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HomeMy WebLinkAboutORDINANCE 11-07C 0 ORDINANCE NO.11-07 AN ORDINANCE AMENDING CHAPTER 7.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO FOR THE PURPOSE OF INCLUDING DOMESTIC CATS WITHIN THE PROHIBITION OF ANIMALS RUNNING AT LARGE AND ADDING CERTAIN EXEMPTIONS FROM THIS PROHIBITION FOR DOGS WHEREAS,the Town of Estes Park has determined that cats need to be prohibited from running at large within the Town of Estes Park;and WHEREAS,the Town has determined that exception to the prohibition of dogs running at large needs to include dogs under the control of a law enforcement agency and dogs not under restraint within designated dog parks within the Town of Estes Park; and WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado,has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park,Colorado by the adoption of this Ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:Sections 7.12.040 and 7.12.050 of the Municipal Code shall be amended to read as follows: Section 7.12.040 Dogs or cats running at large prohibited. (a)Every person owning or having charge,care,custody or control of any dog or cat shall keep the dog or cat exclusively upon his or her own premises,except that the dog or cat may be off the premises if it is under the effective control of a person.The dog or cat shall be construed to be under the effective control of a person as follows: (1)Confinement within a vehicle,fencing or other adequate enclosure where the dog or cat has no access to a passerby;or (2)Attachment to a leash and held by a person of sufficient size and strength to restrain the dog or cat. (b)Notwithstanding the provisions of Sub-section (a)of this Section,a dog or cat shall be deemed to be not under effective control of a person as follows: (1)Every female dog or cat in heat or in season shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with a male dog or cat for unplanned breeding; ci C (2)The dog or cat inflicts damage or injury to the person or property of someone other than its owner,custodian or possessor;or (3)A dog or cat is tethered on the premises of its owner,custodian or possessor such that it has access to a passerby on a public street,sidewalk or right-of- way. (c)Nothing herein shall restrict the ordinary uses of seeing-eye dogs. (d)Dogs under the control of a public law enforcement agency and dogs not under restraint within a designated dog park within the Town of Estes Park are exempt from Sub-paragraph (a)above. Section 7.12.050 lmioundment;when. When any animal control officer or police officer finds a dog or cat within the Town,off the premises of its owner,possessor or custodian,and in violation of Section 7.12.040 of this Code,said dog or cat shall be impounded by such officer. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS %DAY OF ________________ 2007.iuu’ni TOWN OF ESTES PARK,COLORADO By:jtaor I hereby certify that the above ordinance was introduced and Board of Trustees on the 3day of ______________________ published in a newspaper of general publication in the Town of the 4’dayof _______________,2007. read at a meeting of the 2007,and Estes Park,Colorado on -p TovOi Clerk 2