CHAPTER 7
Health, Sanitation and Animals
Article I Administration and Abatement of Nuisances
Sec. 7-1-10 Definitions
Sec. 7-1-20 Common law nuisances
Sec. 7-1-30 Author of nuisances
Sec. 7-1-40 Prohibition of nuisances
Sec. 7-1-50 Ascertaining nuisances
Sec. 7-1-60 Constitution of separate offense
Sec. 7-1-70 Filing complaint
Sec. 7-1-80 Inspection of properties
Sec. 7-1-90 Abatement of nuisance
Sec. 7-1-100 Action to abate a public nuisance
Sec. 7-1-110 Town abatement of nuisance; report of costs
Sec. 7-1-120 Assessment of property
Sec. 7-1-130 Notice of assessment
Sec. 7-1-140 Payment of assessment
Sec. 7-1-150 Objection to assessment; hearing
Sec. 7-1-160 Certified assessment
Sec. 7-1-170 Cumulative remedies
Sec. 7-1-180 Concurrent remedies
Sec. 7-1-190 Violations and penalties
Article II Nuisances
Sec. 7-2-10 Accumulation to constitute nuisances
Sec. 7-2-20 Offensive or unhealthy uses
Sec. 7-2-30 Storage of construction materials
Sec. 7-2-40 Contamination of water
Sec. 7-2-50 Stagnant ponds
Sec. 7-2-60 Sewer inlet
Sec. 7-2-70 Offensive odors or sights
Sec. 7-2-80 Noxious liquids
Sec. 7-2-90 Poisonous substances
Sec. 7-2-100 Stale matter
Sec. 7-2-110 Transporting garbage; manure
Sec. 7-2-120 Dumping on property
Sec. 7-2-130 Dead animal removal
Sec. 7-2-140 Noisemakers
Sec. 7-2-150 Inoperable vehicles
Sec. 7-2-160 Vacant residential dwellings
Sec. 7-2-170 Illuminated buildings or premises
Article III Litter
Sec. 7-3-10 Definitions
Sec. 7-3-20 Litter in public places
Sec. 7-3-30 Placement of litter
Sec. 7-3-40 Litter in gutters
Sec. 7-3-50 Litter on sidewalks
Sec. 7-3-60 Litter thrown from vehicles
Sec. 7-3-70 Trucks hauling litter
Sec. 7-3-80 Litter on occupied private property
Sec. 7-3-90 Littering on public or private property
Sec. 7-3-100 Maintenance of premises
Sec. 7-3-110 Litter in vacant lots
Sec. 7-3-120 Clearing of litter by Town
Article IV Undesirable Plants
Sec. 7-4-10 Definitions
Sec. 7-4-20 Declaration of nuisance
Sec. 7-4-30 Removal of undesirable plants; required by property owner
Sec. 7-4-40 Enforcement
Sec. 7-4-50 Penalty
Article V Weed Control
Sec. 7-5-10 Weed control
Sec. 7-5-20 Declaration of nuisance
Sec. 7-5-30 Notification of owners
Sec. 7-5-40 Town authorized to control
Sec. 7-5-50 Assessment policy
Sec. 7-5-60 Penalty
Article VI Trees
Sec. 7-6-10 Planting near fireplug
Sec. 7-6-20 Planting near utilities
Sec. 7-6-30 Public property tree care
Sec. 7-6-40 Tree topping
Sec. 7-6-50 Pruning and removing obstructions
Sec. 7-6-60 Tree removal on private property
Sec. 7-6-70 Removal of stumps
Article VII Animals
Division 1 General Provisions
Sec. 7-7-10 Definitions
Sec. 7-7-20 Interference with police officers or animal control officers
Sec. 7-7-30 Violations and penalties
Division 2 Rabies Control
Sec. 7-7-50 Inoculations
Sec. 7-7-60 Certificate of vaccination
Sec. 7-7-70 Rabies tags
Sec. 7-7-80 Duplicate tags
Sec. 7-7-90 Designation of qualified persons
Sec. 7-7-100 Proof of vaccination
Division 3 Animal Bites
Sec. 7-7-150 Duty to report
Sec. 7-7-160 Quarantine of animals
Sec. 7-7-170 Removal of animals from quarantine
Division 4 Dog License
Sec. 7-7-200 Dog license required
Sec. 7-7-210 License retained
Sec. 7-7-220 Rabies vaccination
Sec. 7-7-230 False and stolen license documents
Sec. 7-7-240 Transferability
Division 5 Running at Large
Sec. 7-7-300 Restraining
Sec. 7-7-310 Animals not permitted in public parks
Sec. 7-7-320 Nuisance
Sec. 7-7-330 Injured animals
Sec. 7-7-340 Running on owner's premises
Sec. 7-7-350 Problem animals; animal packs
Division 6 Wild or Vicious Animals
Sec. 7-7-400 Keeping or harboring
Sec. 7-7-410 Shooting or harassing
Division 7 Impounded Animals
Sec. 7-7-450 Animal shelter
Sec. 7-7-460 Removal of animals from animal shelter
Sec. 7-7-470 Removal of bite animals from quarantine
Sec. 7-7-480 Disposition of impounded licensed animals
Sec. 7-7-490 Disposition of impounded unlicensed animals
Sec. 7-7-500 Impound fee
Sec. 7-7-510 Issuance of citations
Division 8 Cruelty to Animals
Sec. 7-7-550 Cruelty unlawful
Sec. 7-7-560 Unlawful to poison animals
ARTICLE I
Administration and Abatement of Nuisances
Sec. 7-1-10. Definitions.
As used in this
Chapter, the following terms shall have the meanings indicated:
Agent means and includes any person acting on behalf of or in place of the owner.
Brush means voluntary growth of bushes and such as are growing out of place
at the location where growing, and shall include all cuttings from trees and
bushes; and also high and rank shrubbery growth which may conceal filthy
deposits.
Inoperable vehicle means any automobile, truck, tractor, motorcycle
or self-propelled vehicle which is in a condition of being junked, wrecked,
wholly or partially dismantled, discarded, abandoned or unable to perform the
functions or purpose for which it was originally constructed. The existence of any of the following
conditions shall raise the presumption that a vehicle is inoperable:
a. Absence of an effective registration plate
upon such vehicle.
b. Placement of the vehicle or parts thereof upon
jacks, blocks, chains or other supports.
c. Absence of one (1) or more parts of the
vehicle necessary for the lawful operation of the vehicle upon the streets and
highways.
Litter is garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
Occupant means and includes any person who occupies the whole or a part of a building, premises or land, whether alone or with others.
Owner means and includes:
a. Any owner or holder of any legal or equitable estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lien holder, mortgagee or beneficiary of a deed of trust.
b. The owner of
record, as reflected by the records of the office of the
Proper authorization means and includes the written or verbal authorization of an officer, department or judge of the Town or the State authorizing or requiring an act which is done in pursuance of such authorization; and, in the case of any provision defining an offense against private property, the written or verbal authorization or permission of the owner of such property. A public officer or employee acting within the scope of his or her authority or employment shall be deemed to have proper authorization therefor.
Public nuisance includes:
a. The conducting or maintaining of any business, occupation or activity prohibited by statute or by ordinance.
b. The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of the statute or ordinance.
c. Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety.
d. Any unlawful pollution or contamination of any surface or subsurface waters in the Town, or of the air, or of any water, substance or material intended for human consumption.
e. Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of a department or officer of the Town or the County, continues to be conducted or continues to exist in violation of statute or ordinance or in violation of any regulation of the Town, the County or the State.
f. Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the Town, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property.
g. Any nuisance defined or declared as such by statute or ordinance.
Public or private property includes, but is not limited to, the real property, building or structure thereon of any person, state, county, city, public or private corporation or the United States; the right-of-way of any street, road, railroad or highway; any body of water, irrigation ditch or watercourse, including frozen areas thereof and the shores and beaches thereof; any park, playground building or recreation area; and any school grounds, school building or property used for school purposes.
Public place means and includes:
a. Any street, highway, public right-of-way, sidewalk, driveway, alley, church, school building, school grounds, public building, library, fire station, park, parking lot or vacant land.
b. The entire premises of any shopping center, restaurant, bar, store, service establishment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion to the premises from which the general public is excluded.
c. Any lobby, corridor, elevator, stairway, public room, common room or recreation room in a hotel, motel, office building or apartment building.
Refuse is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and abandoned vehicles.
Rubbish is nonputrescible solid wastes consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves (excluding compost), wood, glass, bedding, crockery and similar materials. Rubbish shall also include scrap iron, metal, tin, aluminum, polyvinyl chloride (PVC) pipe; and metal, galvanized, steel, copper and iron pipe; old machinery and equipment including inoperable farm equipment; old household appliances, stoves, refrigerators, washers and dryers; unusable building materials; old lawn mowers; cinder blocks; used automobile and truck tires; and rolling equipment tires; old cylinder type storage tanks; empty paint buckets and containers; sheets of plywood; and tree limbs and roots trimmed from trees and shrubbery.
Trash means any worn out, broken up or used refuse, rubbish, toppings,
twigs, leaves of trees or worthless matter or material.
Trees and shrubs include all trees, shrubs, bushes and other woody vegetation.
Weed means an unsightly, useless, troublesome or injurious growing herbaceous plant, and shall include all rank vegetable growth which exhales unpleasant and noxious odors and also high and rank vegetable growth that may conceal filthy deposits. (Prior code 3-4-1.2, 7-2.1; Ord. 01-20)
Sec. 7-1-20. Common law nuisances.
Any nuisance
which has been declared to be such by state courts or statutes or known as such
at common law shall constitute a nuisance in the Town, and any person causing
or permitting any such nuisance shall be in violation of this Article. (Ord. 01-20)
Sec. 7-1-30. Author of nuisances.
Any state of
things prohibited by this Article shall be deemed to be a nuisance, and any
person who shall hereafter make or cause such nuisance to exist shall be deemed
to be the author thereof. (Ord. 01-20)
Sec. 7-1-40. Prohibition of nuisances.
No person being
the owner, agent or occupant of, or having under his or her control, any
building, lot, premises or unimproved real estate within the limits of the
Town, shall maintain or allow any nuisance to be or remain therein. (Ord. 01-20)
Sec. 7-1-50. Ascertaining nuisances.
Whenever the
pursuit of any trade, business or manufacture or the maintenance of any
substance or condition of things shall, upon investigation, be considered by
the Town Administrator dangerous to the health of any of the inhabitants of the
Town, the same shall be considered a nuisance and shall be abated. (Ord. 01-20)
Sec. 7-1-60. Constitution of separate offense.
In the case of
any nuisance in or upon any street, alley or other public or private grounds,
the author thereof shall be guilty of a separate offense for every period of
forty-eight (48) hours' continuance thereof after notice has been given to
abate the same. (Ord. 01-20)
Sec. 7-1-70. Filing complaint.
In addition to
or in lieu of any procedure for abatement, a direct complaint may be filed by
any person or police officer against any person who violates any provision of
this Chapter. (Ord. 01-20)
Sec. 7-1-80. Inspection of properties.
(a) Authorized inspector. The Mayor and Chief of Police shall have the power and authority to appoint and authorize any police officer, building inspector, code enforcement officer or other officer of the Town to inspect and examine any public or private property in the Town for the purpose of ascertaining the nature and existence of any nuisance.
(b) Right of entry generally. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an authorized inspector has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him or her; provided, however, that if such building or premises is occupied, such inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or occupant or other person having charge or control of the building or premises, and upon locating the owner, occupant or other person shall present proper credentials and request entry. If entry is refused, the authorized inspector shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable effort, he or she shall leave at the building or premises a written notice of intention to inspect not sooner than twenty-four (24) hours after the time specified in the notice. The notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge of the Town, or by a judge of any other court having jurisdiction. The requirements of this Section shall not apply to public places, including privately owned land, as defined in Section 7-1-10, which may be inspected by an authorized inspector at any time without notice.
(c) Search warrants. After the expiration of the twenty-four-hour period from the giving or leaving of such notice, the authorized inspector may appear before the Municipal Judge and upon a showing of probable cause by written affidavit shall obtain a search warrant entitling him or her to enter the building or premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an unoccupied building or premises, the authorized inspector may enter into the building or upon the premises using such reasonable force as may be necessary to gain entry.
(d) Probable cause for issuance of search warrant. For purposes of this Section, a determination of probable cause will be based upon reasonableness, and if a valid public interest and reasonable suspicion of violation justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by an authorized inspector, acting pursuant to this Section.
(e) Right of entry emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this Chapter, an authorized inspector upon presentation of proper credentials or identification, in the case of an occupied building or premises, or possession of the credentials in the case of an unoccupied building or premises, may enter into any building or upon any premises within the jurisdiction of the Town.
(1) In the emergency situation such person or his or her authorized representative may use such reasonable force as may be necessary to gain entry into the building or upon the premises.
(2) For purposes of this Subsection, an emergency situation includes any situation where there is imminent danger of loss of, or injury or damage to, life, limb or property. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by the authorized official acting pursuant to this Section.
(f) Search warrants jurisdiction of the Municipal Court. Any Municipal Judge shall have power to issue search warrants upon a showing of probable cause as provided in Subsections (c) and (d) of this Section. (Prior code 3-4-2.1; Ord. 01-20)
Sec. 7-1-90. Abatement of nuisance.
(a) Notice of abatement. The authorized inspector as provided by Section 7-1-80(a), upon the discovery of any nuisance on public or private property in the Town, shall notify the owner or occupant of such property in writing, requiring the owner or occupant of the property to remove and abate from the property the thing or things therein described as a nuisance within the time specified in the notice.
(1) The time for abatement of a nuisance posing an imminent danger or injury to loss of life, limb, property or health shall not exceed one (1) day.
(2) As to other nuisances, the reasonable time for abatement shall not exceed seven (7) days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven (7) days or that a good faith attempt at compliance is being made.
(3) If the owner or occupant shall fail to comply with the requirements for a period longer than that named in the notice, then the Mayor or the Chief of Police shall proceed to have the nuisance described in the notice removed or abated from the property described in the notice without delay; and the Mayor or the Chief of Police shall have the authority to call for any necessary assistance. In no event shall the notice described by this Section be required prior to issuance of a summons and complaint.
(b) Service of notice. The written notice to abate shall be served by an authorized inspector of the Town by:
(1) Personally delivering a copy of the notice to the owner of the property described in the notice if the owner also resides at the property;
(2) Personally delivering a copy of the notice to the nonowner occupant or resident of the property described in the notice and mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the owner as reflected in the county real estate records; or
(3) Mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the owner or the property described in the notice as reflected in the county real estate records if the property is unoccupied and by posting a copy of the notice in a conspicuous place at the unoccupied premises.
(c) Contents of notice. Any notice issued pursuant to the provisions of this Section to the owner, agent or occupant of property in which a nuisance is discovered, shall describe the condition that is a nuisance; the time in which the condition is to be removed and abated from the property; and contain a statement that if the nuisance is not abated within seven (7) days an action may be brought in the Municipal Court to abate the nuisance and that the costs of abatement, plus fifteen (15%) percent of such costs may be assessed against the person found by the court to have caused, allowed to be caused or allowed to continue the public nuisance and may become a lien upon any property on which the abatement was performed. (Prior code 3-4-2.2)
Sec. 7-1-100. Action to abate a public nuisance.
When a public nuisance has not been voluntarily abated within the time specified in the notice to abate, the following procedure shall apply:
(1) The Town may bring an action in the Municipal Court to have the nuisance declared as such by the Court and for an order enjoining the public nuisance or authorizing its restraint, removal, termination or abatement by the owner, agent, occupant or the person who caused the nuisance or allowed the nuisance to be caused or to continue, or the Mayor or Chief of Police.
(2) The action to declare and abate a public nuisance shall be brought by the Town in the name of the people of the Town, by filing of a complaint, which shall be verified or supported by an affidavit. Summonses shall be issued and served as in civil cases, and any employee of the Town who is over the age of eighteen (18) may serve the summons and verified complaint upon the owner, agent, occupant or the person who allowed the nuisance to be caused or to continue (hereafter referred to as the respondent). Trial shall be to the Court.
a. A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The trial shall be held upon the appearance date, unless the Court grants a continuance for good cause shown.
b. The respondent shall file a response on or before the appearance date set forth in the notice of appearance.
c. Upon the date and at the time set for appearance and trial, if the respondent has filed no response and fails to appear and if the Town proves that proper service was made on the respondent at least twenty-one (21) days prior to the appearance date, the Court may grant such orders as are requested by the Town; except that the Court shall order that enforcement by the Town be stayed for ten (10) days and that a copy of the Court's order be mailed to the respondent at his or her last known address. Failure to appear on any date set for trial shall be grounds for entering a default and judgment thereon against a nonappearing party. For good cause shown, and prior to enforcement, the Court may set aside an entry of default and the judgment entered thereon.
d. Any violation of any injunction or order issued by the Municipal Court in an action to abate a public nuisance may be punished pursuant to the provisions of this Article. Unless the violation by its nature cannot be corrected, each day's failure to comply with an injunction or order to abate shall constitute a separate violation for which an additional penalty may be imposed. (Prior code 3-4-2.3)
Sec. 7-1-110. Town abatement of nuisance; report of costs.
In lieu of
bringing an action to abate the nuisance as set forth in Section 7-1-100, the
Town may take emergency action to abate the nuisance if necessary for the
immediate preservation of the public health, safety or welfare. Upon the completion of any work by the Town
contemplated by this Chapter, the Public Works Superintendent shall report, in
writing, to the Town Administrator, which report shall make a clear statement
of the work done by the Town and the expense incurred in so doing, so that the
Town Administrator may determine the cost of such work. The Public Works Superintendent shall make a
separate report for each lot or parcel of land.
(Ord. 01-20)
Sec. 7-1-120. Assessment of property.
After
considering the report of the Public Works Superintendent, the Town
Administrator shall determine and assess the whole cost for the abatement
thereof, including five percent (5%) for the inspection and other incidental
costs in connection therewith, upon the lots and tracts of land from which the
nuisance was abated. (Ord. 01-20)
Sec. 7-1-130. Notice of assessment.
The Town Clerk,
as soon as may be after such assessment is made, shall send by certified mail,
return receipt requested, addressed to the owner of such lots or tracts of land
at the reputed post office address, a notice of such assessment, which notice
shall contain a description of the lots or parcels of land, the name of the
owner and the amount of the assessment.
(Ord. 01-20)
Sec. 7-1-140. Payment of assessment.
(a) It shall be the duty of the owner to pay
such assessment or object thereto, in writing, within thirty (30) days after
the receipt of such notice, and in case of his or her failure to do so, he or she shall be liable personally for the amount of
the assessment. The same shall be a lien
upon the respective lot or parcel of land from the time of such assessment, and
the Town shall have all remedies for collection thereof provided by state
statutes, for the purpose of having the same placed upon the tax list and
collected in the same manner as taxes are now collected. The assessment shall be a lien against each
lot or tract of land until it is paid and shall have priority over all other
liens except general taxes and prior special assessments.
(b) The amount of such assessment may be paid to
the Town Clerk at any time before the tax list is placed in the hands of the
County Treasurer, but thereafter only to the County Treasurer. (Ord. 01-20)
Sec. 7-1-150. Objection to assessment; hearing.
In the event
any owner desires to object to said assessment, he or she shall, within thirty
(30) days after the receipt of said notice, file a written objection thereto
with the Town Clerk, who shall thereupon designate the next regular meeting of
the Board of Trustees as the date when said objector may appear and have a
hearing before the Town Administrator and Board of Trustees. (Ord. 01-20)
Sec. 7-1-160. Certified assessment.
In case the
owner shall fail to pay such assessment or object thereto within the required
time as provided above, then it shall be the duty of the Town Clerk to certify
the amount of the assessment to the proper county officers, who shall collect
the assessment as provided for by state law for the collection of delinquent
general taxes. (Ord. 01-20)
Sec. 7-1-170. Cumulative remedies.
No remedy
provided herein shall be exclusive, but the same shall be cumulative, and the
taking of any action hereunder, including charge, conviction or violation of
this Chapter in the Municipal Court, shall not preclude or prevent the taking
of other action hereunder to abate or enjoin any nuisance found to exist. (Ord. 01-20)
Sec. 7-1-180. Concurrent remedies.
Whenever a nuisance exists, no remedy provided for
herein shall be exclusive of any other charge or action, and when applicable the
abatement provisions of this Chapter shall serve as and constitute a concurrent
remedy over and above any charge or conviction of any municipal offense or any
other provision of law. Any application
of this Chapter that is in the nature
of a civil action shall not prevent the commencement or application of any
other charges brought under this Code or any other provision of law. (Ord. 01-20)
Sec. 7-1-190. Violations and penalties.
It is unlawful for any person to violate any of the provisions of this Chapter, and except as otherwise specifically provided elsewhere in this Chapter, any such violation shall be punished as provided below:
(1) In the discretion of the Municipal Court, every person convicted of, or who pleads guilty or no contest to, a violation of any provision of this Chapter, shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding one thousand dollars ($1,000.00) per violation or count, by imprisonment not exceeding ninety (90) days, by useful community service or any combination of the above. Each day any violation of this Chapter shall constitute a separate offense.
(2) Authority is hereby expressly granted to the judges of the Municipal Court to enter any order enjoining an activity or authorizing its restraint, removal, termination or abatement by the owner, any agent, occupant or other person who has caused the violation or allowed it to continue. If the owner, agent, occupant or other person fails to comply with the order of the Court, the Court may order abatement or removal of the violation and assess such costs incurred by the Town in removing or abating the violation against the person found by the Court to have caused, allowed to be caused or allowed the violation to continue and such amount shall become a lien upon any real property on which abatement was performed if such amount is not paid to the Court within the time established by the Court for such amount to be paid. (Prior code 3-5-1.1)
ARTICLE II
Nuisances
Sec. 7-2-10. Accumulation to constitute nuisances.
Whenever there
shall be in or upon any lot or piece of ground within the limits of the Town
any damaged merchandise, litter, trash, rubbish, garbage, wrecked car,
inoperable cars or other wrecked vehicles or an accumulation of junk vehicles
or junk of any type upon any private or public property, except in areas
specifically zoned in Chapter 16 of this Code for said purposes or otherwise
designated by the Town for such purposes, the existence of any such material or
items shall constitute a nuisance and shall be in violation of this
Article. (Ord. 01-20)
Sec. 7-2-20. Offensive or unhealthy uses.
(a) No building, vehicle, structure, receptacle or other thing used, or to be used, for any purpose whatever, shall be used, made, kept, maintained or operated in or retained within the Town, if the use, keeping, maintaining or operation of the same shall be the occasion of any nuisance or danger or detriment to the public heath.
(b) Every other act or thing done or made, committed or allowed, or continued on any public or private property or place by any person, which is detrimental to health, offensive to sight, smell or hearing, or causes damage or injury to any of the inhabitants of the Town, and not otherwise specified in this Chapter, shall be deemed a nuisance. (Prior code 3-4-2.12)
Sec. 7-2-30. Storage of construction materials.
No person shall keep or store any construction materials unless such materials are covered or secured or in some manner protected so as to prevent such materials from being blown, scattered about or otherwise moved by wind, water or other natural causes. (Prior code 3-2-5.3)
Sec. 7-2-40. Contamination of water.
It is unlawful for any person to throw or deposit or cause or permit to be thrown or deposited in any stream, storm or sanitary sewer, ditch, pond, well, cistern, trough or other body of water, whether artificially or naturally created, or so near thereto as to be likely to pollute the water thereof, any offal composed of animal or vegetable substance or both, any dead animal, sewage, excrement or garbage, trash or debris, any water, fuel, oil or other petroleum-based product, paint, chemical, whether liquid or solid, scrap construction material or any other materials that may cause the water to become contaminated. (Prior code 3-2-5.5)
Sec. 7-2-50. Stagnant ponds.
The permitting
of stagnant water on any lot or piece of ground within the Town limits is
hereby declared to be a nuisance, and every owner or occupant of a lot or piece
of ground within the Town is hereby required to drain or fill up said lot or
piece of ground whenever the same is necessary so as to prevent stagnant water
or other nuisances from accumulating thereon, and it is unlawful for any such
owner or occupant to permit or maintain any such nuisance. (Ord. 01-20)
Sec. 7-2-60. Sewer inlet.
No person
shall, in the Town, deposit in or throw into any sewer (sanitary or storm),
sewer inlet or privy vault that shall have a sewer connection any article that
might cause such sewer, sewer inlet or privy vault to become nauseous to others
or injurious to public health. (Ord.
01-20)
Sec. 7-2-70. Offensive odors or sights.
(a) Manure or any other organic material used on premises within the Town for fertilizing purposes shall not be allowed to become offensive in odor, to sight, an attraction to insects or rodents or otherwise create an unsanitary condition.
(b) Whenever manure or any other organic material shall accumulate and affect the health of the public, it may be forbidden and designated a nuisance under the provisions of this Chapter.
(c) It is unlawful and shall constitute a nuisance for any person in the Town to allow any building or premise or appurtenance thereof, to become offensive in odor, offensive to sight, or to create an unsanitary or hazardous health condition. (Prior code 3-4-2.5)
Sec. 7-2-80. Noxious liquids.
It is unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any house or place in the Town, any foul or noxious liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot, or into any street, alley or public place in the Town. (Prior code 3-4-2.5)
Sec. 7-2-90. Poisonous substances.
(a) It is unlawful for any person to put out, spread or distribute poison, or any poisonous substance or material of any kind or nature whatsoever, for any purpose whatsoever, at any place or places within the Town, except as hereinafter provided in Subsection (b) below.
(b) Notwithstanding any other provision to the contrary, any person who is the owner, lessee or tenant of real estate in the Town may put out, spread or distribute poison or use any USDA or EPA approved fertilizer on such real estate of which they are the owner, tenant or lessee, for such purposes as may be necessary for the preservation of health or other necessary purposes, including the poisoning of prairie dogs, and other destructive animals, birds and pests, but such purposes shall not be deemed to include any domestic bird, fowl, beast, animal, swine, dog or cat and for proper weed control. (Prior code 3-2-5.6)
Sec. 7-2-100. Stale matter.
No person shall
keep, collect or use, or cause to be kept, collected or used, in the Town any
stale, putrid or stinking fat or grease or other stale matter, other than
normal weekly trash accumulation. (Ord.
01-20)
Sec. 7-2-110. Transporting garbage, manure.
Every cart or
vehicle used to transport manure, garbage, swill or offal in any street in the
Town shall be fitted with a substantial tight box thereon so that no portion of
such filth will be scattered or thrown into such street. (Ord. 01-20)
Sec. 7-2-120. Dumping on property.
It is unlawful
for any person to use any land, premises or property within the Town for the
dumping or disposal of any garbage, trash, litter, rubbish, offal, filth, excrement,
discarded building materials or combustible materials of any kind without first
having made application for and receiving a permit to do so. The application therefor shall be filed with
the Chief of Police or the Town Clerk and shall state the location of the land,
premises or property, the manner in which the dumping or disposal is to be
accomplished and the means and methods by which the applicant proposes to
secure the same against the danger of disease, fire and other menaces to the
public health and to provide for the suppression of rodents, mosquitoes and
other insects. Upon such investigation
and a finding that the proposed dumping will not cause any danger to the public
health, the Chief of Police or Town Clerk shall issue such a permit upon the
payment of a fee in the amount of four dollars ($4.00), with the approval of
the Board of Trustees. (Ord. 01-20)
Sec. 7-2-130. Dead animal removal.
When any animal
dies in the Town, it shall be the duty of the owner or keeper thereof to remove
the body of such animal forthwith beyond the limits of the Town. If such body is not forthwith removed, the
same shall be deemed a nuisance, and such owner or keeper will be the author of
the nuisance. When the body of any such
dead animal is in any street, highway or public grounds in the Town, it shall
be the duty of the Chief of Police to cause such body to be removed forthwith
beyond the limits of the Town. (Ord.
01-20)
Sec. 7-2-140. Noisemakers.
The use of
music, noisemakers or loudspeakers on the streets of the Town for the sale or
vending of products, advertising or other commercial purposes is hereby
declared to be a nuisance and is prohibited by the terms of this Chapter. (Ord. 01-20)
Sec. 7-2-150. Inoperable vehicles.
It is unlawful
for any person or agent, either as owner, lessee, tenant or occupant of any lot
or land within the Town, to park, store or deposit or permit to be parked,
stored or deposited thereon an inoperable vehicle unless such vehicle is
enclosed in a garage or other building.
The provisions of this Section shall not apply to any person or agent
with one (1) vehicle inoperable for a period of less than thirty (30)
consecutive days, or to any person who is conducting a business enterprise in
compliance with existing zoning regulations.
(Ord. 01-20)
Sec. 7-2-160. Vacant residential dwellings.
All broken
windows in a vacant dwelling shall be replaced by the owner or agent within
seventy-two (72) hours after notice is given by the Chief of Police. (Ord. 01-20)
Sec. 7-2-170. Illuminated buildings or premises.
It is unlawful and deemed a nuisance for any person in the Town to allow any building, premises or appurtenance thereof to be illuminated in such a manner that is offensive, interferes with the comfortable enjoyment of life and property of others or which is otherwise a detriment to the health, safety or welfare of the inhabitants of the Town. (Prior code 3-4-2.11)
ARTICLE III
Litter
Sec. 7-3-10. Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein:
Abandoned vehicle is any motor vehicle which is (a) inoperable, and (b) without a valid inspection sticker or valid license plates.
Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Private premises is any dwelling, house, building or other structure designed or used either wholly or in part for private residential purpose, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
Public place is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
Vehicle is every device in, upon or by which any person or property is or may be transported or drawn upon a highway. (Prior code 7-2.1; Ord. 01-20)
Sec. 7-3-20. Litter in public places.
No person shall deposit, throw or place any litter in or upon any street, alley, sidewalk or other public property or place within the Town except in public receptacles, in private receptacles for collection or in official Town dumps. (Prior code 3-4-2.4, 7-2.2; Ord. 01-20)
Sec. 7-3-30. Placement of litter.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Prior code 7-2.3)
Sec. 7-3-40. Litter in gutters.
No person shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or lot from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Prior code 7-2.4)
Sec. 7-3-50. Litter on sidewalks.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Town shall keep the sidewalk in front of their business premises free of litter. (Prior code 7-2.5)
Sec. 7-3-60. Litter thrown from vehicles.
No person, while an operator or passenger in any vehicle, to deposit, throw or place any litter in or upon any street, alley, sidewalk or other public property or place within the Town or upon private property, except in public receptacles and authorized private receptacles. (Prior code 3-4-2.4, 7-2.6; Ord,. 01-20)
Sec. 7-3-70. Trucks hauling litter.
No person shall operate any truck, trailer or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley, sidewalk or other public property or place in the Town. (Prior code 3-4-2.4, 7-2.7; Ord. 01-20)
Sec. 7-3-80. Litter on occupied private property.
No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Prior code 7-2.8)
Sec. 7-3-90. Littering on public or private property.
(a) It is unlawful and deemed a nuisance for any person to deposit, throw or place any papers, newspapers, handbills, letters, samples or political literature in or upon any public street, alley, sidewalk or public property or place in the Town.
(b) It is unlawful and deemed a nuisance for any person, except an authorized public employee or officer, or a person who has previously obtained a permit to do so from the Town:
(1) To post, place, glue, staple, nail, affix or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole or any public or private dwelling, store or other building or fence within the Town without the permission of the owner or occupant of such property; or
(2) To post, place, glue, affix or attach any handbill, poster, placard, announcement or other painted or printed material in or upon any passenger automobile within the Town without permission of the owner of such automobile.
(c) It is unlawful and deemed a nuisance for any person to deposit, throw or place any litter on any public or private property or in any water in the Town unless:
(1) Such property is an area designated by law, ordinance or regulation for the disposal of such material and such person is authorized by the proper public authority to do such property;
(2) The litter is placed in a receptacle or container installed on such property for such purpose; or
(3) Such person is the owner or occupant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or occupant and does not create a public nuisance as that term is defined in Section 7-1-10. (Prior code 3-4-2.4)
Sec. 7-3-100. Maintenance of premises.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. (Prior code 7-2.9)
Sec. 7-3-110. Litter in vacant lots.
No person shall throw or deposit litter on any open or vacant private property within the Town whether owned by such person or not. (Prior code 7-2.10)
Sec. 7-3-120. Clearing of litter by Town.
(a) Notice to remove. The Chief of Police is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail addressed to said owner at his or her last known address.
(b) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within thirty (30) days after receipt of written notice provided for in Subsection (a) above, or within thirty (30) days after the date of such notice in the event the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
(c) Charge included in tax bill. When the Town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the County, and said charge shall be due and payable by said owner at the time of payment of such bill.
(d) Recorded statement constitutes lien. Where the full amount due the Town is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in Subsections (a) and (b) above, then, and in that case, the Town Clerk shall cause to be recorded in the County Court House a sworn statement showing the cost and expenses incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made.
(e) Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of ten percent (10%) in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Prior code 7-2.11)
ARTICLE IV
Undesirable Plants
Sec. 7-4-10. Definitions.
Russian, spotted and diffuse knapweed and leafy spurge are declared to be undesirable plants to be controlled in accordance with this Article. (Prior code 7-3.1)
Sec. 7-4-20. Declaration of nuisance.
Leafy spurge, Russian knapweed, spotted knapweed and diffuse knapweed, and all other plants designated undesirable plants by the Town, are declared to be a public nuisance. Such action may be taken as is available for nuisance abatement under the laws of the State and the Town, and as the Board of Trustees, in its sole discretion, deems necessary. (Prior code 7-3.2)
Sec. 7-4-30. Removal of undesirable plants; required by property owner.
Property owners within the Town shall be responsible for the elimination of undesirable plants from their property within five (5) years of the effective date of this Article. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations. (Prior code 7-3.3)
Sec. 7-4-40. Enforcement.
The Town shall have the right to enter upon any premises, lands or places, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspecting for the existence of undesirable plants, and shall have the right to propose, implement or enforce the management of undesirable plants upon such lands in accordance with the provisions of Section 35-5.5-109, C.R.S. (Prior code 7-3.4)
Sec. 7-4-50. Penalty.
Violation of this Article shall be subject to a penalty as set forth in Section 1-4-20 of this Code in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. (Prior code 7-3.5; Ord. 01-20)
ARTICLE V
Weed Control
Sec. 7-5-10. Weed control.
(a) All owners, agents and occupants of land in the Town shall prevent property owned or occupied by them from becoming overgrown in weeds. Weeds shall include brush, natural or cultivated plants or grasses in excess of twelve (12) inches in height and other vegetation grown in a rank or unsightly fashion, and shall also include without limitation bindweed, Canadian thistle, common ragweed, dandelion, fireweed, milkweed, mustard, perennial sow thistle, Russian knapweed, Russian thistle, sandburs and any other similar plants and vegetation. The foregoing enumeration is not intended to be all inclusive, but rather is intended to be indicative of those types of plants which are considered a nuisance. As used in this Article, the term weed does not include flower or vegetable gardens, cultivated or tended shrubbery or agricultural crops, including but not limited to hay or grass grown for feed, fodder or forage.
(b) Weeds shall be controlled by cutting, spraying or other lawful and suitable method of weed control.
(c) The Board of Trustees may, by resolution, exempt certain areas in the Town, whether publicly or privately owned, from the prohibitions contained in this Section, if the Board determines that such areas are: natural open space, natural park, conservation areas, erosion control areas, agricultural zoned property or irrigation or drainage ditch rights-of-way. (Prior code 3-4-2.6, 7-4.1)
Sec. 7-5-20. Declaration of nuisance.
It is unlawful and deemed a nuisance for the owner, agent or occupant of any property to permit weeds to grow on such property to a height of more than twelve (12) inches. (Prior code 3-4-2.6, 7-4.2)
Sec. 7-5-30. Notification of owners.
The Town shall notify the landowner or lessee, or both, in writing, by certified mail, return receipt requested, or by personal service of a Notice of Violation, describing the property upon which weeds have become overgrown and directing that weed-control measures be taken within seven (7) calendar days from the date of service of the Notice of Violation. (Prior code 7-4.3; Ord. 02-04 §1)
Sec. 7-5-40. Town authorized to control.
(a) In the event the landowner or lessee, or both, does not institute suitable weed-control measures, then the Town is authorized to enter upon the premises and to cut, spray or, by the use of some other suitable means, employ weed-control measures.
(b) The landowner shall be responsible for the payment of the actual cost, and be billed by the Town and shall pay the bill within ten (10) calendar days of billing, for the weed-control measures taken by the Town. The landowner shall also be responsible for the costs incurred by the Town to enforce collection of the cost of the weed-control measures taken, including attorney fees and court costs. (Prior code 7-4.4)
Sec. 7-5-50. Assessment policy.
(a) Failure to pay fees. In the event that cost or any portion thereof of weed or brush removal by the Town, court fines, court costs, attorney fees and other pertinent costs attributed to the enforcement of weed control are not paid by the landowner or lessee within five (5) days after the same are due, the Town Clerk shall determine and assess the whole cost upon the lots and tracts of land from which the weeds or brush were removed, or control measures taken.
(b) Assessment notice. The Town Clerk, after such assessment is made, shall send by registered mail, with return receipt requested, addressed to the owner of such lots or tracts of land at the reputed post office address, a notice of such assessment, which notice shall contain a description of the lots or parcels of land, the name of the owner or owners and the amount of the assessment.
(c) Action by property owner. It shall be the duty of the owner to pay such assessment or to object thereto in writing within ten (10) days after receipt of such notice, and in the case of his or her failure to do so, he or she shall be liable personally for the amount of the assessment, and the same shall be a lien upon the respective lot or parcels of land from the time of such assessment, and the Town shall have all remedies for collection thereof provided by the state statutes, including the right to certify the assessment to the proper officers of the County, for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are now collected. The assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments.
(d) Amount of assessment. The amount of such assessment may be paid to the Town Clerk at any time before the tax list is placed in the hands of the County Treasurer, but thereafter only to the County Treasurer.
(e) Owner objection.
(1) If any owner desires to object to said assessment, he or she shall, within ten (10) days after the receipt of said notice, file a written objection thereto with the Town Clerk, who shall thereupon designate a date when said objector may appear and have a hearing before the Board of Trustees.
(2) In case the owner shall fail to pay such assessment or to object thereto within the required time as provided above, then it shall be the duty of the Town Clerk to certify the amount of the assessment to the proper county officers, and they shall collect the assessment as provided for by law for the collection of delinquent general taxes. (Prior code 7-4.5; Ord. 01-20)
Sec. 7-5-60. Penalty.
Violation of this Article shall be subject to a penalty as set forth in Section 1-4-20 of this Code in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. (Prior code 7-4.6; Ord. 01-20)
ARTICLE VI
Trees
Sec. 7-6-10. Planting near fireplug.
Sec. 7-6-20. Planting near utilities.
Sec. 7-6-30. Public property tree care.
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Town may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This does not prohibit the planting of street trees by adjacent property owners providing that prior approval has been obtained and the selection and location of said trees are in accordance with this Article. (Prior code 2-8.4)
Sec. 7-6-40. Tree topping.
It is unlawful as a normal practice for any person or Town department to top a street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the recommendation of the Tree Board. (Prior code 2-8.4; Ord. 01-20)
Sec. 7-6-50. Pruning and removing obstructions.
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign. (Prior code 2-8.4)
Sec. 7-6-60. Tree removal on private property.
A private property owner shall be required to remove a dead or diseased tree on such private property in the event that such tree constitutes a hazard to life and property, or harbors insects or diseases which constitute a potential threat to other trees within the Town. The Town will notify in writing the owners of such trees, and the owners shall have sixty (60) days to remove such trees from the property after the date of service of the need for the tree removal. In the event a private property owner does not remove a dead or diseased tree within sixty (60) days after notice, the Town shall have the authority to remove such trees and seek restitution for the removal in Municipal Court, or in any other court of competent jurisdiction. (Prior code 2-8.4)
Sec. 7-6-70. Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Prior code 2-8.4)
ARTICLE VII
Animals
Division 1
General Provisions
Sec. 7-7-10. Definitions.
The definitions and terms used in this Article, unless the context otherwise indicates, are herewith defined as follows:
Animal shall include both the male or female, neutered or sterilized. Animal, as used in this Article, shall include all warm-blooded domesticated or wild mammals.
Animal owner means any person who has legal right or title to, or has possession of, any animal or who shall allow any animal to remain about his or her premises.
Harboring. The occupant of any premises on which an animal is kept, or to which it customarily returns daily for food and care for a period of thirty (30) days, is presumed to be harboring or keeping the animal within the meaning of this Article.
Running at large means to be off the premises of the animal owner and not under the control of the animal owner or of an authorized person, by leash, but an animal within the automobile or other vehicle of its owner shall be deemed to be upon the animal owner's premises.
Vicious animal is any animal that inflicts unprovoked bites or attacks human beings or other animals either on public or private property, or in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places. (Prior code 3-1-1.1; Ord. 99-11 §1, 1999)
Sec. 7-7-20. Interference with police officers or animal control officers.
It is unlawful for any person to interfere with, molest, hinder or prevent any police officer or animal control officer or his or her authorized representative in the discharge of their duties as herein prescribed, or to violate any of the provisions of this Article. (Prior code 3-1-9.1)
Sec. 7-7-30. Violations and penalties.
It is unlawful for any person to violate any of the provisions of this Article, and except as otherwise specifically provided elsewhere in this Article, any such violation shall be punished as provided below:
(1) In the discretion of the Municipal Court, every person convicted of, or who pleads guilty or no contest to, a violation of any provision of this Article, shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding one thousand dollars ($1,000.00) per violation or count, by imprisonment not exceeding ninety (90) days or by useful community service or any combination of the above. Each day any violation of this Article shall constitute a separate offense.
(2) Authority is hereby expressly granted to the judges of the Municipal Court to enter any order enjoining an activity or authorizing its restraint, removal, termination or abatement by the owner, any agent, occupant or other person who has caused the violation or allowed it to continue. If the owner, agent, occupant or other person fails to comply with the order of the Court, the Court may order abatement or removal of the violation and assess such costs incurred by the Town in removing or abating the violation against the person found by the Court to have caused, allowed to be caused or allowed the violation to continue and such amount shall become a lien upon any real property on which abatement was performed if such amount is not paid to the Court within the time established by the Court for such amount to be paid. (Ord. 01-20)
Division 2
Rabies Control
Sec. 7-7-50. Inoculations.
Every person owning or harboring a dog, cat or other animal within the Town shall have such animal inoculated against rabies as frequently as recommended by the Compendium of Animal Rabies Control as promulgated by the National Association of State Public Health Veterinarians. Animals purchased, obtained or otherwise acquired or brought into the Town shall comply with this Section within thirty (30) days after such acquisition or being brought into the Town. (Prior code 3-1-2.1; Ord. 99-11 §2, 1999)
Sec. 7-7-60. Certificate of vaccination.
Upon vaccination, the veterinarian administering the vaccine shall execute and furnish to the owner of the animal a certificate of rabies vaccination. Such certificate shall contain the following information:
(1) The name, address and telephone number of the owner or harborer of the inoculated animal.
(2) The date of inoculation.
(3) The type of vaccine used.
(4) The year and series number of the rabies tag; and the breed, age, color and sex of the inoculated animal. (Prior code 3-1-2.2)
Sec. 7-7-70. Rabies tags.
Concurrent with the issuance and delivery of the certificate of vaccination referred to in Section 7-7-60 above, the owner of the animal shall receive a metal tag, serial numbered and bearing the year of issuance. (Prior code 3-1-2.3)
Sec. 7-7-80. Duplicate tags.
In the event of loss or destruction of the original tag provided in Section 7-7-70 above, the owner of the animal may obtain a duplicate tag from the veterinarian who vaccinated the animal. (Prior code 3-1-2.4)
Sec. 7-7-90. Designation of qualified persons.
All veterinarians who are duly registered and licensed as such by the State are hereby designated as authorized to vaccinate animals against rabies and to execute certificates of vaccination as provided by law. (Prior code 3-1-2.5)
Sec. 7-7-100. Proof of vaccination.
It is unlawful for any person who owns or harbors any dog, cat or other animal to fail or refuse to exhibit his or her copy of the certificate of vaccination upon demand to any person charged with the enforcement of this Article. (Prior code 3-1-2.6)
Division 3
Animal Bites
Sec. 7-7-150. Duty to report.
Any person having knowledge of an animal bite to a human shall immediately report the incident to the Police Department, animal control officer or to the Public Health Veterinary Section of the Colorado Department of Public Health and Environment. (Prior code 3-1-3.1)
Sec. 7-7-160. Quarantine of animals.
Any animal which has bitten a person shall be confined and observed for a period of ten (10) days from the date of the bite. Confinement of the animal shall be at a local veterinary hospital of the Town's choosing, which cost of confinement shall be borne by the animal owner or other person harboring an animal. The owner of any animal that has been reported as having inflicted a bite on any person shall on demand produce said animal for quarantine as prescribed in this Article. Refusal to produce said animal constitutes a violation of this Article and each day of such refusal shall constitute a separate and individual violation. (Prior code 3-1-3.2)
Sec. 7-7-170. Removal of animals from quarantine.
It is unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined as authorized without the consent of the impounding agency. (Prior code 3-1-3.3)
Division 4
Dog License
Sec. 7-7-200. Dog license required.
Any person having custody of any dog
three (3) months of age or older for seven (7) days shall procure a dog
license. License fees shall be paid
annually to the Town Clerk. License fees
shall be five dollars ($5.00) for each neutered male or spayed female dog, and
ten dollars ($10.00) for each unsterilized dog.
All dog licenses issued hereunder shall be valid for one (1) calendar
year. Upon collection of the dog license
fee by the Town Clerk, a dated receipt shall be issued stating the name and
address of the owner, dog tag number, description of dog, together with an
Sec. 7-7-210. License retained.
The license tag shall be retained by the owner or harborer along with the original dog license receipt and rabies vaccination certificate. Such documents shall be available for inspection by any person charged with the enforcement of this Article. (Prior code 3-1-4.2)
Sec. 7-7-220. Rabies vaccination.
No dog shall be licensed without proof of rabies vaccination as provided in this Article. (Prior code 3-1-4.3)
Sec. 7-7-230. False and stolen license documents.
It is unlawful for any person to make use of, or have in his or her possession or under his or her control, a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination certificate or other form issued in accordance with this Article. (Prior code 3-1-4.4)
Sec. 7-7-240. Transferability.
Dog licenses are not transferable and it is unlawful for any person to attach any license or rabies tag to any animal other than the animal for which such tag was originally issued. (Prior code 3-1-4.5)
Division 5
Running at Large
Sec. 7-7-300. Restraining.
It is unlawful for any person owning or having charge of any dog or other animal, except a domestic house cat, to permit such animal to run at large, unless such animal is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such animal. It is further unlawful to leave a dog unattended on any street, alley or other public place regardless of whether or not said dog is attached to a leash or a rope. (Prior code 3-1-5.1)
Sec. 7-7-310. Animals not permitted in public parks.
It is unlawful for any owner or keeper of any dog or other animal, except domestic house cats, to allow or permit their animal to enter or remain within any public park within the Town whether at large or restrained. (Prior code 3-1-5.2)
Sec. 7-7-320. Nuisance.
It is unlawful for any animal owner or keeper to harbor, maintain or permit on any lot, parcel of land or premises under his or her control any dog or other animal which by any sound, cry or offensive odor shall disturb the peace and comfort of the inhabitants of the neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property. (Prior code 3-1-5.3)
Sec. 7-7-330. Injured animals.
Animals injured on public property shall be impounded pending notification of the owner, if known. (Prior code 3-1-5.4)
Sec. 7-7-340. Running on owner's premises.
The provisions of this Article do not prohibit animals from running at large on the premises of the owner or person having charge of such animal, provided that said owner or person shall prevent said animal from leaving such premises by enclosing, fencing or chaining such animal. (Prior code 3-1-5.5)
Sec. 7-7-350. Problem animals; animal packs.
In the event of elusive, hard to capture, animal packs or problem animals, a police officer or animal control officer is hereby authorized to use a tranquilizer drug, humane trap or other humane means to effect the capture of said animal. The use of deadly force may be used by a police officer when it is necessary to protect the life or health of a human. (Prior code 3-1-5.6)
Division 6
Wild or Vicious Animals
Sec. 7-7-400. Keeping or harboring.
It is unlawful for any person to keep or permit to be kept on his or her premises any wild or vicious animal. This Section shall not be construed so as to apply to a zoological garden, theatrical exhibit or circus, except that no theatrical exhibit or act shall be held in which animals are encouraged to perform through the use of chemicals or an electrical or mechanical device. (Prior code 3-1-6.1)
Sec. 7-7-410. Shooting or harassing.
(a) It is unlawful for any person willfully and unnecessarily to shoot, capture, harass, injure or destroy any wild bird or animal or attempt to shoot, capture, harass, injure or destroy any such wild bird or animal anywhere within the Town.
(b) No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or young of any wild bird or animal anywhere within the Town.
(c) Wild animal includes any animal native
to the State, but does not include rattlesnakes, fish or any species of
amphibians,
(d) Wild bird includes all undomesticated
birds native to North American and undomesticated game birds implanted in
(e) The provisions of this Section do not apply to the personnel of any police, fire or animal control agency or to the State Division of Wildlife or Department of Health or other state or federal agency, when such persons are acting within the scope for their official duties as employees of such agencies.
(f) The provisions of this Section are not intended to allow the destruction of any bird or animal protected by state or federal law. (Prior code 3-2-5.7)
Division 7
Impounded Animals
Sec. 7-7-450. Animal shelter.
An animal shelter shall be provided for the purpose of boarding and caring for any animal impounded under the provisions of this Article, and such shelter shall be in compliance with current state regulations regarding the boarding and caring of animals. (Prior code 3-1-7.1)
Sec. 7-7-460. Removal of animals from animal shelter.
It is unlawful for any person to remove any impounded animal from the animal shelter without consent of the impounding agency. (Prior code 3-1-7.2)
Sec. 7-7-470. Removal of bite animals from quarantine.
Animals impounded because of bites shall not be removed from the pound until after the ten-day observation period. (Prior code 3-1-7.3)
Sec. 7-7-480. Disposition of impounded licensed animals.
As soon as practical after impoundment, notice of impoundment shall be posted in a conspicuous place at the Town Hall for five (5) days. If the owner of the impounded animal is known, notice by personal contact shall be given to the owner. Any impounded animal which is licensed may be redeemed by the owner upon payment of the impound fee, care and feed charges, veterinary charges and such other costs as set by the Police Department. If such animal is not redeemed within five (5) days after notice, it shall be deemed abandoned and the Chief of Police may humanely euthanize said animal or transfer said animal to a humane society or shelter for adoption. For purposes of this Section, days means days during which the pound is open to the public. (Prior code 3-1-7.4; Ord. 99-11 §3, 1999)
Sec. 7-7-490. Disposition of impounded unlicensed animals.
As soon as practical after impoundment, notice of impoundment shall be posted in a conspicuous place at the Town Hall for five (5) days. Any impounded animal which is not licensed may be redeemed by the owner upon payment of the license fee, impound fee, care and feeding charges, veterinary charges, presentation of proof of rabies vaccination and payment of such other costs as set by the Police Department. If such animal is not redeemed within five (5) days after notice, it shall be deemed abandoned and the Chief of Police may humanely euthanize said animal or transfer said animal to a humane society or shelter for adoption. For purposes of this Section, days means days during which the pound is open to the public. (Prior code 3-1-7.5; Ord. 99-11 §4, 1999)
Sec. 7-7-500. Impound fee.
Any person reclaiming an impounded animal shall pay an impound fee of ten dollars ($10.00), plus any daily impound fee normally charged by the impounding facility for each day that the animal has been impounded, plus whatever additional costs incurred, if any. The owner or any other person in possession of or harboring an animal may also be proceeded against for violation of this Article. (Prior code 3-1-7.6)
Sec. 7-7-510. Issuance of citations.
In addition to, or in lieu of, impounding an animal found at large, a police officer or animal control officer may issue to the owner of such animal a summons. In the event the citation is issued as a summons or becomes a summons, the penalty for said violation may be set by the court pursuant to Section 7-1-190 above. (Prior code 3-1-7.7)
Division 8
Cruelty to Animals
Sec. 7-7-550. Cruelty unlawful.
No owner or any other person in possession of or harboring an animal shall fail to provide his or her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal, or cause or permit any dog fight, cockfight, bullfight or other combat between animals or between animals and humans. No owner or any other person in possession of or harboring an animal shall abandon such animal. (Prior code 3-1-8.1)
Sec. 7-7-560. Unlawful to poison animals.
It is unlawful for any person to poison any domesticated animal or to distribute poison in any manner whatsoever with the intent or purpose of poisoning any domesticated animal within the Town, and any person violating this Article shall be punished in accordance with this Article. (Prior code 3-1-8.2)