Golden, CO Protection of Animals
Type: Municipal Code
Status: Last updated in 1999 via ordinance
7.09 PROTECTION OF ANIMALS
7.09.010 Cruel treatment prohibited
a) It shall be unlawful for any person to commit or to cause to be committed any act of cruelty, mistreatment, neglect, harassment, abandonment or torture of any animal. Consistent therewith, it is unlawful for any person to unnecessarily beat or torment any animal; to overdrive, overload, drive when overloaded to or overwork any animal; to inhumanely trap or capture any animal; to unnecessarily fail to provide any animal in the person's care and custody with proper food, drink and protection from the weather; to carry any animal in or upon any vehicle without such restraint or control as to prevent injury or death to such animal, or to attach any animal to a vehicle in a cruel or inhumane manner, to cause any animal to be needlessly and/or cruelly wounded, mutilated, strangulated, or inhumanely killed; or in any other way to commit or cause to be committed any similar acts of cruelty or to inhumane treatment of any animal. Ownership of animals shall not be a justifiable defense for such acts or for a violation of this section.
b) It shall be unlawful for any person to antagonize, agitate, interfere, beat, kick, strike, torture, torment, mutilate, injure, disable or kill any dog used by the police department of this city when such dog is being used in the performance of the functions or duties of such department. (Ord. 1116, 1991).
7.09.020 Poisoning prohibited - exceptions
It shall be unlawful for any person to intentionally poison any animal, with the exception of rats, mice and insects. The poisoning of rats, mice and insects must conform with the conditions, requirements and procedures of all applicable state and federal laws. (Ord. 1116, 1991).
7.09.030 Promotion of animal fights and keeping places therefor
It shall be unlawful for any person within the city to cause, instigate or encourage any animal to fight or to enter into combat in any manner; and it shall be unlawful for any person to maintain any place where animals are permitted or encouraged to fight for exhibition, wager or sport. (Ord. 1116, 1991).
7.09.040 Hearing required/procedure
Any animal impounded pursuant to section 7.09.010 may be held for a hearing before the municipal court to determine the disposition of such animal. The City shall notify, when ascertainable, the owner of the animal in writing of the date, time, place and purpose of the hearing at least five days before said hearing. The court shall conduct such hearing at the earliest date available. If, on the date of the hearing, the duly notified owner does not appear, the court may proceed with the hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal.
At the hearing, the formal rules of evidence shall not apply and any statement made by any person at such hearing shall not be used as evidence at any municipal trial. The court shall be guided by the basic notions of fairness in the conduct of such hearing and allow the parties to present evidence, witnesses and have the right of cross-examination. The court shall consider as applicable the following:
1. Any evidence presented at any trial involving the animal or the owner's conduct;
2. The conduct and condition of the animal during the incident charged;
3. Any evidence of cruelty, mistreatment or neglect by the owner toward the animal at issue or any other animal.
4. Any prior violations by the animal owner of this chapter or the laws of the City, or laws of any state or political subdivision thereof;
5. Any prior violations by any other owner of the animal, involving the same animal or any violation of this chapter or the laws of the City, or any laws of the state or political subdivision thereof;
6. Any conditions existing on the property where the animal has been or will be kept which would endanger the animal;
7. Any evidence of any ameliorative action taken by the animal owner which would affect the likelihood of any danger to any animal; or
8. Any other evidence relevant to the issues as determined by the court.
If, at the hearing, the City establishes by a preponderance of the evidence that there is a reasonable likelihood of future injury, mistreatment or cruelty to the animal, the court shall order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges. The owner shall bear all costs of impounding the animal, regardless of the results of any municipal charges. If the court determines that it is not appropriate to order the animal impounded, the court may order the animal returned to the owner and to be kept under such circumstances as will ensure the animal's safety. (Ord. 1479, 1999; Ord. 1440, 1999).