CHAPTER 14
ANIMAL CONTROL

ARTICLE 2
DOG CONTROL

Section 14-2-1. Purpose. The purpose of this ordinance is to regulate the keeping of dogs in the City of Northglenn, to provide for the impounding and disposition of stray dogs found in the City, and to provide for the impounding and disposition of dogs kept or found in violation of the provisions of this ordinance.

[Source: Ord. 1019, 1991]

Section 14-2-2. Title. This ordinance shall be known and cited as the Northglenn Dog Control Ordinance.

[Source: Ord. 1019, 1991]

Section 14-2-3. Rabies Inoculation Required.

(a)

Every dog kept in the City of Northglenn shall be inoculated against rabies by a licensed veterinarian as frequently as recommended by the Compendium of Animal Rabies Control as promulgated by the National Association of State Public Health Veterinarians.

(b)

Any dog not previously inoculated against rabies as required by subsection (a) shall comply with this Section within thirty (30) days after the date on which:

(1)

such dog is brought into the City of Northglenn; or

(2)

such dog is purchased or acquired by the owner.

(c)

Any dog not inoculated in compliance with this Section shall be inoculated by a veterinarian designated by the City, and the owner or keeper of such dog shall be charged for such inoculation.

[Source: Ord. 1019, 1991; 1236, 1999]

Section 14-2-4. Exhibition of Rabies Tag.

(a)

It shall be unlawful for any person to keep within the City of Northglenn any dog required by the provisions of this article to be vaccinated against rabies unless there is fastened to each such dog a collar or harness made of durable material, to which a current rabies vaccination tag is securely attached.

(b)

Any dog required by the provisions of Section 14-2-3 to be vaccinated against rabies, which is running at large in the City of Northglenn without a current rabies vaccination tag shall be seized and impounded by an animal control officer.

(c)

It shall be unlawful to keep any guard dog in the City of Northglenn unless there is fastened on such guard dog, a collar or harness, made of durable material, to which a current rabies vaccination tag is securely attached.

[Source: Ord. 1019, 1991]

Section 14-2-5. Biting Dogs--Reports.

(a)

Any owner of a dog in the City of Northglenn who knows or has probable cause to believe that such dog has bitten another person, shall report such fact to an animal control officer or police officer.

(b)

Any dog reported under the provisions of this section, unless such dog has been vaccinated against rabies as provided by this article, may be confined by order of an animal control officer for rabies observation pursuant to the provisions of Section 14-4-12.

(c)

Any vicious dog may be seized and impounded by an animal control officer. In the event such vicious dog cannot be seized by an animal control officer without exposing the officer to danger or personal injury by such dog, it shall be lawful for such officer, after making every reasonable effort to capture such dog, including the solicitation of assistance from the owner if such owner be ascertainable and available, to forthwith destroy such vicious dog.

(d)

Any owner or keeper of a dog ordered held for observation, pursuant to the provisions of subsection (b) above, shall be assessed a fee as established by contract between the City of Northglenn and the City's designated animal control facility.

[Source: Ord. 1019, 1991]

Section 14-2-6. Miscellaneous Unlawful Acts.

(a)

No person shall affix to the collar or harness of any dog, or permit to remain so affixed, any rabies tag except the rabies tag issued for such dog at the time of its vaccination against rabies.

(b)

No person except the owner thereof shall remove or cause to be removed from the collar or harness of any dog the rabies tag thereto affixed at the time of its vaccination against rabies.

(c)

No person shall keep or possess any dog in the City of Northglenn unless such dog has been vaccinated against rabies as required by this ordinance.

(d)

No person shall willfully cause, instigate, encourage, or promote any dog fight in the City of Northglenn.

(e)

A person, being the owner or keeper of a dog, shall be guilty of dog at large if such dog runs at large within the City. A dog shall be deemed to be running at large when it is off the premises of the owner or keeper and not within the effective control of that owner or keeper, his agent, servant, or competent member of his family, by means of a leash, cord or chain. A dog shall also be deemed to be running at large when it is on an unfenced portion of the premises of the owner or keeper and the owner or keeper is not physically present within eyesight of the dog. For purposes of this definition, the "premises of the owner or keeper" shall not include the common areas of condominiums, townhouses, and apartment buildings, or any public sidewalk, park, or right of way, and any dog not in the effective control of its owner or keeper upon the common area of any condominium, townhouse or apartment building, or any public area, shall be deemed to be running at large. A dog will not be deemed to be running at large in the following circumstances:

(1)

The dog is at a City-designated off-leash dog park; or

(2)

The dog is at a City-approved off-leash special event located on City property. These events include by way of example, but are not limited to, dog obedience classes, dog agility competitions, and frisbee dog exhibitions. A dog may be off-leash at such an event subject to the following:

(A)

The dog must be within voice and sight control of the owner or keeper at all times in such a manner so as not to endanger persons or property;

(B)

The organizer of such an off-leash special event shall obtain a permit from the Parks and Recreation Board. The permit will specify the location of the event, the date and time of the event, and the amount of human and dog participants permitted.

(f)

No person shall intentionally, willfully or negligently cause any dog to attack or bite any person, dog, cat or domestic animal.

(g)

No person shall exhibit to an animal control officer or police officer any rabies tag, or receipt for rabies vaccination of any dog, presenting the same to apply to any dog other than the dog for which such rabies tag or receipt was issued.

[Source: Ord. 1019, 1991; 1329, 2003; 1684, 2014]

Section 14-2-7. Confinement or Muzzling of Dogs During Rabies Danger--Impoundment of Dogs Not Confined or Muzzled. Whenever the Mayor shall find that any danger exists from rabies, plague or other canine-carried disease or that any other danger exists from dogs running at large within the City, he may issue his proclamation requiring every owner, possessor, or keeper of any dog within the City to confine or muzzle securely the same for such time as he may designate, during which time it shall be unlawful for any dog to be within the City unless so confined or muzzled securely with a strong wire or leather muzzle fastened so as to prevent any such dog from biting. It shall be the duty of the animal control officer and all police officers of the City to seize and impound any dog that may be found during the time so designated by the Mayor unless confined or muzzled as provided in this ordinance.

[Source: Ord. 1019, 1991]

Section 14-2-8. Female Dogs in Heat. Any unspayed female dog, while in heat, shall be securely confined during such period in the owner's, possessor's, or keeper's home, pen, or other enclosure.

[Source: Ord. 1019, 1991]

Section 14-2-9. Vicious Dogs.

(a)

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the City of Northglenn any vicious dog.

(b)

No person shall will fully cause, instigate, encourage, or promote any dog to aggressively threaten, attack, attempt to bite, or bite any person or other animal in the City; provided, however, that no violation of this subsection shall be deemed to have occurred where a dog is caused or encouraged to attack any person engaged in attacking or molesting another person.

(c)

For the purpose of this Section 14-2-9, a vicious dog is defined as a dog, which at any place in the City, attacks or bites a human being or dog, cat or domestic animal or which repeatedly charges against a fence in an attempted to attack or charges to the end of its lead in an attempt to attack or has, bitten or attempted to bite; or aggressively threatened by charging, baring its teeth, growling and snapping or otherwise demonstrates vicious behavior toward a human being or another animal; provided, however, that no dog shall be deemed vicious solely by reason of having attacked, threatened, attempted to bite or bitten:

(1)

A person who attacked such dog or who engaged in conduct reasonably calculated to provoke such dog to attack, threaten, or bite such person or another person; or

(2)

Any person engaged in provoking or stopping a dog fight or any altercation between such dog and any other animal; or

(3)

Any person engaged in attacking or molesting another person; or

(4)

Any person engaged in unlawful entering into or upon the fenced or enclosed portion of the premises upon which such dog is kept; or into or upon any automobile or other vehicle parked or stored in, upon, OR on the street adjacent to such premises; or

(5)

Any person engaged in unlawful or unauthorized entering into or UPON any vehicle in which such dog is kept or confined; or

(6)

Any other animal engaged in the unauthorized entry into or upon the fenced or enclosed portion of the premises upon which such dog is kept; or

(7)

Any person other than an authorized police officer or animal control officer engaged in capturing or attempting to capture such dog in the absence of the owner excepting any person attempting to capture a dog on such person's own property.

(d)

Any dog displaying vicious propensities, or having been deemed vicious by any court shall be restrained or confined and secured in an enclosure at all times.

(1)

For the purposes of this Section 14-2-9 restrained shall mean that the dog is under the immediate physical control of a responsible person by a leash or lead and muzzled when not confined or enclosed.

(2)

For the purposes of this Section 14-2-9 confinement shall mean that the dog is housed inside the owner's residence or in a secure enclosure which includes a top permanently attached to opaque sides at least six feet (6') high, a bottom that is either permanently connected to the sides or embedded into the ground no less than one foot (1'), and must be of such material and closed with a gate or door which cannot be opened by the dog or unauthorized persons.

(3)

For the purposes of this Section 14-2-9 temporary enclosure shall be a secure enclosure used for the purposes of transporting the dog and which includes a top and bottom permanently attached to the sides except for a door for removal of the dog. Such enclosure shall be of such material, and such door closed and secured in such a manner, that the dog cannot exit the enclosure on its own.

(e)

Law enforcement canines under the control of their handler and on official business are exempt from the provisions of this Section 14-2-9.

(f)

Notwithstanding any other provisions of this Section 14-2-9, any vicious dog that causes life threatening injuries or death to any person shall be humanly destroyed.

[Source: Ord. 1221, 1999]

Section 14-2-10. Pit Bulls Prohibited. Pit Bulls Prohibited, is hereby repealed in its entirety.

[Source: Ord. 1221, 1999]

Section 14-2-11. Duties of Animal Control Officer. In addition to any other duties which may be required from him by the Manager or by the ordinances of the City;

(a)

The animal control officer may seize and impound any dog which is in violation of any of the provisions or requirements of this Chapter.

(b)

The animal control officer may, whenever a violation of the provisions of this Chapter is committed by any person in his presence or whenever he shall have probable cause to believe that a violation of the provisions of this Chapter has been committed by any person, institute proceedings in the Municipal Court of the City of Northglenn for the prosecution of such violation, by issuing a summons and complaint.

(c)

The animal control officer may, whenever he has reason to believe that any violation of this Chapter has been committed or exists, notify the owner of any dog, or dogs of the existence of such violation and request the discontinuance or correction of such violation within a reasonable time stated within such notice. Such notice shall contain a statement that the ordinances of the City provide for issuance of the summons and complaint for violations of the ordinance, and the possible penalties provided by the ordinance. This provision shall not apply to violations of Sections 14-2-9 and 14-2-10.

(d)

The animal control officer may enter upon private property for the purpose of seizing a dog to be impounded if the animal control officer is in pursuit of a dog which he has probable cause to believe to be in violation of any of the provisions of this Chapter and which has strayed to or taken refuge on such private property in the course of such pursuit, or if such entry onto private property is necessary to remove a danger of imminent bodily harm to a human being, animal, dog or cat.

(e)

The animal control officer may enter upon private property for the purpose of seizing and impounding any dog kept upon such property in violation of the provisions of this Chapter;

(1)

Pursuant to order of a municipal judge; or

(2)

With the permission of the owner or tenant of such property.

(f)

The animal control officer may seize and impound any injured dog found at large in the City, when the owner cannot be immediately located.

(g)

The animal control officer shall dispose of any dead dogs found in the City. If such dead dog has a rabies tag attached, the animal control officer shall notify, or cause to be notified the owner thereof. The animal control officer shall remove and dispose of the rabies tag attached to such dead dog.

[Source: Ord. 1019, 1991]

Section 14-2-12. Release of Impounded Dog--Compliance with Ordinance Procedures.

(a)

No impounded dog shall be released from impoundment except upon compliance with the procedures provided by the Northglenn Impounding Ordinance.

(b)

No impounded dog shall be released from impoundment until the pound fee has been paid to the animal control facility.

(c)

Whenever any dog is released from impoundment, the owner shall be required to sign a receipt for the release of such dog, containing a description of the dog, and an acknowledgment of ownership on the part of such owner.

[Source: Ord. 1019, 1991]

Section 14-2-13. Guard Dogs--Permit Required. Guard Dogs--Permit Required, is hereby amended to read as follows:

(a)

No person shall keep any guard dog for the purpose of guarding or protecting real or personal property, in the City of Northglenn without first obtaining a permit therefor from the City Clerk of the City of Northglenn.

(b)

Application for the permit required by this section shall be made to the City Clerk and shall be accompanied by payment of an initial application fee of fifty dollars ($50.00) and an additional permit fee of twenty-five dollars ($25.00) for each dog therein described. The permit will specify the location at which such dog is to be kept, shall be non-transferable to any other location and shall expire on the date specified in the permit, which date shall not be later than one year after the date of issuance.

(c)

No person shall keep any guard dog for the purpose of guarding or protecting real or personal property unless such dog is securely confined within a building or enclosure, with provision for adequate safeguards, against entry thereto by children and against accidental or unintentional entry by any person. Such building or enclosure shall be marked with a sign declaring the danger at every door, gate or entrance thereto and at intervals of every 100 feet of fenced enclosure.

(d)

It shall be unlawful for any person, firm, corporation, or association to cause to permit any dog to be kept in violation of this section; and any dog so kept in violation of this section may be seized and impounded by the animal control officer.

(e)

No vicious dog, as defined in Section 14-2-9, shall be licensed as a guard dog.

[Source: Ord. 1019, 1991; 1221, 1999; 1384, 2004]

Section 14-2-14. Barking Dogs. It shall be unlawful for any person to own, keep, or have in his possession or harbor any dog which, without provocation, by frequent or habitual howling, barking, or otherwise, shall cause annoyance or disturbance to any persons. This section shall not apply to an animal control officer in the performance of his duties nor to hospitals conducted for treatment of dogs and small animals.

[Source: Ord. 1019, 1991]

Section 14-2-15. Sanitation. The owner of any dog kept in the City of Northglenn shall cause excreta to be removed from any dog run or yard in which such dog is kept to prevent contamination of the dog and to prevent diseases, hazards and odors. The accumulation of excreta upon any premises in violation of the provisions of this section shall be unlawful and shall be deemed a public nuisance.

[Source: Ord. 1019, 1991]

Section 14-2-16. Violations--Penalty.

(a)

It shall be unlawful for any person to violate any of the provisions of this ordinance, Article 2 of Chapter 14 of the Municipal Code of the City of Northglenn.

(b)

Proceedings for prosecution of violations of Section 14-2-6 (e) of this article shall be conducted in compliance with the applicable procedural requirements of Section 14-4-14 of this chapter.

(c)

Violations of the provisions of Section 14-2-6 (e) of this article shall be punishable by a fine of at least twelve dollars ($12.00) for the first offense within a one (1) year time period measured from the date of any prior violation of said provision. Additional violations within a one (1) year period shall be punishable by fines of at least twenty-five dollars ($25.00) for a second offense and at least sixty dollars ($60.00) for each offense thereafter. No single violation shall be punishable by a fine of more than four hundred ninety-nine dollars ($499.00).

(d)

Violations of the provisions of Section 14-2-9 shall be punishable as follows:

(1)

For a first violation involving a threatening of, attack upon, or biting of, a human being, a mandatory fine, not subject to suspension, of not less than two hundred dollars ($200.00) and the mandatory implantation in the dog of a unique identifying computer microchip by a licensed veterinarian at the owner's expense plus any additional penalty allowed hereunder, including the humane destruction of the dog, which the court deems proper. Evidence of such implantation and the unique identifying microchip number shall be certified by the veterinarian to the City's animal control officer(s) within ten (10) days of conviction or upon release of the dog from impoundment, whichever is less.

(2)

For the second violation involving the threatening of, attack upon, or biting of, a human being by the same dog as was involved in the first violation, or any dog owned by the same person over a three (3) year period following the first violation, a fine of not less than three hundred fifty dollars ($350.00) and the owner of the dog shall be required to obtain and maintain liability insurance on the dog in an amount of at least one hundred thousand dollars ($100,000) the evidence of such insurance shall be made by the insurer to the City's animal control officer(s), to spay or neuter the dog, to keep the dog securely confined as defined in subsection (d) when on the property of the owner, to keep the dog securely leashed and muzzled or secured in a temporary enclosure as defined in subsection (d) when away from the property of the owner, to refrain from selling or transferring ownership of the dog, to notify the City's animal control officer(s) immediately if the dog is lost or stolen, and/or any additional penalty allowed hereunder, including the humane destruction of the dog, which the court deems proper.

(3)

For a third violation involving the threatening of, attack upon, or biting of a human being by the same dog as was involved in the first or second violation, or any dog owned by the same person over a three (3) year period following the first or second violation, a fine or not less than four hundred ninety-nine dollars ($499.00) and a mandatory jail sentence, not subject to suspension, of not less than five (5) days. Additionally, the dog shall be humanely destroyed.

(4)

Notwithstanding any other provisions of this Section 14-2-9, any vicious dog that causes life threatening injuries or death to any person shall be destroyed.

(e)

Violations of provisions of Section 14-2-13 of this article shall be punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the City jail or county jail for not more than ninety (90) days or by both fine and imprisonment.

(f)

Except as otherwise provided in Section 14-2-16 (b), (c), (d) and (e) of this article, violations of the provisions of this Article 2 of Chapter 14 of the Municipal Code shall be punishable as provided in Section 1-1-10 (a) (2) of this Code.

[Source: Ord. 1130, 1995; 1221, 1999; 1392, 2005]

Section 14-2-17. Severability Clause. If any provisions of this article or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

[Source: Ord. 1019, 1991]