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HomeMy WebLinkAboutordinance.council.029-71RECORD OF PROCEEDINGS O DINANCE NO. (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 THE COMMERCIAL, AR AND PARK ZONED DISTRICTS OF THE CITY, AND FURTHER REQUIRING DOGS TO BE UNDER REASONABLE CONTROL OUTSIDE 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 to regulate, restrain and prohibit the running at large of dogs within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Subsections (a), (b) and (c) of Section 4, Chapter 3 of Title VI of the Municipal Code of the City of Aspen are hereby repealed. Section 2. Subsection (a) of Section 4, Chapter 3 Title VI of the Municipal Code of the City of Aspen is hereby amended to read as follows: of "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." 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 reasonable control of the owner, possessor or keeper thereof. For the purposes of RECORD OF PROCEEDINGS 1 O0 Leaves this section a dog shall be deemed under such reasonable control when said dog is accompanied by its owner, possessor, keeper or his agent or servant or a member of his immediate family. A dog shall be deemed not under reasonable control when said dog inflicts damage or injury (by bit- ing, jumping upon, or by any other means whatso- ever) 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 the owner's yard, pen or other enclosure." Section 4. Section Title VI of the Municipal Code amended to read as follows: (c) of Section 4, Chapter 3 of of the City of Aspen is hereby "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 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 provision 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. be held at public hearing on the Ordinance shall /~ /~?/ at ~..~,'~-¢ P.M. in the RECORD OF PROCEEDINGS 1 O0 Leaves City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado on the ~/ day of ~.~ , 1971. ATTEST: MAYOR of FINALLY ADOPTED, PASSED AND APPROVED this , 1971. day ATTEST: MAYOR CITY CLERK