Chapter 6.12
CRUELTY PREVENTION
Sections:
6.12.020 Cruelty and mistreatment to animals prohibited.
6.12.030 Injuring or killing police dogs unlawful.
6.12.040 Poisoning—Exceptions.
6.12.010 Definitions.
For purposes of this chapter, the following terms shall have the meaning ascribed to them:
“Abandon” means and includes the leaving of an animal without adequate provision for the animal’s proper care by its owner, the person responsible for its care or custody or any other person having possession of such animal.
“Animal” means a living organism other than a plant, insect, arachnid, or bacterium. As used in this code, the term “animal” excludes humans.
“Mistreatment” means and includes every act or omission that causes, or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
“Neglect” means and includes failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual and proper for an animal’s health and well being. (Ord. 1997-23 § 1 (part): prior code § 4-15)
6.12.020 Cruelty and mistreatment to animals prohibited.
A. Cruelty. Other than as permitted by Section 6.12.040, it shall be unlawful for any person to commit cruelty to animals as provided in this section. For purposes of this section, a person commits the crime of cruelty to animals if, except as otherwise authorized by law, he or she knowingly or with criminal negligence overdrives, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills or injures or, having the charge or custody of any animal, fails to provide it with proper food, drink, protection from the weather or abandons it.
B. Open Vehicle. No person who owns or has control of any animal shall allow such animal to ride in any open motor vehicle or vessel in such a manner as to permit injury to the animal. For the purposes of this section, the operator of a motor vehicle shall be deemed to have control of any animals riding therein. Factors to be considered by the court shall include, but are not limited to the following:
1. Transporting any animal in an open truck or any motor vehicle or vessel in such a manner as to permit an animal to jump or be thrown therefrom by acceleration of, stopping of or accident involving the vehicle.
2. Weather conditions and temperature of the vehicle.
3. Failing to safely tether or secure any animal in such a way to prevent it from being thrown from the vehicle by acceleration, stopping of, or accident involving the vehicle.
This section shall not apply to the owner or controller of such animal if such animal is confined to a cage or enclosure of adequate construction to prevent its escape therefrom and provides proper ventilation.
C. Endangering Animal’s Health or Life. Other than as permitted by Section 6.12.040, no animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal’s life or health is endangered. (Ord. 1997-23 § 1 (part): prior code § 4-16)
6.12.030 Injuring or killing police dogs unlawful.
It is unlawful for any person to wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any police dog used in the performance of the functions or duties of the Police Department or to interfere with or meddle with any such police dog while being used in the city or by any police dog handler in the performance of any of the duties or functions as may have been requested by the Police Department. (Ord. 1997-23 § 1 (part): prior code § 4-17)
6.12.040 Poisoning—Exceptions.
It is unlawful for any person to poison any dog or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any domesticated animal, or any game animal under the authority or control of the Colorado Division of Wildlife or to capture or kill any animal without a valid permit to do so issued by a local, state or federal agency with jurisdiction without express permission from the Division of Wildlife. For the purposes of this section, the term “domesticated animal” shall not include mice, rats, bats or other rodents, but shall include hamsters, guinea pigs, rabbits, squirrels and prairie dogs. Any domestic or game animal which becomes poisoned as a result of negligent or careless placement of poisonous substances shall be considered prima facie evidence of violation of this section. (Ord. 1997-23 § 1 (part): prior code § 4-18)