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EXOTIC, DANGEROUS, VICIOUS AND WILD ANIMALS
Sections:
6.05.010 Animals unlawful to own or sell.
6.05.020 Unlawful possession of dangerous animal.
6.05.025 Impoundment of dangerous animal.
6.05.030 Disposition of dangerous animal.
6.05.031 Euthanization of dangerous animal.
6.05.032 Unlawful possession of aggressive animal.
6.05.033 Impoundment of aggressive animal.
6.05.034 Aggressive animal conditions.
6.06.035 Euthanization of aggressive animal.
6.05.036 Due process hearing.
6.05.040 Wild animals.
6.05.050 Feeding of wildlife
6.05.010 Animals unlawful to own or sell.
It is unlawful for any person to import, offer for sale, keep, possess, release,
or harbor in the city any skunk, raccoon, jaguar, leopard, lynx, tiger, lion,
ocelot, bobcat, cheetah, mountain lion, wildcat, panther, bear, coyote, wolf,
fox, badger, porcupine, alligator, caiman, crocodile, poisonous amphibian, poisonous
invertebrate, poisonous reptile, or nonhuman primates. This Section shall not
apply to any person who has been granted a wildlife rehabilitator license by
the Colorado State Division of Wildlife and is acting in compliance with said
license. (Ord. O-98-06 § 5 (part), 1998; Ord. O-87-28 § 1 (part),
1987).
6.05.020 Unlawful possession of dangerous animal.
A. A person commits unlawful possession of a dangerous animal if he owns an
animal which engages in any of the following conduct within the city:
1. Inflicts or causes bodily injury or serious bodily injury upon a person;
2. Inflicts or causes bodily injury or serious bodily injury upon a domestic
animal or causes the death of a domestic animal;
3. Possesses an animal that has been determined by a court of record within
the state of Colorado to be a vicious or dangerous animal and does not comply
with the conditions imposed by state statute, local ordinance, or court order
for ownership of said animal.
4. Engages in or has been trained for animal fighting as described and prohibited
in Section 18-9-204, C.R.S.
B. An affirmative defense to the violation of this Subsection (A) shall be:
1. That, at the time of the attack by the dangerous animal which caused injury
to or the death of a domestic animal, the domestic animal was at large, and
entered upon the property of the owner and the attack began, but did not necessarily
end, upon such property.
2. That, at the time of the attack by the dangerous animal, which caused injury
to, or the death of a domestic animal, the domestic animal was biting or otherwise
attacking the dangerous animal or its owner.
3. That, at the time of the attack by the dangerous animal, which caused injury
to a person, the victim of the attack was committing or attempting to commit
a criminal offense against the animal's owner, and the attack did not occur
on the owner's property.
4. That, at the time of the attack by the dangerous animal which caused injury
to a person, the victim of the attack was committing or attempting to commit
a criminal offense against a person on the owner's property or the property
itself and the attack began, but did not necessarily end, upon such property;
or
5. That, the person who was the victim of the attack by the dangerous animal
tormented, provoked, abused, or inflicted injury upon the animal in such an
extreme manner which resulted in the attack.
C. The affirmative defenses set forth in Subsection (B) of this provision shall
not apply to any animal that has engaged in or been trained for animal fighting
as said term is described in Section 18-9-204, C.R.S.
D. The provisions of this section shall not apply to the following:
1. To any dog that is used by a peace officer while the officer is engaged in
the performance of peace officer duties.
2. To any animal that inflicts bodily injury or serious bodily injury to any
veterinary health care worker, animal groomer, humane agency personnel, professional
animal handler, or trainer each acting in the performance of his or her respective
duties unless the owner is subject to a court order issued pursuant to Subsection
(A)(14) of Section 6.05.030 and the owner has failed to comply with the written
notification mandate; or
3. To any dog that inflicts injury upon or causes the death of a domestic animal
while the dog was working as a hunting dog, herding dog, or predator control
dog on the property of or under the control of the dog's owner and the injury
or death was to a domestic animal naturally associated with the work of such
dog.
E. The provisions of this section shall not apply to any conduct which constitutes
a felony under state law. (Ord. O-2006-14 § 6, 2006; Ord. O-2005-12 §
4, 2005; Ord. O-2000-9 § 2 & 3, 1999; Ord. O-98-06 § 5 (part),
1998; Ord. O-94-32 § 6, 1994; Ord. O-87-28 § 1 (part), 1987).
6.05.025 Impoundment of dangerous animal.
A. Mandatory impoundments. Upon citation of an owner for a violation of Section
6.05.020, Animal Control Officers shall take into custody the owner's dangerous
animal and place the animal in the shelter at the owner's expense pending final
disposition of the charge against the owner, if the victim of the offense is
a person who has suffered bodily or serious bodily injury; when the owner has
failed to comply with the restrictions imposed by state statute, local ordinance;
or court order for the possession of an animal determined to be dangerous or
vicious; or if the animal has been engaged in or been trained for animal fighting.
B. Discretionary impoundments. Upon citation of an owner for a violation of
Section 6.05.020, Animal Control Officers may take into custody the owner's
dangerous animal and place the animal in the animal shelter at the owner's expense
pending final disposition of the charge against the owner, if the victim of
the offense is a domestic animal.
C. An animal shall remain impounded unless otherwise ordered released by the
Court. The owner shall be liable for the total cost of board and care for an
animal impounded pursuant to this subsection. The Court shall order any convicted
owner or any owner who entered into a deferred judgment or deferred prosecution
to make payment to the animal shelter for all impoundment fees, boarding costs,
and any reasonable and necessary medical expenses incurred during the impoundment
of the animal. If impoundment cannot be safely made, the animal may be destroyed,
as set forth in Section 6.03.060, without notice to the owner. (Ord. O-2006-14
§ 7, 2006; Ord. O-98-06 § 5 (part), 1998).
6.05.030 Dangerous animal conditions.
A. Upon conviction or entry of a plea of guilty or no contest or entry into
a deferred judgment to a charge of possession of a dangerous animal by the owner,
the court shall order that the animal subject to the charge shall only be possessed
upon the owner's compliance with the following conditions:
1. The owner shall, at the owner's expense, have the animal spayed or neutered
and shall provide proof to the Animal Control Section of the Lakewood Police
Department that the sterilization has been performed;
2. The owner shall, at the owner's expense, have a microchip containing an identification
number implanted into the animal and provide such information to the Animal
Control Section of the Lakewood Police Department. The owner shall produce the
animal for verification by Animal Control of the microchip implementation. Animal
Control shall maintain records containing the registration number and name of
said animal and the name and address of the owner. The owner shall be responsible
for notifying Animal Control of any change in address, ownership, or death of
the animal.
3. At all times when the animal is at the property of the owner, the owner shall
keep the animal confined except as further allowed by this Section. When outdoors,
the animal shall be confined in an escape proof enclosure. All structures must
be locked with a key or combination lock when the animal is within the structure.
Such structure shall have a secure bottom or floor attached to the sides of
the pen or the sides of the pen shall be embedded in the ground no less than
two (2) feet. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition. All structures erected to house
such animal must comply with all zoning and building requirements. Animal Control
shall inspect the structure to ensure compliance with said conditions.
4. No animal may be kept on a porch, patio, or in any part of a house or structure
that would allow the animal to exit such building upon its own volition. In
addition, no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen door are the only obstacle preventing
the animal from exiting the structure.
5. When outdoors in a private yard, the animal must be in the secure enclosure
or in the physical presence of a responsible adult, who is a minimum or 21 years
of age and is capable of effectively controlling the animal, and inside of a
secure six-foot fence enclosure. Animal Control shall inspect the fence to ensure
compliance with said condition. An electronic fence does not comply with the
mandates of this subsection.
6. At all times when the animal is off the property of the owner, the animal
shall be muzzled and either placed within a secure temporary enclosure, or secured
by a leash of no longer than four (4) feet in length held by a responsible adult,
who is a minimum of 21 years of age and is physically capable of controlling
the animal. Extension style leashes shall not be used.
7. The animal may not be leashed to any inanimate object.
8. The owner shall post, at each entrance to the owner's property where the
animal is kept, a conspicuous and clearly legible sign of at least eight (8)
by ten (10) inches, which shall contain the words "BEWARE, DANGEROUS ANIMAL"
in lettering at least two (2) inches in height.
9. The owner shall not sell or transfer the animal to any person except a member
of the owner's immediate family who shall then be deemed the owner and subject
to all the requirements of this title. For the purposes of this subsection,
"immediate family" shall mean the owner's spouse, child, parent, or
sibling.
10. The owner shall immediately notify the police department or Animal Control
in the event that the animal is at-large, stolen, or has acted in a dangerous
or aggressive manner.
11. The owner may temporarily transport the animal through the City. During
such transport, the animal must be muzzled and confined either within a secure
temporary enclosure or by a leash no longer than four (4) feet in length, which
is held by a responsible adult who is a minimum of 21 years of ages, and is
capable of effectively controlling the animal.
12. The owner whose animal injured or destroyed any domestic animal shall make
restitution to the injured or dead domestic animal's owner pursuant to applicable
provisions governing restitution. Restitution shall be equal to the greater
of the fair market value or the replacement cost of the domestic animal on the
date, but before the time, the animal was injured or destroyed plus any reasonable
and necessary medical expenses incurred in treating the animal and any actual
costs incurred in replacing the injured or destroyed animal.
13. The owner whose animal inflicted bodily injury or serious bodily injury
upon any person shall make restitution pursuant to the provisions governing
restitution.
14. Prior to the dangerous animal receiving any service or treatment, the owner
shall disclose in writing to any provider of the service or treatment, including
but not limited to a veterinary health care worker, dog groomer, humane agency
staff person, pet animal care facility staff person, professional animal handler,
or dog trainer, each acting in the performance of his respective duties, that
the dangerous animal has been the subject of a conviction.
15. The animal shall be currently inoculated against rabies and shall display
rabies and identification tags in compliance with Section 6.04.010 of this title.
B. Upon conviction or entry of a plea of guilty or no contest or entry into
a deferred judgment to a charge of possession of a dangerous animal by the owner,
the court may order that the animal subject to the charge shall only be possessed
upon the owner's compliance with the following conditions:
1. No other dog shall be possessed or harbored at the owner's residence during
the period of court ordered supervision.
2. The owner shall present to Animal Control proof that the owner has procured
homeowner's or renter's liability insurance in a minimum amount of $100,000
covering any future damage or injury caused by the subject animal during the
period of court ordered supervision.
3. Community service work at an animal shelter
4. Successful completion of a court approved animal obedience training, behavior
modification, pet management class, and/or any other treatment program or training
that the court may deem appropriate. The owner shall bear the cost of the program
or training.
C. It shall be unlawful for any person to fail to comply with the requirements
of this section and any such violation shall subject the violator to prosecution
for unlawful possession of a dangerous animal pursuant to this chapter. (Ord.
O-2006-14 § 8, 2006; Ord. O-2000-9 § 4, 1999; Ord. O-98-06 §
5 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.05.031 Euthanization of dangerous animal.
In addition to the penalties set forth in Section 6.05.030, any convicted owner
or owner who enters into a deferred judgment for a violation that resulted in
serious bodily injury to a person or death to a domestic animal or a second
or subsequent violation of Section 6.05.020 which resulted in a conviction or
a deferred judgment involving the same animal, the Court may order that the
dangerous animal be humanely destroyed by lethal injection upon exhaustion of
any right an owner has to appeal the conviction. (Ord. O-2006-14 § 9, 2006).
6.05.032 Unlawful possession of aggressive animal.
A. A person commits unlawful possession of an aggressive animal if he owns an
animal which engages in any of the following conduct within the city:
1. Approaches any person, without provocation, in a menacing manner, whether
or not an attack actually occurs.
2. In an attacking manner encroaches over, through, or under a fence onto the
public or the private property of another; or
3. Inflicts a puncture wound, abrasion, or other wound caused by the animal's
teeth upon a person or a domestic animal which injury does not meet the definition
of bodily injury or serious bodily.
B. The affirmative defenses and exceptions set forth in Section 6.05.020, Possession
of Dangerous Animal, shall be applicable to any prosecution for a violation
of this section. (Ord. O-2006-14 § 10, 2006).
6.05.033 Impoundment of aggressive animal.
A. Mandatory impoundments. Upon citation of an owner for a violation of Section
6.05.032, Animal Control Officers shall take into custody the owner's aggressive
animal if the animal has previously been the subject of a conviction for dangerous
animal or aggressive animal pursuant to this chapter and place the animal in
the animal shelter at the owner's expense pending final disposition of the charge
against the owner.
B. Discretionary impoundment. Upon citation of an owner for a violation of Section
6.05.032, Animal Control Officers may place the animal in the animal shelter
at the owner's expense pending final disposition of the charge against the owner.
C. The owner shall be responsible for the payment of all impoundment fees, boarding
fees, and any reasonable and necessary medical expenses incurred during the
impoundment of the animal regardless of whether or not the animal is redeemed
by the owner from the animal shelter. (Ord. O-2006-14 § 11, 2006).
6.05.034 Aggressive animal conditions.
A. Upon conviction or entry of a plea of guilty or no contest or entry into
a deferred judgment to a charge of possession of an aggressive animal, the court
shall order that the animal subject to the charge shall only be possessed upon
the owner's compliance with the following conditions:
1. The owner shall, at the owner's expense, have a microchip containing an identification
number implanted into the animal and provide such information to the Animal
Control Section of the Lakewood Police Department. The owner shall produce the
animal for verification by Animal Control of the microchip implementation. Animal
Control shall maintain records containing the registration number and name of
said animal and name and address of the owner. The owner shall be responsible
for notifying Animal Control of any change in the address, ownership, or death
of the animal.
2. An extension style leash shall not be used upon said animal.
3. The animal shall not be leashed to any inanimate object.
4. The animal shall be currently inoculated against rabies and shall display
rabies and identification tags in compliance with Section 6.04.010 of this title.
B. Upon conviction or entry of a plea of guilty or no contest or entry into
a deferred judgment to a charge of possession of an aggressive animal, the court
may order that the animal subject to the charge shall only be possessed by the
owner upon the owner's compliance with the following conditions:
1. Community service work at an animal shelter.
2. Successful completion of a court approved animal obedience training, behavior
modification, pet management class, and/or any other treatment program that
the court may deem appropriate. The owner shall bear the cost of the program
or training.
3. The owner shall, at the owner's expense, have the animal spayed or neutered
and shall provide proof to the Animal Control Section of the Lakewood Police
Department that the sterilization has been performed. (Ord. O-2006-14 §
12, 2006).
6.05.035 Euthanization of aggressive animal.
In addition to the penalties set forth in Section 6.05.034, any convicted owner
or owner who enters into a deferred judgment for a second or subsequent violation
of Section 6.05.032 involving the same animal or any owner who has been previously
convicted or entered into a deferred judgment for a violation of Section 6.05.020
involving the same animal, the Court may order that the aggressive animal be
humanely destroyed by lethal injection upon exhaustion of any right an owner
has to appeal the conviction. (Ord. O-2006-14 § 13, 2006).
6.05.036 Due process hearing.
A. This section establishes a due process hearing pending trial. The Municipal
Court shall conduct this due process hearing. Within ten days after an animal
is seized pursuant to this chapter, the animal's owner may petition the Municipal
Court and request the return of the animal. The court shall conduct such hearing
at the earliest date available to the court. At the hearing the formal rules
of evidence shall not apply. If, on the date of the hearing, the owner does
not appear, the Court may proceed with the hearing. The Court shall allow the
parties to present evidence, witnesses, and have the right of cross-examination.
The Court shall consider as applicable the following:
1. The conduct of the animal during the incident charged;
2. Any evidence of dangerous, aggressive, or violent behavior by the animal
or threats thereof;
3. Any prior violations by the owner of this title or any municipal ordinance,
or the laws of any state or political subdivision thereof which involves an
other animal;
4. Any prior violations by any other owner, involving the same animal, of any
violations of this title or any municipal ordinance, or any laws of the state
or political subdivision thereof;
5. Any conditions existing on the property where the animal has been or will
be kept which would affect the likelihood of any danger to any person, animal
or property;
6. Any evidence of any ameliorative action taken by the owner of the animal
which would affect the likelihood of any danger to any person, animal or property,
and
7. Any other evidence relevant to the issues as determined by the Court.
B. If, at the hearing, the City establishes by a preponderance of the evidence
that there is a reasonable likelihood of future injury to persons, property,
or animals, the court shall order the animal to remain impounded at the owner's
expense until final disposition of any pending municipal charges.
C. The owner shall be responsible for complying with the financial bonding requirements
as set forth in Section 6.06.010. (Ord. O-2006-14 § 14, 2006).
6.05.040 Wild animals.
Animal Control Officers are authorized to apprehend any wild animal that may
be at large within the city. Such wild animal may be impounded, released in
wild areas outside of the city, or destroyed as the Animal Control Officer in
his discretion shall determine, subject to the applicable provisions of the
laws of the State of Colorado. Animal Control Officers are authorized to use
any tranquilizer guns, firearms or any other suitable devices to subdue or destroy
any animal that is deemed by an Animal Control Officer, in his discretion, to
be a danger to itself or to the public health and safety. (Ord. O-98-06 §
5 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.05.050 Feeding of wildlife.
It shall be unlawful to knowingly place or provide food for any wildlife. As
used herein, wildlife includes but is not limited to skunks, raccoons, deer,
coyotes, mountain lions, fox, elk, and non-domesticated waterfowl. This prohibition
shall not apply to squirrels or birds. (Ord. O-98-06 § 5 (part), 1998).
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