HomeMy WebLinkAboutORDINANCE 03-23ORDINANCE NO. O3-2
ANORDINANCE AMENDING CHAPTER 7.12OFTHE ESTES PARK
MUNICIPAL CODE REGARDING ANIMALS CONSTITUTING APUBLIC NUISANCE
WHEREAS, section 7.12.000 of the Municipal Code prohibits the keeping of
vicious animals, and provides procedures for their destruction in certain circumstances;
and
WHEREAS, aseparate provision ofthe Code iswarranted toprohibit animals that
constitute nuisances to the community but are not so dangerous as to constitute vicious
animals potentially warranting destruction; and
WHEREAS, the Town'a peace officers should be entrusted with exercising
reasonable discretion in determining whether to cite the keeping of an animal as either
vicious oranuisance; and
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain aoutiuna of the
Municipal Code ofthe Town ofEstes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Gaodon 712.035 of the Municipal Code is hereby addad, to nsod as
712.005—Animals constituting public nuisances.
(a) The Town Board hereby finds, determines and declares that the following
animals are detrimental to the public heo0h, safety and welfare of the
inhabitants of the Town, and hereby finds, determines and declares each
such animal tobeapublic nuisance. Any animal that:
(1) Menaces, bites orattacks persons;
(2) K8onaoeu, bites or attacks other animals;
(3) Has been abandoned;
(4) Damages public property orprivate property not owned bythe owner,
custodian or possessor; or
(5) |otied orotherwise physically fastened toany object onpublicly owned
property where: (i) the uwner, custodian orpossessor has departed
from the immediate vicinity or location where the animal has been
physically fastened; or(ii)the owner, custodian urpossessor remains
in the immediate vicinity or location, but leaves the animal physically
fastened for more than two hours.
(b) The public nuisances set forth above are prohibited inthe Town. The owner,
custodian or possessor of any animal that causes or constitutes a public
nuisance ohmU be in violation of this section and shall be deemed
responsible for the actions ofthe animal.
Section 2:This Ordinance shall take effect and beenforced thirty (30days after
PASSED AND ADOPTED by the Board of Trustees ofthe Town ofEstes Pad,
Colorado this 3��-dayof .2023.
TOWN OF ESTES PARK, COLORADO
ATTEST:
�
r�wn Clerk
I hereby certify that the above Ordinance was introduced ataregular meeting ofthe
Board ofTrustees unthe T73 day of �Aa,�L6-� .2023and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the �Z day
uf��m .2O23.all aorequired bythe Statutes ofthe State ofColorado.
APPROVED AS TO FORM:
Town Attorney
T07' "Clerk
,