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HomeMy WebLinkAboutordinance.council.070-89 ORDINANCE NO. 70 (Series of 1989) AN ORDINANCE ~IENDING SECTION 13-101 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, PROHIBITING THE SALE OF FURS AND PRE- SCRIBING A PENALTY FOR THE VIOLATION THEREOF WHEREAS, the City of Aspen has previously shown its concern for the cruelty and dangers of the leg hold trap by the adoption of Ordinance 10 of 1986, which prohibits the use of the leg hold trap, and Ordinance 56 of 1986, which prohibits the sale of furs caught in leg hold traps, and WHEREAS, it has become clear that retailers cannot know with any assurance the source of the furs offered for retail sale, and WHEREAS, the only commercial alternative to the use of animals caught in a leg. hold trap is the use of ranched fur animals, and WHEREAS, it has come to the attention of the City council that ranched fur animals risk not only cruelty in the means by which they are put to death, but cruel, unnatural and unregulated conditions during a lifetime in a cage, and WHEREAS, the City does not seek to interfere with or prohibit the sale of the leather from domesticated animals, and WHEREAS, the City Council finds that the only remedy avail- able to assure that the City of Aspen is not a participant in the cruel raising or killing of wildlife is to prohibit the sale of all fur products. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 13, Section 13-101, of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "Section 13-101. Prohibition Against the Sale of Furs. (a) As used in this Section, the following words and phrases shall have the following meanings: (1) The term "fur" means any animal skin or part thereof with hair, fleece or fur fibers attached thereto, either in its raw or processed state. (2) The term "animal" shall include all species of wildlife, including but not limited to beaver, coyote, fox, mink, muskrat, rabbit, racoon, wolf and any member of the cat family. The term animal shall not include domestically raised cattle, sheep or goats. (3) The term "fur product" means any article of ~earing apparel, including but not limited to coats, capes, hats, shoes, boots and clothing made in whole or part of fur. (4) The term "person" means any individual, partnership, association, corporation or other commercial or not for profit orga- nization. (b) It is unlawful for any person to knowingly buy, sell, barter, offer to buy, sell or barter, transport into the City, or possess for purposes of commercial selling or bartering, any fur or fur product physically within the City. It is unlawful to display a fur or fur product in a commercial establishment. (c) The following actions shall not constitute a violation of this ordinance: (1) The possession and wearing of a fur product by an individual. (2) The buying or selling of a fur product between individuals so long as neither party deals in the sale of fur products on a commercial basis. (3) The donation of a fur product from any individual to any individual unless the donor deals in the sale of commercial fur products. (d) The provisions of paragraph (b) shall not apply if the fur product was obtained prior to the adoption of this ordinance, physically present in the City at the time of the adoption of this ordinance and if it is appropriately identified and shown on an inventory list filed by the owner with the City Manager within 10 days of the adoption of this ordinance. However, this exception shall expire one year after the adoption of the ordinance. (e) A violation of this ordinance, Section 13-101, shall be punishable by a fine not to exceed $300 or imprisonment for a period not to exceed 90 days. Each fur or fur product involved shall constitute a separate offense. 13/SD1 -2- (f) Any fur product which is part of an illegal activity described in paragraph (b) shall be subject to seizure and disposition in accordance with an appropri- ate order of a court of competent jurisdiction. Such disposition may include the destruction of properly seized fur products. At the direction of the City Manager, the City Attorney is hereby authorized to institute seizure, injunctive, abatement or other appropriate legal actions to prevent, enjoin or abate any violation of this ordinance. Section 2 If any section, subsection, sentence, clause or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding 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. 13/SD1 --3- TO: Mayor & City Council THRU: Robert S. Anderson, Jr., City Manager~ THRU: Bill Efting, Agency Director ~ FROM: Dallas D. Everhart, Finance Department ~ DATE: December 7, 1989 RE: Appropriation Ordinance No. ~/ , Series of 1989. SUMMARY: Staff recommends approval of this appropriation ordinance. You reviewed and approved these items during the December 7th budget meeting. COUNCIL GOALS: Appropriation Ordinances are required to amend the budget and are not directly related to the Council Goals but are required administrative procedures. BACKGROUND and PREVIOUS COUNCIL ACTION: During the 1990 budget hearings the City Council reviewed and approved a request from the Personnel Director to make a bonus payment of $775 to all full time employees in 1989. On December 7th the City Council approved processing a payment of $500 to each full time employee with $40 to be withheld to apply towards taxes on the bonus. This ordinance has been amended since first reading to correct the amount to $540 per employee. All full time employees and current seasonal employees working full time are included in this program. The City Manager has reviewed and approved the list of employees eligible for this bonus program. The Finance department plans to distribute the checks on December 15th. The total expense for the program will be $70,200. Per the instructions of the City Council this ordinance reduces the City Council contingency fund $36,000 to off set the expense of the bonus program resulting in a net increase to the 1989 budget of $34,200. RECOMMENDATION: We recommend approval of this appropriation ordinance. PROPOSED MOTION: The proper motions on first reading would be: 1. "I' move to read Ordinance No.___, Series of 1989." 2. "I move to adopt Ordinance No.___, Series of 1989 on first reading." The proper motion on second reading would be: 1. "I move to adopt Ordinance No.___, Series of 1989. CITY MANAGER RECOMMENDATIONS: