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HomeMy WebLinkAboutordinance.council.056-86 ORDINANCE NO. (Series of 1986) AN ORDINANCE ENACTING SECTION 13-101 TO THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, PROHIBITING THE SALE OF FURS, WASTE FURS, FUR PRODUCTS AND USED FURS OBTAINED THROUGH THE USE OF STEEL-JAWED LEGHOLD TRAPS AND PRESCRIBING A PENALTY OF A FINE NOT EXCEEDING $300.00 FOR A VIOLATION THEREOF WHEREAS, it has been brought to the attention of the City Council that the use of certain types of "leg-hold" animal traps, particularly those traps that are spring operated and metal- jawed, commonly known as "steel-jawed leghold traps", is inhumane and cruel and poses a clear danger to children, domestic pets and wildlife; and WHEREAS, there is no apparent public safety or economic justification for the use of such "leghold" traps, and there are animal traps available that do not pose such a danger to children or domestic pets or wildlife; and WHEREAS, the city Council hereby finds that the trade in furs, waste furs and fur products obtained through the use of steel-jawed leghold traps promotes their use causing further and continuing extraordinary suffering and terror to trapped animals and, therefore, deems it to be in the best interest of the City and its residents and visitors to prohibit the sale of furs, waste furs, fur products and used furs obtained by the use of such leghold traps. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 13-101, which section shall read as follows: "Section 13-101. Prohibition Against the Sale of Furs, Waste Furs, Used Furs and Fur Products Obtained Through the Use of Leghold Traps. (a) As used in this Section 13-101, the following words and phrases shall have the following meanings: (1) The term 'fur' means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state, but shall not include such skins as are to be con- verted into leather or which in processing shall have the hair, fleece, or fur fiber completely removed. (2) The term 'used fur' means fur in any form which has been worn or used by an ultimate consumer. (3) The term 'fur product' means any article of wearing apparel made in whole or in part of fur or used fur; except that such term shall not include such articles as the Federal Trade Commission shall, from time to time, exempt by reason of the relatively small quantity or value of the fur or used fur contained therein. (4) The term 'waste fur' means the ears, throats, or scrap pieces which have been severed from the animal pelt, and shall include mats and plates made therefrom. (5) The term 'invoice' means a written account, memorandum, list or catalog, which is issued in connection with any commercial dealing in fur products or furs, and describes the particulars of any fur products or furs, transported or delivered to a purchaser, consignee, factor, bailee, correspondent or agent, or any other person who is engaged in dealing commercially in fur products or furs. 2 (6) The term 'steel-jaw leghold trap' means any spring-powered pan- or sear-activated device with two opposing steel jaws which is designed to capture an animal by snapping closed upon the animal's limb or part thereof. (b) It shall be unlawful for a person to knowingly or with wanton disregard for the consequences of his act, at any time, take, sell, purchase or barter or offer to sell, purchase or barter, transport, export or import, or have in possession or under control for the purpose of sale or barter any fur, used fur, fur product or waste fur obtained by the use of a steel-jaw leghold trap. (c) All furs, waste furs or fur products offered for sale in the City of Aspen shall contain a label displaying the following information in plainly legible English words and numbers: (1) The name or names of the animal or animals that produced the fur, waste fur, fur product or used fur; and (2) The name, or other identification issued and registered by the Federal Trade Commission under the Fur Products Labeling Act (15 USCA Sec. 69) of one or more of the persons who manufactured such fur, waste fur, fur product or used fur for introduction into commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; and (3) The name of the country or state of origin of any imported fur, waste fur, fur product or used fur. No furs, waste furs, fur products nor used furs shall be labeled, invoiced or advertised in any manner which is false, misleading or deceptive in any way. (d) Any fur, waste fur, fur product or used fur bearing a label indicating that the place of origin is a country, state or territory which does not ban the steel-jawed leghold trap shall be presumed to be in violation of this section. This presumption may be rebutted by an 3 affidavit or sworn testimony from the fur producer, trapper or hunter setting forth the place, date and manner of taking the fur-bearing animal and stating that the affiant has personal knowledge that such fur, waste fur, fur product or used fur was obtained by means other than the use of a steel-jawed leghold trap. (e) It shall be an affirmative defense to any prosecution under this section that the fur, waste fur, fur product or used fur was: (1) The product of a domesticated animal or ranch- raised animal; or (2) Was obtained by a method other than the steel- jawed leghold trap. (f) A current list of countries and states which ban the steel-jawed leghold trap shall be maintained in the office of the City Manager, and the same shall be made available without cost to any fur dealer who trades or proposes to trade in furs, waste fur, fur product or used fur in the City of Aspen. (g) Any fur, waste fur, fur product or used fur possessed or offered for sale in violation of this section shall be subject to seizure and disposition in accordance with an appropriate order of a court of competent jurisdiction. At the direction of the City Manager, the city Attorney is hereby authorized to institute seizure, injunctive, abatement or other appropriate action to prevent, enjoin, or abate such violation or seize and destroy any item possessed or offered for sale in violation of this section. (h) This section shall not prohibit the possession with intent to sell, or the sale, purchase or barter of any fur, waste fur, fur product or used fur which was imported into the City of Aspen prior to the effective date of this section or the possession or sale thereof by an individual not normally engaged in the sale of such items, if originally possessed by the seller for his or her own use and so used by the seller prior to the effective date of this section." (i) A violation of this Section 13-101 shall be punishable by a fine not exceeding $300.00. Each day any viola- tion shall constitute a separate violation. 4 Section 2 If any section, subsection, sentence, clause or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 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 ordinances. Section 4 A p~lic hgaring on the ordinance shall be held on the-- day of ~c~h4~ , 1986, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the~l of the City of Aspen on the ~/~ day of , 1986. William L. S r ATTEST: Kathryn ~ Koch, City Clerk FINALLY adopted, passed and approved this ~ day of ~ , 1986. ATTEST: ~~ch, City Clerk