Animal Complaint/Barking Dog

To report a problem with a barking dog, a dog on the loose or other routine animal complaints, call the Humane Society at (970) 520-2804. Their phone is hooked up to an answering service so they will not pick up. Simply leave a voicemail with your name, number and why you're calling and they will call you back. The Humane Society is open Monday-Saturday 8-5. In case of an emergency such as an active vicious dog or animal attack, please call 9-1-1.

Sec. 4-44. - Habitual and persistent barking dog

(a) Harboring a habitual and persistent barking dog . A dog owner commits an offense if he/she fails to prevent his/her dog from disturbing the peace of any person by loud, habitual and persistent barking, howling, yelping, or whining, whether the dog is on or off the dog owner's property.

(b) Warning notices . An animal control officer will issue a warning notice to the dog owner after receiving a complaint of a barking dog. The complainant must provide the dog owner's address, dog description, and the date and duration of the violation. The dog owner will be allowed three (3) days from issuance of the warning notice to correct the problem before being charged under the summons and complaint process.

(c) Citations/summons and complaints . After the three-day grace period and within one hundred eighty (180) days after issuance of the warning notice, a citation, or summons and complaint may be issued if two (2) persons from separate households have signed complaints and are willing to testify at trial. The complainants must provide the dog owner's address, dog description, date and duration of violation, but need not be reporting the same date and time of a violation. In the event there is only one (1) occupied residence in the immediate area of the location of the barking dog, only one (1) complaining witness shall be required to sign the complaint prior to the issuance of a summons and complaint if the complaining witness is willing to testify at trial.

(d) Service of warning notices . A dog owner shall be deemed to have received and been issued a warning under this subsection if the warning was personally served on the dog owner, posted on the residence of the dog owner, or placed in the U.S. mail, postage prepaid and addressed to the dog owner. Warning notices so served shall constitute notice to all members of that residence.

(e) Second offense . If a second complaint of a barking dog is received within one hundred eighty (180) days of issuance of the first citation or summons and complaint, a citation or summons and complaint for a second offense may be issued if two (2) persons from separate households have signed complaints and are willing to testify at trial, without issuing a warning notice.

(f) Proof required for conviction . No person shall be convicted at trial of violating this section unless two (2) persons from separate households in the immediate area have signed complaints and testified to the persistent, habitual, and offensive noise generated by a barking dog.

(Ord. No. 18-1988, § 5-10, 11-22-88, eff. 12-5-88; Ord. No. 12-2007, 6-12-07, eff. 6-22-07)

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