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: