HomeMy WebLinkAbout1970-10 Relating to the Control and Regulation of Dogs, Providing for the Vaccination and Licensing of Dogs; Disposition of Dogs and Matters Relating thereto, Providing Penalties for Violations, Repeal of Ordinance 3, Series 1967- ~
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ORDINANCE N0. /~O
(Series of 1970)
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AN ORDINANCE RELATING TO THE CONTROL AND ?tEGULATION OF
DOGS: PROVIDII~3G FOR THE VACCIP3ATION AND LICENSING OF DOGS;
DISPOSITION OF DOGS AND MATTERS RELATING THERETO; PROVIDING
PENALTIES FOR VIOLATI(1rdS; REPEAL OF ORDINANCE NtJTTBER 13
(Series of 1967); AND SETTIr1(' FORTH MATTERS AND DETAILS IN
P.ELATION TF?ERFTO.
GIIIEREAS, the Board of Trustees for the Town of Vail
finds that dogs running at large within said town constitute
a menace to the public health, safety and welfare, and that
it is in the public interest to provide for the control and
regulation of dogs within the town; and
~^1IIEREAS, the Board of Trustees find that Ordinance
Number 13 (Series of 1967) of the Town of Vail does not
adequately provide for the control and regulation of dogs
within said town and that additional and different pro-
visions a~ necessary for the welfare, health and safety of
the public;
NOIA1, TIiEREFORE, BE IT ORDAINED ~iY THE BOARD OF
TRUSTEES OF THE TOt+1N OF VAIL
Section 1. Definitions
For the purpose of this Ordinance, certain
words and terms are herewith defined as follows:
DO(: OT~ITIERS : Every person in possession of
or harborinr? of any dog or who shall, suffer any such dog to
remain about his premises for the period of ten davs,
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DOG: Any animal of canine species regardless
of sex.
DOG, MALE: Any dog of masculine gender,
either castrated or not castrated.
DOG, SPAYED FEMALE: Any female dog on which an
ovarectomy or ovarohisterectomy has been performed by a
licensed veterinarian and accompanied by a certificate
asserting said operation has been performed.
DOG, FEMALE: Any dog of the female gender on
which no alternative surgery of the genital organs has been
performed.
LICENSE YEAR: The period from May 1 of any
calendar year to April 30 of the follocaing calendar year.
RABIES: A communicable disease of both wild and
domestic animals transmittable to humans, as defined by the
"Public Health Department." "Spcific infectious disease of
certain animals, especially dogs and wolves, contracted by
man by direct inoculation as by bite of infected animal and
due to a filtrable virus." --as defined in Dorland's Medical
Dictionary.
VACCINATIONS or VACCINATION FOR RABIES: Shall
mean inoculation of a dog with standard rabies vaccine.
Section No. 2. Dogs Not to Run at Large.
It shall be unlawful for the owner or keeper of
any dog to permit or allow the dog to run at large or to be
off the premises of said owner or keeper-unless the dog is
accompanied by a person who maintains direct control and
s>>pervision over said dog.
Section 3. Annual Vaccination and Licensing of
Hogs Required.
It shall be the duty of every person who owns or
~, Yiarbors any dog or dogs in the Town of Vail, to have such
dog or dogs inoculated by a regularly licensed veterinarian.
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of the State of Colorado and to obtain a certificate from
said veterinarian, setting out the fact of such vaccination
and also to obtain from the Tocan Clerk of the Town of Vail,
Colorado, a license for each dog. Such vaccination and
licensing shall be performed during the months of May and
June of each calendar year, provided, however, that persons
who acquire or harbor anv dog or dogs between July 1 and
April 30, shall immediately following such acquisition or
upon such harboring, have such dog or dogs inoculated and
licensed for the remaining portion of the license year.
Section 4. Persons Authorized to Inoculate and
Issue Licenses.
That inoculation of Bags under this Ordinance may
be performed by any licensed veterinarian of. the State of
Colorado and that licenses for dogs shall be issued by the
Town Clerk of the Town of Vail., Colorado. That the owner or
harborer of every dog, so inoculated, shall pay the veter-
inarian inoculating same his fee therefor and shal]. pay a
license fee to the Town of ~~ail of $2.00 per male or spayed
female and $5.00 per unspayed female. Owners applying for .a
license for a spayed female shall furnish a certificate
showing; that said dog is spayed.
Section 5. Duty of Persons_Performin~ Vaccination
and Licensn.~.
Every veterinarian performing vaccination shall
.furnish the oc~rner of any dop; vaccinated a certificate of
such vaccination, cahich shall be presented to the Tocan Clerk
who, upon payment of the Town license fee, shall issue the
license provided far in Section 6, retaining a record thereof
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in his office. No license shall be issued for any dog without
the production of certificate of. vaccination and payment of
license fee.
Section 6. Information on Licenses and Tags.
The Town Clerk shall issue a license to the owner
or harborer of each dog license hereunder containing the
following information: (a) The name and address of the owner,
or harborer, of an inoculated and licensed dog. (b) The
date of inoculation and date of license. (c) The year and
series number of the dog tag. (d) The Breed, age, color and
sex of the inoculated dog.
Tags shall also be prepared and distributed by the
Town Clerk with the license. The tags shall be made of
durable material suitable to be attached to the collar or
harness of the inoculated dag. Such tag shall state the
year for which it is issued and the series number of the
license and tag.
Section 7. Tag__ to be Attached to Dog and__L_ i_cense
F.etained by Owner.
Every owner or harborer of a dog shall attach the
tag evidencing the licensing and inoculation with anti-rabies
vaccine to the collar or harness of the inoculated and
licensed dog and such collar or harness shall be worn by
said dog at all times. The license shall be retained by
the owner or harborer o:E the inoculated and licensed dog for
inspection by any member of the Police Department, at any
time.
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Section 8. Registration.
Period of validity for license and tag. Such
inocu~stion and licsensing shall be valid
year in which same is had and for May and
ing year.
For the period of Mav 1 to June
after 1967, the inocuJ_ation and licensing
license year and. that for the current lic
be valid.
for each license
June of the follow-
30 of each year
from the previous
Anse year shall both
Section 9. Quarantine of Dogs.
A dog which is known to have bitten or injured any
person so as to cause an abrasion of the skin or a dog which
in the opinion of a member of the Police Department, or of
any licensed veterinarian of the State of Colorado, appears
to be inflicted with rabies, shall be closely confined by
its ocaner in accordance with the directions of a member of
the Police Department, or impounded at the discretion o.f the
Police Department, for a period of not less than ten days.
If said dog shall die while confined or impounded as herein
provided, proper medical tests shall be conducted at the
expense of the owner upon said dog to determine whether the
anima7_ was s~tf.fering from rabies at the date of death.
If the owner of. such dog or dogs r_e.ferred to in
this section cannot be determined or located, then a member
of the Police Depar~lment shall otherwise confine said dog or
dogs for a period of not less than ten days. If the owner
of said dog is not deteriui_ne~l, l~~cctlc.ci or the dog claimed
from confinement within said ten days, then the Town Marshal]
may order s~ich dog c~ccLruyed. Pi~uvi.ded, howev~i•, -that all
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cost incurred for the confinement shall be borne by the
Town of Vail. If said dog is determined to be suffering from
rabies it shall be destroyed forthwith.
It shall be unlataful for any person knowing or sus-
pectiny, a dog has rabies to allow such dog to be taken of.f
his premises or beyond the limits of the Town without the
written permission of the Police Department or the pound-
master. Every owner or other person, upon ascertaining a dog
is rabid shall immediately notify the pour_dmaster or a police-
man who shall either remove the dog to the pound or summarily
destroy it.
Section _10 .___ Imported Dogs .
!~11 dogs which are broutiht into the Town of Vail,
shall be in compliance ~~~i.th the laws and rules and regulations
of the State of Colorado regarding the handling of the animals,
and shall have been vaccinated not more than twelve months
prior to importation. A ta.g denoting vaccination shall be
firmly affixed to the collar or harness of the dog, and shall
be evidence of compliance with this Section.
If said imported dog remains in the Town of Vail
more than th.i7.~ty days, said dog sha17_ be licensed in accor-
daiic:e ~•aith the pravis~_ono o~ this urdi Hance . !~ certificate
of vaccination issued by a licensed veterinarian to the oumer
or harborer of a dog within the current license near by anv
municipality, county or state, sht~ll be exchanged for a ~:urrent
license year by any municipality, county or state, shall be
exchanged for a curr~iit inoc:ul ation .~nc~ 1. icense tag of the
`Town of. Vail and a transCe,.~ f~:e of $1.00 im~~csed tr~r~nn for
mal ~ ~>r ~~zy~rl f~~mal and $3 .0(J fir an unspavPd femaJ ~ .
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Section 11. Unlawful Possession of Licenses.
Only those persons who own or harbor a dog duly
vaccinated and licensed in accordance with the provisions of
this ordinance shall be permitted to possess the licenses and
tags provided for herein. No person may affix a tag eviden-
cing vaccination and licensing, to the collar or harness of
any dog, except the tag issued for that dog at the time of
licensing.
Section 12. Impounding.
A. It shall be the duty of every police officer
or Poundmaster to apprehE:nd any dog found running at large
contrary to the provisions of Section 2 or not duly vaccinated
and licensed as herein provided to impound such dog in the
Vail pound or other suitable place. The Poundmaster (or
some other designated official) upon receiving any dog shall
make a complete registry entering the breed, color and sex of
such dog a.nd whether licensed. If. licensed, he shall enter
the name and address of the owner and the number of the
license tai,.
B. Not later than 2 days after the impounding of
any dog the ot~rner shall be notified, or. i_f the owner of the
dog is unknown, written notice shall be posted for 3 days at
one or more conspicuous places in the Town of Vail describing
the dog and the plac,~ and time. of taking. The owner. of the
dog so iTnpounded may reclaim. such dog upon payment of the
license fee, if unpaid, and of all costs and charges incurred
by the Town of Vail for impounding and maintenance of said doh.
The following charges shall he paid to the Town Clerk for
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impounding any dog $5.00; for keeping any dog $3.00 per day;
for giving notice $1.00.
Section 13. Disposition of Unclaimed or Infected
Dogs.
It shall be the duty of the Poundmaster (or the
designated official) to keep all dogs so impounded for a
period of six days. If, at the expiration of four days from
the date of not3_ce to the owner or the posting of notice
such dog shall not have been redeemed, it may be destroyed.
Any unlicensed dop required by low to be licensed, or any
dog cahich appears to be suffering from rabies or affected
with rabies, mange or other infectious or dangerous disease
shall not be released but may be forthwith destroyed.
Section 14. Destruction of P.abid !'~.nimals.
Dogs known to have been bitten or exposed to a
rabid animal shall be:
A. Placed in suitable quarantine .for a period of
not less than 10 days at the expense of the owner.
B. ?'here, in the discretion of the Poundmaster or
a Police Officer, said doef i~ endangering the life or person
of another, said dog may be immediately destroyed.
C. ?released upon proof of immunization and "booster"
injections, given b_y a qualified veterinarian, at the expense
of the oumer .
Section 15 . r?uzzling~ an d_ Confinement .
rah~~„,,..,~~-• it becomes necessary to safe~uard the
n..~.~lc fr. om the danp~ez~s o.f_ rabies , the *~`ayor, if he deems it
necessary, shall issue a pz~uc:lauta-tion ur•dering every person
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ocming or keeping a dog to confine it securely on his premises
unless such dog shall have a muzzle of sufficient strength
to prevent its biting any person. Any unmuzzled dog running
at large during the time of. the proclamation shall be seized
and impounded, and if noticeably infected with rabies and
displaying vicious propensities shall be killed by the Pound-
master without notice to the owner. Dogs impounded during
the first two days of such proclamation shall, if claimed
within five days, be released to the owner, unless infected
with rabies, upon payment of the charges provided for in
Section 12. If unclaimed. after that period, such dog may be
summarily destroyed.
Section 16. Vaccination and Licensing.
It shall be unlawful for the owner of anv dog to
1<_eep, maintain, or alloc~~ such dog to run at large unless it
shall have been vaccinated by a licensed veterinary surgeon
with anti-rabies vaccine, within one year preceding the date
on which such dag is kept; maintained or allowed to run at
lar~rc, and duly licensed as herein provided.
Section 17. Disturbance.
It shall be unlac~aful for any owner to allow a dog
to bark or howl so as to disturb or tend. to disturb the
peace arc] quiet of others .
Section 18. Vicious Dogs Con.f.ined.
It shall btu unlawful for any owner, possessor or
person who keeps a vicious dog to permit the same to be or
run at large. It shall be the duty of the Police nepax~tment
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to take up and impound any such animal that is found running
at Large. A vicious dog is hereby defined as any dog that
bites or snaps at persons upon the streets or other public
places, or that runs after or snaps at horses or vehicles
upon the public streets or alleys. In the event any dog is
found to have bitten persons three times, said dog shall be
premanently removed from the town by the owner thereof or
otherwise destroyed in accordance with the provisions of this
ordinance.
Section 19._ Dog;s_- Under _S ix Months.
Notwithstanding any provisions of the Ordinance to
the contrary, a dog need not be vaccinated or licensed where
said dog is under the age of six months.
Section 20. Enforcement.
The provisions of this Ordinance shall be enforced
l:y the Town Police of the Tocan of Vail or by a Poundmaster
appointed by the Mayor.
Section 21. Penalties.
Any owner found violating any provision of this
Ordinance shall be quilty of a misdemeanor and upon conviction
thereof shall be punished for such offense by imprisonment
for not more than ninety days or by a fine of not more than
$300.00, ar by both such fine and imprisonment. The following
minimum fines shall apply to violations of any provisions of
this ordinance: First offense-- $5.00; Second offense-- $25.00;
Third offense-- $50.00; Fourth offense-- $_100.00.
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Section 22. Separability of Provisions.
It is the intention of the Board of Trustees that
each separate provision of this Ordinance invalid, all other
provisions shall remain valid and enforceable.
Section 23. Repeal of Prior Ordinance.
Upon enactment of this ordinance, the Roard of Trustees
repeals Ordinance Number I3 (Series of 1967).
Section 2w. Declaring an emergency.
The Board of Trustees find that this ord~.nance is
necessary for the protection of the public health, welfare and
safetyy that this ordinance shall become effective upon its
introduction and adoption and shall be published in accor-
dance with the laws of the State of Colorado.
i?~TTRODUCED, READ AND ORDERED PUBLISHED THIS 2?th DAY OF
JULY 19"70
Attest: