Section 14-4-1. Title and Purpose.

The provisions of this article 4 of Chapter 14 of the Municipal Code shall be known and cited as the Northglenn Impounding Ordinance.

The provisions of this article shall govern the impounding, custody, control, release and disposition of dogs, cats, domestic animals and reptiles impounded or confined pursuant to the ordinances of the City.

[Source: Ord. 436, 1976]

Section 14-4-2. Pound Facilities.

The City Council shall designate an appropriate animal holding facility as the animal control facility of the City of Northglenn, wherein shall be kept all dogs, cats, domestic animals and reptiles impounded, pursuant to the ordinances of the City, except as otherwise provided in this section.

The Manager may designate one or more temporary holding facilities for the temporary impoundment, holding or confinement of dogs, cats, domestic animals and reptiles subject to the provisions of this chapter.

[Source: Ord. 436, 1976; 982, 1989; 1221, 1999]

Section 14-4-3. Care of Estrays. Any bovine animal, horse, mule or ass taken up as estray shall be properly cared for, fed, and provided with necessary services of a veterinarian, and kept or housed at the animal control facility of the City of Northglenn, or at such other suitable place or facility as the Manager shall direct. Owners of any estray are liable for all charges incurred by the City, including, but not limited to, veterinary fees. The City may seek reimbursement for charges incurred through restitution or any other legal remedy available to the City.

[Source: Ord. 436, 1976; 1765, 2019]

Section 14-4-4. Disposition of Injured Dog or Animal.

In the event a seriously or critically injured dog, cat, domestic animal, or reptile is in the custody of the animal control facility without identification, without a rabies tag, or other means of identifying the owner, the supervisor of Animal Control of the City of Northglenn is hereby and herewith authorized to dispose of such dog, cat, domestic animal, or reptile without holding the same for any period.

In the event a seriously or critically injured dog, cat, domestic animal or reptile impounded by an animal control officer is without identification, without a rabies tag, or other means of identifying the owner, such animal control officer is hereby and herewith authorized to dispose of such injured dog, cat, domestic animal or reptile without holding the same for any period and without placing the same in the animal control facility.

[Source: Ord. 436, 1976; 982, 1989]

Section 14-4-5. Notice of Impoundment. In every case of impoundment, the animal control officer shall cause to be entered in the records of the Northglenn Police Department within eight (8) hours after seizure, and for six consecutive days thereafter, a description of each dog, cat, domestic animal or reptile impounded; the date, place and approximate time of seizure; and the name and address of the animal control facility in which the same is impounded. Such records shall be open to inspection by any person during regular business hours.

[Source: Ord. 955, 1989]

Section 14-4-6. Procedure for Release of Impounded Dog or Cat.

No dog or cat shall be released from impoundment except upon compliance with the redemption procedure provided by ordinance, or upon order of a municipal judge, the manager, or an animal control officer.

Any dog or cat impounded solely by reason of violation of the requirements of this chapter relating to rabies vaccination or the display of a rabies tag or rabies vaccination receipt, may be redeemed by the owner or the agent of the owner upon:

Satisfactory proof of ownership;

Proof of compliance with the rabies vaccination requirements of this chapter; and

Payment of all fees and charges, including, but not limited to, any veterinary charges, and impoundment fees as established by contract between the City of Northglenn and the City's designated animal control facility.

Any dog or cat impounded by reason of being found running at large in the City of Northglenn may be redeemed by the owner of the agent of the owner upon:

Satisfactory proof of ownership;

Proof of compliance with the rabies vaccination requirements of this chapter;

Payment of all fees and charges, including, but not limited to, any veterinary charges, and impoundment fees as established by contract between the City of Northglenn and the City's designated animal control facility.

Compliance with the requirements of Sections 14-4-14 and 14-4-15 of this article.

A dog or cat impounded by order of any court shall not be released except as ordered by such court.

Any impounded dog or cat who has been found running at large shall be required to have a unique identifying microchip implanted in the dog or cat by the contracted animal shelter or a licensed veterinarian at the owner's expense. Evidence of such microchip implantation and the unique identifying microchip number shall be provided by the contracted animal shelter or veterinarian to the City's animal control officer(s) within ten (10) days of conviction or upon release of the dog or cat from impoundment, whichever is less.

[Source: Ord. 852, 1987; 982, 1989; 1221, 1999; 1765, 2019]

Section 14-4-7. Procedure for Release of Impounded Domestic Animal or Reptile. Any impounded domestic animal, fowl or reptile, except an estray subject to the provisions of Section 14-3-1, may be redeemed by the owner thereof or the agent of the owner upon satisfactory proof of ownership together with the payment of the appropriate fee.

[Source: Ord. 471, 1977]

Section 14-4-8. Disposition of Impounded Dogs.

If a complaint has been filed in the municipal court, an impounded dog shall not be destroyed except by order of a municipal judge.

If a complaint has not been filed in the municipal court, because the owner of an impounded dog is not known or cannot be located, and such dog has not been claimed within five (5) days of the date of impoundment, not counting the day of impoundment, such dog may be sold, given away or destroyed in accordance with the procedures established by the City of Northglenn and the animal control facility. For purposes of this paragraph, days means days during which the pound is open to the public.

If a complaint has not been filed in the municipal court, but the owner, possessor or keeper of an impounded dog has been notified of the impoundment as provided by this ordinance and such dog has not been claimed within six days of the date of impoundment, such dog may be destroyed or otherwise disposed of in the manner provided in subsection (b) of this section.

The date on which notice of the impoundment of such dog is posted in a public place pursuant to the provisions of this ordinance shall conclusively be presumed to be the date of impoundment for all purposes of this ordinance.

[Source: Ord. 935, 1988; 982, 1989; 1236, 1999]

Section 14-4-9. Disposition of Impounded Cats and Other Animals.

If an impounded cat has not been claimed within five (5) days of the date of impoundment, not counting the day of impoundment, such cat may be sold, given away or destroyed in accordance with the procedures established by the City of Northglenn and the animal control facility. For purposes of this paragraph, days means days during which the pound is open to the public.

If any domestic animal or reptile, except an estray subject to the provisions of Section 14-3-1, has not been claimed within five (5) days of the date of impoundment, not counting the first day of impoundment, such domestic animal or reptile may be sold, given away or destroyed in accordance with the procedures established by the City of Northglenn and the animal control facility. For purposes of this paragraph, days means days during which the pound is open to the public.

[Source: Ord. 935, 1988; 1236, 1999]

Section 14-4-10. Exceptions--Authority of Manager. The provisions of any other section of this ordinance notwithstanding, the Manager shall have the power and authority, whenever in such manager's judgment the interest of the City of Northglenn requires such action, to extend any time period provided by this ordinance; to waive or refund payment of any fee required by this ordinance when it shall appear that such fee has been unlawfully imposed or collected; or to order that any dog, cat, domestic animal or reptile shall not be destroyed or disposed of as may be provided by this ordinance.

[Source: Ord. 436, 1976; 1824, 2022]

Section 14-4-11. Authority of Municipal Court to Order Disposition of Dog or Animal.

The Municipal Court of the City of Northglenn shall have the authority:

To order the destruction of a vicious dog, cat, domestic animal or reptile, whether or not impounded, in accordance with the provisions of subsection (2) below.

To order the disposition of any dog, cat, domestic animal or reptile impounded and subject to disposition by order of court under the provisions of any City ordinance.

To order the waiver or refund of any fee required by this ordinance when it shall appear that such fee has been unlawfully imposed or collected.

To order that any dog, cat, domestic animal or reptile shall not be destroyed as permitted by this ordinance.

To extend any time period provided by this ordinance.

To order the confinement for rabies observation of any dog, cat or domestic animal in any circumstances in which such confinement is provided or permitted under the provisions of this article.

To order the release from impoundment or confinement of any dog, cat, domestic animal or reptile impounded or confined under the provisions of this chapter.

To make and enforce such orders as the judge shall deem necessary or desirable to accomplish the purposes and enforcement of this ordinance, or to correct or prevent injustice in the application of any provisions of this ordinance.

Prior to ordering the destruction of a dog, cat, domestic animal or reptile, the court shall conduct a hearing at the earliest date available to the court and the parties to determine if the animal shall be destroyed. At said hearing, the Colorado Rules of Evidence shall not apply, and the court shall ensure that evidence shall be offered and questioning shall be conducted in an orderly manner and according to basic notions of fairness. At said hearing, the Court shall consider, as applicable, the following:

Any evidence presented at any trial involving the animal;

The conduct of the animal during the incident charged;

Any other evidence of dangerous or violent behavior by the animal, or threats thereof;

Any prior violations by the owner, possessor, keeper or controller of the animal of this chapter or similar laws of any state or political subdivision thereof;

Any prior violations by any other owner, possessor, keeper or controller of the animal, involving the same animal, of any violation of this chapter or any similar laws of any state or political subdivision thereof;

Any other conditions existing on the property where the animal has been or will be kept which would affect the likelihood of any danger to any person, animal or property;

Any evidence of any ameliorative action taken by the owner, possessor, keeper or controller of the animal which would affect the likelihood of any danger to any person, animal or property;

Any other evidence relevant to the issues to be determined by the court;

If the defendant is not an owner of the animal, and if the name and address of an owner is known to the City or the court, said owner shall be notified in writing of the date, time, place and purpose of said hearing at least five days before said hearing. Notice shall be sufficient if served in compliance with C.M.C.R. 206(F);

If at such hearing, the City establishes by a preponderance of the evidence, that there is a reasonable likelihood of future injury to person, property or animals, the court shall order the animal to be destroyed in a humane manner. Upon oral motion of the defendant or an owner, said order shall be stayed for 30 days to allow the movant to appeal said order, provided the movant pays the estimated costs of impoundment within 24 hours of the entering of the stay;

If the court determines that it is not appropriate to order the animal destroyed, the court may order the animal returned and to be kept under such circumstances as will ensure the safety of persons, property or other animals.

[Source: Ord. 905, 1988]

Section 14-4-12. Confinement for Rabies Observation.

An animal control officer may by order cause any dog, cat, ferret, horse, cow or sheep to be confined for a period of ten (10) days for rabies observation when:

The animal control officer has probable cause to believe that such dog, cat, ferret, horse, cow or sheep has bitten any person, or has bitten any dog, cat or domestic animal of different ownership; or

The animal control officer has probable cause to believe that a person has been bitten by a dog, cat, ferret, horse, cow or sheep, and a reasonable basis for believing that the dog, cat, ferret, horse, cow or sheep proposed to be confined has bitten or could have bitten such person; or

The animal control officer has probable cause to believe that such dog, cat, ferret, horse, cow or sheep has rabies; or

The animal control officer has probable cause to believe that such dog, cat, ferret, horse, cow or sheep has been exposed to rabies.

Whenever any dog, cat, ferret, horse, cow or sheep is ordered confined under the provisions of Section 14-4-12(a), and such dog, cat, ferret, horse, cow or sheep has not been vaccinated against rabies as provided by this chapter, the animal control officer shall order such confinement at the place provided by Section 14-4-12(d)(1) or (2).

Whenever any dog, cat, ferret, horse, cow or sheep which has been vaccinated against rabies as provided in this chapter is ordered confined under the provisions of Section 14-4-12(a), the animal control officer may order such confinement on the premises of the owner of such dog, cat, ferret, horse, cow or sheep, if the animal control officer determines:

That such owner resides in the City of Northglenn; and

That such confinement can be accomplished without exposing the public to danger from the dog, cat, ferret, horse, cow or sheep so confined.

If the animal control officer determines that confinement of such dog, cat, ferret, horse, cow or sheep cannot be accomplished as provided in Section 14-4-12(c), the animal control officer may order such dog, cat, ferret, horse, cow or sheep confined for the purposes of Section 14-4-12(a);

At a private veterinary hospital, at the expense of the owner of such dog, cat, ferret, horse, cow or sheep, if such owner agrees to be responsible for such expense; or

At the animal control facility, in which event the owner of such dog, cat, ferret, horse, cow or sheep shall be responsible for payment of the pound fee established by this ordinance.

Whenever any dog, cat, ferret, horse, cow or sheep is confined in the animal control facility for the purposes of Section 14-4-12(a), and the owner thereof is known or is located:

The owner shall be given written notice of the period of confinement and the purpose thereof;

Such notice shall state that upon expiration of the period of confinement, if such dog, cat, ferret, horse, cow or sheep is not found to be rabid, the same will be deemed impounded subject to redemption as provided in the Municipal Code.

Upon the expiration of any period of confinement for rabies observation, any dog, cat, ferret, horse, cow or sheep confined in the animal control facility for such observation shall be deemed impounded. The day following expiration of such period of confinement shall be the first day of impoundment, and notice thereof shall be posted in the municipal building of the City of Northglenn as provided by Section 14-4-5. Such impounded dog, cat, ferret, horse, cow or sheep may be claimed, redeemed or disposed of as provided in this article.

[Source: Ord. 436, 1976; 1765, 2019; 1824, 2022]

Section 14-4-13. Temporary Holding Facility.

Any dog, cat, domestic animal or reptile impounded under the provisions of the ordinances of the City, if the owner thereof can be identified and located, may be placed in the discretion of the Manager or an animal control officer, in a temporary holding facility.

Except as otherwise provided in this article, any dog, cat, domestic animal or reptile placed in a temporary holding facility, or temporarily held under the provisions of this ordinance, may be released as provided in Section 14-4-14 of this ordinance.

[Source: Ord. 436, 1976]

Section 14-4-14. Procedure for Impounding and Release of Dogs and Cats--Temporary Holding Fee.

As used in this section:

"Notice" means a notice issued by an animal control officer to the owner of a dog or cat, notifying such owner that such dog or cat was running at large in the City on a date certain, and containing a schedule or statement of the penalties and fees provided therefore by ordinance.

"Incident" means any date on which any dog or cat was running at large in the City, as shown by the records of the City, as the result of which:

Such dog or cat was impounded; or

A notice was issued to the owner pursuant to the provisions of this section; or

A summons and complaint was issued to the owner for violation of a City ordinance.

"Running at large" means running at large in violation of a City ordinance.

The words "summons may issue" mean that the animal control officer, if the animal control officer shall have probable cause to believe that a violation of the provisions of Section 14-2-6(e) or Section 14-3-8(b) of this chapter has been committed by the owner of such dog or cat, shall institute proceedings for the prosecution of such violation, by issuing to the owner of such dog or cat a summons and complaint which shall require the appearance of said owner before the Municipal Court, or at the clerk's office of said court, to answer the charges therein specified.

In the case of any impounded dog or cat, whose owner has not previously been the subject of an incident, found running at large by an animal control officer; such dog or cat shall be released from the temporary holding facility, to the owner, upon compliance with the provisions of Section 14-4-15 of this article and the following:

Payment of all fees and charges, including, but not limited to, any veterinary charges and impoundment fees shall be as established by contract between the City of Northglenn and the City's designated animal control facility.

Display of proof of rabies vaccination.

In the case of any impounded dog or cat, whose owner has once previously been the subject of an incident, found running at large by an animal control officer a summons may issue and such dog or cat shall be released from the holding facility, to the owner, upon compliance with the provisions of Section 14-4-15 of this article and the following:

Payment of all fees and charges, including, but not limited to, any veterinary charges and impoundment fees shall be as established by contract between the City of Northglenn and the City's designated animal control facility.

Display of proof of rabies vaccination.

In the case of any impounded dog or cat, whose owner has more than once previously been the subject of an incident, found running at large by an animal control officer such dog or cat shall be released from the temporary holding facility, to the owner, upon compliance with the provisions of Section 14-4-15 of this article and the following:

Payment of all fees and charges, including, but not limited to, any veterinary charges and impoundment fees shall be as established by contract between the City of Northglenn and the City's designated animal control facility.

Display of proof of rabies vaccination; and

The animal control officer, if the animal control officer shall have probable cause to believe that a violation of the provisions of Section 14-2-6(e) or Section 14-3-8(b) of this chapter has been committed by the owner of such dog or cat, shall institute proceedings for the prosecution of such violation, by issuing to the owner of such dog or cat a summons and complaint which shall require the mandatory appearance of said owner before the Municipal Court of the City of Northglenn to answer the charges therein specified. If for any reason proceedings are not commenced as herein provided, a notice shall issue to the owner of such dog or cat.

Whenever any dog or cat shall be found running at large by an animal control officer, but the animal control officer is unable to capture such dog or cat outside the enclosed premises of the owner thereof, summons may issue. The animal control officer shall, in any case in which summons does not issue:

If such dog or cat has not previously been the subject of an incident, issue a notice to the owner thereof.

If such dog or cat has once previously been the subject of an incident, issue a notice, containing the words "second notice", to the owner thereof.

If such a dog or cat has more than once been the subject of an incident, and the animal control officer has probable cause to believe that a violation of the provisions of Section 14-2-6(e) or Section 14-3-8(b) of this chapter has been committed by the owner of such dog or cat, the animal control officer shall institute proceedings for the prosecution of such violation, by issuing to the owner of such dog or cat a summons and complaint which shall require the mandatory appearance of said owner before the Municipal Court of the City of Northglenn to answer the charges therein specified.

Whenever any dog or cat is found running at large in the City, the determination that the owner of such dog or cat has previously been the subject of one or more incidents shall be made on the basis of records of incidents during the period of one (1) year immediately preceding the date of the violation for the purposes of which the determination is made.

If the owner of any impounded dog or cat subject to a temporary holding fee under the provisions of this ordinance shall establish, by affidavit or as otherwise provided by rule of the Manager, that such owner is an indigent person without money or property to pay the temporary holding fee, the animal control officer may release such dog or cat without payment of such temporary holding fee.

[Source: Ord. 436, 1976; 829, 1986; 982, 1989; 1765, 2019; 1824, 2022]

Section 14-4-15. Temporary Holding--Records Required.

The records required by this section are in addition to all other records required by ordinance or by order of the Manager.

At the time of release of any dog, cat, domestic animal or reptile from any temporary holding facility pursuant to the provisions of Section 14-4-13 and 14-4-14 of this ordinance, the Manager shall make and keep or cause to be made and kept a record or records containing at least the following information:

The name and address of the owner of such dog, cat, domestic animal or reptile;

The date, time and place at which such dog, cat, domestic animal or reptile was seized by the animal control officer;

The date of release;

The holding fee paid;

The name and address of the person receiving such dog, cat, domestic animal or reptile upon release;

The signature of the person named pursuant to Section 14-1-6(d)(5), affirming or verifying the information required by Sections 14-1-6(d)(1) to (5).

[Source: Ord. 436, 1976]

Section 14-4-16. Other Records Required.

At the time of release to the owner of any dog, cat, domestic animal or reptile, not impounded or held in a temporary holding facility, the animal control officer shall make and cause to be filed with the Manager a record or records containing at least the information provided by Section 14-4-15(b) of this article.

At the time of issuance of any notice pursuant to the provisions of Section 14-4-14 of this article, the animal control officer shall make and cause to be filed with the Manager a record or records containing at least the information provided by Section 14-4-15(b) of this article.

An animal control officer issuing a summons and complaint pursuant to the provisions of Section 14-4-14 of this article shall make and cause to be filed with the Manager a record or records containing at least the information provided by Section 14-4-15(b) of this article.

The records required by the provisions of this section and Section 14-4-15 to be made and kept shall be filed for the purpose of providing an accurate and complete record of all incidents and violations and for the proper and fair administration of the provisions of this chapter.

[Source: Ord. 436, 1976]

Section 14-4-17. Trap-Spay-Neuter Program.

Trap-Neuter-Return ("TNR") shall be permitted to be practiced by community cat caregivers, as defined in Section 14-1-1(g), organizations, and animal control, in compliance with any applicable federal or state law. As part of TNR, spay or neuter and vaccination for rabies shall take place under the supervision of a licensed veterinarian.

A trapped eartipped cat will be released on the site where trapped unless veterinary care is required. An eartipped cat received by a shelter or animal control will be returned to the location where trapped unless veterinary care is required.

Community cat caregivers may reclaim impounded community cats without proof of ownership solely for the purpose of carrying out TNR or returning eartipped community cats to their original locations.

A community cat caregiver who returns a community cat to its original location while conducting TNR does not impermissibly abandon the cat.

TNR shall be the preferred disposition for impounded community cats. Animal control facilities and shelters shall be authorized and encouraged to conduct TNR or to direct impounded community cats to a TNR program.

[Source: Ord. 1834, 2022]