John Scarffe, Gilpin County.  The First Reading of a proposed new ordinance regarding dogs in Gilpin County came before the Gilpin County Board of County Commissioners at a regular meeting on Tuesday, June 28, 2016 at the Gilpin County Courthouse. The ordinance was first presented during a Commission meeting on April 12, 2016.

County Manager Roger Baker told the Board then that current dog control regulations have been passed by resolution, and he presented them in the form of an ordinance with the addition of a phrase about noise control. It would be much better if the resolution could be changed to an ordinance so it can be posted in local newspapers, Baker said.

After much discussion, the Commissioners agreed to have a work session on the subject, which took place following the June 12, 2016 meeting. During the work session, Undersheriff Jon Bayne told the Commissioners that the required dog license is free. Commissioner Gail Watson said if the dog is licensed and found wandering it can be turned back over to the owner.

“It’s one more way to try to reinforce vaccinations,” Watson said. Bayne agreed and said owners have to get their dogs vaccinated before they can get a license.

Board Chair Linda Isenhart said a county resident sent an email stating that she was upset, thinking that she would have to leash her dog on her own property. Bayne explained that you don’t have to leash a dog on your own property ever. Probable cause for a violation would be walking down the street with no leash.

Watson said the ordinance does not mention anything about cruelty to animals. Other counties such as Clear Creek, Summit and Boulder counties include that in their ordinances. She also suggested changing the title of this ordinance.

“It’s very’ negative,” Watson said. “The majority of our population that have companion animals do a good job. I want to focus on the welfare of the animal. We’re concerned about the welfare of dogs. There a number of issues we should put in this ordinance so it’s inclusive.”

County Attorney Jim Petrock said the County has no authority to enforce cruelty to animals because it is covered by State Statute. Sheriff Bruce Hartman said the ordinance could use the same language as the State Statue. The County also believes in the good treatment of animals and refers to State Statutes.

Baker said that topic could be covered in the “whereas” section of the resolution. Bayne said the County has had only one aggravated cruelty to animals case recently, and they charge it under State Statute.

“Our biggest problems are dogs at large and barking,” Bayne said. “I hear complaints about people who live along the highway with small dogs. The number one problem is the barking and running at large.”

The Sheriff’s Office should only have to receive a complaint from one person, Bayne said. If someone complains about a neighbor’s dog, an officer comes out and fills out a statement. The officer then would go give the neighbor a ticket, and fill out a report and turn that in.

Following the work session, Baker made some changes in the ordinance and presented it at the June 28, 2016 meeting. The ordinance is now titled, “Pertaining to the Welfare, Control and Licensing of Dogs.”

“The keeping of dogs within Gilpin County has proven to be a potential hazard and annoyance to the citizens of the County,” according to the proposed ordinance. “A dog owner should assume the full and complete responsibility for the action of any dog owned, kept, harbored or in the custody of the dog owner.

“This Board finds that the adoption of this dog control and licensing ordinance is necessary to preserve and protect the health, safety and welfare of the residents and citizens of the County and this ordinance shall be effective upon adoption by the Board of Commissioners.”

All dogs at least six months old must have a County dog license and rabies tag, according to the ordinance. A dog will be considered unlicensed in the absence of either tag. Tags can be obtained at the Sheriff’s Office.

Dogs must be licensed by August 15, 2016, and dogs brought into the county after that date must be licensed within 30 days. The Sheriff can impound dogs without a license or running at large.

A dog can be impounded for biting a person or another animal, and the owner will be responsible for impoundment costs, according to the ordinance. If not claimed within ten days, the dog can be disposed of at the discretion of the sheriff.

“Nothing in the Ordinance shall be construed to prevent the Sheriff, any other law enforcement officer or any member of the public from taking whatever action is reasonably necessary to protect his person or members of the public from injury by any dog,” according to the ordinance.

Dog owners must prevent their dogs from disturbing the peace by loud, habitual or persistent barking, howling, yelping or whining, whether or not the dog is on or off the owner’s property, according to the ordinance. It will be an affirmative defense to these offenses if the dogs were working livestock, locating or retrieving wild game, assisting law enforcement officers or being trained for those pursuits.

“Further, this Ordinance shall have no application to licensed kennels, breeding, boarding or training facilities, or veterinarian offices and hospitals, so long as such facilities are in compliance with all applicable zoning, commercial and business regulations, laws and statutes,” according to the ordinance.

The ordinance establishes fines for noisy dogs at $25 to $300 for the first offense, $150 to $300 for the second offense within twelve consecutive months of the first offense, and $300 for the third offense within 24 consecutive months of the first. Any owner convicted of a fourth violation will be deemed a persistent offender and can be fined $300 and sentenced to the County jail for not more than 90 days.

The Board approved the first reading of the ordinance. It will be published and a second reading and public hearing will take place at the Board’s July 26, 2016 meeting before final adoption.

The next meeting of the Gilpin County Commissioners will be on Tuesday, July 12, 2016 at 9a.m. at the Gilpin County Courthouse, 203 Eureka Street, Central City.