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HomeMy WebLinkAboutORDINANCE 11-79ORDINANCE NO.11 -79 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE Of THE TOWN OF ESTES PARK,COLORADO,THE SAME PERTAINING TO THE DISCHARGE Of WEAPONS FOR THE PURPOSE OF CONTROL Of ANIMALS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.That Section 9.96.010 of the Municipal Code of the Town of Estes Park,Colorado,is amended by adding thereto the following: This Section shall not apply to persons discharging such weapons under authority of a permit granted pursuant to the provisions of Chapter 9.98 of this Code. Section 2.That Title 9 of the Municipal Code of the Town of Estes Park,Colorado is amended by adding thereto a new Chapter 9.98,as follows: 9.98.010 Permit.Any person desiring to discharge any weapons described in Section 9.96.010 of this Code as a part of a program for the control or extermination of animals which,by reason of burrowing,gnawing,carrying of disease or otherwise, pose a threat to health of persons or livestock or to property, nay make application to the Board of Trustees for a permit to do so. 9.98.020 Application.An application for a permit hereunder shall contain the following information and exhibits: 1.Name and address of applicant. 2.Location of animal control program. 3.Nature and extent of animal control problem. 4.Details of proposed animal control program, including extermination method,time period,hours of operation, safety precautions and disposal methods to be employed. 5.Names,addressess,ages and weapons experience of all persons who will discharge weapons during to the animal control program. 6.Certificate of insurance from an insurance company authorized to do business in the State of Colorado,showing that there is insurance in full force and effect insuring the applicant,all persons who will discharge firearms in the course of the animal control program and the Town of Estes Park,in an amount not less than $500,000.00 in the aggregate per occurrence against any and all liability which may be alleged or imposed upon the Town of Estes Park on account of operation of the animal control program.Said certificate shall contain a clause requiring that the Town of Estes Park be given twenty (20)days advance written notice of cancellation of the policy. 9.98.030 Issuance of Permit.Upon finding that an animal control problem exists and that the animal control program proposed by the applicant contains adequate safeguards for the public health and safety,and that the applicant has complied with all other provisions of this Chapter,the Board of Trustees may, ‘a 0 in its discretion,issue a permit to the applicant,which permit shall set forth any special conditions and restrictions which the Board of Trustees deems necessary for the public health,safety and welfare. 9.98.040 Other Laws.The issuance of a permit shall not operate to allow the shooting of any animals or the discharge of any weapons which is otherwise prohibited or controlled by county, state or federal law or regulations. 9.98.050 Revocation of Permit.Any permit issued pursuant to this Chapter may be revoked upon the violation of any of the special conditions and restrictions which are imposed,upon the violation of any of the provisions of this Chapter,upon the expiration of any insurance coverage relied upon by the applicant in his application,upon the participation in the animal control program •by persons not lawfully authorized to participate in the program under the terms of the application and permit or by the laws of the State of Colorado,or upon conduct by any of such persons which constitutes a hazard to other persons,livestock and property.The permit may be revoked,and operation of the animal control program may be halted,pending a hearing on the revocation of the permit by the Board of Trustees,by any police officer of the Town of Estes Park who has reasonable grounds to believe that the animal control program is being operated in a manner which constitutes an immediate threat to the health,safety and welfare of persons,livestock and property.For any other cause,the permit may be revoked only after hearing by the Town Board,at which time the applicant shall be given the opportunity to appear and to present evidence after being given notice of such hearing. Section 3.The Board of Trustees of the Town of Estes Park,Colorado,herewith finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for provisions relating to animal control affect the public peace,health and safety;and whereas, in the opinion of the Board of Trustees,an emergency exists,this ordinance shall take effect and be in force after its final passage,adoption and the approval and signature of the Mayor. PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING THIS 10th DAY OF April ,1979. Town o’Estes Park,Colorado ATTEST: Town Clerk —2—