The URL can be used to link to this page

Home My WebLink About06150t 'i ORDINANCE NO. 6150 AN ORDINANCE AMENDING SECTION 14 OF CHAPTER 4 OF TITLE XI OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO THE OWNERSHIP OF A VICIOUS DOG AND IWOSING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter to be omitted, underscoring indicates new matter.) SECTION 1. Section 14 of Chapter 4 of Title XI is hereby amended to read as follows: 11 -4 -14: VICIOUS DOGS (1) As used in this Section, "vicious dog" shall mean and include: (a) any dog which, without provocation, approaches in a threatening or terrorizing manner, any person in apparent attitude of attack upon the streets, sidewalks, or any public ground or place; or (b) any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or (c) any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property, or (d) any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. (e) any dog which was the subject of a conviction under this section or § 18 -9 -204.5 C.R. S., or which was adjudicated to be a vicious dog under this section or a dangerous dog under § 18- 9 -204.5 C.R.S. No dog may be declared a vicious dog if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (4 It shall be unlawful and a Class 1 Municipal Offense for any person to own, possess, harbor, keep or control a vicious dog. (a) It shall be an affirmative defense to .a violation of this subsection (2 ) if such person fully complies with the following provisions while such person owns, possesses, harbors, keeps or controls a vicious dog. 10 The vicious dog is confined while upon the premises of such person. A vicious dog is "confined" as the term is used in this Section if such dog is securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of said person suitable to prevent the entry of young children and suitable to confine a vicious dog. Such pen or dog run area must have either sides six feet high or a secure top. If the pen or dog run structure has no bottom secured to the sides the sides must be imbedded into the ground no less than one foot: or, ii If a vicious dog , og es beyond the premises of such person, the vicious dog is securely muzzled and restrained by a secure collar and leash not exceeding three 3) feet in length of sufficient strength to prevent escape and under the direct control and supervision of the owner or the person harboring or having the care or custody of the vicious dog: and, iii Such person maintains a policy of insurance in an amount not less than fifty thousand dollars ($50,000) insuring said person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts whether intentional or unintentional, of the vicious dog Such person shall produce evidence of such insurance upon the request of a Humane Officer, and iv Such person displays in a prominent place on their premises a sign easily -2- readable by the public from the public street using the words "Beware of Vicious Dog." A similar sign shall be posed on the dog run or pen. [(2) No person owning or harboring or having the care or custody of a vicious dog shall suffer or permit such dog to go unconfined on the premises of such person. A vicious dog is "unconfined" as the term is used in this Section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such pen or dog run area must have either sides six feet high or a secure top. If the pen or dog run structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. (3) No person owning or harboring or having the care or custody of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained by a secure collar and leash not exceeding three (3) feet in length of sufficient strength to prevent escape and under the direct control and supervision of the owner or the person harboring or having the care or custody of the vicious dog.] W It shall be unlawful and a Class 1 Municipal offense for any person to own, possess . harbor, keep or control any dog which was the subject of a conviction under this section or § 18 -9 -204.5 CRS , or which was adjudicated to be a vicious dog under this section or a dangerous dog under §18- 9 204 5 C.R.S. if such person does not fully comply with the provisions of subsections 2(a)(i) through 2( )(iv) of this section while such person owns possesses harbors, keeps or controls such vicious dog. (4) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. -3- (5) No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any vicious dog. [(6) Any person owning or harboring or having the care or custody of any vicious dog shall maintain a policy of insurance in an amount not less than fifty thousand dollars ($50,000) insuring said person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person shall produce evidence of such insurance upon the request of a Humane Officer. (7) All persons owning or harboring or having the care or custody of a vicious dog shall display in a prominent place on their premises a sign easily readable by the public from the public street using the words "Beware Of Vicious Dog ". A similar sign shall be posted on the dog run or pen.] (0[(8)1 This Section shall not apply to dogs owned by law enforcement agencies. The Humane Officer shall seize and impound any vicious dog which is beyond the premises of the owner and which is not securely muzzled and restrained by a secure collar and leash not exceeding_ three (3) feet in length of sufficient strength to prevent escape and under the direct control and supervision of the owner or the person harboring or having the care or custody of the vicious dog. ([(9)] If a Humane Officer has probable cause to believe that a vicious dog is being kept, harbored or cared for on the premises of the owner in violation of subsection[s] (2)[, (4), (5), (6) or (7)] of this Section, the Humane Officer may petition the municipal court to order the seizure and impoundment of the vicious dog. [If a Humane Officer has probable cause to believe that a vicious dog is being kept, harbored or cared for in violation of subsection (3) of this Section, the Humane Officer shall seize and impound the vicious dog.] IN x1(10)1 If a vicious dog is impounded[, the dog shall be held pending trial and disposed of pursuant to court order. IfJ and a the person owning or harboring or having the care or custody of a vicious dog is unable to be determined or found, [the impounded vicious dog shall be humanely euthanized within a reasonable time after impoundment. IfJ or b the person owning or harboring or having the care or custody of a vicious dog does not redeem the impounded vicious dog by payment of the fees and charges set forth in Section 11 -4 -16 or the fees and charges imposed under Section 11 -4 -20(3) within a reasonable time after impoundment the vicious dog shall be humanely euthanized. No vicious dog shall be humanely euthanized within five (5) days after being impounded, exclusive of Sundays and holidays, except that an impounded vicious dog may be humanely euthanized at any time with the consent of the person owning, harboring or having the care or custody of the vicious dog. 10 [(11)1 Any vicious dog which attacks a human being or another domestic animal shall be ordered humanely euthanized when in the municipal court's judgment, such vicious dog represents a continuing threat of serious harm to human beings or other domestic animals. SECTION 2. This Ordinance shall become effective upon final passage and approval. ATTEST: ,,- 21 . City Clerk INTRODUCED: November 11 , 1996 By: Charles Jones Councilperson 0 999 • Presi nt of the City Council -5-