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Words used in this title shall have their natural meaning, their statutory meaning if applicable or the meaning set forth below, according to the context in which they appear. For the purpose of this title, the following definitions shall apply:

“Abandon” means:

1. To fail to provide a pet animal necessary care for a period of twenty-four (24) hours or longer; or

2. To deposit, leave, drop off or otherwise dispose of any pet animal on public or private property without providing necessary care. For the purposes of this title, any pet animal is presumed to be abandoned if, after the posting or personal service of written notice describing deficiencies of necessary care for a pet animal, the deficiencies are not corrected within twenty-four (24) hours of such notice by any person other than an animal control officer.

“Animal” means any living dumb creature.

“Animal control facility” means any facility licensed as such pursuant to the provisions of Part 1 of Article 80 of Title 35, C.R.S.

“Animal control officer” means any person empowered by the Town of Parachute to enforce the provisions of this title.

“Animal shelter” means all facilities and premises authorized by the Town Council to care for pet animals impounded pursuant to the provisions of this title. Such facilities and premises shall also be considered public animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of § 18-9-204.5, C.R.S.

“Attack” means aggressive behavior such as biting, injuring or chasing a person or animal that may result in bodily injury, serious bodily injury, or the death of a person or animal.

“Bite” means the piercing, laceration, or breaking of the skin by the teeth or jaws of any animal.

“Cat” means any animal of the species Felis domesticus or any hybrid thereof.

“Control” means supervision of, and influence over, any pet dog sufficient to prevent the violation of any of the provisions of this title. Control shall be by physical control as defined herein.

“Dangerous animal” means any pet animal or working dog that has inflicted serious physical injury to a human being without provocation on public or private property; or has, while off the premises of its owner or responsible person, killed a domestic animal without provocation; or has been previously classified as potentially dangerous and is found in violation of the provisions of this title, or whose owner or relation to that animal, violated any provisions of this title relating to potentially dangerous animals; or is a venomous animal or has caused the death of a person.

“Dog” means any animal of the canine species, including dogs of wild extraction and any animal related to the wolf, fox, coyote or jackal.

“Habitual offender” means any pet animal owner who has pled guilty to, or been found guilty of, violating any provision of this title or ordinance of another municipality three (3) times within any eighteen (18) month period. For the purposes of this title, after the effective date of the ordinance codified in this chapter any disposition of charges involving probation or deferred judgment and sentencing shall be considered to be convictions for purposes of determining a habitual offender.

“Immediate control” means control of a pet animal by the physical presence of the owner or responsible person within ten feet (10') of the animal and such person can exhibit voice control over the pet animal.

“Minor physical injury” means physical pain or minor impairment of physical condition.

“Mistreat” means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

“Necessary care” for a pet animal includes but is not limited to providing food, water, protection from the weather and removal of waste from the animal’s enclosure.

“Neglect” means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for a pet animal’s or working dog’s health and well-being consistent with the species, breed, and type of animal.

“Owner” means a person or any parent, guardian, or legal custodian of any unemancipated child under eighteen (18) years of age who owns, co-owns, possesses, controls, maintains, keeps, or harbors a pet animal or knowingly permits, or intends to permit, a pet animal to remain for seven (7) consecutive days on or about property or premises owned, controlled, or occupied by him or her; a kennel is not a pet animal owner within the purview of this definition.

“Pet animal” means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except livestock, and includes any other animal specified in § 35-80-102(10), C.R.S., as that subsection may be amended from time to time. As used herein, “livestock” includes cattle, horses, mules, burros, sheep, poultry, swine, llama, goats, and any other animal, when used for working purposes or raised for food or fiber production on a farm or ranch. “Pet animal” does not include an animal used for working purposes on a farm or ranch or a working dog.

“Physical control” means control of a pet dog by means of a tether or a leash, not longer than ten feet (10'), attached to the animal, and held by the owner or responsible person, or confinement within a vehicle or secure animal enclosure. A pet dog intruding upon the private property of any person other than the owner, without consent of the property owner, shall be deemed to not be under physical control.

“Potentially dangerous animal” means any pet animal or working dog that without provocation threatens to attack, or bites causing minor physical injury to a human being or domestic animal; or without provocation, chases or approaches a person upon the streets, highways, sidewalks, or other areas open to the public in a menacing fashion; or has a known propensity, tendency, or disposition to attack without provocation, or cause physical injury or otherwise threatens the safety of human beings or domestic animals; or is owned or harbored primarily or in part for the purpose of fighting or is trained for fighting.

“Premises” means property owned, leased, or expressly permitted to be used by an owner, including any confined area or locality such as a residence, business, room, shop, building, or motor vehicle, including the open space bed of a truck.

“Provocation” means harassment, teasing, threatening, striking, or attacking an animal or its owner in the animal’s presence, by either a person or another animal.

“Public custody” means the confinement of an animal in an animal shelter, or in the physical control of an animal control officer performing duties pursuant to the provisions of this title.

“Quarantine” means the confinement of a pet animal in public custody for observation to detect symptoms of disease.

“Secure animal enclosure” means a structure which is suitable to prevent the escape of the animal and prevents the entry of young children, having a top, bottom, all sides, and is locked.

“Serious physical injury” means such injury which, either at the time of the attack or at a later time, involves a substantial risk of injury that results in long-term or permanent physical disability, impairment, or a disfigurement; or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures or burns of the second or third degree; or death.

“Tether” means to securely tie, chain or leash a pet animal to an inanimate object.

“Town” means the Town of Parachute, Colorado.

“Trespass” means the entry by a pet animal upon any private property other than that of the animal’s owner, or upon public property which is posted as not permitting animals or such particular animals.

“Vicious animal” means any animal that commits an unprovoked bite or attack upon a person or other animal either on public or private property, other than the owner’s property, or that in a vicious or terrorizing manner attacks, threatens to attack or terrorizes a person or other animal on public property or in a public place, or on private property other than the owner’s property.

“Working dog” means a dog which is actually working livestock, locating or retrieving wild game in season for a licensed hunter, assisting law enforcement officers, assisting in rescue efforts, or being trained for any of these purposes. (Ord. 201 §1, 1982; Amended Ord. 529 §1, 2005; Amended Ord. 581, 2007; Amended Ord. 613 §§1–3, 2010; Amended Ord. 757 §2, 2019)