HomeMy WebLinkAboutordinance.council.10-24ORDINANCE # 10
(Series of 2024)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 6.08 OF THE ASPEN MUNICIPAL CODE,
WHEREAS, Chapter 6.08 of the City of Aspen Municipal Code provides regulations
regarding animals and animals at large; and
WHEREAS, pursuant to Section 6.08.050, it is unlawful for any owner, possessor, or
person who keeps any dog to permit the same to run at large within the limits of the City, without
exception; and
WHEREAS, the City of Aspen acknowledges the joy dogs bring to community members
and that community members desire to engage in and enjoy off leash play with their dogs within
City limits; and
WHEREAS, the City of Aspen recognizes the need for clarity in the identification of
areas appropriate for off leash play within the City limits, and
WHEREAS, the City recognizes the impact that off leash dogs pose to specific
ecosystems and wildlife; and
WHEREAS, the City recognizes unleashed dogs present safety concerns if allowed on
the trail system, in playgrounds and on actively used playing fields; and
WHEREAS, the Aspen City Council has carefully considered the above enumerated
factors, and finds that responsible off leash play in City Parks and Open Spaces under certain
conditions is appropriate; and
WHEREAS, City Council desires to amend its animal control regulations to create an
exception to allow a dog to enjoy off leash play when the owner, possessor, and keeper of the
dog meet certain conditions; and
WHEREAS, the City Councoil, determined that the health, safety, and general welfare
of the citizens, residents, and visitors of Aspen will be served by this Ordinance, which will
provide the necessary updates to the Code to except from penalty any owner, possessor, or
keeper of a dog that engages in playing off leash in identified areas and when certain conditions
are met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,
Section 1
That Section 6.08.050 of the Municipal Code of the City of Aspen is hereby amended and shall
read as follows:
Sec. 6.08.050. - Running at large restricted; leash control.
(a)It shall be unlawful for any owner, possessor or person who keeps any dog to permit
the same to run at large within the limits of the City.
(1) Subsection (a) of this section shall not apply if the dog is within an Aspen City
Park or Open Space and meets the following conditions.
a. The dog is supervised by an owner, possessor, or keeper who remains no
more than 150 feet from, is actively attentive to the dog and can verbally
control the dog if necessary.
b. The owner, possessor, or keeper of the dog off leash has a suitable leash in
their possession.
c. The dogs play does not interfere with the public enjoyment or safety
within the space, does not enter trails, playgrounds, wetland habitat,
artificial turf or other areas signed as leash -required, or dogs prohibited.
d. The dog s play does not enter areas in active use by organized programs,
park rental, recreational use, or athletic event.
(2) Notwithstanding this section, the owner, possessor, or keeper is responsible
for a dog if it comes into contact with any other person or animal regardless of
whether the dog is on a leash or off leash within sight and control of its
Owner, possessor, or keeper.
(b) A dog shall be deemed to be running at large when off or away from the premises of
the owner, possessor or keeper thereof and not under the direct control of the owner,
possessor, keeper or his agent or servant or a member of his immediate family either by
leash, cord or chain no longer than six (6) feet in length and of sufficient strength to
completely restrain the dog or within a vehicle or other confinement. A person may be in
direct control of no more than three dogs.
(c) Dogs must be leashed on trails, sidewalks, streets and within the pedestrian mall.
(d) Off leash play is not allowed in Yellow Brick Park and John Denver Sanctuary. Off
leash play is not allowed in Herron Park from 9:00 am until dusk.
(e) Any person convicted of violating any provision of this Section shall, upon
conviction, be fined in an amount not to exceed three hundred dollars ($300.00) or by
imprisonment for not more than ninety (90) days or by both such fine and imprisonment.
Section 2:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
23rd day of July, 2024.
ATTEST:
Nicole Henning, City
FINALLY, adopted, passed and approved this
ATTEST:
Nicole Henning, City
APPROVED AS TO FORM:
es R. True, City Attorney
Torre, Mayor
day of August, 2024
Torre, Mayor