6-2-13: DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS:
A. The municipal court shall have the authority to and shall designate any pet animal or working dog as a dangerous animal or a potentially dangerous animal when the preponderance of evidence is that the animal displays any of the characteristics of a "dangerous animal" or a "potentially dangerous animal" as defined and described in section 6-2-2 of this chapter.
B. An action to have an animal designated as a dangerous animal or a potentially dangerous animal is a civil proceeding, and shall be heard and determined by the municipal judge sitting without a jury.
C. The burden of proof in an action to have an animal designated as a dangerous animal or a potentially dangerous animal shall be on the town.
D. The procedures set forth in this section, and not the procedures set forth in section 1-8-10 of this code, shall apply to any action to have an animal designated as a dangerous animal or a potentially dangerous animal.
E. A civil action to have an animal designated as a dangerous animal or a potentially dangerous animal shall be brought in the name of the town by filing a complaint in the municipal court by the police chief, or the police chief's authorized representative acting pursuant to section 1-7-2 of this code that is verified or supported by an affidavit.
F. The appearance date on the summons shall be not less than twenty (20) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the summons. The trial shall be held within sixty (60) days of the appearance date unless the municipal court grants a continuance for good cause shown. No case shall be continued for more than one hundred twenty (120) days after the appearance date.
G. If the respondent fails to appear or file a response on the appearance date, and if the town proves that proper service was made on the respondent at least twenty (20) days prior to the appearance date, the municipal court may grant such orders as are requested by the town, except that, the municipal court shall order the enforcement by the town be stayed for ten (10) days and that a copy of the municipal court's order be mailed to the respondent at the respondent's last known address.
H. The failure of respondent to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the respondent.
I. Prior to the enforcement of any order issued under this section resulting from the respondent's failure to appear or to file a response, and for good cause shown, the municipal court may set aside an entry of default and the default judgment and order entered thereon.
J. Any disobedience of or interference with an order issued by the municipal court pursuant to this section may be punished as a contempt of municipal court, or by a fine not to exceed five hundred dollars ($500.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed.
K. To the extent necessary to facilitate just, speedy, informal, and inexpensive determinations of claims, the municipal court may use the Colorado rules of civil procedure as a guideline for civil proceeding in municipal court under this section.
L. The final judgment of the municipal court in a proceeding brought under this section may be appealed to the Summit County district court.
M. Except with respect to an animal trained for or that has engaged in animal fighting as described in section 18-9-204, Colorado Revised Statutes, an animal shall not be designated as a dangerous animal or a potentially dangerous animal if the animal owner proves by a preponderance of the evidence that:
1. The animal that was attacked was trespassing upon the premises of the owner, and the attack began, although it did not necessarily end, upon such premises;
2. The animal that was attacked was biting or otherwise threatening or attacking the owner or the owner's animal;
3. The person attacked was committing or attempting to commit a criminal offense, other than a petty offense not including third degree criminal trespass as defined in section 18-4-504, Colorado Revised Statutes, against a person on the owner's premises or against the premises itself, and the attack which did not cause serious bodily injury began, although did not necessarily end, upon such premises; or
4. The person attacked had tormented, provoked, abused, or inflicted injury upon the animal that committed the attack.
N. When an enforcement officer reasonably believes that an animal is a potentially dangerous or a dangerous animal and that the animal is not under proper control, the officer may use any available means to prevent the endangerment of any person or other animal. Such means shall include impounding the animal or the immediate destruction of the animal after making every reasonable attempt to seize and impound the animal, including solicitation of assistance from the owner if such owner is known and available. If the officer reasonably determines that the animal cannot be seized and impounded without exposing the officer or other person to danger of bodily injury or serious bodily injury, it shall be lawful for the officer to destroy the animal without notice to the owner. (Ord. 28, Series 2014)