HomeMy WebLinkAboutordinance.council.010-74RECORD OF PROCEEDINGS
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ORDINANCE NO. /~
(Series of 1974)
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, 1974; AND PROVIDING PENAL-
TIES FOR VIOLATIONS HEREOF AND PROCEDURES FOR DISPOSAL
OF PRODUCTS OR ANIMALS ON VIOLATION.
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 products, 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.
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding section 13-43 which said section
reads as follows:
"Sec. 13-43 Endangered species, possession to sell,
purchase, and sale prohibited.
(1) No person shall possess with intent to sell,
sell, or offer for sale, or buy or attempt to
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buy, within the City of Aspen, any of the
following animals, alive or dead, or any
part or product thereof: all wild cats of
the family Felidae, polar bear (Thalarctos
maritimus), red wolf (Canis niger or Canis
rufus), vicuna (Vicugna vicugna), or alligator,
caiman or crocodile of the order of Crocodylia,
wolf (Canis lupus), coyote (Canis latrans),
sea otter (Enhydra lutris), Pacific Ridley
Turtle (Lepidochelys Olivacea), Atlantic
Green Turtle (Chelonia Mydas), Mexican Ridley
Turtle (Lepidochelys Kempi), seal (Pinnipedia).
(2) No person shall buy, sell or offer for sale
a native or foreign species or subspecies of
mammal, bird, amphibian 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 and
published in the Code of Federal Regulations
pursuant to the Endangered Species Act of 1969
(Public Law 135, 91st Congress).
(3) No person shall import or cause to be imported
into the City of Aspen any part of the plumage,
skin or dead body of any species of hawk, owl
or eagle.
(4) This section does not prevent the importation,
possession, purchase or sale of any species by
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any zoo, circus, or museum of natural history,
institutes of learning (including elementary
and high schools), or local, state or federal
agencies or their employees.
Any product being offered for sale, on or after
June 1, 1974, in violation of this ordinance
may be seized by any police officer acting
pursuant to the orders of the city manager
and upon seizure and a hearing which shall be
promptly held before the city manager or his
duly authorized agent, may be destroyed or in
appropriate circumstances be disposed of through
zoological, educational or conservation institu-
tions by order of the city manager."
Section 2.
Those individuals and businesses now possessing or
engaging in the sale of that prohibited by the foregoing
provisions shall have until June 1, 1974, to divest them-
selves of the prohibited articles.
Section 3.
The violation of this
a fine not exceeding three
ordinance shall be punished by
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.
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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 affect 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 day of , 1974, at 5 P.M. in the
City Council Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, on
the day of , 1974.
Sta'cy Standley
Mayor
III
ATTEST:
City Clerk
FINALLY ADOPTED, PASSED AND APPROVED this
, 1974.
day of
Stacy Standley III
Mayor
ATTEST:
City Clerk