Windsor Municipal Code Art. 10 Prohibited Conduct

No person shall prevent, obstruct, hinder or interfere with an Animal Control Officer in the performance of the officer's duties under this chapter or State law.

(Ord. No. 92-22 § 2 (part))

No person shall remove or attempt to remove any animal taken into custody by an Animal Control Officer without the officer's authorization.

(Ord. No. 92-22 § 2 (part))

No person shall cause or aid in the escape of any animal sought for custody by an Animal Control Officer.

(Ord. No. 92-22 § 2 (part))

No person shall fail to comply with any lawful order of an Animal Control Officer to present an animal for inspection.

(Ord. No. 92-22 § 2 (part))

No person shall abandon any dog or cat in or upon any public street or other public place, or upon any private property or premises.

(Ord. 98-107 § 10)

No person shall cause, permit, or allow any dog to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such dog, nor shall any person cause, permit, or allow any dog to be upon any public street or other public place unless the dog is restrained by a substantial leash, except:

a. When such dog is assisting a law enforcement officer in the performance of police work.

b. When such dog is assisting a duly authorized person in an official search and rescue operation.

c. When such dog is assisting the owner in working, herding, or controlling livestock.

d. When such dog is assisting the owner in hunting on private property with the consent of the owner, lessee or other person in control thereof.

e. When such dog is participating in a dog training class, exhibition or competition, or an ongoing training program related thereto, under the direction and control of a dog trainer or other qualified person on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof.

f. When such dog is accompanying the owner or other person in control of such dog on private property with the consent of the owner, lessee, or other person in control thereof.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 11)

No person shall wilfully or knowingly cause, permit, or, through failure to exercise due care or control, allow any livestock to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such livestock except:

a. When such livestock is being led, driven, or conducted along a public street during daylight hours under the supervision of the owner or other person in control of such livestock.

b. When such livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof, and such property is lawfully fenced.

c. When such livestock is on designated open range areas. The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs, and other expenses incurred by the Animal Control Officer in restraining, capturing, or rescuing such livestock if the such owner is responsible for the livestock being at large. The salaries, costs, and expenses of the Animal Control Officer shall be determined by the Animal Control Officer with the concurrence of the Town Auditor.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 12)

No person shall cause, permit, or allow any exotic animal to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such exotic animal.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 13)

No owner of any dog shall permit or allow such dog to enter upon any property whereon sheep or other livestock are kept 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 § 14 (part))

No person shall refuse to obey the conditions of any lawfully imposed quarantine or remove, tear, deface, mutilate, obscure or destroy or in any other manner whatsoever interfere with any placard, notice or proclamation declaring such quarantine, placed on or about the premises on which any of the animals so quarantined are located.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 14 (part))

No owner of any animal shall stake, tie or tether such animal on any public road or street or other public property which is not set aside for such staking, tying or tethering, or on any private property 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 § 14 (part))

No owner of any animal shall permit or allow such animal to enter or remain in any Town building, except the Town Animal Shelter, those Town buildings used for animal training classes, exhibitions, or competitions, and any other Town building or part thereof designated by the Council. This section shall not apply to totally or partially blind persons, deaf or hearing impaired persons, or other disabled persons using assistance dogs, law enforcement officers engaged in police work using dogs to assist them and such other persons as may be authorized by the Animal Control Officer.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 15)

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 (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.

Animal rescue organization means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal 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 PACFA-licensed 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.