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Good Morning:
On Monday, April 17, Council will review the proposed "Dog Ordinance". Should you have questions or concerns, please e-mail by Monday morning (4-17-06) at _svstack@aol.com_ (mailto:svstack@aol.com) . Respectfully, Vicki Stack Lakewood Council Ward 1
Councilor Vicki Stack was elected to a four-year
term in November 2005.
303-233-2574 svstack@aol.com
Lakewood City Council
STUDY SESSION April 17, 2006, 7:00 P.M.
CITY OF LAKEWOOD, COLORADO
LAKEWOOD CIVIC CENTER 480 SOUTH ALLISON PARKWAY CABINET ROOM
AGENDA
The City of Lakewood does not discriminate on
the basis of race, age,
national origin, color, creed, religion, sex, sexual orientation or disability in the provision of services. For disabled persons needing reasonable accommodations to attend or participate in a City service or program, call 303-987-7080 or TDD 303-987-7057 as far in advance as possible.
ITEM 1 - CALL TO ORDER
ITEM 2 - ROLL CALL
ITEM 3 - DISCUSSION - FOLLOW UP ON DOG ORDINANCE
ATTACHMENT: MEMO <http://www.lakewood.org/citycouncil/2006/04-17-06s/animalmemo.cfm> FROM JANET YOUNG, DEPUTY CITY ATTORNEY
STAFF PERSON: Ron Burns, Chief of Police
City of Lakewood
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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LeeAnn O'Reilly RN,PBMH
Pres.Dog Legislation Council of Canada president@doglegislationcouncilcanada.org www.doglegislationcouncilcanada.org
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