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HomeMy WebLinkAbout1971- 4 Relating to the Control and Regulations of Dogs, Providing for the Vaccination oand Licensing of Dogs, Disposition of Dogs and Matters Relating thereto, Providing Penalties for Violations, Repeal Ordinance 13, Series 1967 and 10, Series 1970•• • ORDINANCE N0. 4- (Series of 1971) AN ORDINANCE RELATING TO THE CONTROL AND REGULATION OF DOGS: PROVIDING FOR THE VACCINATION AND LICENSING OF DOGS; DISPOSITION OF DOG5 AND MATTERS RELATING THERETO; PROVIDING PENALTIES FOR VIOLATIONS; REPEAL OF ORDINANCE NUMBER 13 (Series of 1967) AND REPEAL OF ORDINANCE NUMBER 10 (Series of 1970); AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO. WHEREAS, 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 WHEREAS, the Board of Trustees find that Ordinance Number 13 (Series of 196?) and Ordinance Number 10(Series of 1970) of the Town of Vail does not adequately provide for the control and regulation of dogs within said town and that additional and different provisions are neces- sary for the welfare, health and safety of the public; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL: Section 1. Definitions For the purpose of this Ordinance, certain words and terms are herewith defined as follows: DOG OWNERS: Every person in possession of or harboring of any dog or who shall suffer any such dog to remain about his premises for the period of ten days. of sex. DOG: Any animal of canine species regardless 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 certifi- cate 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: Tlie period from May 1 of any calendar year to April 30 of the following calendar year. RABIES: A communicable disease of both wild and domestic animals transmittable to humans, as defined by the "Public Health Department." "Specific 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 filterable 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 supervision over said dog. Section 3. Annual Vaccination and Licensing of Dogs Required. It shall be the duty of every person who owns or harbors any dog or dogs i.n the Town of Vail, to have such dog or dogs inoculated by a regularly licensed veterinarian .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 Town Clerk of the Town of Vail, Colorado, a license for each dog. Such vacc.~n4tion and licensing shall be performed during the months of May and June of each calendar year, provided, however, that persons who acquire or harbor any dog or dogs between July 1 and April 30, shall immediately following such acquisition or upon such harboring, have such dog or doggy inoculated and licensed for the remaining portion of the license year. Section 4. Persons Authorized to Inoculate and Issue Licenses. -_--- That inoculation of dogs under "this Ordi.nanee 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 clog, so inoculated, shall pay the veter- inarian inoculating same his fee therefor and shall pay a license fee to the Town of Vail 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 show- ing that said dog is spayed. Section 5. Duty of_Persons Performing Vaccination and T_ric,ens~_ng. Every veterinarian performing vaccination shall furnish the o~Tar~r of any dog vaccinated a certificate of such vaccination, w>'~~_~~h shall be presented to the Town Clerk who, upon payment of th~~ Tarn license fee, shall issue the ~Licensa grovi~°^u t.~?:~ '_~~ ,ection 6, retai.ri'.ng a record thereof in h~i_s ai.iir:~:. i~Tc) ~_.~:_ens.~ sh:-, ;_~. ha ,; r^~,ac.i for any dog W1tA~r)ll'~ i"11C p7'a'1'^~-= r)il Ui' ~'~:'.r"~ _ :'~ i Ct<"1'*~ U:C V~CC1nc"2tlOn and Sac .ion 6 . .irlforr~a-l-_.on oil T~%censes and Tags . T%~e '~'c,vm Clr_~rl.: ~h.~-11.1 is~l~.r~ ri license to the owner ar harhore~~ c,r e=tc~h c'.^~, "! ic:e-lsedrere..r.~1er containir_g the following i n~`nrm:~.~' ~ c:Yi. ( ~ ) Thc~ T.~?..Y:~' ~-~d adcl:~ess of the oc~~ner, or h=~r~t;~x~c~7.~; ~~f ~t,l in~'1r:ll.i_:x'Led ~''.°~~i 1~.cF;Z,^d dog. (b) ~'hc: d~ Le of ..n:;cul~-~i.rn ar~~.l __ _ _ <~ r __ic~,l.~e. } (c The yE',c'i}^ cln~1 Sc-'Y'i.^S i'.ll:"i1I~(?~-' ~~.i. '"}t~'. !!':f~ -~~:?o° (~:) T."12 Breed, age, color and sex ~f ~~"?"ie i_nocul~.~-c~~r.: dog. T-~gc~ shall -also be n~, the Town C:Lerk with ~!:he J. 1.t~r.-)~c~ durt~bl~: mat~x~ uai sua '-~b~.<.~ to i,e harms.; cf .~ 1.,~ i.nocl~.l~ted dog. year for w;lich it is issuccl and license and -1-~3g, ~pa~~cd a~:,cl ~~istributed by ':''.~1;. -r j.r, E,?1.1 ._i. be ;.; ~~.~ of a.tl~al i~«~~' -~:o t:ha colla~_^ or Such t~l¢ siZ.~:Ll state the the series number of tre ••. • • • ~ • Section 7. Tag to be Attached to Dog and License Retained 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 of the inoculated and licensed dog for inspection by any member of the Police Department, at any time. Section 8. Registrat:.on. Period of validity for license and tag. Such inoculation and licensing shall be valid for each license year in which same is had and for May and June of the follow- ing year. For the period of May 1 to June 30 of each year after 1967, the inoculation and licensing from the previous license year and that for the current license year shall both be valid. 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 owner in accordance with the directions of a member of the Police Department, or impounded at the discretion of the Police Departrr-ent, 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 animal was suffering from rabies at the date of death. If the owner of such dog or dogs referred to in thiG sprtion cannot be determined or located, then a member of the Police Depart„«Irt shall otherwise confine said dog or dogs for a period of not less than ten days. If the owner of said dog is not determined, located or the dog claimed from confinement within said ten days, then the Town Marshall may order such dog destroyed. Provided, however, that all cost incurred for the confinement shall be borne by the Town of Vail. Tf said dog is determined to be suffering from rabies it shall be destroyed forthwith. It shall be unlawful for any person knowing or sus- pecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the Town without the written permission of the Police Departiiient or the pound- master. Every owner or other person, upon asceY~taining a dog is rabid shall immediately notify the poundmaster or a policeman who shall either remove the dog to the pound or summarily destroy it. Section 10. Imported Dogs. All dogs which are brought into the Town of Vail, shall be in compliance with 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 tag 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 thirty days, said dog shall be licensed in accor- dance with the provisions of this ordinance. A certificate of vaccination issued by a licensed veterinarian to the owner or harborer of a dog within the current license year by any muncipality, county, or state, shall be exchanged for a current inoculation and license tag of the Town of Vail and a transfer fee of $1.00 imposed thereon for male or spayed female and $3.00 for an unspayed female. Section 11. Unlawful Possession of License. Only those persons vaccinated and licensed in of this ordinance shall be and tags provided for here evidencing vaccination and harness of any dog, except the time of licensing. who own or harbor a dog duly accordance with the provisions permitted to possess the licenses in. No person may affix a tag licensing, to the collar or the tag issued for that dog at Section 12. Impounding. A. It shall be the duty of every police officer or Poundmaster to apprehend any dog found running at large contrary to the provisions of Section 2 or not duly vacci- nated 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 and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. B. Not later than 2 days after the impounding of any dog the owner shall be notified, or if 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 place and time of taking. The owner of the dog so impounded 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 dog. The following charges shall be paid to the Town Clerk for 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 offical) to keep all dogs so impounded for a period of six days. If, at the expiration of four days from the date of notice to the owner or the posting of notice such dog shall not have been redeemed, it may be destroyed. Any unlicensed dog required by law to be licensed or any dog which appears to be suffering from rabies or affected with rabies, mange or other infectious or dangerous diseases shall not be released but nay be forthwith destroyed. Section 14. Destruction of Rabid Animals. 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. Where, in the discretion of the Poundmaster or ~•. • • • • • a Police Officer, said dog is endangering the life or person of another, said dog may be immediately destroyed. C. Released upon proof of immunization and "'booster" injections, given by a qualified veterinarian, at the expense of the owner. Section 15. Muzzling and Confinement. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the Mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his pre- mises 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 Poundmaster 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•Sectiori 12. If unclaimed after that period, such dog may be summarily destroyed. Section 16. Vaccination and Licensing. It shall be unlawful for the owne~^ of any dog to keep, maintain, or allow 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 dog is kept, maintained or allowed to run at large, and duly licensed as herein provided. Section 17. Disturbance. It shall be unlawful for any owner to allow a dog to bark or howl so as to disturb or tend to disturb the peace and quiet of others. Section 18. Vicious Dogs Confined. It shall be 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 Department to take up and impound an_y 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 thet 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 permanently removed from the town by the owner thereof or otherwise destroyed in accordance with the provisions of this ordinance. Section 19. Dogs - Under Six 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 by the Town Police of the Town of Vail or by a Poundmaster appointed by the Mayor. Section 21. Penalties. Any owner found violating any provision of this Ordinance shall be guilty of a misdeme~~nor and upon conviction thereof shall be punished for such offense by imprisonmen-!• • • • • • for not more than ninety days $30.00, or by both such fine following minimum fines shall provisions of this ordinance: Second offense -- $7.50; Thin $10.00. or by a fine of not more than and imprisonment. The apply to violations of any First offense -- $5.00; 3 and subsequent offense -- Section 22. Separability of Provisions. It is the intention of the Board of Trustees that each separate provision of this Ordinance shall be deemed independent of all other provisions therein, and it is further the intention of the Board of Trustees thereof that if any provision of this Ordinance be declared invalid, all other provisions shall remain valid and enforceable. Section 23. Repeal of Prior Ordinance. Upon enactment of this ordinance, the Board of Trustees repeals Ordinance Number 13 (Series of (?967) and Ordinance Number 10 (Series of 1970). Section 24. Declaring an emergency. T The Board of Trustees find that this ordinance is necessary for the protection of the public health, welfare and safety; that this ordinance shall become Pffective upon its introduction and adoption and shall be published in accordance with the laws of the State of Colorado. INTRODUCED, READ AND ORDERED PUBLISHED THIS 8th DAY OF FEBRUARY, 19 `I1 ~'y , ~~~ ~ayor Attest: