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VIOLATIONS
Sections:
6.07.010 Cruelty to animals.
6.07.020 Neglect of animals.
6.07.030 Poisoning of animals.
6.07.040 Abandonment of animals.
6.07.050 Ownership of animal.
6.07.060 Number of violations.
6.07.070 Destruction of injured animals.
6.07.080 Removal of animal.
6.07.090 Notice.
6.07.100 Disposition of seized animals.
6.07.105 Forteiture of Animals
6.07.110 Sentencing
6.07.120 Applications and exclusions.
6.07.010 Cruelty to animals.
It shall be unlawful for any person to recklessly, or with criminal negligence
torture, needlessly mutilate, or inhumanely kill any animal. Any neglect of
an animal, as defined in Section 6.07.020, that results in the death of that
animal shall constitute cruelty. (Ord. O-2005-12 § 6, 2005; Ord. O-98-06
§ 8 (part), 1998; Ord. O-87-28 § 1 (part), 1987).
6.07.020 Neglect of animals.
It shall be unlawful to knowingly, recklessly, or with criminal negligence neglect
any animal. Neglect includes but is not limited to overdrive, overload, overwork,
torment, deprive of necessary sustenance, unnecessarily or cruelly beat, allow
to be housed in a manner that results in chronic or repeated physical harm,
carry or confine in or upon any vehicles in a cruel or reckless manner, or otherwise
mistreat or neglect any animal, or cause or procure it to be done, or having
the charge or custody of any animal, fail to provide it with proper food, drink,
or protection from the weather consistent with the species, breed, and type
of animal involved, and every act or omission which causes or unreasonably permits
the continuation of unnecessary or unjustifiable suffering or pain. Any neglect
of an animal that results in the death of that animal shall constitute cruelty.
(Ord. O-2005-12 § 7, 2005; Ord. O-98-06 § 8 (part), 1998; Ord. O-96-44
§ 12, 1996; Ord. O-87-28 § 1 (part), 1987).
6.07.030 Poisoning of animals.
It shall be unlawful for any person to intentionally poison any animal or to
distribute or set out poison in any manner whatsoever with the intent of poisoning
any animal. This provision shall not apply to the extermination of undesirable
pests as defined in Articles 7, 10, and 43 of Title 35, C.R.S. (Ord. O-98-06
§ 8 (part), 1998).
6.07.040 Abandonment of animals.
It shall be unlawful for any person to intentionally abandon an animal. Abandonment
includes, but is not limited to, leaving an animal without adequate food, water,
shelter, or other adequate provisions for the animal's proper care for a period
of twenty-four hours or more, or leaving the animal with no intent of retrieving
the animal. This section shall not apply to the voluntary relinquishments of
an animal to an animal welfare facility. Any such voluntary relinquishment shall
be done in compliance with the animal welfare facility's rules and regulations.
(Ord. O-98-06 § 8 (part), 1998).
6.07.050 Ownership of animal.
Ownership of any animal shall not be a justifiable defense for a violation of
any section of this Chapter. (Ord. O-98-06 § 8 (part), 1998).
6.07.060 Number of violations.
A person shall be subject to a separate and individual violation for each animal
mistreated under the terms of this Chapter and each day of a continuing violation
shall constitute a separate and individual violation of this Chapter. (Ord.
O-98-06 § 8 (part), 1998).
6.07.070 Destruction of injured animals.
Any animal seized pursuant to this Chapter may be lawfully destroyed when, in
the judgment of the treating veterinarian such animal appears to be injured,
disabled, suffering, or diseased past recovery, or pursuant to Court order.
(Ord. O-98-06 § 8 (part), 1998).
6.07.080 Removal of animal.
An Animal Control Officer or police agent may impound an animal if the officer
reasonably believes that such animal is receiving inhumane treatment or that
impoundment is necessary for the health or safety of any mistreated animal.
Such impoundment shall be made in accordance with Section 6.03.030. Any animal
seized pursuant to this Chapter may be held at the animal shelter or at such
other location as the Animal Control Officer deems appropriate. The animal owner
shall be liable for all expenses arising from such impoundment including all
impoundment fees, costs of room and board, and any reasonable and necessary
medical expenses incurred during the impoundment of the animal. (Ord. O-98-06
§ 8 (part), 1998).
6.07.090 Notice.
When an animal is removed pursuant to Section 6.07.080, the animal owner, if
known, shall be given written notice of the removal by an Animal Control Officer
or a police agent. Such notice shall be by personal service to the animal owner,
by posting the notice on the animal owner's property in a conspicuous place,
or by registered mail. The notice shall inform the animal owner of the animal's
impoundment, of the location of the impounded animal, and of the animal owner's
rights as provided for in Section 6.07.100. (Ord. O-98-06 § 8 (part), 1998).
6.07.100 Disposition of seized animals.
A. Within ten days after an animal is seized pursuant to this chapter, the animal's
owner may petition the Municipal Court and request the return of the animal.
At such a hearing, the Court may either:
1. Return the animal to the owner subject to Court-imposed conditions regarding
the care and treatment of the animal; or
2. Require the animal owner to post a bond in an amount sufficient to provide
for the animal's care for a minimum of thirty days.
B. At the hearing on the motion or petition for the animal's return before trial,
the burden is on the owner to prove by a preponderance of the evidence that
the animal will not suffer further mistreatment if returned to the owner and
is not in need of being restored to health.
C. If the underlying charges have not been resolved prior to the expiration
of any bond posted pursuant to Subsection (A)(2) of this Section, the animal
owner shall be required to post an additional bond in an amount sufficient to
provide for the animal's care during the pendency of the case. If at any time
the bond expires and no additional bond is posted, the animal shelter shall
obtain ownership of any animal still in its custody.
D. If no charges are filed within seven days after the animal's removal, the
owner may petition the Municipal Court for the animal's return. The petition
shall be filed with the Court, with copies served to the City Attorney's Office.
If the Court grants the petition, the animal will be made available for release
to the owner. If a criminal action is filed after the petition is filed, but
before the animal is returned, the matter will be set for hearing as set forth
in Subsection A. (Ord. O-2005-12 § 8, 2005; Ord. O-98-06 § 8 (part),
1998).
6.07.105 Forfeiture of animals
A. Upon the motion of the prosecuting attorney or upon the court's own motion,
after the conviction of a defendant for a violation of this chapter, the court
may order the forfeiture of any animal owned by or in the custody of the defendant
that was abused, neglected, mistreated, injured, or used by the defendant during
the course of the criminal episode that gave rise to such conviction.
B. 1. If an animal is the subject of a motion made under subsection (A) and
is not owned by the defendant, the court may nevertheless enter an order of
forfeiture of the animal if the court finds that:
a. The owner of the animal is unknown, or
b. The owner of the animal is known by cannot be located.
2. Any person who contests a motion brought under this section shall establish
such person's standing as a true owner of the animal. The factors to be considered
by the court in determining whether such person is a true owner shall include
but shall not be limited to the following:
a. Whether the person was the primary user, custodian, or possessor of the animal;
b. Whether there is evidence that ownership of the animal is vested in the person;
c. Whether consideration was paid for the purchase of the animal, and, if so,
how much of the consideration was furnished by the person.
3. If the court determines that a person other than the defendant is the true
owner of the animal, the court may not enter an order forfeiting the animal
under this section unless the court finds:
a. The true owner was involved in the criminal episode described in subsection
(A) of this section;
b. The true owner knew or reasonably should have known of the criminal episode
described in subsection (B) of this section and failed to take all reasonable
steps available to him or her to prevent it; or
c. Ownership of the animal was conveyed to the true owner in order to avoid
a forfeiture.
C. An order of forfeiture entered pursuant to this section shall provide for
the immediate disposition of the forfeited animal by any means described in
Section 6.01.010 other than return to the owner.
D. The owner or custodian of an animal that is the subject of a motion brought
under this section shall be liable for the cost of the care, keeping, transport,
or disposal of the animal. In no event shall the City of Lakewood be liable
for such cost.
E. The court in its discretion may order a forfeiture authorized by this section
as an element of sentencing, as a condition of probation, or as a condition
of a deferred sentence. (Ord. O-2005-12 § 9, 2005).
6.07.110 Sentencing.
In addition to other penalties set forth under Section 6.08.020, any person
who is convicted or who enters into a deferred judgment or a deferred prosecution
for a violation of this Chapter shall be liable for the total cost of board
and care for an animal impounded pursuant to this Chapter. The Court shall order
any person to make payment to the animal shelter for all impoundment fees, costs
of boards, and any reasonable and necessary medical expenses incurred during
the impoundment of the animal. In addition, the Court may order the defendant
to participate in an available animal cruelty prevention or education program
or an anger management treatment program or any other treatment program that
the court may deem appropriate. The Defendant shall bear the cost of the program.
Upon conviction, the Court shall determine the disposition of the animal as
set forth in Section 6.07.100 unless such disposition was previously made. (Ord.
O-2005-12 § 10, 2005; Ord. O-98-06 § 8 (part), 1998).
6.07.120 Applications and exclusions.
This Chapter shall apply to all birds and animals, whether domestic or wild,
with the exception of mice and rats. (Ord. O-98-06 § 8 (part), 1998).
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