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ORDINANCE NO. 10
(Series of 1986)
AN ORDINANCE CODIFYING THE PROHIBITION OF THE USE OF LEG-HOLD
ANIMAL TRAPS WITHIN THE CITY OF ASPEN, COLORADO, AS PRESCRIBED BY
ORDINANCE NO. 60 (SERIES OF 1982).
WHEREAS, in considering the adoption of Ordinance No. 60
(Series of 1982) the City Council made the following findings of
fact, which it desires to hereby reaffirm:
(a) The City of Aspen consists of densely populated resi-
dential and commercial areas and said areas contain a substantial
number of children and domestic pets, and
(b) The use of certain types of "leg-hold" animals traps,
snares, and pitfalls, particularly those traps that are spr ing
operated and metal jawed and are known as "leg-hold", "steel-jaw-
ed", "conibear" and "spring-line" traps, pose a clear danger to
said children and domestic pets within the City of Aspen, and
(c) There is no apparent public safety or economic justifi-
cation for the use of "leg-hold" traps, and there are
available types of animal traps that do not pose such a
danger to children or domestic pets; and
WHEREAS, in addi tion to the danger posed to children and
domestic pets, the City Council does hereby find that the use of
said traps is inhumane and cruel, causing extraordinary suffering
and terror to the trapped animal.
WHEREAS, the City Council desires to codify Ordinance No. 60
(Series of 1982) as Section 13-99 of the Municipal Code of the
City of Aspen.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN,
COLORADO:
Section 1
That Chapter 13 of the Municipal Code of the City of Aspen,
Colorado, is hereby amended by adding a Section 13-100, which
section shall read as follows:
"(a) It shall be and hereby is declared to be unlawful
for any person, for the purpose of trapping, to
place, set, maintain, or permit any 'keg-hold'
animal trap or traps upon any property, public or
private, within the City of Aspen. Leg-hold traps
are those types of animal traps that are spring-o-
perated and metal-jawed, and by certain their
normal operation cause substantial injury or death
to the trapped animals, which traps are known by
certain names, among others, as 'leg-hold',
'steel- jawed', 'conibear' and 'spring-lined'.
Nothing herein contained shall prohibit the
otherwise lawful trapping of any animal by use of
a 'box-type' animal trap. Box-type traps are
those types of animal traps that by their normal
operation are intended to capture the animals
alive and unharmed, and are known by the names,
among others, of 'cage trap', 'cage-door trap', or
'live trap'.
Nothing herein contained shall prohibit the
otherwise lawful possession or use of standard
mouse and/or rat traps for the purpose of control-
ling common mice and rates.
Nothing herein contained shall prohibit the City
Manager, in a time of danger to the public health,
wel fare and safety caused by any animal disease,
over-population, or other publ ic safety probl em,
to authorize, by written permit, use of any animal
trap on an emergency basis for the period of the
emergency, by City police, City animal control
officers, officers of the Colorado Division of
Wildlife and Colorado Department of Agriculture or
other persons authorized by such permit.
(b) Except as to those traps permitted by the City
Manager as provided in subparagraph (a) herein-
above, City law enforcement officers, including
police and animal control officers, are hereby
authorized to immediately seize, take up, and hold
for claim any unlawful 'leg-hold' traps within the
City limits. Any trap so seized and not claimed
by an owner within one hundred eighty (180) days
after seizure, may be thereafter destroyed by the
City with no compensation therefor payable to any
claimant.
Section 2
The penalty for violation of violation of Section 13-100, as
set fourth in Section 1 of this ordinance, shall be the general
penalty set forth in Section 1-8 of the Municipal Code, specific-
ally punishment by fine not exceeding Three Hundred
Dollars($300.00) or
impr isonment for a per iod of not more than ninety (90) days or
both such fine ad imprisonment to be imposed at the discretion of
the court. Each day any violation shall continue shall consti-
tute a separate offence.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
Section 5
A public hearing on the ordinance shall be held on the
____~~___ day of ~ , 1986, in the
- -
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as prOVid~y at by
the City Council of the City of Aspen on the _/~ __ day of
~~
, 1986.
~;d,/~
William L. Stirling, Mayor
ATTEST:
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FINALLY adopted, passed and approved this
02;/QtIJ
day of
~
, 1986.
~~.
William L. Stirling, Mayor
ATTEST:
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/:; hryLt L s'. :-~;c
. >r:::~ 'ocL:r:;J J
, City Clerk.
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