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HomeMy WebLinkAboutordinance.council.087-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 87 (Series of 1976) AN ORDINANCE MAKING VARIOUS CHANGES TO THE PRO- VISIONS OF THE MUNICIPAL CODE CONCERNING ANIMALS; MORE SPECIFICALLY, PROVIDING THAT OWNERS MUST REMOVE EXCRETA LEFT BY THEIR ANIMALS; ESTABLISHING A PENALTY ASSESSMENT OF $20.00 FOR THE OFFENSE (WHEN CONCERNING DOGS); AMENDING THE CODE BY PROHIBITING THE HITCHING OF ANIMALS WITHIN OR UPON PUBLIC PROPERTY (EXCEPT IN DESIGNATED AREAS) AND FURTHER PROHIBITING HITCHING ON PRIVATE PROPERTY SUCH AS TO PERMIT THE ANIMAL ACCESS TO ANY PUBLIC PROPERTY AND TO INTERFERE WITH TRAFFIC OR SO AS TO EXPOSE THE PUBLIC TO AN UNSUPERVISED ANIMAL; AND, FInaLLY, IMPOSING A PENALTY OF $10.00 FOR THE ILLEGAL HITCHING OF DOGS WHEREAS, the City Council has determined that action must be taken to reduce animal excreta on public and private property and to eliminate the practice of hitching animals within the City so as to interfere with public passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section, which said section reads as follows: Sec. 5-10 Animal Litter Any person having possession, custody or control of any animal (including a dog) shall be responsi- ble for the removal of any excreta deposited by any such animal upon any property, public or private, except that owned by the person having possession, custody or control of said animal. Section 2 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a subsection to section 5-68(c) which said subsection reads as follows: RECORD OF PROCEEDINGS 100 Leaves (7) Failure to remove excreta, $20.00 for each offense. Section 3 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the repeal and reenactment of Section 5-7 thereof, which said reenacted ordinance reads as follows: Sec. 5-7 Hitching of Animals (a) It shall be unlawful for any person to hitch a horse or any other animal (including a dog) within or upon any public property except within areas designated for hitching by the City Manager. Regulations with respect to the use of such designated areas may be promulgated by the City Manager and may pro- vide (among other remedies) for the impound- ment of any animal hitched for longer than the permitted time period or which by howling, fighting, or otherwise, creates a public disturbance or constitutes a nuisance. (b) It shall be unlawful for any person to hitch a horse or any other animal (including a dog) within or upon any private property such as to permit the animal access to any public property (including public rights of way) and to create the opportunity for the animal to interfere with pedestrian and vehicular traffic or so as to expose the public to an unsupervised animal. -2- RECORD OF PROCEEDINGS 100 Leaves Section 4 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a subsection to Section 5-68(c) which said subsection reads as follows: (8) Illegal hitching $10.00 Section 5 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 6 A public hearing on the ordinance ~. c~ /e~ , at 5:00 P.M. City Council Chambers, Aspen City Hall, Aspen, Colorado. shall be held on in the INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the /O~day of Staqy /Standley III~_ / Kathryn S.~Hauter City Clerk FINALLY adopted, passed and approved on the /~r~ay of ~ _/~]~$.~77· Stacy/ta'nd~y III RECORD OF PROCEEDINGS 100 Leaves ATTEST: Xathryn S~ Hauter City Clerk -4- RECORD OF PROCEEDINGS Lewes STATE OF COLORADO ) .. ) SS COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk'of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on C~unfil of the reading at a regular meeting of the City C~ty of Aspen one, 197 -~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~, 197 7, and was finally adopted and approved at a regular meeting of the City Council on  /~ 197 7, and ordered published as Ordinance No. ~7 , Series of 197 ~ , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this J~ day of , 1977 er, City Clerk