HomeMy WebLinkAboutordinance.council.045-89ORDINANCE NO.
(Series of 1989)
AN ORDINANCE ENACTING SECTION 13-102 TO THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, PROHIBITING THE SALE OF IVORY AND IVORY
PRODUCTS AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF.
WHEREAS, it has been brought to the attention of the City
Council that the elephant is perilously close to extinction with
100,000 African elephants, out of a possible population of only
400,000, slaughtered annually by poachers to support the
consumption of ivory in nations such as the United States;
WHEREAS, efforts to protect African elephants in national
parks in Africa have proven unsuccessful with seventy-two percent
of the elephants in Kenyan national parks having been killed
since 1979;
WHEREAS, the African elephant is listed as a threatened
species under the Endangered Species Act (16 U.S.C. 1531, et
seq.) and under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES, Appendix II).
Since such designations the status of the elephant has greatly
deteriorated but efforts to list the African elephant as
endangered are, unfortunately, time consuming;
WHEREAS, pursuant to the African Elephant Conservation Act,
President Bush banned the import of ivory and ivory products into
the United States. However, such action does not prohibit the
sale of ivory or elephant products within the United States and
it is anticipated that such import bans will simply drive the
wholesale market underground continuing the slaughter of the
animals. Thus, certain African nations, such as Kenya, have
called for consuming nations, states and communities to prohibit
the purchase and sale of ivory to eliminate the market for the
illegally acquired and imported ivory;
WHEREAS, there is no apparent public health, safety, or
economic justification for the sale of ivory or ivory products
and the continuation of the ability to sell and purchase ivory
and ivory products will continue to endanger African elephants
and will endanger or threaten other ivory producing species such
as Indian elephants, walruses, and narwhals;
WHEREAS, the City Council hereby finds that the trade in
ivory and ivory products promotes the wanton destruction of
elephants and other ivory producing species and, therefore, deems
it to be in the best interest of the City and its residents and
visitors to prohibit the sale of ivory and other ivory products.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 102, which
section shall read as follows:
"Section 13-102. Prohibition against the sale of ivory.
(a) As used in the Section 13-102, the following
words and phrases shall have the following
meanings:
(1) The term 'ivory' means any tusk or
piece of tusk, the surface of
which, polished or unpolished, is
unaltered or minimally carved.
(2) The term 'ivory product' means any
article, artifact, work of art, or
other item made in whole or in part
of ivory.
(b) It shall be unlawful for a person to
knowingly, at any time, take, sell, purchase
or barter or offer to sell, purchase or
barter ivory or an ivory product.
(c) Any ivory or ivory product offered for sale
in violation of this section shall be subject
to seizure and disposition in accordance with
an appropriate order of a court of competent
jurisdiction. At the direction of the City
Manager, the City Attorney is hereby
authorized to institute seizure, injunctive,
abatement or other appropriate action to
prevent, enjoin, or abate such violation or
seize and destroy any item offered for sale
in violation of this section.
(d) This section shall not prohibit the sale of
ivory or ivory products by an individual not
normally engaged in the sale of such items,
if originally possessed by the seller for his
or her own use and so used by the seller
prior to the effective date of this section.
(e) A violation of this Section 13-102 shall be
punishable by a fine not exceeding $300.00
and imprisonment in the county jail for a
period of not greater than thirty (30) days,
or both.
Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 3
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 ordinances.
1989.
Section 4
The effective date of this ordinance shall be October 10,
Section 5
A public hearing on the ordinance shall be held on the
day of , 1989, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 1989.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
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William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk