HomeMy WebLinkAboutordinance.council.060-82 RECORD OF PROCEEDINGS 190 Leaves
ORDINANCE NO. ~=~
(Series of 1~-~)
AN ORDINANCE PROHIBITING THE USE OF LEG-HOLD ANIMAL TRAPS WITHIN
THE CITY OF ASPEN, COLORADO
WHEREAS, the City Council and the Mayor of the City of Aspen,
Pitkin County, Colorado, have considered the placement of animal
traps within the City limits and have made the following findings
of fact:
(a) The City of Aspen consists of densely-populated residen-
tial 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" animal traps,
snares and pit-falls, particularly those traps that are spring-
operated and metal-jawed and are known as "leg-hold", "steel-
jawed", "conibear" and "spring-line" traps, pose a clear danger to
said children and domestic pets within the City of Aspen; and
WHEREAS, there is no apparent public-safety or economic jus-
tification for the "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, it appears that it is in the best interests of the
health, safety and welfare of the community of Aspen to prohibit
said "leg-hold" traps;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
It shall be and hereby is declared to be unlawful for any
person, for the purpose of trapping, to place, set, maintain or
permit "leg-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-operated and metal-jawed, by
RECORD OF PROCEEDINGS 100 Leaves
their normal operation do cause substantial injury or death to the
trapped animals, and are known by the names, among others, of
"leg-hold", "steel-jawed", "conibear" and "spring-line" traps.
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 pur-
pose of controlling common mice and rats.
Nothing herein contained shall prohibit the City Manager, in
a time of danger to the public health, welfare and safety caused
by an animal disease, overpopulation or other public safety pro-
blem, to authorize, by written permit, the use of any animal trap
on an emergency basis for the period of 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.
Section 2
Except as to those traps permitted by the City Manager as
provided in Section 1, City law enforcement officers, including
police and animal control officers, are hereby authorized to imme-
diately seize, take up and hold for claim any unlawful "leg-hold"
traps found within the City limits. Any traps so seized and not
claimed by an owner within 180 days after seizure, may be there-
after destroyed by the City with no compensation therefor payable
to any claimant.
RECORD OF PROCEEDINGS 100 Leaves
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 a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on the ordinance shall be held on the'~
day of ~~ , 1982, at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the~--~ day of
~~ __, 1982.
su~an E.VMicha~i, Mayor Pro Tem
A~fTE~T~ -~
F~A~LLY adopted, passed and approved this day of
1982.
Herman Edel, Mayor
ALl, TEST :~
~/~h~r~~, City Clerk '---
K
RECORD QF PROCEEDINGS 100 Leaves
o±~,.E OF COLORADO ) C~,R~ ..... CAT~
) SS
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introc]'lcedt read in full, ~nd passed on
_
reading at 'a regular meeLzng of Lne City ~ounci! of the
City of Aspen on ~~~__, 19~, and published
in the Aspen Times a weekly newspaper of general circul-
~.tion, published in the City of Aspen, Colorado~ in i~s
J.s~ue of ~-~ ~ 19 ~ and was ~ina!!y adopted
and approved at a regular masting o~ the City Council on
Orc]inance No. , Se~.es of 19 , of sa!d City, as
provide.f by !aw.
.... ~!TNESS ?{~EREOF, i have hereunto set my hand a~d
t%l}.e seal of said City of Aspen, Colorado, this
'.-'i~f-% Ka~hyr~n ~J/ Xcch, C,.ty C~.erk
~ ~AL,