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O-2005-12
AN ORDINANCE
ADDING SECTIONS 6.06.010 AND 6.07.105 AND AMENDING SECTIONS 6.03.010, 6.03.030, 6.05.020 (A), (B), 6.07.010, 6.07.020, 6.07.100, 6.07.110, AND 6.08.020 OF TITLE 6 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO ANIMALS
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 6.01.010 of the Lakewood Municipal Code is hereby amended
by the addition of the following definitions:
6.01.010 DEFINITIONS
"Disposal" or "Disposition" means adoption of an animal, return of an animal to the owner, release of an animal to a rescue group licensed pursuant to Article 80 of Title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to Article 80 of Title 35, C.R.S., or to a rehabilitator licensed by the Division of Wildlife or the United States Fish and Wildlife Service, or euthanasia.
"Euthanasia" means to produce a humane death by techniques accepted by the American Veterinary Medical Association.
SECTION 2. Section 6.03.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.03.010 ANIMALS RUNNING AT LARGE UNLAWFUL
A. It shall be unlawful for the owner of any dog or other animal, excepting cats, to permit the same to run at large within the city. As used herein, animal means any animal brought into domestic use so as to live and breed in a tame condition, including, but not limited to, dogs, other household pets, horses, livestock, and animals generally regarded as farm or ranch animals.
B. It is unlawful for any owner of any dog or other animal, excepting cats, to permit the same to habitually run at large. For the purposes of this subsection, "habitually running at large" shall be defined as an animal impounded while at large or an animal which is the subject of a charge of running at large; this must occur a minimum of three times within a twelve month period.
C. In addition to any penalty imposed upon a conviction for a violation of
this section, the court shall order the owner of an animal which is impounded
for running at large to pay for the boarding and impoundment fees established
by the animal shelter 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.
SECTION 3. Section 6.03.030 of the Lakewood Municipal Code is hereby amended
and shall be as follows:
6.03.030 IMPOUNDMENT
Animals running at large may be taken into custody by Animal Control Officers, or police agents of the city and impounded in a humane manner for a period of not less that five days following the date of the impoundment; any animal so impounded which is not claimed within said five-day period may be disposed of by sale, adoption, donation, or destruction at the sole discretion of the Animal Shelter. The owner shall be responsible for the payment of such boarding and impoundment fees established by the Animal Shelter and reasonable and necessary medical expenses incurred during the impoundment of the animal regardless of whether or not the animal is redeemed by the owner.
SECTION 4. Subsections 6.05.020(A) and (B) of the Lakewood Municipal Code are hereby amended and shall be as follows:
6.05.020 (A) and (B) UNLAWFUL POSSESSSION 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 injury upon a domestic animal or causes the death of a domestic animal;
3. Approaches any person, without provocation, in a menacing or terrorizing manner in an attitude of attack; or
4. Engages in or has been trained for animal fighting as described and prohibited in Section 18-9-204, C.R.S.
B. As used in this Section, unless the context otherwise requires:
1. "Bodily injury" means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
2. "Domestic animal" means any dog, cat, ferret, or livestock.
3. "Injury upon a domestic animal" means any physical injury that results in any puncture wound, severe bruising, muscle tear, skin laceration requiring medical treatment, or fracture of any bone or any other injury that requires corrective surgery.
4. "Owner" or "Owns" means any person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of a domestic animal as the term is defined in paragraph (2) of this Subsection (B), including a dangerous animal as set forth in Subsection (A) of this Section.
5. "Serious bodily injury" has the same meaning as such term is defined in Section 18-1-901, C.R.S.
C. 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, said 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.
D. The affirmative defenses set forth in Subsection (C) 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.
E. 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 to any veterinary health care worker, animal groomer, humane agency personnel, professional animal handler, trainer, or animal show judge each acting in the performance of his or her respective duties; 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.
F. The provisions of this section shall not apply to any conduct which constitutes a felony under state law.
SECTION 5. Section 6.06.010 of the Lakewood Municipal Code is hereby added and shall be as follows:
6.06.010 FINANCIAL BONDING REQUIREMENTS FOR COSTS OF HOLDING IMPOUNDED ANIMALS.
A. The owner or custodian of an animal that has been impounded by an animal control officer, a police agent, or an impound agency because of alleged neglect or abuse, or because of investigation of charges of cruelty to animals or unlawful possession of a dangerous animal as described in Sections 6.07.010, 6.07.020, and 6.05.020, respectively, may prevent disposition of the animal by an impound agency by posting a bond with the municipal court in an amount sufficient to provide for the animal's care and keeping at the impound agency for at least thirty days, including the day on which the animal was taken into custody. Such bond shall be filed with the municipal court within ten days after the animal is impounded. At the end of the time for which expenses are covered by the bond, if the owner or custodian desires to prevent disposition of the animal, the owner or custodian shall post a new bond with the court within ten days after the prior bond's expiration. However, the court shall order the immediate disposition of the animal by euthanasia if, in the opinion of a veterinarian, the animal is experiencing extreme pain or suffering. At the end of the time for which expenses are covered by the bond, the impound agency may determine disposition of the animal unless there is a court order prohibiting such disposition. The owner or custodian shall be liable for the cost of the care, keeping, or disposal of the animal.
B. A dog that is not claimed by its owner within five days after being eligible for release from impoundment for investigation of a charge of unlawful possession of a dangerous animal as described in Section 6.05.020, shall be deemed abandoned and may be disposed of as the impound agency deems proper.
C. For the purposes of this section, "Impound Agency" means an agency, including but not limited to an animal shelter as defined in Section 35-80-102(1), C.R.S., that impounds an animal pursuant to the provisions of subsection (A) of this section or Section 6.07.105.
SECTION 6. Section 6.07.010 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.07.010 CRUELTY TO ANIMALS.
It shall be unlawful for any person to recklessly, or with criminal negligence torture, needlessly mutilate, or inhumanely kill any animal. Any neglect of an animal, as defined in Section 6.07.020, that results in the death of that animal shall constitute cruelty.
SECTION 7. Section 6.07.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.07.020 NEGLECT OF ANIMALS
It shall be unlawful to knowingly, recklessly, or with criminal negligence neglect any animal. Neglect includes but is not limited to overdrive, overload, overwork, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, allow to be housed in a manner that results in chronic or repeated physical harm, carry or confine in or upon any vehicles in a cruel or reckless manner, or otherwise mistreat or neglect any animal, or cause or procure it to be done, or having the charge or custody of any animal, fail to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, and every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable suffering or pain. Any neglect of an animal that results in the death of that animal shall constitute cruelty.
SECTION 8. Section 6.07.100 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.07.100 DISPOSITION OF SEIZED ANIMALS.
A. 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. At such a hearing, the Court may either:
1. Return the animal to the owner subject to Court-imposed conditions regarding the care and treatment of the animal; or
2. Require the animal owner to post a bond in an amount sufficient to provide for the animal's care for a minimum of thirty days.
B. At the hearing on the motion or petition for the animal's return before trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer further mistreatment if returned to the owner and is not in need of being restored to health.
C. If the underlying charges have not been resolved prior to the expiration of any bond posted pursuant to Subsection (A)(2) of this Section, the animal owner shall be required to post an additional bond in an amount sufficient to provide for the animal's care during the pendency of the case. If at any time the bond expires and no additional bond is posted, the animal shelter shall obtain ownership of any animal still in its custody.
D. If no charges are filed within seven days after the animal's removal, the owner may petition the Municipal Court for the animal's return. The petition shall be filed with the Court, with copies served to the City Attorney's Office. If the Court grants the petition, the animal will be made available for release to the owner. If a criminal action is filed after the petition is filed, but before the animal is returned, the matter will be set for hearing as set forth in Subsection A.
SECTION 9. Section 6.07.105 of the Lakewood Municipal Code is hereby added and shall be as follows:
6.07.105 FORFEITURE OF ANIMALS
A. Upon the motion of the prosecuting attorney or upon the court's own motion, after the conviction of a defendant for a violation of this chapter, the court may order the forfeiture of any animal owned by or in the custody of the defendant that was abused, neglected, mistreated, injured, or used by the defendant during the course of the criminal episode that gave rise to such conviction.
B. 1. If an animal is the subject of a motion made under subsection (A) and is not owned by the defendant, the court may nevertheless enter an order of forfeiture of the animal if the court finds that:
a. The owner of the animal is unknown, or
b. The owner of the animal is known by cannot be located.
2. Any person who contests a motion brought under this section shall establish such person's standing as a true owner of the animal. The factors to be considered by the court in determining whether such person is a true owner shall include but shall not be limited to the following:
a. Whether the person was the primary user, custodian, or possessor of the animal;
b. Whether there is evidence that ownership of the animal is vested in the person;
c. Whether consideration was paid for the purchase of the animal, and, if so, how much of the consideration was furnished by the person.
3. If the court determines that a person other than the defendant is the true owner of the animal, the court may not enter an order forfeiting the animal under this section unless the court finds:
a. The true owner was involved in the criminal episode described in subsection (A) of this section;
b. The true owner knew or reasonably should have known of the criminal episode described in subsection (B) of this section and failed to take all reasonable steps available to him or her to prevent it; or
c. Ownership of the animal was conveyed to the true owner in order to avoid a forfeiture.
C. An order of forfeiture entered pursuant to this section shall provide for the immediate disposition of the forfeited animal by any means described in Section 6.01.010 other than return to the owner.
D. The owner or custodian of an animal that is the subject of a motion brought under this section shall be liable for the cost of the care, keeping, transport, or disposal of the animal. In no event shall the City of Lakewood be liable for such cost.
E. The court in its discretion may order a forfeiture authorized by this section as an element of sentencing, as a condition of probation, or as a condition of a deferred sentence.
SECTION10. Section 6.07.110 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.07.110 SENTENCING
In addition to other penalties set forth under Section 6.08.020, any person who is convicted or who enters into a deferred judgment or a deferred prosecution for a violation of this Chapter shall be liable for the total cost of board and care for an animal impounded pursuant to this Chapter. The Court shall order any person to make payment to the animal shelter for all impoundment fees, costs of boards, and any reasonable and necessary medical expenses incurred during the impoundment of the animal. In addition, the Court may order the defendant to participate in an available animal cruelty prevention or education program or an anger management treatment program or any other treatment program that the court may deem appropriate. The Defendant shall bear the cost of the program. Upon conviction, the Court shall determine the disposition of the animal as set forth in Section 6.07.100 unless such disposition was previously made.
SECTION 11. Section 6.08.020 of the Lakewood Municipal Code is hereby amended and shall be as follows:
6.08.020 PENALTIES.
A. Any person who is convicted of a violation of any section of this title shall, for each offense, be fined in a sum of not more than one thousand dollars or shall be imprisoned not to exceed three hundred sixty-five days, or shall be both so fined and imprisoned. As a part of such sentence, the Court may order the restitution to any aggrieved party for actual damages or loss caused by the offense to which the defendant pled guilty, nolo contendere, or was convicted. The municipal judge may suspend all or a part of a sentence or fine of any defendant, and/or place him on probation for a period not to exceed one year.
B. The minimum penalty upon a first conviction for violation of Section 6.03.010(A) shall be a fine of seventy-five dollars. The minimum penalty for each subsequent conviction for violation of Section 6.03.010(A) within a twenty-four month period dating from the first conviction shall be a fine in an amount equal to one hundred fifty percent of the fine for the next preceding conviction.
C. The minimum penalty upon a first conviction for violation of Section 6.04.010
shall be fifty dollars. The minimum penalty for each subsequent conviction for
violation of Section 6.04.010 within a twenty-four-month period dating from
the first conviction shall be a fine in an amount equal to one hundred fifty
percent of the fine for the next preceding conviction.
SECTION 12. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 28th day of February, 2005; published in full in the Lakewood Sentinel on the 3rd day of March, 2005; set for public hearing on the 28th day of March, 2005; read, finally passed and adopted by the City Council on 28th the day of March 2005; and, signed and approved by the Mayor on the 29th day of March, 2005.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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