19.2.1.200 CITATION; COMMENCEMENT OF ACTION; FINES.

(a) Service. A citation issued pursuant to this Act must be provided to the person cited and may be served by personally delivering a copy to the person or by any other means authorized by the civil rules of the Pueblo for serving a civil complaint. The citation shall command the person to appear before the Court at a time and place to be ordered by the Court and to answer the violation alleged.

(b) Number of Incidents. Once a person has been cited, each day that the person fails to comply with the provisions of this Act will constitute a separate offense.

(1) Jurisdiction. The Pueblo Courts have jurisdiction over civil complaints filed by the Animal Control Officer pursuant to this Act.

(2) Hearing Date Set. Upon filing of the citation by the Animal Control Officer with the Clerk of the Court, a hearing will be set for the Court's next available hearing date. If the next hearing date is less than seven (7) days after the filing of the complaint, the hearing will be set for the following hearing date. A copy of the civil citation may serve as the civil complaint.

(3) Summons to Appear. The Clerk of the Court must issue a Summons to Appear to the person cited no less than seven (7) days prior to the hearing date. The Summons to Appear shall state the date, time, and location of the hearing. The Summons to Appear shall contain a statement that failure to appear will be deemed an admission of guilt to the allegation(s).

(4) Hearing.

(A) A person served with a Summons to Appear must appear before the Court at the designated time and place. The person must enter a plea of (i) admit, (ii) admit with explanation, or (iii) deny.

(B) If the person admits or admits with explanation, the Court shall enter judgment for the Pueblo and impose a civil fine and the time in which the fine must be paid. In determining the fine, the Court may consider any explanation submitted by the person cited.

(C) If the person fails to appear, the Court shall enter judgment for the Pueblo and shall impose a civil fine and the time in which the fine must be paid.

(D) If the person denies the allegation, the Court shall set a trial date.

(5) Trial. The trial shall be informal and without a jury. The Animal Control Officer is required to prove that the violation occurred by a preponderance of evidence. Technical rules of evidence shall not apply. The failure of the Animal Control Officer to perform the Officer's duties or responsibilities under this Act shall not be cause for the Court to set aside the citation.

(A) If the Court finds in favor of the cited person, it shall enter an order dismissing the allegation.

(B) If the Court finds in favor of the Pueblo, it shall enter judgment for the Pueblo, impose a civil fine on the person, and set the date by which the fine must be paid.

(d) Penalty. In addition to any other fees assessed under this Act, a person found responsible by the Court shall be subject to the following civil penalties:

(1) For a minor violation, a fine no less than twenty-five dollars ($25.00) and not to exceed one-hundred dollars ($100.00). Minor violations include, but are not limited to, licensing violations, roaming violations, failure to spay or neuter violations, or failing to dispose of a carcass.

(2) For a medium violation, a fine no less than one-hundred dollars ($100.00) and not to exceed five-hundred dollars ($500.00). Medium violations include, but are not limited to, vaccination violations, household limitation violations, failure to post a vicious animal sign, harboring a vicious or nuisance animal, or harboring a dangerous animal or an animal not permitted on Pueblo Lands.

(3) For a major violation, a fine of no less than five-hundred dollars ($500.00) and not to exceed one-thousand dollars ($1,000.00). Serious violations include, but are not limited to, care and neglect violations, confinement violations, and violations of Section 10.19 Rabies and Other Disease Control.

(4) In addition to any fine imposed under this sub-Section, the Court may also enter an order removing an animal from the Owner, prohibiting an Owner from owning an animal or any kind of animal, requiring certain conditions for an Owner to have or keep an animal, or any other order that the Court finds, in its discretion, achieves the purposes of this Act.

(e) Community Service in Lieu of Payment of Fine. If the person is not able to pay any fines ordered for any reason, the Court may order the person to complete one (1) hour of community service at the national minimal wage rate until the monies due would have been paid off. Such work shall be performed under the supervision of the Animal Control Officer and must consist of activities that pertain to the care, treatment, or control of animals and/or the cleaning, repair, maintenance, or construction of facilities used for animals.

(f) Pay Over of Fines. All fines must be paid to the Clerk of the Court. The Clerk of the Court shall hold and pay over to an account designated by the Governor on a monthly basis all the fines collected pursuant to this Act.

(g) Judgment of Civil Liability for Damages or Injury. When judgment is entered against a person, the person shall also be liable in any civil action brought for damages or injury. When the action arises from an attack, the owner shall be civilly liable whether the person attacked was in a public place or lawfully upon private premises and regardless of whether or not the animal was known to be vicious prior to the attack. Proof that the plaintiff provoked the attack is a defense.