HomeMy WebLinkAboutordinance.council.010-75RECORD OF PROCEEDINGS
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ORDINANCE mO. /O_
(Series of 1975)
AN ORDINANCE PROHIBITING THE SALE, POSSESSION TO SELL,
PURCHASE OR IMPORTATION OF ENDANGERED SPECIES OR PARTS
THEREOF; ESTABLISHING EXCEPTIONS THERETO; PROSCRIBING
SUCH ACTIVITIES AFTER JUNE 1, 1975; kND PROVIDING THAT
ON VIOLATION OF THIS ORDINANCE THERE MAY BE IMPOSED A
FINE NOT EXCEEDING THREE HUNDRED ($300.00) DOLLARS OR
IMPRISONMENT FOR A PERIOD OF NOT MORE THAN NINETY (90)
DAYS OR BOTH SUCH FINE AND IMPRISONMENT
WHEREAS, many species of animals, reptiles and
birds are on the verge of extinction, and a major factor
in the threatened extinction of many species is the market
value of their pelts, hides, skins, feathers and other pro-
ducts, and
WHEREAS, prohibitions against commercial hunting and
trapping of these endangered species have proven to be not
totally effective and it is the conclusion of this Council
that it is necessary to protect certain species of animals
by preventing the marketing of their products,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
~hat the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding Section 13-99, %~hich said section
reads as follows:
"Sec. 13-99. Endangered species, possession to sell
purchase, and sale prohibited
(1) No person shall buy, ?ossess with intent to
sell, sell, or offer for sale a native or foreign
species or subspecies of mammal, bird, amphibian
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or reptile, or the dead body or parts thereof,
which appears on the Endangered Species List
designated by the United States Secretary of
the Interior a~ published in the Code of Federal
Regulations pursuant to the Endangered Species
Act of 1969 (Public Law~ 135,91st Congress), as
it now exists or may hereinafter be amended.
(2) The office of the City Attorney shall
maintain a current edition of said Endangered
Species List and make the same available for
public inspection at all reasonable times.
(3) Section (1) shall not be construed to pre-
vent importation, possession, purchase or sale
of any species by any zoo, circus or museum of
natural history, institutes of learning (including
elementary and high schools) or local, state or
federal agencies, their employees and agents.
(4) Any product being offered ~r'sale, on or
after June 1, 1975, in violation of this
ordinance may be seized by the police officer
acting pursuant to the orders of the City Manager
and upon seizure and hearing which shall be prompt-
ly held before the City Manager or his duly author-
ized agent, may be destroyed or in appropriate
circumstances be disposed of through zoological,
educational or conservation institutions by
order of the City Manager."
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Section 2
Those individuals and businesses now possessing or
engaging in the sale of that prohibited by the foregoing
provisions shall be given until June 1, 1975, to divest
themselves of the prohibited articles.
Section 3
The violation of this ordinance shall be punished by
a fine not exceeding Three Hundred ($300.00) Dollars or
imprisonment for a period of not more than ninety (90) days
or both such fine and imprisonment at the discretion of the
Court. Each day any violation hereof shall continue shall
constitute a separate offense.
Section 4
If any provision of this ordinance or the application
thereof to any person or circumstance shall be found to be
invalid, such invalidity shall not a~ect any remaining portion
or application which can be given effect and to this end this
ordinance is declared to be severable.
Section 5
A public hearing on this ordinance shall be held on the
.~1 day of ~_~j, 1975, at 5 P.~.!-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, at its regular
meeting held
ATTEST:
Kathryn ~auter
City Clerk
t'~ , 1975.
' ~tacy~andley III, Mayor /
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FINALLY ADOPTED AND APPROVED ON ~% ~-~ ~
1975.
ATTEST:
S acy standley III, ~'rlayor,/
Kathryn~uter
City Clerk
STATE OF COLORADO )
' ) SS
COUNTY OF PITKIN )
CERTIFICATE
I,.Kathryn S.
do hereby certify
introduced, read in full, and passed on ~-~
reading at a regular meeting of the City Council of the
Aspen on ~-~ ~ z~ , 197~ , and publish-
City
of
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~z~ ~.~ , 197 5--, and was finally
and approved at a regular meeting of the City Council on-
~ ~X~ .~ , 197~--, and ordered published as
Ordinance No. /~ , Series of 197 3--, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
Hauter, City Clerk of Aspen, Colorado,
that the above and foregoing ordinance was
adopted
Kathryn S~Hauter, City Clerk