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HomeMy WebLinkAboutordinance.council.025-67RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~~ Series of 1967 ~ ORDINANCE AMENDING CHAPTER 3, TITLE VI, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO THE REGULATION, CONTROL, VACCINATION, AND LICENSING OF DOGS AND DOG KENNELS, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: The index to Chapter 3, Title VI of the official Code of the City of Aspen, Colorado, is hereby amended to read as follows: SECTION 6-3-1: 6-3-2: 6-3-3: 6-3-4: 6-3-5: 6-3-6: 6-3-7: 6-3-8: 6-3-9: 6-3-10: 6-3-11: 6-3-12: 6-3-13: 6- 3-14: 6-3-15: 6-3-16: 6-3-17: 6-3-18: 6-3-19: 6-3-20: 6-3-21' 6-3-22: 6-3-23: CHAPTER 3 DOGS SUBJECT Common Name; Definitions License and Registration Required Tag and Collar Dogs Not to Run at Large Impounding Notice to Owner and Redemption Disposition of Unclaimed or Infected Dogs Confinement of Certain Dogs Muzzling Rabies; Notice Annual Vaccination of Dogs Required Finance Department to Prepare Certificates Duty of Persons Performing Vaccination Tag to be Attached to Dog and Certificate Retained by Owner Registration; Period of validity for Certification and Tag Vaccination without Cost at Dis- cretion of the chief of Police Release of Impounded Dogs Imported Dogs Unlawful Possession of Tags and Certificates Failure of Owner to Have Dog In- noculated and Registered Kennel License Poisoning of Dogs Penalty N°. 100 Leaves RECORD OF PROCEEDINGS Sec____tio~ 2: Section 6-3-1 of the ordinances of the city of Aspen is hereby amended to read as follows: cOMMON NAME;DEFINITIONS: '~6-3-1 This Chapter shall be known as the "Dog Control Code of the City of Aspen, Colorado", and in this Chapter the following definitions shall control: For the purposes of this Chapter ,,Vaccination", -innoculatlon or Vaccination for rabies" shall mean the innoculation of a dog with vaccine approved by the State Department of public Health for use in the prevention of rabies. DOG: Any animal of the canine species, regardless of sex. oWNER: Any person or persons, firm, association, or corporation owning, keeping or harboring a dog. DOG, MALE: Any dog of masculine gender, either castrated or not castrated. DOG, SP.AYED FEMALE: Any female dog on which an ovarectomy or ovarohysterectomy has been per- formed by a licensed veterinarian. DOG, FEMALE: Any dog of the female gender on which no alternative surgery of the genital organS has been performed. DOG, sTRAY: Any unlicensed or licensed dog found unattached or loose anywhere within the city limits." Section 3: Section 6-3-2 of the ordinanceS of the City of Aspen is hereby amended to read as follows: LICENSE AND REGISTRATION REQUIRED: "6- 3-2 No dog over the age of six . bored or maintained within the City m6nths shall be ~ept, ~ar ~ owner, keeper or person i5 cha~ge of Aspen, Coloraa?, ~n~S~e~e t~e first day of March o~ each of any such anlmaz .... ~=~ ~eoartment of the City a and every year pay ~o u~ r~ ....... ~ male or spayed female license tax of $3.50 for each and every and $7.50 for each and every unspayed female dog owned, kept or harbored. The owner, keeper or person in charge of any dog over the age of six months brought into the City of Aspen after the first day of March of any year shall procure a license within ten days as herein provided. The owner shall state at the time application is made for such license and upon printed forms provided for such purpose, his name and address and the breed, color, and sex of each dog to be licensed. The provision of this section shall not be intended to apply to dogs whose owners are non~residents temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor to "seeing-eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. -2- N.o 100 L.e~ves RECORD OF PROCEEDINGS Section ~: Section 6-3-3 of the ordinances of the City of Aspen are hereby amended to read as follows: TAG AND COLLAR: Upon payment of the license fee 6-3-2 hereof, the Finance Department as provided in Section ~.each = shall issue to the owner, keeper or person in charge o dog, a receipt for the p~yment and a tag for each Gog £1censeu. The receipt shall contain the number of the license as shown wner shall be required to provide each dog on the tag. Every o .... which the license tag owned by him with a durable co££ar uu must be affixed, and shall see that the collar and tag are con- stantly worn. In case a dog licensing tag is lost, destroyed or mutilated, a duplicate will be issued by the Finance De- partment upon the presentation of the receipt showing the payment of the licensing fee for the current year and upon payment of a fee of twenty-five centS for each duplicate. 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 of the owner'S leaving the City before the expiration of the licensing period." Section 5: The Section 6-3-4 of the ordinances of the City of Aspen is hereby amended to read as follows: DOGS NOT TO RUN AT LARGE AND "6-3-4 LEASH CONTROL: (a) No dog shall be allowed to run at large in the City of Aspen, outside of the C-1 and C-2 Commercial District, unlesS said dog is under the reason- able control of the owner. For the purpose of this Chapter, dog shall be deemed under such reasonable control when said a . · e or some member of the owner'S dog is accom~l~mbeYe~o~eWne ~ agent of the owner. family, or w~ (b) For the purpose of this Chapter a dog shall be deemed not under reasonable control when: (1) said dog inflicts damage or injury (by biting, 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. (2) In the case of any unspayed female dog not securely confined in the owner'S yard, pen, or other enclosure. (c) within the C-1 and C-2 Commercial Districts of the City of Aspe~ it is required that r ossessor, keeper or agent o~ servant or a member every owne ,.P. ~ .. ~ an~, do~ over the age of three months of his immediate iaml±y u~ ~ ~ . ~ cord, chain shall keep such dog under control e~ther by leasn, or within a vehicle or other confinement- --3-- · N? 72 RECORD OF PROCEEDINGS 100 Leaves Section 6: Section 6-3-8 of the ordinances of the City of Aspen is hereby amended to read as follows: CONFINEMENT OF CERTAIN DOGS: "6-3-8 The poundmaster shall not release any fierce, dangerous or vicious dog unless suitable provisions are made for him by his owner to protect the public against these propensities, and no female dog in-heat shall be released facilities for caring for and confining unless the owner haSent that any dog with fierce, dangerous~ such dog. In the ~. ~- ~ .... d to be running at large a~. or vicious propensities, l~ ~ unded such dog may be sialn el taken up an~ impo , · ,, annot be caf y =--~- ~ .... ized for this purpose. c ~' - .... r any hereon uu~ ~t by the pollc~[t~ ~ ~ ~ Section 7: Section 6-3-12 of the ordinances of the City of Aspen is hereby amended as follows: FINANCE DEPARTMENT TO pREpARE "6-3-12 CERTIFICATES: The Finance Department shall ' ' es in triplicate form, together ~th.co~res- prepare cert~flca~ ....... ~ to ~erson lega£Iy autnor~zeu, nd'n tags for ~ls%rl~u~u.. . ~r ~.~ ~ ~ ~he Finance po 1 g _ ~=~ ~l~win~ ln~ormaLlu~ ~' ..... with spaces zor ~n~ ~ = Department may require, other information to be filled in by persons legally authorized to vaccinate. (a) The name and address of the owner or harborer of the innoculated dog. (b) The date of the innoculation. (c) The year and series number of the dog tag. The tag shall be made of durable material suitable to be attached to the collar or harness of the innoculated dog. Such tag shall state the year for which issued and the series number of the certificate and tag. Such certificates shall be prepared and distributed without charge by the Finance Department of the City of Aspen." Section 8: Section 6-3-13 of the ordinances of the City of Aspen is hereby amended to read as follows: DUTY OF pERSONS PERFORMING "6-3-13 VACCINATION: It shall be the duty of each person legally authorized to perform vaccinations on dogs latin~ any dog to fill out one triplicate certi- when innocu ~ , ...... ~ .... ~ ent with t~e infor- ficate obtained from tne ~lnanu~ ~=~m marion required by Section 6-3-12 hereof and immediately present one triplicate copy to the owner or harborer of the innoculated dog, and to mail one triplicate copy to the office of the Finance Department within five (5) days from the date of the innoculation. The remaining triplicate copy of the certificate shall be retained by the person performing the vac- cination. At the time of the innoculation of any dolg, the person performing the vaccination shall also deliver to the owner or harborer of said dog the certificate obtained from the Finance Department as evidence of such innoculation-" N? 73 RECORD OF PROCEEDINGS 100 Leaves Section 9: Section 6-3-14 of the ordinances of the City of Aspen is hereby amended to read as follows: TAG TO BE ATTACHED TO DOG AND "6-3-14 CERTIFICATE RETAINED BY OWNER: Every owner or harborer of a dog shall attach the tag evidencing innoculation with anti- rabid vaccine to the collar or harness of the innoculated dog and such collar or harness shall be worn by said dog at all times. The copy of the certificate shall be retained by the owner or harborer of the innoculated dog for inspection by the authorized representatives of the City." Section 10: Section 6-3-15 of the ordinances of the City of Aspen is hereby amended as follows: REGISTRATION; PERIOD OF VALIDITY "6-3-15 FOR CERTIFICATION AND TAG: The Finance Department shall file and register copies of such triplicate certificates received as provided in Section 6-3-13 and retain and file the same as the official registry of all dogs innoculated with anti-rabid vaccine for the City of Aspen Such vacci- nation-registration shall be valid for the period of the current calendar year and Juanary and February of the follow- e eriod of January 1 to February 28 of each ing year. For th p . · _~= ation from the previous calendar year the vaccination ~tr year and the current calendar year shall both be valid." Section 11: Section 6-3-17 of the OrdinanceS of the City of Aspen is hereby amended to read as follows: RELEASE OF iMPOUNDED DOGS: "6-3-17 It is the duty of the City of Aspen to release any dog from the Dog Pound of the City of Aspen upon receipt of satisfactory proof of ownership thereof, upon payment of any fee due the City of Aspen, and upon presen- tation of proof of vaccination for rabies and proper registration of said dog in accordance with the provisions of this Chapter." Section 12: Section 6-3-18 of the ordinances of the City of Aspen is hereby amended to read as follows: IMPORTED DOGS: "6-3-18 All dogs which are brought into the City of Aspen shall be in compliance with the laws and rules of the animal and shall have been vaccinated not less than thirty (30) days, nor more than twelve (12) months prior to importation. The tag denoting vaccination shall be firmly affixed to the collar or harness of the dog, and shall be evi- dence of compliance with this section. -5- N°. 100 Lea~es RECORD OF PROCEEDINGS If said imported dog remains in Aspen more than thirty ~30) days, said dog shall be registered in accordance with the provisions of this Chapter. 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- registration tag of the City of Aspen, and a transfer fee of $1.00 imposed thereon, for a male or spayed female and $3.00 for an unspayed female." O ficial Code of the City of Aspen Section 1~. The.? ~ ~ e numbered 6-3-21, is here~y amende~ by a~lng a secL~u~, _ b which section shall read as follows: KENNEL LICENSE: ,,6-3-21 Any person who shall keep or of the individual license operate a kennel, may, in lieu make application to the Finance required under this ordinance, Department or his authorized agent for a kennel license entitling the applicant to keep or operate a kennel. Such kennel license shall be issued by the Finance Department or his authorized agent upon a proper form and shall entitle the licensee to keep any number of dogs up to and not to exceed the number specified in such license. The fee to be paid for each kennel license shall be Ten Dollars for ten dogs or less, and One Dollar for each dog in exceSs of ten. Provided that a penalty of Five Dollars shall be charged for a kennel license applied for after the first day of March in the year for which the license is issued for a kennel established before the last day mentioned. with such kennel license the Finance Department or his authorized agent shall issue a number of metal plateS or tagS, equal to the number of dogs authorized, by the license, such tags to be · herein. Provided that the provisions the same as those provided· -~:~ the taking of dogs, having of this ordinance shall not prun~ a kennel license outside the limits of the kennel temporarily and on leash nor shall they prohibit the transporting in conveyances of dogs temporarily for the purpose of breeding, trial, or show." Section 14: The official Code of the City of Aspen, is hereby amended by adding a section, to be numbered 6-3-22, which section shall read as follows: CRUELTY TO DOGS: ,,6-3-22 It shall be unlawful for any person to poison any dog or dogs or to distribute poison in any manner whatsoever with the intent or for the purpose or poisoning any dog or dogs within the City of Aspen, Colorado." Section 15: The official Code of the City of Aspen, is hereby amended by adding a section, to be numbered 6-3-23, which section shall read as follows: pENALTY: "6-3-23 Any person who shall violate any of the provisions of this ordinance may upon conviction, be subject to a fine in a sum of not more than Three Hundred Dollars and imprisoned for not more than ninety days." -6- N°. 53 RECORD OF PROCEEDINGS 100 Leaves Section 16: Because of the matters and things hereinabove set forth, the City Council of the City of Aspen, Colorado hereby finds, determines and declares that an emer- gency exists, and that this ordinance is necessary for the immediate preservation of the public peace, health, and safety. iNTRODUCED, READ, AND ORDERED PUBLISHED THIS ~ DAY OF~~~., 1967. Mayor ATTEST: 6-~-~ ty Clerk FINALLY ADOPTED AND APPROVED THIS ATTEST: DAY OF Mayor No. -7- STATE OF COLORADO ) ) ss COUNTY DF PITKIN ) CERTIFICAT~ I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on ~irst reading at a regular meeting of the City Council of the City of Aspen on November 6 ,196 7, and publish- ed in the fspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of November 9 ,1962--, and was finally adopted and approved at a regular meeting of the City Council on November 20 Ordinance No. 25 provided by law. ,196 7, and ordered published as ..., Series 196 7 , of said City, as IN WITNESS WHEREOF, the seal of said City of Aspen, Colorado, this .aay of Nov~em_ber , 196 7 I have hereunto set my hand and