means any member of the species felis catus, regardless of sex.
Common areas of condominiums, townhouses, duplexes, and apartment
buildings/complexes
includes, but is not limited to, the yards, grounds, play areas, club
houses, swimming pools, sidewalks, walkways, common garage areas,
entryways, hallways, and driveways of said structures.
Conviction
means the result of prosecution for a violation of this chapter in which
a verdict of guilty, plea of guilty, or plea of no contest is entered by
the court.
Custodian
means any person who is in possession of or is keeping, harboring, or
caring for any animal.
Dangerous animal
means any animal that, without intentional provocation engages in any of
the behaviors listed in section 14-51.
Dog
means any member of the species Canis familiaris, regardless of sex.
Guard dog
means any dog placed within an enclosure for the protection of persons
or property by attacking or threatening to attack any person found
within the enclosure patrolled by such dog.
Harbor
means the act of keeping or caring for an animal, or providing premises
to which the animal returns for food, shelter, or care.
Humane traps
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.
Kennel
means any establishment or other place where one or more animals, either
temporarily or permanently, are bred, born, raised, boarded, trained,
kept, or fed for money or any other consideration, or for sale.
Livestock
means animals commonly regarded as farm animals, including, but not
limited to, cattle, horses, goats, llamas, ostriches, and sheep, but
excluding pet animals such as rabbits, poultry, and domestic fowl.
Neglect
means failure to provide food, potable water available at all times,
protection from the elements, adequate veterinary care, grooming,
socialization or other care generally considered to be normal, usual,
and accepted for an animal's health and well-being consistent with the
species, breed, and type of animal, or otherwise treat such animal in
any manner as to endanger its health or cause it to suffer.
Nuisance animal
means any animal that, without intentional provocation, engages in any
of the behaviors listed in section 14-53.
Owner
means any person over 18 years of age who has right of property in an
animal or who harbors such animal or allows such animal to remain about
his premises. The parent, guardian, or legal custodian of any child
under the age of 18 years who owns, keeps, harbors, has custody of, or
cares for an animal shall be deemed to be the owner of such animal.
Pet animal
or
domesticated animal
means dogs, cats, rodents, birds, reptiles, fish, pot-bellied pigs
weighing less than 70 pounds, and any other species of animal which is
sold or retained as a household pet, but does not include skunks,
nonhuman primates, and other species of wild, exotic, or carnivorous
animals that may be further restricted in this chapter.
Possess,
or any derivation thereof, means exercising physical control over any
animal.
Rabbits, poultry, and domestic fowl
includes rabbits, pigeons, peacocks, chickens, chicks, capons, ducks,
geese, turkeys, doves, squabs, and all similar domestic fowl other than
pet animals.
Running at large
means off the premises of the owner or custodian and not under the
effective control of the owner or custodian, by means of a leash, cord,
or chain not more than ten feet in length; except that for the purposes
of this definition, the "premises of the owner or custodian" shall not
include the common areas of condominiums, townhouses, duplexes, and
apartment buildings/complexes; and any animal not under the effective
control of its owner or custodian upon the common area of a condominium,
townhouse, duplex,or apartment building/complex, or the grounds thereof,
shall be deemed to be running at large.
Serious physical harm
has the same meaning as set forth in C.R.S. § 18-9-202(1.6)(a).
Tether
means to tie up or chain to a fixed or heavy inanimate object so as to
restrict the free movement of an animal to a distance no greater than
the length of its leash or chain.
Vaccination
or
vaccination for rabies
means the inoculation of a dog or cat with a vaccine licensed by the
United States Department of Agriculture for use in the prevention of
rabies.
Wild animal
means all species of animals which exist in their natural, unconfined
state and are usually not domesticated.
(Code 1981, § 6-3; Ord. No. 3496, § 2, 12-14-1998; Ord. No. 4028, § 2,
10-16-2006)
Cross references:
Definitions, § 1-2.
Sec. 14-4. Powers and duties of animal management officers.
(a) Animal management officers shall have the power and duty to
enforce all sections of this chapter or any other ordinance or law of
the state pertaining to animals.
(b) Animal management officers are hereby designated as peace officers
and shall be authorized to issue, sign, and serve summonses and
complaints in order to enforce the provisions of this chapter, or any
other provision of this Code or law of the state pertaining to animals,
and to make all determinations within their discretion required by the
provisions of this chapter or other applicable law.
(c) The animal management supervisor, or his designee, shall keep
accurate and detailed records of the impoundment and disposition of all
animals coming into his custody and of all reports of any animal bites
reported to animal management.
(d) It shall be lawful for an animal management officer to go upon
private property to capture any animal to be impounded for, or to
investigate any report of, a violation of this chapter if:
(1) The officer has obtained consent of the person in possession of
the property; or
(2) The officer has obtained a search warrant pursuant to Rule 241 of
the Colorado Municipal Court Rules; or
(3) The officer is in pursuit of an animal which is or has been
running at large; or
(4) The officer is in pursuit of an animal which the officer has
probable cause to believe has bitten a person; or
(5) The officer is attempting to abate a continuing violation when the
owner of the property is not available; or
(6) Nothing in subsections (3), (4), or (5) of this section shall be
deemed to authorize entry into any enclosed building on private
property.
(e) Notwithstanding subsection (d)(2) of this section, if the animal
management officer has reasonable cause to believe that the keeping or
maintaining 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 animal management officer shall have the right
immediately to enter and inspect the property or vehicle in or upon
which the animal is kept, and may use any reasonable means required to
effect such entry and make suchinspection, whether the property or
vehicle is occupied or unoccupied and whether permission to inspect has
been obtained or not. If the property or vehicle is occupied, the animal
management officer shall first present proper credentials to the owner
or occupant of the property or vehicle and demand entry, explaining his
reasons therefor and the purpose of the inspection. Such entry shall be
solely for the purpose of abating the violation and no evidence obtained
during or as a result of such entry shallbe admissible for purposes of
prosecution.
(f) The holder or recipient of any kennel license issued pursuant to
this chapter does, by virtue of receipt or possession of said license,
thereby consent and agree to entry upon the premises described in the
license by the animal management officer for the purpose of conducting
such inspections as are required by this chapter or other applicable
law.
(Code 1981, § 6-4; Ord. No. 3496, § 2, 12-14-1998)
