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ORDINANCE NO. 27
(Series of 1971)
AN ORDINANCE REPEALING AND REINACTING SUBSECTIONS (A), (B) AND
(C) OF SECTION 4, CHAPTER 3 OF TITLE VI OF THE MUNICIPAL CODE
OF THE CITY OF ASPEN, PROHIBITING DOGS FROM RUNNING AT LARGE
IN TRE CO RCIAL, AR ZONED DI §Ig f_ THE CIT ,
AND FURTHER REQUIRING DOGS TO BE UNDER ~ CONTROL OUT-
SIDE OF THE COMMERCIAL, AR AND PARK ZONED DISTRICTS OF THE CITY;
PROVIDING FOR PENALTIES THEREOF
WHEREAS, it is necessary for the preservation of
public property, health and safety of the citizens of Aspen and
its visitors, and for the health, safety and well being of dogs,
to regulate, restrain and prohibit the running at large of dogs
within the City.
AND WHEREAS, following the Public Hearing of this
Ordinance prior to its second reading to provide for a more
well defined and complete Ordinance.
OF THE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
Chapter
are hereby repealed.
CITY OF ASPEN, COLORADO, THAT:
Section 1.
Subsections
3
(a), (b) and (c) of Section 4,
of Title VI of the Municipal Code of the City of Aspen
Section 2.
Subsection (a) of Section 4, Chapter 3 of
Title VI of the Municipal Code of the City of Aspen is hereby
amended to read as follows:
"It shall be unlawful for any owner,
possessor or person who keeps any dog to permit the
same to run at large within the Commercial, AR and
Park Zoned Districts of the City, or within one
hundred (100) yards of any public assembly, includ-
ing schools while in session, parades, athletic con-
tests, music festivals and similar public gatherings."
Section 3.
Subsection (b) of Section 4, Chapter 3 of
Title VI of the Municipal Code of the City of Aspen is hereby
amended to read as follows:
"It shall be unlawful for any owner,
possessor or person who keeps any dog to permit it
to run at large outside of the Commercial, AR and
Park Zoned Districts of the City unless said dog
is under the positive control of the owner, possessor
or keeper thereof. For the purposes of this section
a dog shall be deemed under such positive control when
said dog is accompanied by its owner, possessor, keep-
er or his agent or servant or a member of his immediate
family and within sight and hearing distance of said
person. A dog shall be deemed not under positive con-
trol when said dog inflicts damage or injury (by bit-
ing, jumping upon, or by any other means whatsoever)
to the person or property of anyone other than the
owner, except in the defense of the owner, his family
or property; or a female dog in heat which is not
securely confined in an enclosure capable of restrict-
ing entry by other dogs; or a dog tethered by leash,
chain or cord which blocks a public thoroughfare."
Section 4.
Subsection (c) of Section 4, Chapter 3 of
Title VI of the Municipal Code of the City of Aspen is hereby amend-
ed to read as follows:
"A dog shall be deemed to be running at
large when off or away from the premises of the owner,
possessor or keeper thereof and not under the direct
control of the owner, possessor, keeper or his agent
or servant or a member of his immediate family either
by leash, cord, chain, no longer than ten (10) feet in
length and of sufficient strength to completely restrain
the dog, or within a vehicle or other confinement°"
Section 5.
If any provision of this Ordinance or the
application thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provisions
or application and to this end the provisions of this Ordinance are
declared to be severable.
Section 6.
Any person convicted of violating any pro-
vision of this Ordinance shall, upon conviction, be fined in an amount
not to exceed THREE HUNDRED and 00/100 ($300.00) DOLLARS, or by
imprisonment for not more than ninety (90) days or by both such fine
and imprisonment.
Section 7.
A public hearing on the Ordinance shall be
-2-
Council Chambers, City Hall, Aspen, Colorado.
P.M. in the City
INTRODUCED, READ AND ORDERED PUBLISHED as provided by
law by the City Council of the City of Aspen, Colorado on the ~z'
day of ~~ , 1971.
ATTEST:
~ CITY CLERK
MAYOR
day of
ATTEST:
FINALLY AMENDED, ADOPTED, PASSED AND APPROVED this __
CITY CLERK
-3-
amended
STATE OF COLORADO)
) ss CERTIFICATE
COUNTY OF PITKIN )
{_~jI, Lorraine Graves, City Clerk 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 Asoen on October 4 ,1~71__, and .ublish-
ed in the Aspen Times, a weekly newsoaoer of general ci'-cul-
ation, ~ublished in the City of Asoen, Colorado, in its
issue of October 7 , 1~7 1, and was finally
adopted and a.oroved at a regular meeting of the City
Council on November 8
as Ordinance No. 27 ,
orovided by law.
IN WITNESS ~EREOF,
the seal of said City of As.en,
~ay of November ~
,197 l~and ordered published, as
Series of 197 1~ of said City, as
I have hereunto set my hand and
Colorado, this 9th
1~)71 .
SEAL
~-"~Lorrazne Graves, Czty Clerk