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HomeMy WebLinkAbout1967-13 Relating to and Regulation Dogs, Providing for Vaccination and Licensing Thereof, Providing Penalties Therefor, and Declaring an Emergency• • ~ ~ • ORDINANCE NO. l.3 Series of 1967 AN ORDINANCE RELATING TO AND REGULATING DOGS: PROVID- ING FOR VACCINE TION AND LICNESING THEREOF; PROVIDING PENH LTIES THEREFOR: AND DECLARING AN EMERGENCY. 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 OV~TNERS: 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. DOG: Any animal of canine species regardless of sex. DOG, MALE: Any dog of masculine gender, either castra- ted or not castxated. DOG, SPAYED FEMALE: Any female dog on which an ovarectomy or ovarohisterectomy has been performed by a licensed veterin- arian and accompanied by a certificate asserting said operation has been per- formed. DOG, FEMALE: A_ny 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 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 filtrable virus. " -- as defined in Dorland's Medical Dictionary. "VACCINATIONS" or "VACCINATION FOR RABIES" shall mean inoculation of a dog with standard rabies vaccine. • • ~ ~ • Page 2 -Ordinance No. 13 Section 2. Doas Not to Run at Lame. A . No dog shall be allowed to run at large in the Town of Vail unless said dog is under the reasonable control of the owner. B. For the purpose of this Ordinance, but not by way of limitation, a dog shall be deemed not under reasonable control when: 1. Said dog inflicts damage or injury (by biting, jump- ing upon, pollution of vegetation, or by any other means whatsoever) to the person or property of anyone other than the owner, except in the defense of the owner, his family or property. 2. In the case of any unspayed female dog during period of estrus (heat) not securely confined in the owner's .yard, pen or other enclosure. 3. If said dog is running at large between the hours of ten o'clock P. M. and seven o'clock A . M. , and said dog is not then and there accompanied by the owner. Section 3. ~ nnual Vaccination and Licensing of Doffs Required. It shall be the duty of every person who owns or harbors any dog or dogs in 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 cer- tificate 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 vaccination and licensing shall be performed during the months of May and June of each calendar year, provided, however, that • • • • • Page 3 -Ordinance No. I3 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 dogs 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 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 veterinarian inoculating same his fee therefor and sh~.ll 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 showing that said dog is spayed. Section 5. Duty of Persons Performing Vaccination and Licensing. Every veterinarian performing vaccination shall furnish the owner of any dog vaccinated a certificate of such vaccination, which shall be presented to the Town Clerk who, upon payment of the Town license fee, shall issue the license provided for in Section 6, retaining a record thereof 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 Tads. The Town Clerk shall issue a license to the owner or • • • • • Page 4 -Ordinance No. 13 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 dog. Such tag shall state the year for which it is issued and the series number of the license and tag. Section 7. Tai to be ~~ttached to Doi 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. Registration . 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 following 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 ~ • • i • Page 5 - Ordinance No. 13 for the current license year shall both be valid. Section 9. ~?uarantine 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 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 animal was suffer ring from rabies at the date of death. If the owner of such dog or dogs referred to in this section cannot be determined or located, then a member of the Police Depart- ment 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 t en days, then the Town Marshall may order such dog destroyed. Provided, however, that all cost incurred for the confinement of a dog under this Section shall be paid for by the owner or owners of said dog. If, however, after ten days confinement, the said dog is not claimed or owner determined or located, then the cost of confinement shall be borne by the Town of Vail. If said dog is determined to be suffering from rabies it shall be destroyed forthwith. • • • • • • Page 6 -Ordinance No. 13 It shall be unlawful for any person knowing or suspecting 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 Department or the poundmaster. Every owner or other person, upon ascertaining a dog is rabid shall immediately notify the poundmaster or a policeman who shall either remove tiie clog to the pound or summarily destroy it. Sectio_z 10. Imported Doffs. All dogs which are brought into the Town of Vail, shall be in compliance ~~ith the laws and rules and regulations of the State of Colorado regarding the handling of the animals, and shall have been vac- cinated 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 accordance with the provisions of this ordinance. A certificate of vaccination issued by a licensed veter- inarian to the owner or harborer of a dog within the current license year by any municipality, 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 Licenses. Only those persons who own or harbor a dog duly vaccinated and licensed in accordance with the provisions of this ordinance • ~, • ~. • Page 7 -Ordinance No . 13 shall be permitted to possess the licenses and tags provided for herein. No person i-nay affix a tag evidencing 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. lA . 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 vaccinated and licensed as herein pro- vided 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. + ~ • Page 8 -Ordinance No. 13 Section 13. Disposition of Unclaimed or Infected Dogs. It shall be the duty of the Poundmaster (or the desig- nated official) 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 des- troyed. F ny 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 disease shall not be released but may 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 ten days at the expense of the owner. B. Vlhere, 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 • • • ~ • Page 9 -Ordinance No. 13 confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. ~`ny 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 Section 12. If unclaimed after that period, such dog may be summarily destroyed. Section 16. Vaccination and Licensing. It shall be unlawful f.or the owner of any dog to keep, maintain, or allow such dog to run at large unless it shall have been vaccin- ated by a licensed veterinary surgeon with anti-rabies vaccine, within one year preceding the date on which such doa 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 any 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 any such animal • ~ • ~ • Page 10 -Ordinance No. 13 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 . Section 19. Dogs -Under Six Months. Notwithstanding any provision of this 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 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 less than $5. 00 nor more than $300. 00, or by both such fine and imprisonment. 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 i.t is further the intention of the Board of Trustees thereof that if any provision of this Ordinance be declared invalid, all other • • • ~ • Page 11 -Ordinance No. 13 provisions shall remain valid and enforceable. Section 23. Emergency. The Board of Trustees finds and determines that the passage of this Ordinance is necessary for the immediate preservation of the public health and safety of the inhabitants of the Town of Vail and that this Ordinance shall become effective Five (5) days after publication. READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 10th day of July, 1967. a 1 ~ • ~ Finally passed, adopted and approved on this ~ ~~ r I day of _-J(,~ 1W 196 APPROVE~I :. i "~ ." ,~ ' ~- c:~.~ • ~ ~~ . ~~~ Mayor .,--- ATTEST: ~~~~`%~ ~~ __Town Recorder v (SEAL)