HomeMy WebLinkAboutordinance.council.020-17 ORDINANCE NO. 20
(Series 2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN—ANIMALS
AND FOWL - TO ADD A NEW SECTION 6.08.190 ENTITLED: KEEPING A HARASSING
DOG PROHIBITED.
WHEREAS,Aspen Municipal Code Section 6.08.120 currently prohibits the keeping of a
"vicious dog," which is defined as a "dog that unprovokedly bites or attacks human beings or
other animals either on public or private property or in ,a vicious or terrorizing manner
approaches any person in apparent attitude of attack upon the streets, sidewalks or any public
ground or place,"and
. WHEREAS, the Aspen Police Department received numerous animal bite call for service
every year, but only a small number of those cases meeting the definition of"vicious dog." The
majority of cases still involve a dog that is potentially dangerous and warrants some law
enforcement action or penalty for the dog owner; and,
WHEREAS, under the current code, the only options available to officers when dealing
with a dangerous or harassing dog is to issue the dog owner summons to municipal court or issue
the dog owner a warning. There are cases, however, that warrant an "intermediate" sanction; and,
WHEREAS, the adoption of a section to the Municipal Code prohibiting harassing dogs
that would allow for a penalty assessment for the first two offenses as opposed to a mandatory
court appearance is necessary for Law Enforcement to appropriately enforce and correct
problematic dog behavior within the City; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of the public health, safety, and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Title 6—Animals and Fowl - of the Municipal Code of the City of Aspen, Colorado,
is hereby amended by the addition of a new section 6.08.190 — Keeping a Harassing Dog.
Prohibited, which section shall read as follows:
6.08.190 Keeping a Harassing Dog Prohibited.
No person shall own, keep, possess, or harbor a harassing dog within the City. For the
purposes of this section, a harassing dog is hereby defined and declared to be any dog that
exhibits an apparent attitude of attack, approaches in a menacing fashion, chases a person or
another animal, or has demonstrated tendencies that would cause a reasonable person to believe
that the dog may inflict injury upon any person or animal.No owner or keeper of a dog shall
permit the dog to harass any other animal or person. A dog shall be deemed harassing, whether
or not the offending dog inflicts injury. A person charged with a first or second violation of this
section shall have the option of paying a handling, processing and administrative assessment
therefor to a designated City agent, the City of Aspen animal safety officer or his or her
authorized agents, in lieu of further proceedings in court to defend such charge as described in
Section 1.04.080. If such person elects to appear in court, he shall be proceeded against as
otherwise provided by law for the violations charged and shall be subject to the penalties
provided for in Section 1.04.080, if found guilty of such charges. The penalty assessments for a
violator of this section shall be as follows:
First Offense: $50 fine
Second Offense: $100 fine
Third Offense: mandatory court appearance with potential penalties pursuant to
Section 1.04.080.
Section 2: Litigation
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 ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3: Severability
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.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND ORDERED PUBLISHED s prod epo by I by the City
Council of the City of Aspen on the 26 day of June, 2016.
Steven Ska on, Mayor
A ST-
Linda Manning, City C erk
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FINALLY,adopted, passed and approved this 24 day of July, 2017.
Steven Skad on, Mayor
ATTEST:
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Linda Manning, City CI rk
APPROVED AS TO FORM:
J!,aKes R. True, City Attorney
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