Initiative 200

WHEREAS, it is the desire of the citizens of Estes Park to prohibit the exhibition of animals, because the caging and/or tethering for exhibition of animals is not desirable in itself, nor does it, in the opinion of the citizens, reflect the unique character or nature of the Estes Park community. The exhibition of animals and the procurement of such for exhibition irrevocably diminishes community care and respect for such animals and imposes on them an unnatural and cruel existence. The natural habitat that animals experience in the Rocky Mountain National Park, which is contiguous to the Town of Estes Park and is the primary symbol of the Town for all visitors to the Estes Park area, is the image that the citizens want to preserve.

THEREFORE, BE IT RESOLVED, it is the intent of this ordinance to prohibit the exhibition of animals. SHALL THE ESTES PARK MUNICIPAL CODE BE AMENDED TO ADD THE FOLLOWING SECTION? Section 7.06.040 Exhibiting Animals Prohibited

a.It is unlawful for any person to exhibit an animal in a cage, kennel, box, cell, showcase, or other enclosure or to exhibit an animal by tethering the animal or tying or attaching the animal in any manner.

b.It is a specific defense to a charge of violating this section that:

1.The animal was exhibited temporarily for a period not exceeding 120 hours for educational purposes by the Park School District or the Rocky Mountain National Park;

2.The animal is domestic, as determined by the Colorado Wildlife and Agricultural Commissions, and was exhibited in the ordinary course of business by a pet store, dog kennel, farm, ranch, fair, livery, stables or rodeo;

3.The animal was exhibited for purposes of adoption by a non-profit humane society; or a non-profit Pet Association of Estes Park, Inc. which are exempt from Federal income taxes under Section 501(c)(3) of the United States Internal Revenue Code; or

4.The animal is wildlife, as defined by the Colorado Revised Statutes, and was being held for rehabilitation or medical treatment by a person licensed by the State of Colorado to provide such rehabilitation or medical treatment.

 

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