CHAPTER 14
ANIMAL CONTROL

ARTICLE 3
CATS AND ANIMALS

Section 14-3-1. Estrays. When any estray shall be found in the City of Northglenn, the animal control officer shall pick up such estray, shall within five (5) days thereafter, unless such estray is first claimed by the owner, notify by mail the state board of stock inspection commissioners, and shall otherwise comply with the provisions of article 4 of Chapter 8, Colorado Revised Statutes 1963, as amended. Such estray shall be kept and cared for as provided by the Northglenn Impounding Ordinance.

[Source: Ord. 196, 1973]

Section 14-3-2. Impounding of Cats.

(a)

The animal control officer may seize and impound any cat which is found strayed or running at large in any public highway, street or public way, or upon public property.

(b)

The animal control officer may seize and impound any cat which is in violation of the provisions of this ordinance.

[Source: Ord. 196, 1973]

Section 14-3-3. Impounding of Animals. The animal control officer may seize and impound any domestic animal except an estray as defined in Section 14-1-1(g), or any reptile which is found running at large in the City.

[Source: Ord. 106, 1973]

Section 14-3-4. Entry on Private Property. The animal control officer may enter upon private property for the purpose of seizing a cat, domestic animal or reptile to be impounded, or for the purpose of seizing an estray, which has strayed to or taken refuge on such private property in the course of pursuit thereof by the animal control officer, or if such entry onto private property is necessary to remove or prevent a hazard or danger to any person or property, or if such entry is authorized by order of a municipal judge. The animal control officer may enter upon private property, with the consent of the owner of such property, in the performance of his duties under this ordinance.

[Source: Ord. 196, 1973]

Section 14-3-5. Removal of Dead and Injured Cats, Domestic Animals and Reptiles. The animal control officer may remove or cause to be removed from any public or private place in the City any dead or injured cat, domestic animal or reptile, and thereupon impound or destroy the same. If any dead or injured cat has a rabies tag attached, the animal control officer shall notify, or cause to be notified, the owners thereof.

[Source: Ord. 196, 1973]

Section 14-3-6. Rabies Inoculation Required.

(a)

Every cat kept in the City of Northglenn shall be inoculated against rabies by a licenses 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 cat 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 cat is brought into the City of Northglenn; or

(2)

such cat is purchased or acquired by the owner.

[Source: Ord. 196, 1973; 1236, 1999]

Section 14-3-7. Exhibition of Rabies Tag.

(a)

It shall be unlawful for any person to keep within the City of Northglenn any cat required by the provisions of Section 14-3-6 to be vaccinated against rabies unless:

(1)

there is fastened on each such cat a collar or harness made of durable material, to which a current rabies vaccination tag is securely attached, or

(2)

the owner of such cat has in his possession, and exhibits to the animal control officer, evidence that such cat has been vaccinated against rabies within the time required by this ordinance.

[Source: Ord. 196, 1973]

Section 14-3-8. Unlawful Acts.

(a)

No person shall keep or possess an adult cat unless such cat has been vaccinated against rabies as required by Section 14-3-6 of this ordinance.

(b)

It shall be unlawful for the owner of any cat or potbellied pig to permit or allow such cat or potbellied pig to run at large. Whenever any cat or potbellied pig shall be found running at large in the City, it shall be presumed until the contrary appears that such cat or potbellied pig is permitted by the owner of such cat or potbellied pig to run at large.

(c)

It shall be unlawful for the owner of any female cat in heat to permit the same to run at large, or to fail to keep the same confined within a building or enclosure.

(d)

It shall be unlawful for any person to keep or possess, in the City of Northglenn any Canada lynx, cougar, tiger, leopard, mountain lion, panther, puma, bob cat, lynx cat, wild cat, timber wolf, grey wolf, prairie wolf, fox, coyote, badger, raccoon, hybrid wolf-dog, or any animal now or hereafter classified as a precatory animal by the statutes of the State of Colorado except as provided in Section 14-3-8(e) of this ordinance. A hybrid wolf-dog is defined as any dog displaying the majority of physical traits of a timber wolf, grey wolf, or prairie wolf.

(e)

Section 14-3-8(d) shall not apply to animals kept in secure confinement upon premises occupied and used for purposes of a circus, exhibition or other entertainment when such animals are kept in the City of Northglenn for not more than seven (7) days.

(f)

It shall be unlawful for any person to own, keep, have in his possession or harbor any cat, potbellied pig or domesticated animal which without provocation, shall cause annoyance or disturbance to any person by habitual howling, barking, meowing, squawking, squealing or otherwise disturbing the peace. This section shall not apply to an animal control officer in the performance of his duties, nor to hospitals conducted for treatment of small animals and cats.

(g)

The owner of any cat, potbellied pig, domestic animal or reptile kept in the City of Northglenn shall cause excreta to be removed from any pen, cage or yard in which such cat, potbellied pig, domestic animal or reptile is kept to prevent contamination, 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.

(h)

It shall be unlawful for any person to permit or allow a horse on publicly owned or maintained park or open space property, including trails, unless such person has received written permission from the City Manager in the form of a permit or license for a special event or parade.

[Source: Ord. 196, 1973; 271, 1973; 1048, 1992; 1075, 1993; 1546, 2009]

Section 14-3-9. Biting Cats and Animals--Reports.

(a)

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

(b)

Any person who knows or has probable cause to believe that any cat, domestic animal or reptile in the City of Northglenn has bitten any person or has bitten another cat, domestic animal or dog, may report such fact to an animal control officer or police officer.

(c)

Any cat, domestic animal or reptile reported under the provisions of this section, unless theretofore 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.

[Source: Ord. 246, 1973]

Section 14-3-10. Duties of Animal Control Officer. In addition to any other duties which may be required from him by the administrator or by the ordinances of the City:

(a)

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

(b)

The animal control officer may, whenever a violation of the provisions of this ordinance 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 ordinance 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 a violation under the provisions of this ordinance 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 ordinance has been committed by any person, issue a warning notice requiring the correction or discontinuance of any violation or existing condition within a period of not more than seven (7) days.

(d)

The animal control officer may, whenever he has reason to believe that any violation of this ordinance has been committed or exists, notify the owner of any cat, or cats, 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 may 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.

(e)

The animal control officer may enter upon private property for the purpose of seizing a cat to be impounded if the animal control officer is in pursuit of a cat which he has probable cause to believe to be in violation of any of the provisions of this ordinance 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.

(f)

The animal control officer shall seize and impound any cat which is in violation of any of the provisions of this ordinance.

(g)

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

(h)

The animal control officer shall dispose of any dead cats found in the City. If such dead cat 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 cat.

[Source: Ord. 196, 1973]

Section 14-3-11. Violations--Penalty.

(a)

It shall be unlawful for any person to violate any of the provisions of this ordinance, article 3 of Chapter 14 of the Municipal Code.

(b)

Proceedings for prosecution of violations of Section 14-3-8(b) of this article shall be commenced only in compliance with the procedural requirements of Section 14-4-14 of this chapter.

(c)

Except as provided in Section 14-3-11(b) of this article, violation of any of the provisions of this ordinance, Article 3 of Chapter 14 of the Northglenn Municipal Code, shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 318, 1974; 1130, 1995]

Section 14-3-12. Severability Clause. If any provisions of this ordinance, 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. 196, 1973]

Section 14-3-13. Three or More Rabbits--License Required.

(a)

Any person residing in the City of Northglenn desiring to keep upon the premises upon which he resides three (3) or more rabbits may apply for a license pursuant to the provisions of this ordinance.

(b)

A license issued under this ordinance may authorize the keeping by the person named in the license, and members of the immediate family of such person, upon the premises stated in the license, of the number of rabbits stated in the license as family pets.

(c)

The keeping of rabbits for commercial purposes in residential zones is prohibited by the zoning ordinance, Chapter 11, of the Municipal Code, and a license issued under this ordinance does not authorize the keeping of rabbits for commercial purposes.

(d)

Application for such license shall be made to the City Clerk upon forms provided by the City and accompanied by payment of a license fee of ten dollars ($10.00). Such application shall contain such information as the City Clerk may require for purposes of enforcement of the provisions of this ordinance, including at least the following:

(1)

The name and address of the applicant;

(2)

A description of the rabbits proposed to be kept and the number thereof;

(3)

A statement of the number of rabbits, if any, kept at the same premises by any other person, and the name of such person.

(e)

The holder of a license issued pursuant to the provisions of this ordinance may make application for an amended license as provided in Section 14-3-13(d).

[Source: Ord. 646, 1982]

Section 14-3-14. Limitation on Number of Rabbits Kept.

(a)

No occupant of any residential dwelling unit in the City shall keep or permit to be kept upon the premises more than two (2) rabbits, unless such occupant or another occupant of the same dwelling unit has obtained and has in effect a license under the provisions of this ordinance authorizing the keeping of more than two rabbits.

(b)

No occupant of any residential dwelling unit in the City for which a license authorizing the keeping of more than two rabbits has been issued under the provisions of this ordinance shall keep or permit to be kept upon such premises any rabbit or rabbits in excess of the number authorized by such license.

(c)

No license issued under the provisions of this ordinance shall authorize the keeping of more than six (6) rabbits upon the premises of the same dwelling unit.

[Source: Ord. 334, 1974]

Section 14-3-15. Limitation on Area and Location of Keeping Rabbits.

(a)

The total area used for keeping of rabbits on the premises of any dwelling shall not exceed five hundred (500) square feet.

(b)

Any area used for keeping of rabbits pursuant to a license issued under the provisions of this ordinance shall be located at the rear of the lot and shall not be located within seventy-five (75) feet of any dwelling.

[Source: Ord. 334, 1974]

Section 14-3-16. Cancellation, Suspension or Revocation of License.

(a)

Any license issued under the provisions of this ordinance for the keeping of rabbits shall be subject to cancellation, suspension and revocation as provided by article 1 of Chapter 18 of the Municipal Code.

(b)

In addition to the grounds stated in said article 1 of Chapter 18 of the Municipal Code, the following shall be grounds for suspension or revocation of such license.

(1)

The keeping of rabbits in such manner as to create a nuisance.

(2)

Mistreatment of rabbits by the licensee.

(c)

Except as otherwise provided in this section, proceedings for the cancellation, suspension or revocation of any license issued under the provisions of this ordinance shall be as provided in Section 14-2-17 and article 1 of Chapter 18 of the Municipal Code.

[Source: Ord. 334, 1974]

Section 14-3-17. Reserved.

Section 14-3-18. Keeping of Chickens.

(a)

Purpose. This section is established to provide for regulations regarding the keeping of domestic chickens on residential properties with separately enclosed rear yards as outlined in Section 11-7-2 of the Northglenn Zoning Ordinance. More specifically, the purpose of this Section is to provide for the following:

(1)

Regulate the number of chickens allowed on specific properties;

(2)

Regulate the dimensional requirements and parameters of accessories associated with the domestication of chickens;

(3)

Provide for adequate protection of chickens in association with existing ordinances;

(4)

Provide for appropriate regulations with regard to nuisances created by the keeping of chickens;

(5)

Establish a licensing protocol for the keeping of chickens; and

(6)

This Section 14-3-18 does not supersede the covenants of any subdivision or homeowners association.

(b)

Animal Protection. Protection of animals, including chickens is regulated by Chapter 9, Article 7 (Animal Protection Ordinance) of the Northglenn Municipal Code.

(c)

Nuisance. Any nuisance associated with the keeping of chickens shall be regulated by Chapter 9, Article 11 (Northglenn Nuisance Ordinance) of the Northglenn Municipal Code.

(d)

Disruption of coops by wildlife. The City shall not regulate or otherwise be deemed to have any responsibility for conflicts with the keeping of chickens created by wildlife.

(e)

Licensing of Chickens. Any person residing in the City of Northglenn desiring to keep upon their premises chickens, as defined in 14-1-1 of the Northglenn Municipal Code, must apply for a license pursuant to the provisions of this Section 14-3-18.

(f)

A license issued under this Section 14-3-18 may authorize the keeping by the person named in the license, and the members of the immediate family of such person, upon the premises stated in the license, or the number of chickens stated in the license.

(g)

A one-time application for such license shall be made to the Department of Planning and Development upon forms provided by the City and accompanied by payment of a license fee of twenty-five dollars ($25.00). Such application shall contain such information as the Department of Planning and Development may require for purposes of enforcement of the provisions of this Section 14-3-18, including at least the following:

(1)

The name and address of the applicant;

(2)

An acknowledgment of the regulations for the keeping of chicken hens as prescribed by this Section 14-3-18;

(3)

Any license issued under the provisions of this Section 14-3-18 for the keeping of chickens shall be subject to cancellation, suspension and revocation as provided by Article 1 of Chapter 18 of the Municipal Code.

(4)

Except as otherwise provided in this section, proceedings for the cancellation, suspension or revocation of any license issued under the provisions of this ordinance shall be as provided in Section 14-2-17 and Article 1 of Chapter 18 of the Municipal Code.

(5)

The holder of a license issued pursuant to the provisions of this Section 14-3-18 may make application for an amended license as provided in Section 14-3-18(d).

(6)

Upon the decision of the license holder to cease the raising of chickens, the license holder shall notify Planning and Development.

(h)

Maximum Numbers. No more than six (6) chickens are permitted per parcel.

(i)

Gender Restriction. Females of the species (chicken hens) are allowed to be kept on the premises. Roosters or males of the species are prohibited.

(j)

Outdoor Space Requirement. Chickens must be provided a minimum of twenty (20) square feet of permeable surface per bird and must be provided a coop that is predator resistant. Chicken coops are not subject to the architectural standards of accessory structures and shall not be included as part of lot requirements for the percentage of structure occupying the rear yard area.

(k)

Coop Size and Placement. Chicken hen coops must adhere to the following size and placement regulations:

(1)

Chicken Coop Size. Must not exceed one hundred and twenty (120) square feet, and must provide at least four (4) square feet of space per bird.

(2)

Chicken Coop Height. Must not exceed six (6) feet in height.

(3)

Chicken Coop Placement. Must be placed five (5) feet from property fence line and twenty (20) feet from residence or primary structure on adjacent property. Coops must reside in the rear yard of the premises as defined by 11-5-2(b)(191) of the Northglenn Municipal Code.

(l)

Chicken Ranging. Chicken hens are restricted to the rear yard of any parcel in a residential zoning district. Chickens may range up to the property line but must be kept in the required chicken coop from dusk until dawn.

(m)

Fencing. Chicken hens kept in the rear yard must be contained by a fence adequate to contain animals. The fence must be a minimum of four (4) feet in height.

(n)

Slaughtering. Chicken hens may not be killed, on the premises, by or at the direction of the owner or keeper except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian for such purpose, or as otherwise expressly permitted by law.

(o)

Excrement. The owner of any chicken hens kept in the City of Northglenn shall cause excreta to be removed from any pen, cage, coop or yard in which such chickens are kept to prevent contamination, 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 in accordance with Chapter 9, Article 11 (Northglenn Nuisance Ordinance) of the Northglenn Municipal Code.

(p)

The licensing of chicken hens provided herein shall not be deemed a property use within the meaning of C.R.S. § 38-1-101(3)(a), and nothing in this Ordinance shall be deemed to confer a property right, but shall instead authorize a mere license for the activity of keeping chicken hens.

[Source: Ord. 1713, 2016]

Section 14-3-19. Keeping of Honey Bees.

(a)

Purpose. This Section is established to provide for regulations regarding the keeping of honey bees on residential properties with separately enclosed rear yards and as outlined in Section 11-7-2 of the Northglenn Zoning Ordinance. This Section does not regulate the keeping of bees on open space, parks or community gardens. More specifically, the purpose of this Section is to provide for the following:

(1)

Establish certain requirements of sound beekeeping practices, which are intended to regulate the keeping of honey bees in populated areas;

(2)

Regulate the number and placement of hives on the property;

(3)

Provide for adequate protection of honey bees consistent with existing City regulations;

(4)

Provide for appropriate regulations with regard to nuisances created by the keeping of honey bees;

(5)

Establish a licensing protocol for the keeping of honey bees; and

(6)

This Section 14-3-19 does not supersede the covenants of any subdivision or homeowners association.

(b)

Animal Protection. Protection of animals, including honey bees is regulated by Chapter 9, Article 7 (Animal Protection Ordinance) of the Northglenn Municipal Code.

(c)

Nuisance. Any nuisance associated with the keeping of bees shall be regulated by Chapter 9, Article 11 (Northglenn Nuisance Ordinance) of the Northglenn Municipal Code.

(d)

Disruption of hives by wildlife. The City shall not regulate or otherwise be deemed to have any responsibility for conflicts with the keeping of bees created by wildlife.

(e)

Licensing of Honey Bees. Any person residing in the City of Northglenn desiring to keep upon their premises bees, as defined in 14-1-1 of the Northglenn Municipal Code must apply for a license pursuant to the provisions of this Section 14-3-19.

(1)

A license issued under this Section 14-3-19 may authorize the keeping by the person named in the license, and the members of the immediate family of such person, upon the premises stated in the license, or the number of honey bee hives stated in the license.

(2)

Application for such license shall be made to the Department of Planning and Development upon forms provided by the City and accompanied by payment of a license fee of twenty-five dollars ($25.00). Such application shall contain such information as the Department of Planning and Development may require for purposes of enforcement of the provisions of this Section 14-3-19, including at least the following:

(A)

The name and address of the applicant;

(B)

An acknowledgment of the regulations for the keeping of honey bees as prescribed by this Section 14-3-19.

(3)

Any license issued under the provisions of this section 14-3-19 for the keeping of honey bees shall be subject to cancellation, suspension and revocation as provided by Article 1 of Chapter 18 of the Municipal Code.

(4)

Except as otherwise provided in this section, proceedings for the cancellation, suspension or revocation of any license issued under the provisions of this ordinance shall be as provided in Section 14-2-17 and article 1 of Chapter 18 of the Municipal Code.

(f)

Maximum Number. No more than two (2) honey bee hives are permitted per parcel.

(g)

Hive Placement. Hives must be placed in the rear yard.

(h)

Aggressive bees and swarms. If a colony becomes aggressive or swarms, the beekeeper shall re-queen the colony with a queen selected from stock bred for gentleness and nonswarming characteristics.

(i)

Hive Screening Required. The beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that will not allow the bees to pass through, and that is located within five (5) feet from the hive's egress, and is parallel to the property line and extending ten (10) feet beyond the colony in each direction so that all honey bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in the vicinity of the apiary.

(j)

Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the honey bees so that the honey bees are discouraged from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, or domestic pet contact.

(k)

Prohibited. Africanized bees shall be prohibited.

(l)

Maintenance of hives. Any honey bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees or colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and shall be deemed a public nuisance in accordance with Chapter 9, Article 11 (Northglenn Nuisance Ordinance) of the Northglenn Municipal Code. The hive may be summarily destroyed or removed from the City by an appropriate designee. The beekeeper will have thirty (30) days from the time of the complaint to bring the hive/hives into compliance.

(m)

The licensing of honey bees provided herein shall not be deemed a property use within the meaning of C.R.S. § 38-1-101(3)(a), and nothing in this Ordinance shall be deemed to confer a property right, but shall instead authorize a mere license for the activity of keeping honey bees.

[Source: Ord. 1714, 2016]