[bouldercouncilhotline] Hotline: Green Tag Program - First Reading Questions

[cmosupport at bouldercolorado.gov]

Sender: Young, Mary



Thank you Tom for your follow up on this.

Would you clarify for me the following:


(d)  Nothing in this section shall entitle a person charged with violating
 this section to present evidence of previous incidents involving the bitten, injured, or attacked animal.
 

Does (d) mean that previous charges cannot be brought
 in as evidence? If so, how does this work with the two strike rule?
Please clarify.

 
(f)  For the purposes of this section, a person is lawfully upon the premises
 of a guardian or keeper when such person is on said premises in the performance of any duty imposed by law or by the express or implied invitation of the owner of such premises or the owner's agent.

Would it be possible to interpret (f), in a case involving two dogs and respective guardians, that upon invitation by a guardian to approach an animal and the other guardian plus animal approach and after doing so the approaching guardian and/or animal are/is
 attacked the invitation would serve as a defense for the guardian with attacking animal?

Thanks again.

Mary Dolores Young
Boulder City Council
303-501-2439
youngm at bouldercolorado.gov




From: Carr, Thomas
Sent: Monday, March 10, 2014 4:30 PM
To: Young, Mary; HOTLINE
Subject: RE: Green Tag Program - First Reading Questions





I am copying the code section prohibiting aggressive animals.  It includes what I would consider a definition:
 
6-1-20.  Aggressive Animals Prohibited. Go to the top 

 
(a)  No person shall own or keep any aggressive animal. An aggressive animal is one that bites, claws, or attempts to bite or claw any person; bites, injures,
 or attacks another animal; or in a vicious or terrorizing manner approaches any person or domestic animal in an apparent attitude of attack, whether or not the attack is consummated or capable of being consummated.
 
(b)  It is a specific defense to the charge of owning or keeping an aggressive animal that the person who was bitten, clawed, injured, or approached by the
 aggressive animal was:
 
(1)  Attacking the aggressive animal or intentionally provoking the aggressive animal;
 
(2)  Unlawfully engaging in entry into or upon a fenced or enclosed portion of the premises upon which the aggressive animal was lawfully kept or upon a portion
 of the premises where the aggressive animal was lawfully tethered;
 
(3)  Engaging in unlawful entry into or unlawfully in or upon a vehicle in which the aggressive animal was confined;
 
(4)  Attempting to assault another person;
 
(5)  Attempting to stop a fight between the aggressive animal and any other animal; or
 
(6)  Attempting to aid the aggressive animal when it was injured.
 
(c)  The following specific defenses apply to the charge of owning or keeping an aggressive animal:
 
(1)  The aggressive animal was defending itself, its young, or its guardian or keeper from an attack by another animal or a person.
 
(2)  The animal that was bitten, injured, or attacked:
 
(A)  had entered onto the premises of the aggressive animal; or
 
(B)  had entered into a vehicle in which the aggressive animal was confined.
 
(d)  Nothing in this section shall entitle a person charged with violating this section to present evidence of previous incidents involving the bitten, injured,
 or attacked animal.
 
(e)  It shall not be a defense to owning or keeping an aggressive animal that the person who was attacked, bitten, injured, or approached in a vicious or
 terrorizing manner was a peace officer.
 
(f)  For the purposes of this section, a person is lawfully upon the premises of a guardian or keeper when such person is on said premises in the performance
 of any duty imposed by law or by the express or implied invitation of the owner of such premises or the owner's agent.
 
 
 


From: Young, Mary

Sent: Friday, March 07, 2014 11:32 AM
To: HOTLINE
Subject: Green Tag Program - First Reading Questions


 

1. Would it be possible to provide annual data on the number of trails or trail miles available by user types (hikers, bikers, horses and dogs with green tag)
 since the inception of the green tag program or for a period long enough to identify a trend? And as a companion set of data to this, overlaid on the same graph, the cumulative number of green tags issued for the same period?

2. Is there a definition for "aggressive animal" in the code and if not, can we provide one?

3. What constitutes "protection of wildlife" and is there a definition in the code, if not, can we provide one?


4. Would it be possible to provide a table comparing fines assessed to various infractions by user group?

5. Would it be possible to review the list of the criteria for reinstatement of a green tag at second reading?

6. Do we currently communicate via email with green tag users? If not, what methods are used to communicate with licensees?

Thank you!

 

Mary Dolores Young
Boulder City Council
303-501-2439
youngm at bouldercolorado.gov