(A) It shall be unlawful to own an animal which:

(1) Causes bodily injury to a person in an unprovoked attack, whether on or off the premises of its owner;

(2) Causes bodily injury to a domesticated animal or livestock in an unprovoked attack while on or off the premises of its owner; or

(3) When unprovoked, repeatedly charges against a fence in an attempt to attack or charges to the end of its lead in an attempt to attack or acts otherwise in a manner that would reasonably cause fear of imminent bodily harm.

(B) For purposes of this chapter, unprovoked attack shall not include the following circumstances:

(1) Attacks occurring solely due to a person having attacked such animal or who engaged in conduct reasonably calculated to provoke such animal to attack or bite such person or another person;

(2) Attacks occurring solely due to any person engaged in provoking or stopping an animal fight involving the attacking animal;

(3) Attacks occurring solely due to any person engaged in attacking or molesting another person;

(4) Attacks occurring solely due to any person engaged in unlawful entry into or upon the fenced or enclosed portion of the premises upon which such animal is kept;

(5) Attacks occurring solely due to any animal engaged in unauthorized entry into or upon the fenced or enclosed portion of the premises upon which such animal is kept;

(6) Attacks occurring solely due to any person other than an authorized police officer or animal control officer 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; or

(7) Attacks occurring solely due to any person engaged in unlawful or unauthorized entry into any other vehicle in which such animal is confined.

(C) It shall be unlawful for an owner of an animal to fail to take immediate and effective corrective action with that animal when it is in violation of any of the provisions of this section. (Ord. 993 §6, 1993; Ord. 1765 §2, 2004)

(A) Any animal violating any of the provisions of section 6-20-010, B.M.C. may be impounded by animal control officers without prior notice to the animal's owner, in accordance with chapter 6-04 of this title.

(B) In the event an animal cannot be seized by an animal control officer or police officer without exposing the officer to danger or personal injury by such animal, it shall be lawful for such officer, after making every reasonable effort to capture such animal, including the solicitation of assistance from the owner if such owner is ascertainable and available, to forthwith destroy such animal.

(C) The owner of an animal seized pursuant to this section shall be entitled to a hearing before the municipal court at the earliest date available to the court and the parties to determine if the animal shall be destroyed. At said hearing, the Colorado Rules of Evidence shall not apply, and the court shall ensure that evidence shall be offered and questioning shall be conducted in an orderly manner and according to basic notions of fairness.

(1) At said hearing, the court shall consider, as applicable, the following:

a. Any evidence presented at any trial involving the animal;

b. The conduct of the animal during the incident charged;

c. Any other evidence of dangerous or violent behavior by the animal, or threats thereof;

d. Any prior violations by the owner, possessor, keeper, or controller of the animal of this chapter or similar laws of any state or political subdivision thereof;

e. Any prior violations by the owner, possessor, keeper, or controller of the animal, involving the same animal, of any provision of this chapter or similar laws of any state or political subdivision thereof;

f. Any other conditions existing on the property where the animal has been or will be kept which would affect the likelihood of any danger to any person, animal, or property;

g. Any evidence of any ameliorative action taken by the owner, possessor, keeper, or controller of the animal which would affect the likelihood of any danger to any person, animal, or property; and

h. Any other evidence relevant to the issues to be determined by the court.

(2) If the defendant is not an owner of the animal, and if the name and address of an owner is known to the city or the court, said owner shall be notified in writing of the date, time, place, and purpose of said hearing at least five days before said hearing. Notice shall be sufficient if served in compliance with Rule 204(e) of the Colorado Municipal Court Rules of Procedure.

(3) If at such hearing, the city establishes by a preponderance of the evidence that there is a reasonable likelihood of future injury to person, property, or animals, the court shall order the animal to be destroyed in a humane manner. Relocation of the animal outside of the city shall not be an alternative for the court. Upon oral motion of the defendant or an owner, said order shall be stayed for thirty days to allow the movant to appeal said order, provided that the movant pays the estimated costs of impoundment within twenty-four hours of the entering of the stay.

(4) If the court determines that it is not appropriate to order the animal destroyed, the court may order the animal returned and to be kept under such circumstances as will ensure the safety of persons, property, or other animals in the community.

(5) If the animal is to be returned to its owner, the court shall order the implantation in the animal of a unique identifying computer microchip by a licensed veterinarian at the owner's expense. The owner will be ordered to register the identifying microchip information with animal control and the central registry for such information. (Ord. 993 §6, 1993; Ord. 1765 §3, 2004)

Violations of the provisions of this chapter shall be punishable as follows:

(A) For any unlawful attack as defined in sections 6-20-010(A)(1) through (A)(3), B.M.C., the court shall order the implantation in the dog of a unique identifying computer microchip by a licensed veterinarian at the owner's expense, and the owner will be ordered to register the identifying microchip information with animal control and the central registry for such information;

(B) For any unlawful attack where there is no injury to a human or other animal, a fine of not less than $150.00, plus any additional penalty which the court deems proper, including evaluation and successful completion of a recommended animal owner course, mandatory kenneling, confinement, or muzzling;

(C) For a second attack by the same animal as was involved in the first violation, or any other animal owned by the same person or of the same household during a three-year period following the first violation, a fine of not less than $450.00, plus any additional penalty which the court deems proper;

(D) For unlawful attacks, as defined in sections 6-20-010(A)(1) and (2), B.M.C., where bodily injury to a human or other animal occurs, the penalties shall be:

(1) For a first violation involving the biting of a human being or an animal, a fine of not less than $300.00 plus any additional penalty which the court deems proper, including the humane destruction of the animal. A portion of the penalties in this subsection may be suspended upon order of the court for compliance with any other court ordered conditions such as evaluation and successful completion of a recommended animal owner course, mandatory kenneling, confinement, or muzzling;

(2) For a second violation involving the biting of, or an attack upon, a human being or an animal by the same animal as was involved in the first violation, or any other animal owned by the same person or of the same household occurring within a three-year period following the first violation, a fine of not less than $750.00, a jail sentence of not less than five days, plus any additional penalty the court deems proper. A portion of the penalties in this subsection may be suspended upon order of the court for compliance with any other court ordered conditions. Additionally, the animal shall be destroyed in a humane manner. (Ord. 993 §6, 1993; Ord. 1196 §18, 1996; Ord. 1568 §17, 2001; Ord. 1765 §4, 2004)