Animal Control Ordinance

C.1. Dog Licensing

To promote responsible pet ownership and animal welfare, a license shall be required for each dog over the age of four (4) months that resides or is kept in unincorporated Jefferson County. Even if the dog does not reside in Jefferson County full time, any dog that is kept or harbored in unincorporated Jefferson County for 30 cumulative days or more within the prior 365-day period shall be required to have a current license.

1. The County-Wide Licensing Administrator shall administer the dog-licensing program, distribute the dog licenses, and maintain all records relating to the dog-licensing program.
2. To obtain a license, a dog owner must submit proof of a rabies vaccination administered by a licensed veterinarian within 365 days prior to licensing, or, if a booster vaccination, within the time period recommended by the annual compendium of animal rabies control.
3. Licensing fees and exceptions from licensing shall be set by resolution by the Board of County Commissioners (BCC).
4. A dog owner must renew this license once every 365 days.
5. A dog owner may request an exemption to the vaccination provision if, for medical reasons, his/her dog cannot be vaccinated. In this event, a dog owner must submit an affidavit from a licensed veterinarian stating the reason why the dog is unable to be vaccinated.

See also: Regulations — Dog Licensing

C.2. Failure to Have a License

A dog owner commits a Petty Offense punishable under E.5.a. if he/she fails to obtain a license from the County-Wide Licensing Administrator for any dog that is four months old or older as provided in this ordinance.

C.3. No License Tag Attached To Dog

A dog owner commits a Petty Offense punishable under E.5.a. if he/she fails to attach the license tag to his/her dog by means of a collar or harness. The license does not need to be attached by means of a collar or harness when the dog is on the dog owner's premises, at a local or national dog association competitive event or at a pet animal facility. Dogs that do not have the license tag attached to the collar (when on the dog owner's premises or at the local or national dog association competitive event or at a licensed facility) must have an implanted microchip that identifies the dog owner.

C.4. Misrepresentation of Licensing or False Information

A dog owner commits a Petty Offense punishable under E.5.a., if a tag evidencing licensing for another dog is affixed to the collar of his/her dog or if a dog owner provides false information on a license application or makes a false statement regarding residency.

C.5. Duty to Report Animal Bite

1. Any person having knowledge of a pet animal or other mammal bite causing bodily injury to a person shall report the incident to Animal Control. This report shall include:
   1. The name, address and phone number of the owner if known.
   2. The name, address and phone number of all persons treated.
   3. Specific information regarding the circumstance of the bite.
2. Any licensed medical practitioner who attends and treats a person or persons for a bite inflicted by a pet animal or other mammal shall report such treatment to the Animal Control Unit within twenty-four (24) hours of the treatment.
3. When no physician attends, the parent or guardian of any child bitten, when the bite caused bodily injury, shall, within twenty-four (24) hours after first having the knowledge that the child was bitten, make a complete report. When no physician attends a bitten adult, when the bite causes bodily injury, the adult or person caring for him/her shall make the report.
4. Any veterinary practitioner or pet animal facility who has knowledge of an animal bite that caused bodily injury shall report the bite to the Animal Control unit within 24 hours.
5. Any veterinary practitioner or pet animal facility which learns of or otherwise has knowledge of a pet animal that was bitten, attacked or had close contact with a rabies-vector species shall report the possible exposure to the Animal Control Unit within 24 hours.

See also: Regulations — Bite Reporting

C.6. Failure to Report Animal Bite or Rabies-Vector Exposure

A person (over 18 or guardian of a minor), a physician or veterinarian commits a Petty Offense punishable under E.5.a., if he/she fails or refuses to report to the Animal Control Unit a pet animal bite which causes bodily injury to a person within twenty-four (24) hours of occurrence or fails to report an incident of person or pet contact with a rabies-vector species. A person who fails to report an animal bite or contact with a rabies-vector species for any pet animal or other mammal in accordance with C.R.S. §25-4-603 shall be guilty of a Petty Offense in accordance with C.R.S. §25-4-614. A complete report must include the pet animal or other mammal's owner name, address, and phone number and specific information regarding the bite. Each day of such failure or refusal shall constitute a separate violation.

C.7. Biting Animals — Quarantine

Any pet animal or other mammal that has bitten or is suspected of having bitten a person causing bodily injury and meets the criteria established by Jefferson County Public Health or the Colorado Department of Public Health and Environment to need to be quarantined, shall be immediately confined for a minimum of ten (10) days from the date of the bite to be observed for symptoms of rabies. A quarantine is required whether or not the animal has ever received a rabies vaccine. During the quarantine period, the animal may not be taken for a walk, taken on vacation, sold, given away, euthanized, killed, relocated, or allowed contact with people or animals other than those with whom it resides unless written authorization from the Animal Control Unit or Jefferson County Public Health has been obtained. The quarantine location is to be at the discretion of the Animal Control Unit. Any costs incurred as a result of any quarantine are the sole responsibility of the animal owner.

If a veterinarian learns that a pet animal has inflicted a bite to a person within the preceding ten (10) days or that a pet animal had physical contact with wildlife within the preceding 120 days, the veterinarian may not euthanize the animal unless he/she contacts Animal Control to arrange for rabies testing of the euthanized animal. The animal owner or veterinarian will be responsible for any costs of rabies testing, as determined by either Jefferson County Public Health, the Colorado Department of Public Health and Environment (CDPHE), or the Colorado State University (CSU) Veterinary Diagnostic Lab. Failure to abide by these provisions shall be considered violating quarantine as defined in this regulation.

C.8. Violating Quarantine

An owner of a pet animal commits a Petty Offense punishable under E.5.a., if his/her pet animal violates the quarantine requirements. A person who fails to comply with quarantine requirements for any pet animal or mammal shall be guilty of a Petty Offense in accordance with C.R.S. §25-4-614.

C.9. Duty to Produce Animal — Quarantine

1. An owner of a pet animal commits a Petty Offense punishable under E.5.a., if he/she refuses to produce the pet animal that has bitten or is suspected of having bitten a person causing bodily injury or the animal is suspected of being exposed to a rabies-vector wildlife animal. Each day of such refusal shall constitute a separate violation. A person who refuses to produce any animal that has bitten or is suspected of having bitten a person causing bodily injury shall be guilty of a Petty Offense in accordance with C.R.S. §25-4-614.
2. If an animal has not been produced for quarantine within 36-hours of the owner being made aware of the quarantine requirement, an Animal Control Officer, Deputy Sheriff or Public Health Official may apply for a search warrant from the County Court, authorizing the temporary seizure of the animal for quarantine/observation at the Animal Shelter.

C.10. Duty to Report Pet or Livestock Exposure to Wildlife

1. A person, (over 18 or guardian of a minor), or any veterinarian treating an injured pet animal or livestock animal, must report any bites, altercations, or contact between pet animals or livestock and wildlife within twenty-four (24) hours of occurrence.
2. If criteria established by Jefferson County Public Health or the Colorado Department of Public Health and Environment indicates the animal needs to be quarantined, the provisions set forth in C.7 shall apply.

C.11. Failure to Report Pet/Livestock/Wildlife Contact

A person (over 18 or guardian of a minor) commits a Petty Offense punishable under E.5.a., if he/she fails or refuses to report to the Animal Control Unit any bites, altercations, or contact between a pet animal and wildlife within twenty-four (24) hours of occurrence. A person who fails or refuses to report any bites, altercations, or contact between livestock and a wildlife animal in accordance with C.R.S. §25-4-602 shall be guilty of a Petty Offense in accordance with C.R.S. §25-4-614. A complete report must include the pet animal or other mammal's owner name, address, and phone number and specific information regarding the bite, altercation or occurrence. Each day of such failure or refusal shall constitute a separate violation.

D.1. Dogs at Large, Dogs Off Leash, and Biting Dogs

• a. Dog at Large/Encroaching: A dog owner commits a Petty Offense punishable under E.5.a. if his/her dog is at large in the County or commits an encroachment as defined by this regulation.
• b. Dog at Large or Encroachment and Biting: A dog owner commits a Class II Misdemeanor punishable under E.5.b. if his/her dog is at large in the County and bites a person causing bodily injury, or commits an encroachment and bites a person causing bodily injury.
• c. Unlicensed Dog and Biting: A dog owner commits a Class II Misdemeanor punishable under E.5.b. if his/her dog bites a person causing bodily injury and said dog has not been licensed.
• d. Dog Biting Off Premises and Under Owner's Control: A dog owner commits a Class II Misdemeanor punishable under E.5.b. if his/her dog bites a person causing bodily injury while off the dog owner's premises and under the control of the dog owner.
• e. Affirmative Defense: An affirmative defense to a violation of D.1.c or D.1.d. shall be:
  1. at the time of the bite, the victim was committing or attempting to commit a criminal offense against the dog's owner; or
  2. at the time of the bite, the victim tormented, provoked, abused, or inflicted injury upon the dog in an extreme manner, which resulted in the bite.
• f. Dog Off Leash: Except as permitted in designated locations, a dog owner commits a Petty Offense punishable under E.5.a. if his/her dog is off leash.
• g. Dog Off Leash and Biting: A dog owner commits a Class II Misdemeanor punishable under E.5.b. if his/her dog bites a person causing bodily injury while the dog is off leash.

See also: Regulations — Leash Law

D.2. Nuisance Dogs, Vicious Dogs, and Dogs At Large Causing Bodily Injury

• a. Nuisance Dog: A person commits a Petty Offense punishable under E.5.a. if he/she owns, harbors, keeps, controls or has custody of a nuisance dog as defined in this regulation.
• b. Dog Off Leash or Dog At Large and Dog Causes Bodily Injury: A dog owner commits a Petty Offense punishable under E.5.a. if his/her dog is off leash or is at large in the County or commits encroachment and, as a result of either of the foregoing, a person sustains bodily injury other than a dog bite (i.e., an injury sustained in the process of avoiding, retreating from, or impounding a loose dog).
• c. Vicious Dog: A person commits a Petty Offense punishable under E.5.a. if he/she owns, harbors, keeps, controls or has custody of a vicious dog as defined in this regulation.
• d. Dog at Large or Off Leash or Encroachment Causing Property Damage: A dog owner commits a Petty Offense punishable under E.5.a. if his/her dog is at large or off leash or commits encroachment and, as a result of any one of the foregoing, causes property damage as defined in this regulation.

D.3. Habitual and Persistent Barking Dog

1. Harboring a Habitual and Persistent Barking Dog: A dog owner commits a Petty Offense punishable under E.5.a. if he/she fails to prevent his/her dog from disturbing the peace of any person by loud, habitual and persistent barking, howling, yelping, or whining, whether the dog is on or off the dog owner's property.
2. Warning Notices: An Animal Control Officer will issue a warning notice to the dog owner after receiving a complaint of a barking dog. The complainant must provide the dog owner's address, dog description, and the date and duration of the violation. The dog owner will be allowed three (3) days from issuance of the warning notice to correct the problem before being charged under the summons and complaint process.
3. Citations/Summons and Complaints: After the three-day grace period and within 180 days after issuance of the warning notice, a citation, or summons and complaint may be issued if two identified complaining witnesses from separate households in the immediate area have signed complaints and are willing to testify at trial. The complainants must provide the dog owners' address, dog description, date, and duration of violation, but need not be reporting the same date and time of a violation. In the event there is only one occupied residence in the immediate area of the location of the barking dog, only one complaining witness shall be required to sign the complaint prior to the issuance of a summons and complaint if the complaining witness is willing to testify at trial.
4. Service of Warning Notices: A dog owner shall be deemed to have received and been issued a warning under this subsection if the warning was personally served on the dog owner, posted on the residence of the dog owner, or placed in the U.S. Mail, postage prepaid and addressed to the dog owner. Warning notices so served shall constitute notice to all members of that residence.
5. Second Offense: If a second complaint of a barking dog is received within 180 days of issuance of the first citation or summons and complaint, a citation or summons and complaint for a second offense may be issued without issuing a warning notice.
6. Proof Required for Conviction: No person shall be convicted at trial of violating this section unless a person in the immediate area has signed a complaint and testified to the persistent, habitual, and offensive noise generated by a barking dog.
7. Exceptions: Section D.3.a. shall not apply to dogs working livestock, dogs locating or retrieving wild game in season for a licensed hunter, dogs assisting law enforcement officers, or dogs being trained for any of these pursuits. Further it shall not apply to licensed kennels, breeding, boarding and/or training facilities, or veterinary offices and hospitals, provided these facilities comply with all applicable zoning, commercial, and business regulations, laws and statutes.

See also: Regulations — Barking & Noise Complaints

D.4. Miscellaneous Offenses

E.1. Impoundment

An Animal Control Officer may take into custody and impound at the Animal Shelter any dog found without a microchip or license tag when in violation of section C.3., any dog found at large, any dog or cat that has allegedly bitten a person or been exposed to rabies-vector wildlife, or any dog or cat that is sick or injured and in need of medical attention and any other domestic pet animal that has been abandoned, and any other pet animal (except cats) that are found to be at large. An Animal Control Officer may also impound any animals which have been left without proper care as a result of the death, injury, hospitalization, arrest, detention, eviction or other incapacitation or unavailability of the owner or keeper or other responsible party.

Redemption: If the owner of an impounded animal seeks to redeem the animal, the shelter may require the owner to provide proof of ownership satisfactory to the shelter; comply with the license requirements in this chapter; and pay the shelter for any applicable redemption fees and boarding fees.

E.2. Disposition After Impoundment

No pet animal shall be disposed of prior to five animal shelter business days after the date of impoundment unless it is critically injured or ill, the owner cannot be located, and it is deemed in the best interest of the animal that the pet animal be disposed of as determined by the Manager of the Animal Shelter or his/her designee and/or the Animal Control Manager. In the event a pet animal is not claimed by the owner within the five-day period, the Animal Shelter may dispose of the pet animal by adoption, euthanasia, or transfer to another pet animal facility or rescue unless otherwise instructed by the Animal Control Unit. In the event the Animal Shelter disposes of the animal as set forth in this section, the owner of such pet animal shall be obligated to pay any and all fees required by the Animal Shelter.

E.3. Liability for Accident or Subsequent Disease from Impoundment

The BCC, any assistants or employees, or any other person authorized to enforce the provisions of this animal control and licensing regulation shall not be held responsible for any accident, non-deliberate injury, or subsequent disease that may occur in connection with the administration of this regulation or for any injury, illness, or death resulting in the use of a chemical immobilizer or tranquilizer dart or other necessary force to capture an animal which poses a potential hazard to public health or safety.

E.4. Special Sanctions Upon Conviction of Animal Control Violations

In recognition of the serious nature of certain violations and in the interest of protecting and promoting public safety, Animal Control and/or the District Attorney's Office has the authority to recommend that a Special Sanction be levied against the dog owner convicted of one or more of the above enumerated offenses. This recommendation will be presented to the Jefferson County Court by a motion of the District Attorney as a proposed condition of sentencing upon conviction of one of the offenses enumerated above. Animal Control and/or the District Attorney will present the prior history and documentation on a dog owner that has been so convicted and will propose the imposition of further restrictions or sanctions against a dog owner. This special sanction may be in lieu of or in addition to the specified fine at the discretion of the Court. The Court shall be asked to take into consideration the severity of the incident, the prior history of the dog owner and the recommendation of Animal Control and the District Attorney's Office when ruling on a disposition. The Court shall be asked to consider each case as unique, and to adapt a special sanction or limitation to the particular facts and circumstances of the given case. Animal Control will be responsible for conducting the follow-up visits with the dog owner to ensure compliance with the court-ordered sanction, and will report back to the court in a timely manner. The following is a list of available, but not all inclusive, sanctions and limitations to be completed within a time specified by the court.

1. Construction of a secure dog kennel (built to the specifications of Animal Control).
2. Spaying or neutering of the dog.
3. Dog obedience training.
4. Community Service work at an animal sheltering facility.
5. Euthanasia of the dog.
6. Pet Management Class.
7. Restitution.
8. Micro-chipping of the animal.
9. When outdoors in a private yard, the animal must be in an escape proof enclosure or with a responsible adult, who is a minimum of 21 years of age, in the yard with the animal, and a secure six-foot fence must enclose the yard.
10. 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.
11. When the animal is away from the property of the owner, the owner shall keep the animal either in a secure temporary enclosure or securely leashed with a leash no longer than four (4) feet in length held by a responsible adult, who is minimum of 21 years of age, and is capable of effectively controlling the animal and animal must be muzzled.
12. Extension style leashes may not be used.
13. The leash may not be attached to inanimate objects.
14. 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 OF DOG" in lettering at least two (2) inches in height.
15. The owner shall not sell or otherwise transfer the 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 Animal Control.
16. 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.
17. Prohibition of ownership of other animals during the period of court ordered supervision.
18. Owner must obtain a homeowners or renters insurance policy showing at least $100,000.00 in liability coverage for any damage or injury caused by the animal. The policy must be for a 12-month period with the requirement that the policy be maintained during the life of the animal.
19. Restitution to an animal sheltering facility for costs incurred in caring for or boarding the animal.

E.5. Penalties and Enforcement

Owners of animals who commit offenses under this Ordinance shall be subject to strict liability for such offenses.

a. Petty Offenses

All charges and proceedings relating to commission of Petty Offenses may be cited in compliance with the penalty assessment procedures pursuant to C.R.S. §16-2-201 as amended. Any person(s) who acknowledges guilt or is found guilty of a Petty Offense shall be punished by a mandatory fine of not less than the amount set forth in this section nor more than $300.00 for each separate offense, plus customary court costs when applicable. An incremental fine shall be assessed for all Petty Offenses, beginning with the minimum mandatory fine for a first offense and with increases for each recurring offense up to a maximum of $300.00. The minimum fine as well as the assessed incremental increases for second and subsequent offenses shall be mandatory and shall not be suspended in whole or in part by the court except as discretionarily provided by E.4. "special sanctions." Nothing in this ordinance shall be interpreted to preclude an individual from being cited for multiple Petty Offenses. Petty Offenses include:

All Petty Offense fines escalate by $50 per subsequent offense up to $300 maximum.

b. Class I Misdemeanor

All persons who acknowledge guilt or who are found guilty of a Class I Misdemeanor shall be punished by a $500.00 minimum fine with a maximum fine of $5,000.00 and/or imprisonment in the county jail for up to eighteen months for each offense. Committing cruelty to animals as defined in this regulation and by state law is a Class I Misdemeanor.

c. Class II Misdemeanors

All persons who acknowledge guilt or who are found guilty of a Class II Misdemeanor shall be punished by a fine as set forth in this section with a maximum fine of $1,000.00 and/or imprisonment in the county jail for three months to 364 days for each offense. Nothing in this ordinance shall preclude a person from being charged with multiple violations. The minimum Class II Misdemeanor fine shall be as set forth below unless it is suspended as a condition of probation.

1. Unlicensed dog and biting: $250.00 fine.
2. Dog is at large or Encroachment and biting: $500.00 fine.
3. Dog biting off premises and under owner's control: $250.00 fine.
4. Dog Off Leash and Biting: $500.00 fine.

d. Enforcement

Except as set forth in Section D.3., whenever an Animal Control Officer has personal knowledge or probable cause to believe that any violation described herein has occurred, he/she may issue a summons and complaint, or a penalty assessment citation to the violator stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. Nothing in the Ordinance shall be interpreted to preclude an individual from being cited for multiple violations. NOTE: Summons and complaints for violation of cruelty to animals (D.4.a.) may only be issued by those Animal Control Officers that have been appointed by the Colorado Commissioner of Agriculture or his/her designee as Animal Protection Agents.

1. Upon being informed that an Animal Control Officer intends to issue a summons, any person suspected of a violation described herein (whether not he or she is eventually adjudicated as a "dog owner") shall identify him/herself by means of providing his/her true name, date of birth and current address, or presenting government-issued identification if available. Failure to comply shall constitute interference as defined in D.4.d.
2. Within the 20-day penalty assessment period, the Animal Control Manager shall have the discretion to suspend or reduce fines for any violation of C.2 if the dog owner purchases a dog license and has presented proof of purchase to the Manager or his/her designee.

G.1. Application Notice

The governmental entity seeking an exemption shall submit a request for an exemption to Animal Control. The governmental entity must submit proof that at a minimum it has notified all property owners within a one quarter mile radius of the boundary of the proposed off leash area. It is recommended that special districts notify all district constituents. If the off-leash area is a trail on Forest Service land or Open Space, the Forest Service or Open Space, at a minimum, shall notify all property owners adjacent to the trail and all property owners whose property is within 100 yards of the parking area designated for the off leash area. The notification must direct people to submit written comments, whether pro or con, to the Animal Control Unit within 30 days after the postmark date of the Notice. A list of addresses of all persons notified must be submitted to the Animal Control Unit with a copy of the notification. The application must include a map depicting the boundary of the proposed off leash area.

G.2. Site Evaluation

Within 60 days after receipt of a complete application, the Animal Control Unit shall conduct a site evaluation to determine if the site meets the criteria of this section. Animal Control will submit a written report to the BCC. The report will summarize the public comment, confirm that the area meets or will meet the specified criteria, and will make a recommendation to either approve or deny the application. The BCC decision will be final. The report will contain a signature page for the approval/denial and a copy of the document will be maintained at the Animal Control Unit.

G.3. Park Off-Leash Area

All park areas designated as off leash areas, except trail areas, must comply with the following criteria:

1. Have a minimum of one acre of land surrounded by a 4-foot secure, chain link fence (or other similar material). The fenced area must have a double-gated entrance to prevent escape.
2. The area must be accessible to people with disabilities.
3. The area must have covered garbage cans and pooper-scooper stations provided, stocked and maintained.
4. The area must have shade and water available.
5. Signs must be posted that specify park hours and rules, including a "participate at your own risk" statement.
6. Adequate parking must be close to the site.

G.4. U.S. Forest Service Trail Area or Jefferson County Open Space Trail Area

All U.S. Forest Service Trail Areas and Jefferson County Open Space Trail Areas designated as off leash areas shall comply with the following criteria:

1. Adequate parking close to the trailhead or area.
2. Covered garbage cans and trash removal service.
3. Signs that specify trail rules and clearly designate the area as off-leash to warn/notify other hikers or patrons. Also, signs shall include a "participate at your own risk" statement.

G.5. Enforcement of Off-Leash Areas

All complaints, except complaints concerning dog bites, will be handled by the entity having jurisdiction over the park (the "park jurisdiction"). All bites must be reported within 24 hours to Animal Control.

G.6. Revocation of Off-Leash Exemption

1. The Off-Leash designation can be revoked at any time by the park jurisdiction or County Open Space Division. The park jurisdiction or County Open Space Division must notify Animal Control, immediately, in writing of the decision to un-designate the Off-Leash Area. The park jurisdiction will have to wait 6 months to re-apply if they wish to reinstate the off-leash designation.
2. If Animal Control receives repeated complaints that are not being adequately addressed by the park jurisdiction, Animal Control can petition the BCC to revoke the off-leash exemption. If the revocation is approved, the park jurisdiction or Forest Service will be notified in writing to close the area to off leash activity and that leash law enforcement will resume in the area.

G.7. Nuisance/Vicious Dogs

No vicious or nuisance dogs as defined in Section A.28 and A.36 are permitted off leash within areas designated as off leash parks.

G.8. Existing Open Space Areas Designated as Off Leash

Open Space areas already designated by the Open Space Division as areas permitting dogs to be off leash shall be deemed already granted an exemption from the BCC.