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HomeMy WebLinkAboutordinance.council.027A-71RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 27 (Series of 1971) AN ORDINANCE REPEALING AND REINACTING SUBSECTIONS (A), (B) AND (C) OF SECTION 4, CHAPTER 3 OF TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PROHIBITING DOGS FROM RUNNING AT LARGE IN TRE CO RCIAL, AR ZONED DI §Ig f_ THE CIT , AND FURTHER REQUIRING DOGS TO BE UNDER ~ CONTROL OUT- SIDE OF THE COMMERCIAL, AR AND PARK ZONED DISTRICTS OF THE CITY; PROVIDING FOR PENALTIES THEREOF WHEREAS, it is necessary for the preservation of public property, health and safety of the citizens of Aspen and its visitors, and for the health, safety and well being of dogs, to regulate, restrain and prohibit the running at large of dogs within the City. AND WHEREAS, following the Public Hearing of this Ordinance prior to its second reading to provide for a more well defined and complete Ordinance. OF THE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Chapter are hereby repealed. CITY OF ASPEN, COLORADO, THAT: Section 1. Subsections 3 (a), (b) and (c) of Section 4, of Title VI of the Municipal Code of the City of Aspen Section 2. Subsection (a) of Section 4, Chapter 3 of Title VI of the Municipal Code of the City of Aspen is hereby amended to read as follows: "It shall be unlawful for any owner, possessor or person who keeps any dog to permit the same to run at large within the Commercial, AR and Park Zoned Districts of the City, or within one hundred (100) yards of any public assembly, includ- ing schools while in session, parades, athletic con- tests, music festivals and similar public gatherings." Section 3. Subsection (b) of Section 4, Chapter 3 of Title VI of the Municipal Code of the City of Aspen is hereby amended to read as follows: "It shall be unlawful for any owner, possessor or person who keeps any dog to permit it to run at large outside of the Commercial, AR and Park Zoned Districts of the City unless said dog is under the positive control of the owner, possessor or keeper thereof. For the purposes of this section a dog shall be deemed under such positive control when said dog is accompanied by its owner, possessor, keep- er or his agent or servant or a member of his immediate family and within sight and hearing distance of said person. A dog shall be deemed not under positive con- trol when said dog inflicts damage or injury (by bit- ing, jumping upon, or by any other means whatsoever) to the person or property of anyone other than the owner, except in the defense of the owner, his family or property; or a female dog in heat which is not securely confined in an enclosure capable of restrict- ing entry by other dogs; or a dog tethered by leash, chain or cord which blocks a public thoroughfare." Section 4. Subsection (c) of Section 4, Chapter 3 of Title VI of the Municipal Code of the City of Aspen is hereby amend- ed to read as follows: "A dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not under the direct control of the owner, possessor, keeper or his agent or servant or a member of his immediate family either by leash, cord, chain, no longer than ten (10) feet in length and of sufficient strength to completely restrain the dog, or within a vehicle or other confinement°" Section 5. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application and to this end the provisions of this Ordinance are declared to be severable. Section 6. Any person convicted of violating any pro- vision of this Ordinance shall, upon conviction, be fined in an amount not to exceed THREE HUNDRED and 00/100 ($300.00) DOLLARS, or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. Section 7. A public hearing on the Ordinance shall be -2- Council Chambers, City Hall, Aspen, Colorado. P.M. in the City INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado on the ~z' day of ~~ , 1971. ATTEST: ~ CITY CLERK MAYOR day of ATTEST: FINALLY AMENDED, ADOPTED, PASSED AND APPROVED this __ CITY CLERK -3- amended STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) {_~jI, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Asoen on October 4 ,1~71__, and .ublish- ed in the Aspen Times, a weekly newsoaoer of general ci'-cul- ation, ~ublished in the City of Asoen, Colorado, in its issue of October 7 , 1~7 1, and was finally adopted and a.oroved at a regular meeting of the City Council on November 8 as Ordinance No. 27 , orovided by law. IN WITNESS ~EREOF, the seal of said City of As.en, ~ay of November ~ ,197 l~and ordered published, as Series of 197 1~ of said City, as I have hereunto set my hand and Colorado, this 9th 1~)71 . SEAL ~-"~Lorrazne Graves, Czty Clerk