§ 3-4

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, hobby kennel or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner's premises or on the premises where the animal is boarded or kept. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

No owner of any exotic animal shall maintain such animal without proof of proper Federal and State permits, inspections and other required approvals. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

No owner of any dog, except a totally or partially blind person, deaf or hearing impaired person, or handicapped person using an assistance dog, shall permit or allow such dog to do any of the following:

• a. Defecate on any public road or street or other public property without immediately cleaning or removing the excrement to a proper receptacle.

• b. Defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control thereof.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

• a. No owner of any animal shall do any of the following:

  1. Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise.

  2. Permit such animal to damage or trespass on public or private property.

  3. Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons.

  4. Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

• b. Any violation of this section is hereby declared to be a public nuisance.

• c. Whenever the Animal Control Officer or any Animal Control Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Animal Control Officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the Animal Control Officer shall investigate the alleged nuisance; provided, however, that where there is only one (1) person residing or regularly employed within three hundred (300) feet of the alleged public nuisance, written affirmation of only that one

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(1) person shall be required for the Animal Control Officer to investigate the alleged nuisance. If, upon investigation, the Animal Control Officer determines that a public nuisance exists, the Animal Control Officer may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the Animal Control Officer may immediately refer the matter to the District Attorney for prosecution of the public nuisance.

• d. Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.

• e. Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and State law.

• (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while the dog is in the custody of or being used by a law enforcement officer in the performance of his/her official duties. As used in this section, police dog shall mean any dog specially trained for assistance to law enforcement officers. (Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 16 (part))

a. Definitions.

nal Revenue Code, whose purpose is the rescue and placement of animals into permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.

Animal shelter means a premise operated by a governmental entity or humane society whose purpose is to house and care for animals.

Cat means any animal of the species Felis catus or any hybrid thereof, regardless of sex.

Dog means any animal of the canine species, regardless of sex.

PACFA means the Pet Animal Care Facilities Act, C.R.S. § 35-80-101 et seq.

• b. It is unlawful for any retail store, owner, operator or employee to sell, display, exchange, offer for sale or adoption, advertise, auction, barter, trade, deliver, give away, lease, or otherwise transfer ownership or dispose of any dog or cat in the Town.

• c. This prohibition does not apply to PACFAlicensed organizations such as humane societies, animal shelters, animal rescue organizations, or non-profit establishments that partner with these organizations.

• d. Any PACFA-licensed organization listed above that offers space for the adoption of dogs or cats shall post a sign listing the name of the organization licensed by the State of Colorado from which the dog or cat was obtained.

• e. A violation of this section is punishable under Section 1-4-20 of this Code.

(Ord. No. 2025-1718, § 1, 4-28-2025)

Editor’s note— Ord. No. 2025-1718, § 1, adopted Apr. 28, 2025, set out provisions intended for use as §§ 10-4-230 and 10-4-240. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 3-4-1085.

Animal rescue organization means any not-forprofit organization which has tax-exempt status under Section 501(c)(3) of the United States Inter-

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provided by law. (Ord. No. 92-22 § 2 (part); Ord. No. 98-107 § 28; Ord. No. 2006-206 § 8 (part))

2. One-half ([1] /2) to pay for humane education and training.

• (Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and shall be punishable therefore as provided in this article. (Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

A court of competent jurisdiction may order any person convicted of a violation of this chapter to attend a school for animal control violators for instruction in the care and control of animals, consistent with this chapter and State law. The curriculum of any such school shall be subject to the approval of the Animal Control Officer. (Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 8 (part))

• a. All fines collected for violations of Division 14 of the Food and Agricultural Code shall be paid into the Town Treasury and used as follows:

  1. First, to pay fees for the issuance of licenses and permits under this chapter;

  2. Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this chapter;

  3. Third, to pay damages to owners of livestock which are killed by dogs;

  4. Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Penal Code Section 597f.

• b. All fines collected for violations of this chapter shall be paid into the Town Treasury and used as follows:

  1. One-half ([1] /2) as set forth in subsection a of this section;

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CHAPTER 5.

DISTURBING THE PEACE*

deemed sufficient by the enforcement officer and which establishes a sufficient factual basis for enforcement or escalation.

(Ord. No. 2026-403, § 1, 2-4-2026)