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HomeMy WebLinkAboutordinance.council.006-73RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1973~ AN ORDINANCE AMENDING SECTION 5-28, AND SECTION 5-29, AND SECTION 5-31, AND SECTION 5-32, AND SECTION 5-45, AND SECTION 5-48, AND SECTION 5-62, AND REPEALING SECTION 5-30, SUBSECTION (d) AND SECTIONS 5-60, 5-61, 5-63 AND 5-64, AND REPEALING AND REPLACING SECTION 5-66 OF CHAPTER 5 OF THE ASPEN MUNICIPAL C~DE TO PROVIDE FOR THE ANNUAL ISSUANCE OF RABIES VACCINATION AND DOG LICENSE TAGS BY LICENSED VETERINARIANS, SETTING THE FEES IN CONNECTION THEREWITH, INCREASING THE DAILY DOG IMPOUND RATE, AND TO AMEND CERTAIN OTHER PROVISIONS OF SkID CHAPTER 5 IN ACCORDANCE WITH THE AFORESAID CHANGES, AND ADOPTING A NEw DIVISION 4 TO ARTICLE II OF SAID CHAPTER 5 ESTABLISHING THE PENALTIES FOR VIOLATIONS OF SAID ARTICLE II AED PROVIDING FOR OPTIONAL PENALTY ASSESSMENTS FOR CERTAIN VIOLATIONS THEREOF AND ESTABLISHING A SCHEDULE OF SUCH PENALTY ASSESSMENTS. WHEREAS, the City of Aspen. pitkin County Poundmaster and Animal Wardens have recommended to both the City of Aspen and the County of Pitkin that a new system of dogs be adopted in both jurisdictions, would be simultaneously licensed and licensing and vaccinating under which system dogs inoculated against rabies once each year by a licensed veterinarian, and would be issued a joint City-County license containing both vaccination and licensing information; and WHEREAS, the said Poundmaster and Animal Wardens have further recommended that the annual fee for obtaining this license be reduced to $1.50 per dog, and that the fee for impounding a dog in the City-County pound be raised to $4.00 per day; and WHEREAS, it has been further recommended that an optional system of penalty assessments be established for violations of certain of the provisions of the Dog Control Code of the City of Aspen, and that the schedule of such penalty assessments be set forth in full in such Dog Control Code; and RECORD OF PROCEEDINGS !00 L£AVE$ WHEREAS, the Aspen City Council has carefully considered these recommendations, and believes that the adoption thereof will be both administratively and economically practical and will serve to promote the health, safety and general welfare of the Aspen community; and WHEREAS, the Board of pitkin County Commissioners has similarly resolved to adopt the recommended City-County dual-purpose licensing procedure. NOW~ THEREYORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Section 5-28 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety and is herby replaced and superceded with a new Section 5-28, which shall read as follows: "SEC. 5-28. ANNUAL VACCINATION AND LICEN~NG REQUIRED; FEE; APPLICATION. (a) IT SHALL BE THE DUTY OF EVERY PERSON WHO OWNS~ KEEPS OR HARBORS ANY DOG WITHIN THE CITY OF ASPEN~ COLORADO, TO ANNUALLY OBTAIN A LICENSE FOR SUCH DOG AND HAVE SUCH DOG INOCULATED AGAINST RABIES. LICENSING AND INOCULATION SHALL BE ACCOMPLISHED SIMULTANEOUSLY BY ANY VETERINARIAN LICENSED TO PRACTICE IN COLORADO WHO HAS ENTERED INTO AN AGREEMENT WITH THE CITY OF ASPEN TO ACT AS AN AGENT OF SUCH CITY FOR PURPOSES OF ISSUING DOG LICENSES UNDER THE PROVISIONS OF THIS CHAPTER. THE CITY SHALL OBTAIN A PERFORMANCE BOND IN THE AMOUNT OF $500.00 FOR EACH VETERINARIAN ENTERING INTO SUCH AN AGREEMENT WITH THE CITY. (b) THE ANNUAL FEE FOR LICENSING A DOG SHALL BE $1.50, WHICH FEE SHALL BE PAID BY THE OWNER TO THE VETERINARIAN AT THE TIME OF INOCULA- TION. THIS FEE SHALL BE CONSIDERED A LICENSE TAX AND SHALL BE RE- MITTED BY THE VETERINARIAN TO THE CITY FINANCE DIRECTOR WITHIN TEN (10) DAYS FOLLOWING THE END OF THE CALENDAR MONTH IN WHICH SUCH DOG WAS INOCULATED. -2- RECORD OF PROCEEDINGS LEAVES (c) AT TKE TIME OF APPLICATION FOR VACCINATION AND LICENSING OF A DOG~ TH~ O~NER THEREOF SHALL STATE, UPON A PRINTED FORM PRO- VIDED FOR SUCH PURPOSE~ HIS NAME AND ADDRESS AND THE BREED~ COLOR AND SEX OF THE DOG TO BE LICENSED." Section 2. Section 5-29 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety, and is hereby replaced and superceded with a new Section 5-29, which shall read as follows: "SEC. 5-29. TAG AND COLLAR; EXPIRATION OF LICENSE. (a) UPON RECEIPT OF THE LICENSE FEE AND COMPLETED PRINTED FORM REQUIRED IN SECTION 5-28 HEREOF, THE INOCULATING VETERINARIAN SHALL ISSUE TO THE OWNER OF THE DOG BEING LICENSED A RECEIPT FOR THE PAYMENT~ AND A TAG SIGNIFYING THAT THE DOG HAS BEEN VACCINATED~ THE DATE OF INOCULATION~THE SERIES NUMBER OF THE VACCINATION CERTIFICATE~ AND THE NUMBER OF THE LICENSE. THE RECEIPT SHALL CONTAIN THE DATE OF INOCU- LATION AND THE NUMBER OF THE LICENSE AS SHOWN ON THE TAG. EVERY OWNER SHALL BE REQUIRED TO PROVIDE HIS DOG WITH A DURABLE COLLAR TO WHICH THE LICENSE TAG MUST BE ATTACHED~ AND SHALL BE RESPONSIBLE FOR SEEING THAT THE DOG WEARS THE COLLAR AND TAG AT ALL TIMES. IN THE EVENT A DOG LICENSING TAG IS LOST, DESTROYED OR MUTILATED, A DUPLICATE SHALL BE ISSUED BY THE POUNI)MASTER UPON PRESENTATION OF THE RECEIPT SHOWING INOCULATION AND PAYMENT OF THE LICENSING FEE FOR THE CURRENT YEAR AND UPON PAYMENT OF A FEE OF FIFTY CENTS ($0.50) FOR EACH DUPLI- CATE~ WHICH FEE SHALL BE REMITTED TO THE CITY FINANCE DIRECTOR BY THE POUNDMASTER IN THE SAME MANNER AS LICENSE FEES UNDER SECTION 5-28 HEREOF. DOG TAGS SHALL NOT BE TRANSFERABLE FROM ONE DOG TO ANOTHER AND NO REFUNDS SHALL BE MADE ON ANY DOG LICENSE FEE BECAUSE OF THE DEATH OF THE DOG OR THE OWNER'S LEAVING TH]~ CITY BEFORE Tt]~ EXPIRA- TION OF THE LICENSING PERIOD. (b) THE VACCINATION AND LICENSE REQUIRED BY THE PROVISIONS OF THIS ARTICLE SHALL EXPIRE AND BECOME INVALID ONE (1) YEAR FROM THE DATE OF THE TAG ISSUED tIEREUNDER. RECORD OF PROCEEDINGS !00 LEAVES Section 3. Subsection (d) of Section 5-30 of the Municipal Code of the City of Aspen, Colorado, is hereby repealed in its entirety. Section 4. Section 5-31 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-31. Procedure and compliance with articles required for dogs imported into city. All dogs which are brought into the city shall be in compliance with the laws and rules and regulations of the state regarding the handling of the animal and shall have been vaccinated not ;e~s-~ma ~a&~¥-4~)-daysv-~e~ more than twelve (12) months prior to importa- tion. The tag denoting vaccination shall be firmly affixed to the collar or harness of the dog, and shall be evidence of compliance with this section. If the imported dog remains in the city more than thirty (30) days, such dog shall be ~e§i~e~e~ LICENSED in accordance with the provisions of this article. Any legally acceptable certification of vaccination issued by a legally authorized person to the owner of the dog, in any municipality, county or state, shall be exchanged for a current vaccination-~§is~a~i~a - LICENSE tag of the city and-a ~ W~ICB ~AG S~A~L BEA~ ~E DA~E OF YACCINA~ION S~OWN CN ~H'E A~O~ESAID C~I~ICA~E. A ~ANS~E~ ~EE O~ $l.50 SHALL BE ~AID BY ~E DOG OWNER · O ~ ~O~AS~ A~ ~B~ ~Z~ SOC~ ~XC~G~ ~AG ZS ZSSO~s W~ZC~ Z~ ~ SA~ ~A~ AS ~ZC~S~ ~S ~ S~C~ZO~ 5-~8 ~E~O~. (Code 1962, §6-3-18; Ord. No. 12-1965, §19; Ord. Section 5. Section 5-32 of the Municipal Code of Colorado, is hereby amended to read as follows: NO. 25-1967, §12). the City of Aspen, -4- RECORD OF' PROCEEDINGS ~O0~£AVE~ "Sec. 5-32. Failure to ~e~&s~e~ LICENS~ and inoculate prohibited. It shall be unlawful for any person to own, E~EP or harbor any dog in the city that has not been inoculated and LICENSED as provided in this article. (Code 1962, §6-3-20; Ord. No. 12-1965, §21)". Section 6. Section 5-45 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-45. Notice to owner; redemption fee. When any dog is impounded,as provided in section 5-44, it shall be the duty of the poundmaster or animal warden to make reasonable efforts to notify the owner, possessor~ or person who harbors or keeps the same, if known, and if not known to post at the city hall and at the pound, a notice containing a description of such dog~ amd when and where caught. A charge of i~ee FOUR dollars 45~) ($4.00) is hereby made for the impounding of any dog. An additional charge of ~k~es FOUR dolla~s~5~$2,~) ($4.00) per day is hereby made for each day, or part thereof~ the dog is kept in the pound, including the day of removal, but not including the day of impounding. No dog shall be released from the pound until the owner shall have paid all charges for impounding the dog, the additional charges for maintain the dog, and until the dog has been licensed AND VACCINATED in accordance with this article. (Code 1962, §6-3-6; Ord. No. 5-1964, §9; Ord. No. 12-1965, §7)~. Section 7. Section 5-48 of the Municipal Code of the City of Aspen, Colorado, "Sec. It is pound of the city upon receipt is hereby amended to read as follows: 5-48. Release upon compliance with provisions of article. the duty of the city to release any dog from the animal of satisfactory proof of ownership -5- RECORD OF PROCEEDINGS IOOL£AV£$ thereof, upon payment of any fee due the city, and upon PROPER VACCINATION FOR RABIES (OR presentation of proof of vacdnation for rabies) and proper se§i~a~ea LICENSING of such dog in accordance with the provisions of this article. (Code 1962, §6-3-17; Ord. No. 12-1965, §18; Ord. No. 25-1967, §11)". Section 8. Section 5-62 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-62. ~ams-Duty of persons inoculating. It shall be the duty of each person legally authorized to perform vaccinations on dogs when inoculating any dog to fill out a triplicate certificate with the information required by law and immediately present one triplicate copy to the owner or harborer of the inoculated dog, and to mail one triplicate copy to the office of the ~i~eeie~-e$-~iaaaee CITY FINANCE DIRECTOR within five (5) days from the date of the~inoculation. The remaining triplicate copy of the certificate shall be retained by the person performing the vaccination. THE CITY FINANCE DIRECTOR SHALL RETAIN AND FILE THE COPIES OF SUCH TRIPLICATE CERTIFICATES AS THE OFFICIAL REGISTRY OF ALL DOGS INOCULATED WITH ANTI-RABID VACCINE FOR THE CITY. (Code 1962, No. 12-1965, §14; Ord. No. 25-1967, §8)V. of §6-3-13; Ord. Section 9. Sections 5-60, the City of Aspen, Section 10. Section 5-66 of 5-61, 5-63 and 5-64, of the Municipal Code Colorado, are hereby repealed in their entirety. the Municipal Code of Colorado, is hereby repealed replaced and superceded by a follows: the City of Aspen, in its entirety, and is hereby new Section 5-66 which shall read as "SEC. 5-66. PRESENT VALID LICENSES NOT AFFECTED; EXPIRATION DATE OF EXISTING LICENSES. --6-- RECORD OF PROCEEDINGS 100 LEAVES THE ADOPTION OF THIS ORDINANCE SHALL NOT IN ANY WAY AFFECT THE VALIDITY OF ANY UNEXPIRED DOG LICENSES HERETOFORE ISSUED BY THE CITY OF ASPEN, PROVIDED THAT ALL SUCH CURRENTLY VALID LICENSES WHICH DO NOT OTHERWISE EARLIER EXPIRE SHALL BE DEEMED TO EXPIRE ONE YEAR FROM THE DATE UPON WHICH SUCH DOG WAS LAST INOCULATED AGAINST RABIES." Section 11. Article II of Chapter 5 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of Division 4 thereto, which new Division 4 shall read as follows: "DIVISION 4. PENALTIES SEC. 5-67. GENERAL PENALTY. ANY PERSON CONVICTED OF VIOLATING ANY PROVISION OF THIS ARTICLE II OF CHAPTER 5 SHALL, UPON CONVICTION, BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS ($300.00) OR BY IMPRISONMENT FOR NOT MORE THAN NINETY (90) DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. SEC. 5-68. PENALTY ASSESSMENT AND SCHEDULE. (a) NOTWITHSTANDING THE PROVISIONS OF SECTION 5-67 HEREOF, A PERSON CHARGED WITH ONE OR MORE OF THE VIOLATIONS OF THIS ARTICLE II LISTED BELOW SHALL HAVE THE OPTION OF PAYING ~HE BELOW-SPECIFIED PENALTY ASSESSMENTS THEREFOR TO THE CITY POUNDMASTER IN LIEU OF FURTHER PROCEEDINGS OR DEFENSE OF SUCH VIOLATION(S) IN COURT, OR OF APPEARING IN COURT TO DEFEND SUCH CHARGES). 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 5-67 HEREOF IF FOUND GUILTY OF SUCH CHARGES. (b) IN THE EVENT A PERSON ELECTS TO PAY THE PRESCRIBED PENALTY ASSESSMENT AS PERMITTED IN SUBSECTION (a) HEREOF, SUCH PAYMENT SHALL CONSTITUTE AN ACKNOWLEDGMENT OF GUILT BY SUCH PERSON OF THE OFFENSE --7-- RECORD OF PROCEEDINGS 100 LEAVES CHARGED, AND SHALL BE DEEMED A COMPLETE SATISFACTION FOR SUCH VIOLATION, AND UPON ACCEPTING THE PRESCRIBED PENALTY ASSESSMENT THE CITY POUNDMASTER SHALL ISSUE A RECEIPT TO THE VIOLATOR AC- KNOWLEDGING PAYMENT THEREOF. (c) THE PENALTY ASSESSMENT AND THE NATURE OF THE VIOLATION FOR WHICH THE PENALTY ASSESSMENT MAY BE ACCEPTED AND PAID BY THE VIOLATOR UNDER THE PRIVILEGES OF THIS SECTION SHALL BE AS FOLLOWS: (1) NO DOG LICENSE $10.00 (2) NO RABIES VACCINATION $10.00 (3) DOG RUNNING AT LARGE- FIRST OFFENSE $ 5.00 (4) DOG RUNNING AT LARGE- SECOND OFFENSE $20.00 (5) DOG RUNNING AT LARGE- FOR EACH OFFENSE AFTER T~E SECOND,THE PENALTY ASSESSMENT SHALL INCREASE $20.00 FOR EACH ADDITIONAL OFFENSE~ UP TO THE MAXIMUM FINE PERMITTED BY LAW. (d) IN DETERMINING THE APPROPRIATE PENALTY ASSESSMENT FOR A VIOIATION OF THE 'DOG RUNNING AT LARGE'SECTION H~EOF, THE FIRST OFFENSE SHALL BE DEEMED THE FIRST VIOLATION OCCURRING AFTER THE DATE OF THE LICENSE TAG WDRN BY THE OFFENDING DOG, OR SIMPLY THE FIRST SUCH VIOLATION IN THE CASE OF AN UNLICENSED DOG. THE NUMBERING OF SUCH OFFENSES SHALL BE DEEMED TO BEGIN ANEW ON THE DATE A NEW ANNUAL LICENSE IS PURCHASED FOR A DOG, PROVIDED THAT IF SUCH NEW LICENSE IS PURCHASED LESS THAN ELEVEN (11) MONT~S FROM THE DATE THE OLD LICENSE WAS ACQUIRED, THE NUMBERING OF SUCH OFFENSES SHALL NOT BEGIN ANEW UNTIL THE ACTUAL EXPIRATION DATE OF THE OLD LICENSE. Section 12. A public bearing on the ordinance shall be held on ~/~7_~ , 1973, at ~//?3oP.M. in the City Council Chambers, City Hall Building, Asps Colorado. Section 13 If any provision of this ordinance or the application thereof -8- RECORD OF PROC£EDING$ 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 witho~ the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. INTRODUCED~ READ AND ORDERED PUBLISHED as provided by Mw by the City Council of the City of Aspen, Colorado on the~.~ day of ATTEST: // ~ City Clerk Mayor FINALLY ADOPTED~ PASSED AND APPROVED 1973. ATTEST this /~7_~day of City Clerk Mayor -9- ed in ation, issue of February 28 adopte~ and aDnrove~ at a STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) ~ ii, Lorraine Graves, City Clerl~ of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Ashen on February 26 ,177 3 , and nublish- Today the Asmen~x~ a weekly newsoaner of Feneral ci"cul- published in the City of As~en, Colorado, in its Council on March 12 as Ordinance No. 6 orovided by law. the ~ay of , 1~7 3 and was finally regular meeting of the City ,197__3 ,and ordered published , Series of 1973, of sai~ City, as IN WITNESS ~EREOF, I have hereunto set my hand and seal of said City of Asnen~ Colorado, this 12yh March .~ 1')7 3 SEAL ~,~raine Graves, City Clef!~,