Animal Complaints
Rules
Section 4-2003. Maximum Number of Household Pets
Unless a hobby breeder license has been obtained , no person shall own, keep, possess, harbor or maintain within the city on a single residential property or within a single residential unit more than four (4) dogs or cats or combination thereof over the age of six (6) months.
Recommendations
Owners be aware of when your animals are becoming a nuisance. A potential alternative is to bring your animals inside your residence.
Section 4-2004. Disturbance
- No owner of any animal or animals shall allow such animal or animals to disturb the peace and quiet of any person by making audible sounds, including without limitation barking, howling, yelping, whining, or squawking, where such audible sound is:
- Plainly audible beyond the premises on which the animal is kept;
- Persistent, frequent or habitual, provided persistence shall be presumed if continued for more than ten (10) minutes at any time; and
- Made without provocation.
- No summons shall be issued for a violation of this section unless:
- A written warning was served by a police officer or animal control agent for the premises or animal in question within the twelve (12) months preceding the offense, provided the warning shall have been personally served on the owner of the animal, a person over the age of eighteen (18) present on the property, or posted on the property); and
- The summons is signed by a police officer or animal control agent who personally witnessed the violation or based upon either (1) the signed, written complaints of at least two (2) witnesses from separate households who witnessed the violation and are willing to testify at trial; or (2) the signed, written complaints of at least one (1) witness who witnessed the violation and is willing to testify at trial and other competent evidence that would be admissible at trial to prove a prima facie case of a violation of this section.
- No person shall be convicted for a violation of this section unless:
- At least two (2) witnesses from separate households having firsthand knowledge testify at trial as to all elements of the violation;
- A city agent who witnesses firsthand the violation of this section and at least one (1) witness having firsthand knowledge testifies at trial as to all elements of the violation; or
- At least one (1) witness having firsthand knowledge testifies at trial as to all elements of the violation and other competent evidence is admitted at trial to prove a prima facie case of a violation of this section.
(d) This section shall not apply to animal hospitals or clinics engaged in providing medical treatment to animals.
Recommendations:
Owners be aware of when your animals are becoming a nuisance. A potential alternative is to bring your animals inside your residence.
Section 4-2005. Animals at large; damage to property
- No owner of any animal shall fail to keep such animal on the premises of the owner unless such animal is under the control of the owner under one (1) of the following conditions:
- The animal is on a leash, cord or chain no longer than ten (10) feet in length, held by a competent person who is:
- Physically able to control the animal; and
- Maintaining physical control of the animal.
- Within a vehicle, or similarly physically confined to ensure that the animal will not escape, and without access to passersby.
- It is unlawful for the owner of any animal to permit such animal, whether running at large, to destroy, damage or cause injury to any shrubbery, plants, flowers, grass, lawn, fence or other property whatsoever upon any public or private premises not owned or occupied by the owner of such animal.
- This section shall not apply to dogs running off leash within the physical confines of an area designated by the city as an off-leash dog park site. It shall be an affirmative defense to this section that the animal was contained entirely upon private property with the consent of the person in lawful possession of such property.
Recommendations
This is Commerce City’s version of a “leash law”, this includes all public and publicly accessible parks.
Associated Fines and Penalties:
Verbal Warning, Written Warning, Citation (Mandatory Court Appearance)
Section 4-2008. Prohibited and Regulated Animals
- It is unlawful for any person to own, keep, possess, harbor or maintain within the city any vicious animal. This prohibition shall not apply to any animal being transported in a securely confined manner through the city to a destination outside the city.
- It is unlawful for any person to own, keep, possess, harbor or maintain within the city any dangerous animal except in accordance with the conditions established by this chapter and any additional conditions imposed by the municipal court. This prohibition shall not apply to any animal being transported in a securely confined manner through the city to a destination outside the city.
- With the exception of livestock or as otherwise expressly set forth in this code, it is unlawful for any person to own, possess, harbor, sell or in any manner traffic in any animal that is not a domestic animal, except when in transit through the city to a destination outside the city.
- Except when in transit through the city, no person shall own, keep, possess, harbor or maintain any livestock within the city except when such use is allowed by the applicable zoning ordinance.
- In addition to the requirements of this chapter, Vietnamese pot-bellied pigs may be kept within the city only as follows:
- At a farming operation zoned for agriculture purposes;
- At a veterinarian hospital;
- At an educational facility licensed by the State of Colorado;
- At a commercial enterprise licensed as a pet shop; or
- On any single parcel of property under the following conditions:
- Not more than one (1) such animal shall be kept on any single parcel of property;
- Such animal shall be domesticated;
- Such animal shall not exceed seventy (70) pounds in weight; and
- Such animal shall be spayed or neutered by six (6) months of age.
Recommendations:
Understand your specific zoning before buying any animals that could constitute as prohibited or livestock.
Associated Fines and Penalties:
Mandatory Court Appearances
Section 4-2009. Guard Dogs
- It is unlawful to place or maintain on any premises any animal that has been specifically trained to attack for the protection of persons or property unless the animal is under complete and absolute control of the owner, or under the following conditions:
- Such animal is physically confined to the premises;
- Adequate safeguards exist to prevent entry thereto by children or accidental or unintentional entry by any person; and
- The premises is conspicuously posted with warning signs bearing letters not less than two (2) inches in height declaring the danger at every door, gate or entrance thereto and at intervals of every one hundred (100) feet of fenced enclosure.
- No vicious animal or dangerous animal shall be used as a guard dog.
- Any animal kept in violation of this section may be seized and impounded by an animal control agent.
Section 4-2010 Animal Attacks
- It is unlawful for any person to own, keep, possess, harbor or maintain within the city any animal that, without provocation, attacks a person or domestic animal, thereby causing physical injury or serious physical injury to that person or domestic animal.
- It is unlawful for any person to negligently or willfully cause, instigate, encourage or promote any animal to threaten, attack, attempt to bite or bite any person or other animal within the city.
- The owner of any animal that has been reported to have attacked a person thereby causing physical injury shall:
- Advise the animal control agent of such event within twenty-four (24) hours; and
- On demand of an animal control agent produce such animal for impoundment pending a hearing as described in this chapter.
- Exceptions. No violation of this section shall be found to have occurred solely based on any the following circumstances:
- The animal was being used by a law enforcement officer while engaged in the performance of law enforcement duties;
- At the time of a behavior or attack against a domestic animal, such domestic animal was at large and entered upon the property of the alleged attacking animal's owner and the behavior or attack began on such property;
- At the time of a behavior or attack against a domestic animal, such domestic animal was in the process of biting or attacking the alleged attacking animal or its owner or any other person.
- At the time of a behavior or attack against a person, the person was committing or attempting to commit a criminal offense against the alleged attacking animal's owner or upon such owner's property;
- At the time of the behavior or attack against a person, the person tormented, provoked, abused or inflicted injury upon the alleged attacking animal in such a manner that resulted in the threat, behavior or attack;
- At the time of a behavior or attack against a person a domestic animal, the person or domestic animal entered into or upon a fenced or enclosed portion of the premises upon which the alleged attacking animal was kept or upon any automobile or other vehicle parked or stored upon the premises; or
- At the time of a behavior or attack against a person, the person was attempting to capture the alleged attacking animal in the absence of the owner or attempting to stop an animal fight involving the alleged attacking animal.
Recommendations:
Please report animal attacks even if they occur within the home so that the incident is documented, and appropriate precautions can be taken
Associated Fines and Penalties
Mandatory court appearance
Section 4-3000. Vaccination and Testing
- Rabies. No person shall keep or possess within the city any dog, cat, or ferret that has not been vaccinated against rabies or for which proof of such vaccination is not provided.
- Every owner of a dog, cat, or ferret six (6) months of age or older shall have such animal vaccinated against rabies. Such vaccination shall be re-administered prior to the manufacturer's listed expiration date for the vaccine use.
- Any person moving into the city shall comply with this section within thirty (30) days after having moved into the city. If a dog, cat, or ferret has inflicted a bite on any person causing an abrasion of the skin or on another animal within the last ten (10) days immediately preceding the date of moving into the city, the owner shall report such fact to a veterinarian and no rabies vaccine shall be administered until after the ten-day observation period.
- The owner shall cause to be attached to the collar or harness of the vaccinated dog, cat, or ferret a metal tag serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. The owner shall ensure that such tag is worn by the dog, cat, or ferret at all times.