HomeMy WebLinkAboutbocc.ord.018.2019 AN ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY
COMMISSIONERS OF COLORADO AMENDING TITLE 5, SECTION 5.04.070 (DOG
RUNNING AT LARGE) OF THE PITKIN COUNTY CODE
ORDINANCE NO.U/V 2019
RECITALS
1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (the
"BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into
effect or discharging the powers and duties conferred upon such counties by law and as seems
necessary; and
2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado (the `BOCC") is authorized to take
official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as
the Colorado Revised Statues as amended; and
3. Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action
by ordinance shall be required for Pitkin County Code Amendments; and
4. Pitkin County Open Space and Trails manages certain properties where the Open
Space and Trails Board and the Board of County Commissioners have determined that it is
appropriate to allow for dogs to be off-leash and under voice and sight control of their guardian;
and
5. Pitkin County Code Section 5.04.070 Dogs Running at Large currently prohibits
dogs from being off-leash on public property,including Open Space and Trails managed property;
and
6. Pitkin County Section 5.04.070(2) will be amended to allow dogs within voice and
sight control on certain county owned properties when a specific exemption from section 5.04.070
has been approved by ordinance; and
7. The proposed code amendment revokes section 5.04.070 in its entirety and
reinstates it as amended and set forth in Exhibit A appended hereto;
8. The BOCC finds that adoption of this Ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this Ordinance to be effective immediately upon adoption.
NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of the
County of Pitkin, Colorado, hereby adopts this Ordinance of the Board of County Commissioners
of Pitkin County, Colorado an ordinance of the Pitkin County Board Of County Commissioners
of Colorado amending Pitkin County code section 5.04.070 dogs running at large. The Chair of
the Board of County Commissioners of the County of Pitkin, Colorado is further authorized to
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execute such documents as necessary to consummate this transaction subject to the
recommendation for approval as to form by the County Attorney.
INTRODUCED AND FIRST READ ON THE DAY OF Ail 20A AND
SET FOR SECOND READING AND PUBLIC HEARING ON 'HIE ord. `' DAY OF
2011.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORD ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OF 20LR
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 4 it
DAYOF A\ 2019.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE r 0 QDAY OF
2011•
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 3�2 - DAY OF 1 ►t 2014
POSTED BY TITLE AND SHORT SUMMAR' ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE/ DAY OF 201f
ATTEST: BOARD OF COUNTY COMMISSIONERS
ry
By: BY:
Jeanett: ones schman, Chair
Deputy ounty Clerk '
DZ2_ate: ' 7_�'
APPROVED AS TO FORM: MANAGER APPROVAL
By: IZ (.
Ric . eiley III Jon Pcock, County �Mana er
. County Attorney
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Exhibit A to An Ordinance of the Pitkin County Board of County Commissioners of Colorado
amending Pitkin County Code Section 5.04.070 Dogs Running at Large.
5.04.070: DOG RUNNING AT LARGE
A. It is unlawful for any owner, possessor, or any person who keeps a dog to permit that
animal to run at large within the unincorporated areas of Pitkin County.
1. A dog which is on private property (whether of its owner, possessor, keeper or
any other person) shall be deemed running at large unless accompanied by
(and within sight and hearing distance of) its owner, possessor and keeper, or
his or her agent or within the positive control of the person; "positive control"
meaning tethered, structural fencing of any size and/or invisible fencing system.
2. A dog which is on public or commercial property (or private property on which is
being conducted a public event) shall be deemed running at large, unless
contained by a leash, cord or chain no longer than ten Pitkin County Code—
Title 5 - Animals Page 6 (10) feet in length (and of sufficient strength to
completely restrain the dog) or confined within a vehicle or other enclosure,
unless specifically exempted by ordinance for an identified Open Space and
Trails property.
3. A female dog in heat shall be deemed running at large if not securely confined in
an enclosure capable of restricting entry by other dogs.
4. A dog shall be deemed running at large if tethered by a leash, chain or cord
which blocks a public thoroughfare.