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Home My WebLink Aboutordinance.council.049-78RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1978) AN ORDINANCE AMENDING CRAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY SETTING DOG LICENSE FEES AND PENALTY ASSESSMENTS FOR FAILURE TO LICENSE DOGS AND BY REQUIRING THE POSTING AND ENCLOSURE OF AREAS GUARDED BY WATCH DOGS WHEREAS, the City Council has determined that it will promote the public health, ~afety and welfare to encourage the altering of dogs and to require the posting and enclosure of areas guarded by watch dogs within the City of Aspen, and on recommendation of the City Dog Warden, has considered and deteremined to amend the City's dog regulations to that effect. NOW, ?i~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 5-28(a) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (a) No dog over the age of six (6) months shall be kept, harbored or maintained within the City of Aspen, Colorado, unless the owner, keeper or person in charge of such animal shall have the animal inoculated against rabies and annually pay a designated agent of the City of Aspen for collection (as may from time to time be designated by the City) a license fee of two ($2.00) dollars to be remitted to the City of Aspen for each and every dog owned, kept or harbored. For purposes of this paragraph 2, persons authorized to perform vaccinations against rabies may be desig- nated as agents of the City for the collection of license fees hereunder. ~ection 2 That Section 5-29(a) of the Aspen Municipal Code is hereby amended by the deletion of all reference to "poundmaster" and the addition of "animal control officer" in its place. Section 3 That Section 5-31 of the Aspen Municipal Code is hereby amended by the deletion of all reference to "poundmaster" and the addition of "animal control officer" in its place. RECORD OF PROCEEDINGS Section 4 ~'hat Section 5-37 of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: Sec. 5-37. Keeping of vicious dogs prohibited. No person shall own, keep, ~ossess or harbor a vicious dog within the City of Aspen. For the purposes of this section, a vicious dog is hereby defined and declared to be 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. Any dog that bites or attacks a person who is unlawfully trespassing upon, breaking into or otherwise destroying or defacing its owner's property shall be deemed to be provoked within fhe meaning of this section; provided, however, that no dog shall be deemed to have been provoked by reason of having attacked a person who was merely trespassing unless its owner shall have clearly delineated the boundaries of his property by a continuous obstruction (e.g. wall, fence) and shall have posted, in at least two conspicuous places on the perimeter of the property (and at all obvious entrances), signs (at least 4" x 14" in size and printed) warning of the danger. It shall be the duty of the animal control officer and all police officers to take up and impound any dog which is a vicious dog. In the event a vicious dog cannot be taken up and caught by the animal control officer or any police officer exposing himself to danger or personal injury from such dog, it shall be lawful for the animal control officer or any police officer to destroy without notice to the owner or keeper thereof. Section 5 That Section 5-38 of the Aspen Municipal Code is hereby adopted to read as follows: Sec. 5-38. Alteration deposit provided at discretion of animal control officer. The animal control officer shall, at his discretion, provide a deposit for the alteration of any dog at a reduced fee when the same is found running at large within the limits of the City of Aspen and a penalty assessment is paid for such violation, provided, however, that such deposit shall not be greater than the difference between the penalty assessment actually paid and the penalty assessment which would have been appropriate had the dog been altered. Section 6 That Section 5-44 of the Aspen Municipal Code is hereby amended by the deletion of all reference to "poundmaster" and the addition of "animal control officer" in its place. -2- RECORD OF PROCEEDINGS Section 7 What Section 5-46 of the Aspen Municipal Code is hereby amended by the deletion of all reference to "poundmaster" and the addition of "animal control officer" in its place. Section 8 That Section 5-47 of the Aspen Municipal Code is hereby amended by the deletion of all reference to "poundmaster" and the addition of "animal control officer" in its place. Section 9 What Section 5-65 of the Aspen Municipal Code amended by the deletion of all reference to "chief and the addition of "animal control officer" in its place. Section 10 What Sections 5-68(a) and (b) are hereby amended by the deletion master" and the addition of "animal control officer" place. Section ll That Section 5-68(c)(2) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (2) No dog license .............. is hereby of police" of the Aspen Municipal Code of all reference to "pound- in its $10.00 altered dog $15.~0 unaltered dog $20.00 altered dog $30.00 unaltered dog Section 12 That Section 5-~8(c)(5) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (5) Dog running at large, second offense ............. Section 13 That Section 5-68(c)(6) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (6) Dog running at large, for each offense after the second, the penalty assessment shall increase thirty ($30.00) dollars for each additional offense by unaltered dogs or twenty ($20.00) for each additional offense by altered dogs. -3- RECORD OF PROCEEDINGS Section 14 That Section 5-68(d) be repealed and reenacted to read as follows d) In determining the appropriate penalty assessment for a violation of the "dog running at large" section hereof, the first offense shall be deemed the first violation occurring after the date of issuance (and the anniversary date thereof) of the license tag worn by the offending dog, or simply the first such violation in the case of an unlicensed dog. The numbering of such offenses shall be deemed to begin anew on the date a new annual license is issued for a dog, and, again, on the anniversary date of issuance; provided that if such new license is issued fewer than eleven (ll) months from the date of issuance (or anniversary date thereof) a former license was acquired hereunder, the number of such offenses shall not begin anew until the actual expiration date (or first anniversary thereof) of the former license. ~ection 15 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity 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 16 A public hearing on the ordinance shall be held on ~~ Y , 197~, at 5:00 P.M. in the City ~ouncil Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law ATTEST: by the City Council of the City of Aspen, Colorado, at its regular meeting held on the /~ day of o~.~/~/ Stacy ~ta~dley III / Mayor/ ' 1978. -4- RECORD OF PROCEEDINGS of ATTEST: FINALLY adopted, passed and approved on the ~ day Stacy ~tandley III ~ Mayo r( ~ Kathryn ~ :~och City Clerk -5-