Chapter 6.04
ANIMAL REGULATIONS
Sections:
6.04.020 Abandonment of animals.
6.04.050 Injuring or meddling with police dogs.
6.04.060 Prohibition against ownership or sale of certain animals – Wild animals at large.
6.04.070 Interference with enforcement.
6.04.080 Inspection procedure.
6.04.110 Board of Animal Services.
6.04.120 Removal and disposal of dog excrement.
6.04.130 Animals at downtown events.
6.04.010 Cruelty to animals.
It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary sustenance, cruelly beat, mutilate or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhumane manner, any animal, or to cause any of these acts or omissions to be done. It shall be unlawful for any animal owner to fail to provide any animal with proper food, drink, protection from the weather and necessary medical treatment to prevent suffering, or to cause any of these acts or omissions to be done.
(Code 1994 § 6-1; Code 1965 § 6-19(a))
State law reference(s) – Cruelty to animals, § 18-9-201, C.R.S. et seq.
6.04.020 Abandonment of animals.
It shall be unlawful for any person to abandon any animal or to cause such to be done.
(Code 1994 § 6-2; Code 1965 § 6-19(e))
6.04.030 Poisoning animals.
It shall be unlawful for any person to poison any animal or to distribute poison in any manner whatsoever with the intent to, or for the purpose of, poisoning any animal; provided, however, that for the purpose only of this section the word “animal” shall not include mice, rats, bats or other rodents, but shall include hamsters, guinea pigs, rabbits and squirrels. The distribution of any poison or poisoned meat or food, other than those specifically for insect or mouse, rat or bat or other rodent poisoning, shall be prima facie evidence of violation of this section.
(Code 1994 § 6-3; Code 1965 § 6-19(b))
6.04.040 Molesting birds.
It shall be unlawful for any person within the City or within the cemeteries of the City to at any time willfully frighten, shoot at, wound, kill, capture, ensnare, net, trap, or in any other manner molest any robin, lark, whippoorwill, finch, thrush, wren, martin, swallow, snowbird, bob-o-link, red-winged blackbird, raven, oriole, kingbird, mockingbird, song sparrow, or any waterfowl or other song or insectivorous birds; or to in any manner molest or injure the nest, eggs or young of any such birds or waterfowl.
(Code 1994 § 6-4; Code 1965 § 6-19(c))
6.04.050 Injuring or meddling with police dogs.
It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable or kill any dog, including a guard dog, used by a law enforcement agency within the City in the performance of the functions and duties of such agency, or to unwarrantedly interfere or meddle with any such dog while being used by such agency or any member thereof in the performance of any of the functions or duties of such law enforcement agency or of such members.
Interference or meddling with a law enforcement dog includes yelling, barking at, or otherwise distracting by noise, whether yelling or speaking to the canine while he is located inside or outside the law enforcement vehicle. Unsolicited physical touching or throwing objects at or near the dog shall also be included. These examples are inclusive but not limitations.
(Ord. 4350, 4-15-09. Code 1994 § 6-5; Code 1965 § 6-19(f))
Cross reference(s) – Law enforcement, Chapter 2.44 GJMC.
6.04.060 Prohibition against ownership or sale of certain animals – Wild animals at large.
(a) It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in the following species of animals:
(1) All poisonous snakes and poisonous reptiles; and all nonpoisonous snakes with a length greater than six feet;
(2) Gorillas, chimpanzees, orangutans, and any other primates;
(3) Any species of feline not falling within the categories of ordinary domesticated house cats;
(4) Bears of any species;
(5) Raccoons, porcupines, skunks, badgers, or other similar species, except ferrets (Mustela putruis); or
(6) Foxes, wolves, coyotes, or other species of canines other than dogs.
(b) The provisions of subsection (a) of this section shall not be applicable to any bona fide zoological garden or any circus or carnival licensed by the City or any bona fide research institute using wild, exotic or dangerous animals for scientific research.
(c) It shall be the duty of the Animal Services Officer, or any police officer, to apprehend any wild animal that may be at large within the City. Such wild animal may be impounded, released in wild areas outside of the City which are representative of the animal’s natural habitat, or humanely destroyed, as the Animal Services Officer, or police officer, in the officer’s discretion shall determine, subject to applicable State law. The Animal Services Officer is hereby authorized to use any tranquilizer gun or other firearm to subdue or destroy any wild or dangerous animal that is determined by the Animal Services Officer to be of danger to either itself or to the public health and safety.
(Ord. 4561, 12-5-12. Code 1994 § 6-6; Code 1965 § 6-20)
6.04.070 Interference with enforcement.
It shall be unlawful for any person to interfere with, molest, hinder or obstruct the Animal Services Officer or any other City employee or official in the discharge of the official’s duties under this chapter.
(Ord. 4561, 12-5-12. Code 1994 § 6-7; Code 1965 § 6-21(a))
6.04.080 Inspection procedure.
Whenever the Animal Services Officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises conditions such that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require an inspection to safeguard the animal or the public health or safety, the Animal Services Officer or the Animal Services Officer’s authorized representative is hereby authorized to enter such property at any reasonable time and to inspect such property and perform any duty imposed upon the Animal Services Officer by this chapter or by other applicable law; provided, that:
(a) If such property is occupied, the Animal Services Officer shall first present proper credentials to the occupant and request entry, explaining the Animal Services Officer’s reasons therefor and the purpose of the Animal Services Officer’s inspection; and
(b) If such property is unoccupied, the Animal Services Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the Animal Services Officer’s reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer or the Animal Services Officer’s authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
(Ord. 4561, 12-5-12. Code 1994 § 6-8; Code 1965 § 6-21)
6.04.090 Dead animals.
(a) Placing Dead or Sick Animals, Fowl in the City. It shall be unlawful for any person to throw, put or place any dead dog, livestock, fowl or other animal, or part thereof, or any sick or injured dog, livestock, fowl or other animal, in or upon any street, alley, vacant lot, park or other public place within the City.
(b) Disposal of Dead Animals on Private Property. When any animal shall die in this City, it shall be the duty of the owner or keeper thereof to forthwith cause the removal of the body of such animal by an animal carcass removal and disposal company; or to remove the body of such animal for burial in an authorized animal cemetery; or to remove the body of such animal beyond the limits of the City and cause the carcass to be buried in the earth sufficiently deep to prevent the escape of effluvia injurious to public health. If such carcass shall not forthwith be removed, the same shall be deemed a nuisance and such owner or keeper shall be guilty of a misdemeanor.
(c) Disposal of Dead Animals on Public Right-of-Way. When the body of a dead animal shall be in any street, alley, highway or public grounds and the owner or keeper cannot be determined, it shall be the duty of the Chief of Police, other police officer or Animal Services Officer, when knowledge thereof shall come to the officer, to forthwith cause such body to be taken to or removed by an animal carcass removal and disposal company.
(Ord. 4561, 12-5-12. Code 1994 § 6-9; Code 1965 § 6-22)
6.04.100 Refusal to pay fees.
The refusal to redeem any impounded dog, livestock, fowl or other animal by the owner thereof shall not relieve the owner of the duty to pay the impoundment, license, boarding and veterinary charges and fees that may be assessed. The owner of any dog, livestock, fowl or other animal who fails or refuses to pay such fees and charges shall be in violation of this chapter and upon conviction shall be subject to both such fine and imprisonment as provided by this chapter.
(Code 1994 § 6-10; Code 1965 § 6-23)
6.04.110 Board of Animal Services.
A five-member advisory board consisting of one representative of the City Police Department, County Sheriff’s Department, Mesa County Board of County Commissioners, Mesa County Veterinarian, and the Director of the County Health Department or designee is hereby established. No member of the Board shall receive compensation for serving thereon. The Board shall provide advisory financial and budgetary input regarding the Animal Services Division and shall recommend animal services fees and charges. The Mesa County District Attorney or designee and the City Attorney or designee shall serve as legal advisors to the Board.
(Ord. 4561, 12-5-12. Code 1994 § 6-11; Code 1965 § 6-28)
6.04.120 Removal and disposal of dog excrement.
(a) The terms “dog” and “owner” as used in this section shall be as defined in GJMC 6.12.020.
(b) No person owning, keeping or in charge of any dog shall fail to prevent such dog from defecating upon any public property, sidewalk or way within the areas or boundaries as specified in this chapter.
(c) It is an affirmative defense to a charge of violating this section that the defecation occurred on private property and that the prior express permission of the owner or all tenants thereof had been obtained.
(d) It is an affirmative defense to a charge of violating this section that the owner, keeper or person in charge of such dog immediately removed or cleaned up such deposit and disposed thereof by depositing it in a toilet or a receptacle ordinarily used for garbage or in an otherwise lawful and sanitary manner.
(e) No person shall fail to possess a shovel, scoop or other suitable equipment for removing dog excrement while the dog and the owner, keeper or person in charge of the dog are upon any public property, sidewalk or way within the jurisdictional boundary of this chapter. For the purposes of this section, an Animal Services Officer, police officer or other officer or agent of the City of Grand Junction having jurisdiction to enforce this code may make a prima facie determination as to the sufficiency of any scoop, shovel or removal device. The owner, keeper or person in charge of the dog shall be relieved from the obligations of this subsection (e) if the dog is: used or participating in a parade, exhibition or demonstration authorized by the City of Grand Junction; or the dog is being actively used or is participating as an operative in a law enforcement search, investigation or other official law enforcement activity; or the dog is being transported in an automobile, truck or similar conveyance and the dog remains confined within the automobile, truck or similar conveyance at all times while being transported on or within the specified areas. Law enforcement officers shall be required to properly remove and dispose of excrement of law enforcement canine(s) after completion of any search, investigation or official law enforcement activity.
(f) Violation of subsection (b) of this section constitutes a separate and distinct offense from violation of subsection (e) of this section.
(g) Every person convicted of a violation of subsection (b) of this section shall pay at least a minimum fine, none of which may be suspended by the Court, according to the following schedule: first conviction, $25.00; second conviction, $50.00; third and each subsequent conviction, $100.00. In applying this schedule the date when the actual violation occurred shall control, regardless of the date of conviction, and the record of the violator for three years prior to the date of the current violation shall be considered.
(h) Every person convicted of a violation of subsection (e) of this section shall pay at least a minimum fine, none of which may be suspended by the Court, according to the following schedule: first conviction, $25.00; second conviction, $50.00; third and each subsequent conviction, $100.00. In applying this schedule the date when the actual violation occurred shall control, regardless of the date of conviction, and the record of the violator for three years prior to the date of the current violation shall be considered.
(i) This chapter is applicable in, and the jurisdictional boundary is designated to be, all public parks within the City of Grand Junction and including the Main Street “park” described as the area around Main Street bounded by the eastern edge of the right-of-way of 1st Street, the western edge of the right-of-way of 7th Street, the north edge of the right-of-way of the alley north of Main Street and the southern edge of the right-of-way of the alley south of Main Street and those portions of the Riverfront Trail, and other trail sections or lengths, as designated by the resolution of the City Council, so long as such trails, sections, or lengths are within the City’s limits and the trail users are given notice by the use of the appropriate signs.
(j) Any person who is blind, as that term is defined in § 26-2-103(3), C.R.S. and uses a guide dog shall be exempt from the provisions of this chapter.
(Ord. 4561, 12-5-12; Ord. 2884, 1-3-96. Code 1994 § 6-12)
6.04.130 Animals at downtown events.
(a) No animal owner, or any person who harbors an animal, shall permit his animal to be at, in or within the permitted area of any special event(s) in downtown Grand Junction, as defined in GJMC 6.12.020, unless prior written permission is granted by the City or the DDA allowing the animal(s) to be present within the permitted area of the event. Physical or mechanical confinement of the animal is not a defense to prosecution under this section. Service dogs and police canines shall be exempt from this section. For purposes of this section special events are those activities which hold a valid permit issued by the City or the Downtown Development Authority (“DDA”).
(b) The City or the DDA or an event promoter authorized by the City or the DDA may allow animals at any event or may as part or all of an event authorize an organized race, exhibition and/or parade, training class(es), show(s) or obedience trial or similar activities or entertainment involving animals.
(Ord. 4459, 4-18-11)