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HomeMy WebLinkAbout2004- 4 Amending Title 6 of the Vail Town Code; Exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs• ORDINANCE NO.4 SERIES 2004 AN ORDINANCE AMENDING TITLE SIX OF THE VAIL TOWN CODE; EXEMPTING AREAS OF STEPHENS PARK FROM TOWN OF VAIL REQUIREMENTS REGARDING PET ANIMAL OWNERS' IMMEDIATE AND PHYSICAL CONTROL OF DOGS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, .the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Stephens Park is located within the Town and, when visiting the park, Pet Animal Owners are currently subject to the requirements as set forth in Section 6-4-6 of the Vail Town Code regarding the Immediate and Physical control of dogs; and WHEREAS, it is the Council's desire to exempt certain areas of Stephens Park from Town requirements regarding Immediate and Physical control of dogs. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, • COLORADO THAT: Section 1. The purpose of this Ordinance is to exempt certain areas of Stephens Park from current Town of Vail Town Code requirements that Pet Animal Owners' exercise either Immediate or Physical control of dogs at all times. Section 2. Section 6-4-6 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline) 6-4-6: FAILURE TO CONTROL ANIMAL: It shall be unlawful and considered a failure to control an animal when: A. Any dog is off the premises of the owner without the presence of a responsible person having physical control of the dog on any bike path or public park located within the Town or on any area located within the Town and described in Exhibit A attached to Ordinance 5 Series of 1995, made a part of this Section by reference, and which can be found on file in the office of the Town Clerk. B. 1. Any dog is off the premises of the owner in all areas of the Town, other than as specified in subsection A above, without the presence of a person having immediate control of the dog, and • Ordinance 4, Series of 2~~4 • 2. It is an affirmative defense to a violation under this subsection that the responsible person accompanying and having immediate control of the dog was actively engaged in training of the dog which caused the distance between the responsible person and the dog to be greater than ten feet (10'). C. Any dog is on or within one hundred feet (100') of any athletic field or golf course within the Town while any athletic event or activity is in progress, except that a dog may be within one hundred feet (100') of an athletic field or golf course while any athletic event or activity is in progress if the dog is on a public road or right of way. D. Any animal is allowed to become a danger to any person or property. E. Any animal trespasses on, or is tethered upon, any public property where expressly prohibited or private property without the permission of a person owning, leasing, or otherwise controlling the property in question. F. Any dog reaches past the perimeter of the owner's premises with its teeth or claws. G. Any animal is allowed to excrete body waste upon public or private property when the animal owner or other responsible person does not remove the waste in a timely manner. H. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the enclosed animal. I. A dog is not under physical control while in the yard of any multiple occupancy building • occupied by other persons; or in the common areas of apartments, or condominium developments. J. Any animal is not under physical control in areas posted as requiring any animal to be on a leash/tether by any agency of the Federal government, the State, or the Town. K. Any animal is kept or left in circumstances which constitute neglect, mistreatment, or abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner. L. Protective custody of any animal is reasonably necessary. M. Exception: Notwithstanding the provisions set forth in Sections 6-4-6(A) and (B) above, any dog in Bighorn Park and/or Steuhens Park, except for those considered as Vicious, Dangerous or Potentially Dangerous, need not be under either Physical Control or Immediate Control of the Pet Animal Owner if said dog is occupying any area described in Exhibit A attached to Ordinance 1, Series 2003 or Exhibit A attached to Ordinance 4. Series of 2004,, made a part of this Section by reference, and which can be found on file in the office of the Town Clerk. Nothing in the Section shall exempt a pet animal owner from the provisions of Sections 6-4-6(C)-(L) of this Title or from exercising Control over his or her dog, as defined in this Chapter 4, at all times. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, • Ordinance 4, Series of 2004 2 • section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication sha11 be authenticated by the • signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 8. This ordinance shall be'in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2004 and a public hearing shall be held on this Ordinance on the 16th day of March, 2004, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Clevel~n or Pro-Tem ATTEST: ,~pW ;;~ VR SEAL t~lei onaldsorl, Town Clerk ; r: Ordinance 4, Series of 2004 3 • INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED in full this 16thday of March, 2004. ~' ~ Rodney E. Slifer,Ma~ior ATTE T: ~~ ~ t .~~ p W N p L~releibonaldson, Town Clerk ~.••••••••..'cL s~,~~ • Ordinance 4, Series of 2004 Exhibit A Ordinance No. 4, Series Stephens Park March 2, 2004 ~ • Foot Path 0 Stephens Park Boundary Indicates areas Not Exempted from /~, requirements regarding a Pet Animal //~ Owner's Immediate andlor Physical Control of dogs as set out in Ordinance No. 4, Series 2004 Indicates areas Exempted from requirements regarding a Pet Animal Owner's Immediate andlor Physical Control of dogs as set out in Ordinance No. 4, Series 2004 ~~- 5 i 100 0 100 Feet ~1~~ . 150) ~~ ~4 w~'{c X05 ~~'S W~ °~tso 2f _ .r ~ .~~ ~~~~~ m 6 ~~, ~M~~p( Tr~ 4?,~ ~,~ JJB ~ is FM!~~ ~`a..,$L m ~ 'g~-,'7ist~ 4 : F , ~ q8. .d ~ ~, O q ~' tL~ ~~¢~Q5 a U' ~ (X ~'~ <> $ ~~ i ~~ qv $~ Z~V cn 1CtL~~ ~s c _. .. _ _.- ._._..1.. .._ a. w.m _~.~ a , c 'C7 ~ ~ •~ y o a ~ ~ O ~ ~ ~ M ~V ~~ , ~ 3 cd c y A g v , ~•~ 3 .~^~~~ ~ ~ ~ ~ ~ ~ ~,~ 3~ y > ~ b ~V~~ ~~ ~c~aac~~ y ~ ~ ~ ~ G ~ ~ Q1 . rl ~ ~ y • ~..~ f.~ b .~ ~ y ~ ~ " d Y }~=+ : ~ .G W C3 {••i+ `~~a~°~~ o"°"~•C a~ a~ ' " ~ ° A. 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