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Home My WebLink Aboutordinance.council.037-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ ~7 (Series of 197~ ) AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 5 OF THE MUNICIPAL CODE (KNOWN AS THE DOG CONTROL CODE OF THE CITY OF ASPEN, COLORADO) WHICH AMENDMENTS PROHIBIT THE PERMITTING OF LOUD, PERSISTENT AND HABITUAL DOG BARKING; REQUIRE THAT DOGS IN HEAT BE CONFINED SO AS TO RESTRICT ENTRY BY OTHER DOGS AND AUTHORIZING IMPOUNDMENT ON FAILURE OF OWNER OR KEEPER TO PROVIDE SUCH AN ENCLOSURE; DEFINE "VICIOUS DOGS" AND PROVIDING FOR THEIR CONFINEMENT, AND, IN SOME INSTANCES, THEIR DESTRUCTION ON ORDER OF THE MUNICIPAL JUDGE. WHEREAS, the Aspen City Council, on request of the animal warden, has determined that the Dog Control Code of the City of Aspen should be amended so as to prohibit the allowing of barking dogs so as to constitute a nuisance, to provide, in certain instances, for confinement of female dogs in heat, and to define and establish procedures for handling vicious dogs within the City of Aspen, 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 a section which said section reads as follows: "Sec. 5-35 Barking dogs prohibited. It shall be unlawful for any owner or keeper of a dog to permit such dog by loud and persistent or habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance." Section 2. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section which said section reads as follows: "Sec. 5-36 Confining female dogs in heat. It shall be unlawful for the owner or keeper of any female dog to RECORD OF PROCEEDINGS 100 Leaves permit the same to run at large while said dog is in estrus (in heat or season) or to permit the same to create a nuisance by attracting other dogs to the pre- mises. If, after notice, the owner or keeper of the said female dog in heat does not abate the nuisance by caring for and properly confining (in an enclosure capable of restricting entry by other dogs) the said female dog, it may be taken up and impounded, and the said female dog shall not be released from impoundment unless the owner or keeper establishes that he has proper facilities for caring for and confining the said female dog." Section 3. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section which said section reads as follows: "Section 5-37. Keeping of vicious dogs prohibited. No person shall own, keep, possess or harbor a vicious dog within the City of Aspen. For the purposes of this section, a vicious dog is hereby defined and declared to be a dog that unprovokedly bites or attacks human beings or other animals either on public or private property or in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public ground or place. Any dog that bites or attacks a person who is unlawfully trespassing upon, breaking into or otherwise destroying or defacing it owner's property shall be deemed to be provoked within the meaning of this section. It shall be the duty of the dog catcher and all police officers to take up and impound (2) RECORD OF PROCEEDINGS 100 Leaves any dog which is a vicious dog. In the event a vicious dog cannot be taken up and caught by the dog catcher or any police officer exposing himself to danger or personal injury from such dog, it shall be lawful for the dog catcher or any police officer to destroy such dog without notice to the owner or keeper thereof." Section 4. That section 5-44 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-44. Generally. It shall be the duty of every police officer or every person duly deputized for that purpose, to apprehend any dog ~ou~-~-e~-~a~e e~a~y-~e-~he-p~e~s~s-e~-see~-~-~7 AS MAY BE REQUIRED BY THE PROVISIONS OF THIS ARTICLE and to impound such dog in a suitable animal pound to be provided by the city, within or without the city limits. The person in charge of such pound, herein referred to as the poundmaster, upon receiving such dog, shall make a com- plete registry of such dog upon a book by him kept for such purposes, entering the breed, color and sex of such dog, and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the licensing tag." Section 5. That section 5-47 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-47. Confinement of certain dogs. The poundmaster shall not release any fierce, dangerous or vicious dog (3) RECORD OF PROCEEDINGS 100 Leaves unless suitable provisions are made for him by his owner to protect the public against these propensities, and no female dog in heat shall be released unless the owner has facilities for caring for and confining such dog AS PROVIDED IN SECTION 5-36. ~-~he-eve~-~ha~-a~-~-w~ ~e~ee?-~a~e~e~s-e~-v~e~s-~e~e~s~es-~s-~e~-~-~e ~-~-~a~e-a~-ea~e~-~e-sa~e~-~ea-~-a~-~mpe~a~e~, s~eh-~e~-ma~-~e-s~a~-B~-~he-pe~eema~-e~-aa~-~e~se~-~y ~ep~e~-~e~-~h~s-~peee. IF TH~ MUNICIPAL JUDGE SHALL FIND THAT ANY DOG COMPAAINED OF IS VICIOUS, AS DEFINED IN SECTION 5-37, IN ADDITION TO ANY FINE OR SENTENCE IMPOSED, HE MAY ISSUE AN APPROPRIATE ORDER TO AN OWNER OR KEEPER TO RESTRAIN THE OFFENDING DOG, OR HE MAY ORDER THE DOG TO BE DISPOSED OF. THE FAILURE OR REFUSAL OF ANY PARTY TO DO AS SO ORDERED SHALL BE DEEMED TO BE A SEPARATE AND DISTINCT OFFENSE AND EACH DAY'S VIOLATION THEREOF SHALL BE A SEPARATE AND DISTINCT OFFENSE SUBJECT TO THE PENALTIES PROVIDED FOR IN THIS CODE." Section 6. That section 5-48 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 5-48. Release upon compliance with provisions of article. It is the duty of the city to release any dog from the animal pound of the city upon receipt of satis- factory proof of ownership thereof, upon payment of any fee due the city, and upon proper vaccination for rabies (or presentation of proof of vaccination for rabies) and proper licensing of such dog ~-aeee~gaaee-w~gh-~he-p~e- ~s~eas-ef-~h~s-a~e~e= EXCEPT WHEN CONTINUED CONFINEMENT IS OTHERWISE REQUIRED BY THE PROVISIONS OF THIS ARTICLE." (4) RECORD OF PROCEEDINGS 100 Leaves Section 7. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invaliditiy shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 8. A public hearing on the ordinance shall be held on ~ ~ .... 4 . /.9/ , 197 ~/ , at 5 p. m. in the City Council ~ambers, /ty Hall Building, 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, Colorado, on the /? day , 197 ~ · . ~ · ~cy S~an¢ley III ..... /~ [ FINALLY ADOPTED, day~, ATTEST: PASSED AND APPROVED, 197 STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on December 17 , 197_~_, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of December 20 , 1973__, and was finally adopted and approved at a regular meeting of the City council on January 14 published as Ordinance No. 37 said City, as provided by law. , 197__4, and ordered , Series of 1972--, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 15th day of January , 197--4. SEAL