HomeMy WebLinkAboutordinance.council.077-76RECORD OF PROCEEDINGS
100 Leaves
ORDINANCE NO. 77
(Series of 1976)
AN ORDINANCE AMENDING THE DOG CONTROL CODE OF
THE CITY OF ASPEN BY THE ADDITION OF SECTION 5-69
THERETO; WHICH SAID SECTION RAISES THE PRESUMPTION
THAT THE OWNER OF A DOG IS RESPONSIBLE FOR ITS
RUNNING AT LARGE IN VIOLATION OF VARIOUS SECTIONS
OF SAID DOG CONTROL CODE
WHEREAS, the Aspen City Council is of the opinion
that the sections of the Dog Control Code can be more effectively,
and still fairly, enforced by establishing a rebuttable pre-
sumption that an owner of a dog is responsible for its running
at large,
NOW, THEREFORE,
OF THE CITY OF ASPEN,
Section 1
BE IT ORDAINED BY THE CITY COUNCIL
COLORADO:
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding a section which said section
reads as follows:
Sec. 5-69 Presumption
In any prosecution charging a violation of any
provision of the Dog Control Code concerning
the running at large of dogs within the City,
proof that the particular dog described in the
Complaint was running at large, together wi%h
proof that the defendant named in the Complaint
was at the time the dog was running at large the
owner (or keeper) of the dog as shown on the
registration form required by Section 5-28(c)
hereof, shall constitute in evidence a prima facie
presumption that the registrered owner (or keeper)
of the dog was the person who permitted the dog
to run at large.
RECORD OF PROCEEDINGS
100 Leaves
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 3
A public hearing on the
ordinance shall be held on
, 1976, at 5:00 P.M. 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, colorado,
at its regular meeting held at the City of Aspen on the
day of
SMtaQ~tand le~ /
ATTEST:
Kathryn S~ 'Hauter
City Clerk
FINALLY adopted, passed and approved on the /~
of ~~ ,/1976. ~J~
~tacy ~andley III /
Mayor /
ATTEST .~ /
day
City Clerk
-2-
RECORD OF PROCEEDINGS
100 Leaves
STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss. CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
~. reading at a regular meeting of the
City Council of the City of Aspen on ~ ~
197~_, and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~ ~Z43 ~' , 197~_~,
and was finally adopted and approved at a regular meeting
of the City Council on ~ /3 , 197~__,
and ordered published as Ordinance No. ~-~ , Series of
197
and the
day of
, of said City, as provided by law.
IN WITNESS WHEP~OF, I have hereunto set my hand
seal of said City of Aspen, Colorado, this /~ ~
,
Kat~yn S. Hauter
City Clerk