Loading...
HomeMy WebLinkAboutordinance.council.012-65ORDINANCE NO. (Series of 1965) AN ORDINANCE PROVIDING FOR THE VACCINATION AND LICENSING OF DOGS~ FOR TH~ IMPOUNDING AND DISPOSITION OF UNLICENSED DOGS; FOR THE REPEAL OF PRIOR ORDINANCES ON THE SA/~ SUBJECT MATTER; AND DECLARING AN E~RGENCY TO EXIST. Colorado: BE IT ORDAINED by the City Council of the City of Aspen, Section 1: That Ordinance No. 1, Series of 1962, and Sections 6-3-1 though 6-3-20, both inclusive, of Chapter 3, Title VI, of the Official Code of Aspen,Colorado, and all other ordinances relating to the subject of dogs in the City of Aspen, Colorado, are hereby repealed. Section 2:6-3-1 - This ordinance shall be known as the "Dog Control Ordinance of theCity of Aspen, Colorado:, and in this ordinance the following definitions shall control: For the purposes of this Chapter "Vaccination", "innoculation" of "vaccination for rabies" shall mean the innoculation of a dog with a 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. AT LARGE: Off the premises of the owner and not under the immediate control of the owner or a member of his immediate family. Section 3: 6-3-2 - LICENSE AND REGISTRATION REQUIRED: That no dog over the age of six months shall be kept, harbored or maintained within the City of Aspen, Colorado, unless the owner, keeper or person in charge of any such animal shall before the first day of March of each and every year pay to the Chief of Police a license tax of $3.50 for each and every male or spayed female 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 name, 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 purposes 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. Section 4: 6-3-3 TAG AND COLLAR: Upon payment of the license fee as provided in Section 2 hereof, the Chief of Police shall issue to the owner, keeper or person in charge of each dog, a receipt for the payment and a tag for each dog so licensed. The receipt shall contain the number of the license as shown on the tag. Every owner shall be required to provide each dog owned by him with s durable collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog licensing tag is lost, destroyed or mutilated, a duplicate will be issued by the Chief of Police 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 or the owner's leaving the city before the expiration of the licensing period. Section 5: 6-3-4 DOGS NOT TO RUN AT LARGg: (a) No dog shall be allowed to run at large in the City of Aspen unless said dog is under the reasonable control of the owner. For the purpose of this Ordinance, a dog shall be deemed under such reasonable control when said dog is accompanied by its owner, or, some member of the owner's family, or with some employee or agent of the owner. (b) For the purpose of this Ordinance 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. Section 6: 6-3-5 IMPOUNDING: It shall be the duty of every police officer or every person duly deputized for that purpose, to apprehend any dog found running at large contrary to the provisions of Section 6-3-4, and to impound such dog in a suitable dog pound to be provided by the City. The person in charge of said pound, (herein referred to as the Poundmaster) upon receiving said dog, shall make a complete registry of such dog upon a book by him kept for such purposes, entering the breed, color and sex of such dog, and whether licensed. If licensed, he shall enter the name and address of the owner, the number of the licensing tag. Section 7: 6-3-6 NOTICE TO OWNER AND REDEMPTION: Upon any dog so impounded, it shall be the duty of the dog catcher 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, Aspen, Colorado, the Pitkin County Courthouse and at the pound, a notice containing a description of said dog, or dogs and when and where caught. Charge of $3.00 is hereby made for the impounding of any dog. An additional charge of $3.00 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 maintaining the dog, and until the dog has been licensed in accordance with this ordinance. Section 8: 6-3-7 DISPOSITION OF UNCLAI~D OR INFECTED DOGS: It shall be the duty of the poundmaster to keep all dogs so impounded for a period of five days after the owner, if known, has been notified as herein provided, or for a period of five days after the date of posting in the event that the owner is unknown. If at the expiration of such time the dog shall not have been redeemed, it may be destroyed or otherwise disposed of, at the discretion of the poundmaster~ however, said poundmaster shall not release the dog so impounded except on payment of the fees and charges as herein provided, as well as the regular licensing fee. Section 9: 6-3-8 CONFINE~NT OF CERTAIN DOGS: No dog of fierce, dangerous or vicious propensities and no female dog in heat, whether licensed or not, shall be allowed to run at large or upon the premises of one other than the owner. If any such dog is found running at large in violation of this provision, it shall be taken up and impounded and shall not be released except upon the approval of the poundmaster after payment of the fees provided in Section 6-3-6; provided however, that 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 propensitites, and no female dog in heat shall be released unless the owner has facilities for caring for and confining such dog. In the event that any dog with fierce, dangerous or vicious propensities is found to be running at large and cannot be safely taken up and impounded, such dog may be slain by the policeman or any person duly deputized for this purpose. Section 10: 6-3-9 MUZZLING: Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the Mayor, if he deems it necessary, may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises, unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless it be noticeable infected with rabies and displaying vicious propensitites in which event it shall be killed by the city police or by any person duly deputized for this purpose, without notice to the owner. Dogs impounded during the period of such proclamation shall be dealth with as herein provided for dogs running at large without licenses. Section 11: 6-3-10 RABIES; NOTICE: If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of at least two weeks. The owner shall notify the poundmaster of the fact that this dog has been exposed to rabies, and at the discretion of the poundmaster he is hereby empowered to have the dog removed from the owners premises to a veterinarian hospital and there placed under observation for a period of at least two weeks at the expense of the owner. Every owner or other person who suspects or has ascertained that a dog is rabid shall immediately notify the poundmaster or city police, who shall either remove the dog to the pound or stumnarily destroy it. Section 12: 6-3-11 ANNUAL VACCINATION OF DOGS REQUIRED: It shall be the duty of every person who owns or harbors any dog or dogs in the City of Aspen to have such dog or dogs innoculated by a person legally authorized to do so. Such vaccination shall be performed during the months of January and February for the current calendar yearl provided however, that persons who acquire any dog or dogs between March I and December 31 shall immediately following such acquisition have such dog or dogs so innoculated for the remaining portion of that calendar year. Section 13: 6-3-12 CHIEF OF POLICE TO PREPARE CERTIFICATES: The Chief of Police shall prepare certificates in triplicate form, together with corresponding tags for distribution to person legally authorized with spaces for the following information and as the Chief of Police 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; (d) The breed, age, color, and sex of the innoculated dog. 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 Chief of Police to persons authorized to vaccinate dogs. Section 14: 6-3-13 DUTY OF PERSONS PERFORMING VACCINATION: It shall be the duty of each person legally authorized to perform vaccinations on dogs when innoculating any dog to fill out one triplicate certificate obtained from the Chief of Police with the information 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 Chief of Police 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 vaccination. At the time of the innoculation of any dog, the person performing the vaccination shall also deliver to the owner or harborer of said dog the certificate obtained from the Chief of Police as evidence of such innoculation. Section 15: 6-3-14: TAG TO BE ATTACHED TO DOG AND 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 Chief of Police. Section 16: 6-3-15: REGISTRATION: PERIOD OF VALIDITY FOR CERTIFICATION AND TAG: The Chief of Police 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 vaccination-registration shall be valid for the period of the current calendar year and January and February of the following year. For the period of January 1 to February 28 of each calendar year, the vaccination-registration from the previous year and the current calendar year shall both be valid. Section 17: 6-3-16: VACCINATION WITHOUT COST AT DISCRETION OF THE CHIEF OF POLICE: The Chief of Police shall at his discretion provide for the vaccination of any dog or dogs without cost to the owner or harborer thereof in hardship cases and in such instances that vaccination service is not available elsewhere for a reasonable fee. Section 18: 6-3-17: RELEASE OF IMPOUNDED DOGS: It is the duty of the Chief of Police or his authorized representative 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 fees due the City of Aspen, and upon presentation of proof of vaccination for rabies and proper registration of said dog in accordance with the provisions of this Ordinance. Section 19: 6-3-18: IMPORTED DOGS: All dogs which are brought into the City of Aspen shall be in compliance with the laws and rules and regulations of the State of Colorado regarding the handling 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 evidence of compliance with this section. 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 certificate 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. Section 20: 6-3-19: UNLAWFUL POSSESSION OF TAGS AND CERTIFICATES: Only those persons who own or harbor a dog duly vaccinated in accordance with the provisions of this article shall be permitted to possess the certificates and tags provided hereto the collar or harness of any dog except the tag issued for that dog at the time of vaccination. Section 21: 6-3-20: FAILURE OF OWNER TO HAV~ DOG IN~NOCULATED AND P. gGISTERED: It shall be unlawful for any person to own or harbor any dog or dogs in the City of Aspen that have not been innoculated and registered as provided in this Chapter. Section 22: The City Council of the City of Aspen, Colorado, hereby finds, determines and declares that an emergency exists, and that this ordinance is necessary for the immediate preservation of public peace, health and safety. INTRODUCED, ~ AND ORDERED published this J~day of August, 1965. ~ayor ATTEST: City Clerk ~ ' ~ - Finally adopted and approved this . 7 day of ~a~,~,~, 1965. ~ Mayor STATE OF COLORADO) SS, COUNTY OF PITKIN ) Council on Ordinance No, lev, I, Dorothy Hoffmann City Clerk of the City of Aspen, Colorado, do hereby certi/~y that the above and fore- going ordinance was introduced, read in full and passed first reading at a regular meeting of the City Council of the City of Aspen. Colorado, on the 16 day of August , 1965, and published in the Aspen times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado. in its issue of August 20 , 196 $ and was finally adopted and approved at a regular meeting of the City September 7 , 1965, and ordered published as 12 , Series of 1965 , of said City as provided by IN ~TNESS WHEREOF, I have hereunto set my hand and seal of sai~City of Aspa~ Colorado, this 8th day of September , 196~