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HomeMy WebLinkAboutordinance.council.010-86 ORDINANCE NO. 10 (Series of 1986) AN ORDINANCE CODIFYING THE PROHIBITION OF THE USE OF LEG-HOLD ANIMAL TRAPS WITHIN THE CITY OF ASPEN, COLORADO, AS PRESCRIBED BY ORDINANCE NO. 60 (SERIES OF 1982). WHEREAS, in considering the adoption of Ordinance No. 60 (Series of 1982) the City Council made the following findings of fact, which it desires to hereby reaffirm: (a) The City of Aspen consists of densely populated resi- dential and commercial areas and said areas contain a substantial number of children and domestic pets, and (b) The use of certain types of "leg-hold" animals traps, snares, and pitfalls, particularly those traps that are spr ing operated and metal jawed and are known as "leg-hold", "steel-jaw- ed", "conibear" and "spring-line" traps, pose a clear danger to said children and domestic pets within the City of Aspen, and (c) There is no apparent public safety or economic justifi- cation for the use of "leg-hold" traps, and there are available types of animal traps that do not pose such a danger to children or domestic pets; and WHEREAS, in addi tion to the danger posed to children and domestic pets, the City Council does hereby find that the use of said traps is inhumane and cruel, causing extraordinary suffering and terror to the trapped animal. WHEREAS, the City Council desires to codify Ordinance No. 60 (Series of 1982) as Section 13-99 of the Municipal Code of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 13 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a Section 13-100, which section shall read as follows: "(a) It shall be and hereby is declared to be unlawful for any person, for the purpose of trapping, to place, set, maintain, or permit any 'keg-hold' animal trap or traps upon any property, public or private, within the City of Aspen. Leg-hold traps are those types of animal traps that are spring-o- perated and metal-jawed, and by certain their normal operation cause substantial injury or death to the trapped animals, which traps are known by certain names, among others, as 'leg-hold', 'steel- jawed', 'conibear' and 'spring-lined'. Nothing herein contained shall prohibit the otherwise lawful trapping of any animal by use of a 'box-type' animal trap. Box-type traps are those types of animal traps that by their normal operation are intended to capture the animals alive and unharmed, and are known by the names, among others, of 'cage trap', 'cage-door trap', or 'live trap'. Nothing herein contained shall prohibit the otherwise lawful possession or use of standard mouse and/or rat traps for the purpose of control- ling common mice and rates. Nothing herein contained shall prohibit the City Manager, in a time of danger to the public health, wel fare and safety caused by any animal disease, over-population, or other publ ic safety probl em, to authorize, by written permit, use of any animal trap on an emergency basis for the period of the emergency, by City police, City animal control officers, officers of the Colorado Division of Wildlife and Colorado Department of Agriculture or other persons authorized by such permit. (b) Except as to those traps permitted by the City Manager as provided in subparagraph (a) herein- above, City law enforcement officers, including police and animal control officers, are hereby authorized to immediately seize, take up, and hold for claim any unlawful 'leg-hold' traps within the City limits. Any trap so seized and not claimed by an owner within one hundred eighty (180) days after seizure, may be thereafter destroyed by the City with no compensation therefor payable to any claimant. Section 2 The penalty for violation of violation of Section 13-100, as set fourth in Section 1 of this ordinance, shall be the general penalty set forth in Section 1-8 of the Municipal Code, specific- ally punishment by fine not exceeding Three Hundred Dollars($300.00) or impr isonment for a per iod of not more than ninety (90) days or both such fine ad imprisonment to be imposed at the discretion of the court. Each day any violation shall continue shall consti- tute a separate offence. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 5 A public hearing on the ordinance shall be held on the ____~~___ day of ~ , 1986, in the - - City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as prOVid~y at by the City Council of the City of Aspen on the _/~ __ day of ~~ , 1986. ~;d,/~ William L. Stirling, Mayor ATTEST: , /1 / / ~)'-jf,/ /06 K~~;~ /~.L lo~~~ C~tY/Ci~~k~j>j FINALLY adopted, passed and approved this 02;/QtIJ day of ~ , 1986. ~~. William L. Stirling, Mayor ATTEST: // /:; hryLt L s'. :-~;c . >r:::~ 'ocL:r:;J J , City Clerk. lOB