§ 9.03.060. Dangerous dog, cat, domestic animal or other animal and at-risk dogs.

(a)

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the Town any dangerous dog, dangerous cat, dangerous domestic animal or other dangerous animal.

(1)

For purposes of this Subsection, a dangerous cat is defined as any cat that bites or attacks a person or another domestic animal at any place within the Town, whether on public property or on private property.

(2)

For purposes of this Subsection, a dangerous dog is defined as a dog which, at any place in the Town, whether on public property or private property:

a.

Inflicts bodily or serious bodily injury upon or causes the death of a person or domestic animal;

b.

Is possessed in violation of a court order imposed by a court of record in which conditions for keeping said dangerous animal have been imposed in accordance with state statute, or a local ordinance; or

c.

Engages in or is trained for animal fighting as described and prohibited in Section 18-9-204, C.R.S.

(3)

For purposes of this Subsection, a dangerous domestic animal is defined as any animal defined in Section 9.05.040 of this Title that bites or attacks a person or another domestic animal at any place within the Town, whether on public property or on private property.

(4)

For purposes of this Subsection, a dangerous animal not otherwise defined herein shall be any species of animal identified in Section 9.05.030 of this Title that is at large.

(b)

It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the Town any at-risk dog. For the purposes of this Subsection, an at-risk dog is defined as a dog which at any place within the Town, whether on public property or private property, demonstrates tendencies that would cause a reasonable person to believe that the dog may inflict bodily or serious bodily injury upon or cause the death of any person or domestic animal, including, by way of example:

(1)

Repeatedly charging against a fence in an attempt to attack or charging to the end of its lead in an attempt to attack;

(2)

Biting or attempting to bite; or

(3)

Aggressively threatening by charging, baring its teeth, growling and snapping, or otherwise demonstrating dangerous behavior toward a human being or a domestic animal.

(c)

However, for purposes of this Section, no animal shall be deemed dangerous or dog deemed at-risk solely by reason of having attacked, threatened, attempted to bite or bitten under the following circumstances:

(1)

When a person attacked such animal or engaged in such conduct reasonably calculated to provoke such animal to attack, threaten or bite such person or another person;

(2)

When a person is engaged in provoking or stopping an animal fight or any altercation between such animal and another animal;

(3)

When any person is engaged in attacking or molesting another person;

(4)

When any person is engaged in unlawfully entering into or upon any vehicle in which such animal is kept or confined;

(5)

When any other animal is engaged in the unauthorized entry into or upon the premises upon which such animal is kept;

(6)

When a lawfully restrained animal attacks a domestic animal that approaches the restrained animal while said domestic animal is at large;

(7)

When a dog is used by an authorized peace officer while the officer is engaged in the performance of peace officer duties;

(8)

When any person other than an authorized police officer or code enforcement officer is engaged in capturing or attempting to capture such animal in the absence of the owner, excepting any person attempting to capture such animal on such person's own property;

(9)

When such animal is involved with another animal while both animals are at large;

(10)

Any affirmative defenses contained in Section 18-9-204.5(3)(h)(I) and (II), C.R.S., as amended; or

(11)

Any exclusions contained in Section 18-9-204.5(6), C.R.S., as amended.

(d)

It shall be unlawful for any person to intentionally, willfully or negligently cause any animal to attack or bite any person, animal, cat or domestic animal.

(Ord. 5.06.33.4 §1, 2008)