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Memorandum
TO: Mayor Steve Burkholder
Lakewood City Council
FROM: Janet Young, Deputy City Attorney
Office of the City Attorney
DATE: April 11, 2006
SUBJECT: Revisions to Chapter 6 of the Lakewood Municipal Code Pertaining to the Regulation of Owners of Animals that are Dangerous, Aggressive, or Habitually at Large
The police department is proposing that an ordinance be presented to City Council that imposes greater restrictions and sanctions on irresponsible pet owners whose animals are dangerous, aggressive, or habitually at large. Such provisions put the responsibility for the animal's behavior on the owner. The proposed revisions establish a fair process by which specific dogs are identified as "dangerous" or "aggressive" based on stated, measurable actions; imposes appropriate penalties on irresponsible owners; and establishes a well-defined method for dealing with such problem dogs. If necessary, dogs proven to be "dangerous" may need to be humanely destroyed. The purpose of the proposed restrictions is to foster safety and protect the general public, their pets and livestock from animals classified as dangerous or aggressive by imposing greater penalties upon owners who fail to take adequate steps to maintain control of their pets.
The proposed ordinance would include the following provisions:
Regulation of Owners of Dangerous Animals
· Definition includes any person who owns (has a property interest in, owns, harbors, keeps, or has custody of, or allows such animal to remain about his premises) an animal which engages in any of the following conduct in the city:
o Inflicts or causes bodily injury or serious bodily injury upon a person;
o Inflicts or causes injury upon a domestic animal or causes the death of a domestic animal;
o Engages in or has been trained for animal fighting; or
o Possesses an animal that has been determined by a municipal court or county court within the state of Colorado to be a vicious or dangerous animal and does not comply with the conditions imposed by the city for ownership of such an animal.
· Mandatory Impoundment
o When the victim of the offense is a person who has suffered bodily or serious bodily injury;
o When the animal has been engaged in or been trained for animal fighting; or
o When the owner fails to comply with the restrictions imposed on the ownership of any animal, which was the subject of a dangerous animal conviction.
· Discretionary Impoundment
o Victim of the offense is a domestic animal.
· Mandatory Sentencing Conditions Upon Conviction for Possession of Dangerous Animal
o Licensing/ registration of dog with Jefferson County.
o Current certificate from a licensed veterinarian showing proof of rabies vaccination.
o Spaying or neutering of animal at owner's expense or evidence that the animal has been spayed or neutered.
o Micro-chipping of animal at owner's expense; owner must notify animal control of any change in owner's address and any change as to ownership of the animal. Verified by animal control.
o Construction of a secure animal enclosure on the property of the owner. Must be inspected by animal control.
o When outdoors in a private yard, the animal must be in the secure enclosure or with a responsible adult in the rear yard with the animal, and a secure six-foot fence must enclose the rear yard. Must be inspected by animal control.
o When walked, animal must be muzzled and walked on a leash no longer than 4 feet in length by a responsible adult who is a minimum of 21 years of age, and is capable of effectively controlling the animal.
o When the animal is away from the property of the owner, the owner shall keep the dangerous animal either in a secure temporary enclosure or securely leashed with a leash no longer than four (4) feet in length held by responsible adult who is a minimum of 21 years of age, and is capable of effectively controlling the animal and the animal must be muzzled.
o Extension style leashes may not be used.
o The leash may not be attached to inanimate objects.
o Owner must 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.
o The owner shall not sell or otherwise transfer the dangerous animal to any person except to an immediate family member who will then be subject to all the same restrictions imposed on the owner. This transfer of ownership information must be provided to the animal control.
o Restitution by owner to the injured or dead domestic animal's owner for an amount equal to the greater of the fair market value or the replacement costs of the domestic animal on the date, but before the time the animal was injured or destroyed.
o Restitution for any reasonable and necessary medical expenses incurred in treating the animal.
o Restitution for any injuries caused to a person.
o 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.
· Discretionary Sentencing Conditions
o Prohibition of ownership of other animals during the period of court ordered supervision.
o Community service work at an animal shelter.
o Attendance at a court approved animal obedience training/ behavior modification / pet management class.
o Owner must obtain a homeowners or renters insurance policy showing at least $100,000 in liability coverage for any damage by injury caused by the dangerous animal. The policy must be for a 12-month period with the requirement that the policy be maintained during the life of the animal.
o The Municipal Court may order euthanasia of the dangerous animal.
Regulation of Owners of Aggressive Animals
· Definition includes any person who owns an animal which engages in the following conduct in the city:
o Approaches any person, without provocation, in a menacing or terrorizing
manner in an attitude of attack, whether or not an attack actually occurs;
o Inflicts a puncture wound, abrasion, or other wound caused by the animal's
teeth upon a person (the injury does not meet the definition of bodily injury
or serious bodily injury); or
o In an attacking manner encroaches over, through, or under a fence onto public property or the private property of another.
· Mandatory Impoundment
o Animal has previously been subject of dangerous animal conviction.
o Animal has previously been subject of aggressive animal conviction.
· Discretionary Impoundment
o No previous aggressive or dangerous offenses involving subject animal.
· Mandatory Sentencing Conditions Upon Conviction for Possession of Aggressive Animal
o Licensing/ registration of dog with Jefferson County.
o Current certificate from a licensed veterinarian showing proof of rabies vaccination.
o Spaying or neutering of animal at owner's expense or evidence that the animal has been spayed or neutered.
o Micro-chipping of animal at owner's expense; owner must notify animal control of any change in owner's address. Verified by animal control.
o Extension style leashes may not be used.
o The leash may not be attached to inanimate objects.
o 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.
· Discretionary Sentencing Conditions
o Community service work at an animal shelter.
o Attendance at a court approved animal obedience/ training / behavior modification / pet management class.
o The Municipal Court may order euthanasia of the aggressive animal that has been previously the subject of a conviction for aggressive or dangerous animal.
Habitual Animal Offender
· Create a new ordinance violation entitled habitual animal offender. An animal owner is deemed to be a habitual animal offender if within any twelve-month period, the animal owner is charged with any animal ordinance violation from which a conviction, guilty plea, no contest plea, deferred judgment, or plea bargain results. The controlling date is the date of any animal ordinance violation, not the date of plea entered or conviction resulting therefrom.
· The recommended sentence will be dependent upon what type of animal violations were involved.
Sanctions for Third Animal - at - Large Violation
· Any animal that is taken into custody by an animal control officer (for the owner's third animal-at-large violation) shall be impounded until the owner's fence or animal enclosure passes animal control inspection or until the court approves other confinement/security measures to avoid future violations.
· Mandatory fencing requirement or other confinement/security measures to avoid future violations as a condition of sentencing.
· 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.
Dog Licensing
· Annual License
o A county dog license shall be required for each dog over the age of four (4) months, residing in the city to promote responsible pet ownership and animal welfare.
· Licensing Requirements
· To obtain a license, the owner must submit proof of a rabies vaccination
administered by a licensed veterinarian within 365 days prior to licensing,
or re-vaccinated thereafter, at the expiration of the vaccination used.
o A dog owner must renew the dog license once every 365 days.
o A dog owner may request an exemption to these provisions and request a reduced license fee if, for medical reasons, his/her dog cannot be vaccinated or spayed/neutered. In this event, a dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the dog is unable medically to be vaccinated or spayed/neutered.
o Licensed facility owners shall be exempt from the license fee provided they submit proof of licensing by the United Stated Department of Agriculture or the Colorado Department of Agriculture.
· License Fee
o Fees: $ 25 for unaltered dogs; $ 7 for altered dogs.
· Administration
o The Jefferson County Animal Control Department will administer the dog licensing, distribute the dog licenses, and maintain electronic and accounting records relating to the dog-licensing program.
o All dog licensing revenue will be distributed to the Table Mountain Animal Center as a means of providing a permanent funding source that will help fund the shelter and mitigate assessments paid by the cities and the county.
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