TOWN OF BLANCA COLORADO

ANIMAL CONTROL ORDINANCE

ARTICLE I. DEFINITIONS

V.010 Generally

V.020 Animal

V.030 Animal Control Officer

V.040 Animal Establishment

V.050 Animal Shelter

V.060 At Large

V.070 Humane Manner

V.080 Kennel

V.090 Neutered

V.100 Nuisance

V.110 Owner

V.120 Person

V.130 Pet Shop

V.140 Restraint

V.150 Vicious Animal

ARTICLE II. LICENSING AND RABIES VACCINATION

V.160 Required--Exemptions

V.170 Vaccination Standards

V.180 Certification of Vaccination

V.190 Registration

V.200 Registration Period and Renewal

V.210 Exemptions

V.220 Rabies Tag

ARTICLE III. PERMITS

V.230 Required for Establishments

V.240 Application

V.250 Fees

V.260 Options for Kennels

V.270 Exemptions

V.280 Violation--Penalty

ARTICLE IV. ISSUANCE AND REVOCATION OF PERMITS AND LICENSES

V.290 Refusal to Comply with Chapter--Failure to Care for Animals

V.300 Inspection Authority

ARTICLE V. OWNER RESPONSIBILITY

V.310 Restraints

V.320 Vicious Animals

V.330 Nuisances

V.340 Violation--Penalty

ARTICLE VI. IMPOUNDMENT

V.350 Procedure

V.360 Animals Maintained in Inhumane Manner

V.370 Liability for Charges

V.380 Destruction of Feral Animals

ARTICLE VII. REDEMPTION

V.390 Fees

V.400 Rabies Quarantine

V.410 Requirement for Registration and Vaccination

ARTICLE VIII. INTERFERENCE

V.420 Prohibited--Penalty

 

CHAPTER 3

ANIMAL CONTROL

ARTICLE I. DEFINITIONS

V.010 Generally.

As used in this Chapter, the words set out in this article shall have the following meanings:

V.020 Animal.

"Animal" means dog, cat, or other mammalian, carnivore or omnivore (this is to include skunks, raccoons, etc.).

V.030 Animal Control Officer.

"Animal Control Officer" means the person or persons designated to enforce this chapter.

V.040 Animal Establishment

"Animal Establishment" means any pet shop, grooming shop, animal auction, performing exhibition, kennel or animal shelter, except these terms do not include veterinary facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by state law or under any other provisions of the U.S. public law.

V.050 Animal Shelter

"Animal Shelter" means a facility designated or recognized by the town for the purpose of impounding or caring for animals.

V.060 At Large.

An animal shall be deemed to be "At Large" when off of the property of the owner and not under restraint.

V.070 Humane Manner

"Humane Manner" means care of an animal to include, but not limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with normal requirements and feeding habits for the animal's size, species and breed.

V.080 Kennel.

"Kennel" means an establishment kept for the purpose of breeding, selling, or boarding animals or engaged in training animals. It also means any individual(s) maintaining a total of more than six animals at a private residence or on a premises.

V.090 Neutered

"Neutered" means rendered permanently incapable of reproduction.

V.100 Nuisance.

An animal shall be considered a "nuisance" if it: damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous or offensive conditions, causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.

V.110 Owner.

"Owner" means a person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person.

V.120 Person.

"Person" means any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

V.130 Pet Shop.

"Pet Shop" means an establishment engaged in the business of buying or selling, at retail, dogs, cats or other animals for profitmaking purposes.

V.140 Restraint.

An animal shall be considered under "restraint" if it is within the real property limits of it's owner or secured by a leash or lead or under the control of a responsible person.

V.150 Vicious Animal.

"Vicious Animal" means an animal that constitutes a physical threat to humans or other domestic animals.

 

ARTICLE II. REGISTRATION AND RABIES VACCINATION

V.160 Required--Exemption.

Except as provided in Article III, no person shall own, keep, or harbor any animal over four months of age within the town unless such animal is vaccinated and registered. The provisions of this article do not apply to animals owned by licensed research facilities or held in a veterinary medical facility or government operated or licensed animal shelter.

V.170 Vaccination Standards.

All animals shall be vaccinated against rabies by a licensed veterinarian, in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization", published by the National Association of State Public Health Veterinarian.

V.180 Certificate of Vaccination.

The owner of each animal shall obtain a certificate of vaccination on a form recommended by the Compendium. Each owner shall also obtain a durable vaccination tag indicating the year in which it was issued.

V.190 Registration

A: Each owner must register an animal within thirty days after obtaining such animal over four months of age.

B: Registration shall include the name and address of the owner and the name, breed, color, age and sex of the animal. Owner shall also pay the prescribed registration fee and provide proof of current rabies vaccination. Cats or other mammalian, carnivore or omnivore (this includes skunks, raccoons, etc.) shall be exempt.

V.200 Registration Period and Renewal.

The registration period shall be for one calendar year. Registration renewal must be applied for within ninety days of the new year. New residents must register animals within thirty days of establishing residency. Owners who fail to register animals will be subject to additional delinquent fees.

V.210 Exceptions

Registration fees shall be waived for dogs serving the blind or deaf or government-owned dogs used for law enforcement. All other registration provisions shall apply.

V.220 Rabies Tag.

Rabies tag must be attached to the collar of the animal. Tag must be worn at all times and are not transferable. The Town Hall shall maintain a record of all registered animals and their owners, and such records shall be available to the animal control officer.

ARTICLE III. PERMITS

 

V.230 Required For Establishments

No person shall operate an animal establishment without first obtaining a permit in compliance with this notice.

V.240 Application

The permit period shall begin with the first day of the fiscal year and shall run for one year. Renewal applications for permits must be made within sixty days prior to the expiration date. Application for a permit to establish a new breeding establishment under the provisions of this chapter may be made at any time.

V.250 Fees.

Annual permits shall be issued upon payment of the application fee:

(1) For each kennel authorized to house less than six dogs or cats, thirty dollars ($30.00).

(2) For each kennel authorized to house six, but no more than forty-nine animals, one hundred dollars ($100.00).

(3) For each kennel authorized to house fifty or more animals, two hundred dollars ($200.00).

(4) For each pet shop, fifty dollars ($50.00).

(5) For other animal establishments, thirty dollars ($30.00).

V.260 Option For Kennels.

A person who operates a kennel of six or more animals may pay an annual permit fee or may elect to license individual animals as provided under Article II. Every facility regulated by this chapter shall be considered a separate enterprise, requiring an individual permit.

V.270 Exemptions

Under the provisions of this chapter, no permit fee shall be required of any animal shelter. All other provisions shall apply. Any change in the category under which a permit is issued shall be reported to the Town Hall within sixty days, whereupon reclassification and appropriate adjustment of the permit fee shall be made.

V.280 Violation--Penalty.

Failure to comply with the provisions of this article is subject to a fine of not less than one-hundred dollars ($100.00), and not more than five-hundred dollars ($500.00).

ARTICLE IV. ISSUANCE AND REVOCATION OF PERMITS AND LICENSES

V.290 Refusal to Comply With Chapter-Failure To Care For Animals.

The Town Hall and/or animal control officer may refuse to issue, or may revoke any permit or license if the person(s) holding the permit or license refuses to comply with this chapter, the regulations promulgated by the Town or if the license or permit holder fails to maintain care of the animals in a humane manner as defined in this chapter or in any other law governing the protection and keeping of animals.

V.300 Inspection Authority.

It shall be a condition of issuance of any permit for an animal establishment that the Town Hall and/or animal control officer shall be permitted to inspect any and all animals and the premises where such animals are kept at any reasonable time during normal business hours without notice. Where a permit is revoked for any cause, or pending appeal of any such action, the Town Hall and/or animal control officer shall have power to enter the premises and into all areas where animals are being kept. A person denied a permit may not reapply for a period of at least thirty days. Each re-application shall disclose any previous denial of revocation and shall be accompanied by a fee.

ARTICLE V. OWNER RESPONSIBILITY

V.310 Restraints

All animals shall be kept under restraint.

V.320 Vicious Animals.

Every vicious animal, as determined by the Town Hail and/or animal control officer, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.

V.330 Nuisances.

No animal shall be allowed to cause a nuisance as defined in V.100. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this chapter.

V.340 Penalty Assessment Schedule for Violation of this Article:

First offense $ 35.00

Second offense $ 50.00

Third offense $100.00

Fourth offense - mandatory Court appearance: minimum $150.00 fine, plus Court costs and jail time of not more than ninety (90) days or both.

ARTICLE VI. IMPOUNDMENT

V.350 Procedure

Any licensed animal found running at large shall be impounded by the animal control officer, or the Blanca Marshal, in an animal shelter and confined in a humane manner. Immediately upon impounding an animal, the Blanca Marshall shall serve the registered owner of the animal with a summons to appear to regain custody of the animal. This summons will include the cost of fines, impoundment fee, and remedy for the return of the animal to its owner. If the owner cannot be served with a summons, then the animal control officer shall make reasonable efforts to contact the owner for up to twenty-four hours. Any animal not reclaimed by the owner shall be held by the animal shelter for a minimum of five (5) days after acquisition by the animal shelter before it may become available for adoption or otherwise disposed of at the discretion of the animal shelter. "days" means days during which the shelter is open to the public. If the animal shelter acquires the pet animal from the owner or an authorized representative of the owner, the pet animal becomes the property of the animal shelter at the time of transfer of the pet animal, and the pet animal may be disposed of by and at the discretion of the animal shelter. If the pet animal is abandoned, as defined in section 18-9-201(1), C.R.S., the pet animal becomes the property of the animal shelter upon acquisition and may be disposed of by and at the discretion of the animal shelter. Pet animals, which in the opinion of the a veterinarian, are experiencing extreme pain or suffering, may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner; however, for pet animals with identification, the animal shelter shall exhaust reasonable efforts to contact the owner for up to twenty-four hours. For the purpose of this section, the term "dispose" means adoption of an animal, return of an animal to the owner, release of a animal to 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., and humane euthanasia.

The town of Blanca will hear the summons as expeditiously as practical and will, in all cases, allow the owner at least two days within the time of impoundment to respond. Failure to answer the summons will result in the destruction of the animal after the mandatory five (5) day waiting period described above, but will not exempt the owner from all fines and or impoundment fees. There will be only one opportunity to redeem the licensed animal. All unlicensed animals caught running at large are subject to being destroyed As above described. Anyone claiming ownership of an unlicensed animal running at large, which has been destroyed, will be fined for licensing and vaccination violations.

V.360 Animals Maintained In Inhumane Manner.

In the event that the Town Board and/or animal control officer finds animals to be suffering or not being maintained in a humane manner as defined in this chapter, it shall have the right forthwith to remove or cause to have removed any such animal to a safe place for care at the owner's expense or to destroy them when necessary to prevent further suffering.

V.370 Liability for Charges.

Disposal of an animal by any method specified in this article does not relieve the owner of liability for violations and any accrued charges.

V.380 Destruction of Feral Animals.

REPEALED

 

ARTICLE VII. REDEMPTION

 

V.390 Fees.

Any animal impounded may be redeemed by the owner thereof within three days upon payment of any impoundment fees. Payment of impoundment fees is not considered to be in lieu of any other fines or penalties. Animals may only be impounded one time. If animals are picked up a second time, they will be destroyed immediately.

V.400 Rabies Quarantine.

Any animal confined for rabies quarantine, evidence, or other purposes will be confined by the owner, and under the supervision of the Town Marshall of Blanca, for the period as required by law.

V.410 Requirement for Registration And Vaccination

Animals required to be registered or vaccinated under this chapter, which are found to be running at large without such proof will be destroyed immediately. A five dollar ($5.00) per day charge will be assessed for every registered animal, every day the animal is confined by the animal control officer.

ARTICLE VIII. INTERFERENCE

V.420 Prohibited--Penalty.

No person shall interfere with, hinder, or molest any agent of the Town Marshall and/or animal control officer in the performance of any duty as provided in this chapter. Any person violating this article shall be deemed guilty of a violation of this ordinance and shall be subject to a fine.