TC Ord. No. 2001-04 Concerning Wildlife protectionORDINANCE NO. 0l -04
SERIES OF 2001
AN ORDINANCE CONCERNING WILDLIFE
PROTECTION.
WHEREAS, the purpose of this ordinance is to protect human life and
property, and to minimize the destruction of wildlife; and
WHEREAS, several bears were killed during 2000 due to their
interactions with humans and trash; and
WHEREAS, there is a need to protect our wildlife and a need to co-exist
with wildlife in a way that prevents wildlife from being jeopardized,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. A new Section 9.16.121 of the Avon Code is added to
provide as follows:
9.16.121. Wildlife Protection. No person (including a corporation, partnership,
or unincorporated association) shall knowingly leave or store any refuse, food
product, pet food, grain, oT salt in a manner which would constitute a lure,
attraction, or enticement of wildlife. As used in this section, "wildlife" means
any non-domestic mammal indigenous to the Eagle Valley, including but not
limited to, bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat,
mountain lion, porcupine, and fox.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2001, and a
public hearing on this ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the day of , 2001, at 5:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON, COLORADO:
ORDINANCE NO. 01-04
SERIES OF 2001
AN ORDINANCE CONCERNING WILDLIFE
PROTECTION.
WHEREAS, the purpose of this ordinance is to protect human life and
property, and to minimize the destruction of wildlife; and
WHEREAS, several bears were killed during 2000 due to their
interactions with humans and trash; and
WHEREAS, there is a need to protect our wildlife and a need to co-exist
with wildlife in a way that prevents wildlife from being jeopardized,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. A new Section 9.16.121 of the Avon Code is added to
provide as follows:
9.16.121. Wildlife Protection.
(a) No person (including a corporation, partnership, or unincorporated
association, and specifically including restaurants and other businesses) shall
knowingly leave or store any refuse, food product, pet food, grain, or salt out
of doors in a paper or plastic bag in a manner which would constitute a lure,
attraction, or enticement of wildlife.
(b) Persons (including corporations, partnerships, or unincorporated
associations, and specifically including restaurants and other businesses)
setting out trash for curbside pickup shall use durable trash containers made
of hard plastic, metal, wood, or other similarly strong material, and shall
cover such containers with a tightly sealed lid.
(c) As used in this section, "wildlife" means any non-domestic mammal
indigenous to the Eagle Valley, including but not limited to, bear, deer, elk,
raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine,
and fox.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2001, and a
public hearing on this ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the - day of , 2001, at 5:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
ATTEST:
Town Clerk
TOWN OF AVON, COLORADO:
Mayor
INTRODUCED, APPROVED ON SECOND READING, AND
ORDERED PUBLISHED AND POSTED this day of , 2001.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
2
ATTEST:
Town Clerk
Mayor
INTRODUCED, APPROVED ON SECOND READING, AND
ORDERED PUBLISHED AND POSTED this day of , 2001.
TOWN OF AVON, COLORADO:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
2
ORDINANCE NO. 0l -04
SERIES OF 2001
AN ORDINANCE CONCERNING WILDLIFE
PROTECTION.
WHEREAS, the purpose of this ordinance is to protect human life and
property, and to minimize the destruction of wildlife; and
WHEREAS, several bears were killed during 2000 due to their
interactions with humans and trash; and
WHEREAS, there is a need to protect our wildlife and a need to co-exist
with wildlife in a way that prevents wildlife from being jeopardized,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. A new Section 9.16.121 of the Avon Code is added to
provide as follows:
15.16.121. Wildlife Protection. No person (including a corporation, partnership,
or unincorporated association) shall knowingly leave or store any refuse, food
product, pet food, grain, or salt in a manner which would constitute a lure,
attraction, or enticement of wildlife. As used in this section, "wildlife" means
any non-domestic mammal indigenous to the Eagle Valley, including but not
limited to, bear, deer, elk, raccoon, coyote, beaver, skunk, badger, bobcat,
mountain lion, porcupine, and fox.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2001, and a
public hearing on this ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the day of , 2001, at 5:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON, COLORADO:
ATTEST:
Town Clerk
Mayor
INTRODUCED, APPROVED ON SECOND READING, AND
ORDERED PUBLISHED AND POSTED this day of , 2001.
TOWN OF AVON, COLORADO:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Mayor
2
MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
RE: Redraft of Bear Ordinance
DATE: May 16, 2001
Council member Buz Reynolds Jr. asked that I redraft a bear ordinance to provide that
paper or plastic trash bags are illegal, and that solid containers are required. You have
such an ordinance before you for consideration. If this ordinance is passed it will be a
crime to violate it, punishable (like all Avon ordinances) by fine and/or imprisonment.
Also, I am providing you with copies of other bear ordinances from other jurisdictions.
These were provided by Bill Andree of the state wildlife division.
ORDINANCE NO.01-04
SERIES OF 2001
AN ORDINANCE CONCERNING WILDLIFE
PROTECTION.
WHEREAS, the purpose of this ordinance is to protect human life and
property, and to minimize the destruction of wildlife; and
WHEREAS, several bears were killed during 2000 due to their
interactions with humans and trash; and
WHEREAS, there is a need to protect our wildlife and a need to co-exist
with wildlife in a way that prevents wildlife from being jeopardized,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. A new Section 9.16.121 of the Avon Code is added to
provide as follows:
9.16.121. Wildlife Protection.
(a) No person (including a corporation, partnership, or unincorporated
association, and specifically including restaurants and other businesses) shall
knowingly leave or store any refuse, food product, pet food, grain, or salt out
of doors in a paper or plastic bag in a manner which would constitute a lure,
attraction, or enticement of wildlife.
(b) Persons (including corporations, partnerships, or unincorporated
associations, and specifically including restaurants and other businesses)
setting out trash for curbside pickup shall use durable trash containers made
of hard plastic, metal, wood, or other similarly strong material, and shall
cover such containers with a tightly sealed lid.
(c) As used in this section, "wildlife" means any non-domestic mammal
indigenous to the Eagle Valley, including but not limited to, bear, deer, elk,
raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine,
and fox.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2001, and a
public hearing on this ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the _ day of , 2001, at 5:30 p.m. in the
Municipal Building of the Town of Avon, Colorado.
ATTEST:
Town Clerk
TOWN OF AVON, COLORADO:
Mayor
INTRODUCED, APPROVED ON SECOND READING, AND
ORDERED PUBLISHED AND POSTED this , day of , 2001.
TOWN OF AVON, COLORADO:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Mayor
2
004
ORDINANCE NO. SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE
ADDITION OF A CHAPTER ENTITILED "WILDLIFE PROTECTION,"
WHICH PROTECTS WILDLIFE BY REQUIRING THE USE OF
WILDLIFE RESISTANT CONTAINERS AND WILDLIFE RESISTANT
DUMPSTER ENCLOSURES.
WHEREAS, five bears were killed. in 1998 due to their interactions with humans
and trash, and
WHEREAS, citizens of the City of Aspen, Colorado, voiced their concerns
regarding wildlife to the City and asked that something be done to help reduce
the potential of conflicts between humans and wildlife, and
WHEREAS, there is a need to protect our wildlife and the need to co-exist with
wildlife in a way that prevents wildlife from being jeopardized, and
WHEREAS, in response to the citizen concerns, a valley wide task force was set
up which included CDOW, USFS, the City of Aspen, Pitkin County, Snowmass
Village and Wilderness Workshop, and
WHEREAS, meetings were held in which it was decided that Snowmass Village
would pass a wildlife protection ordinance first (which has been done) and that
Aspen would then follow suit, and
WHEREAS, the Bear Task Force drafted the idea of a wildlife protection program
and all its components, and -
WHEREAS, the health, welfare, and best interests of the community necessitate the
adoption of a wildlife protection chapter, and
WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen
the following code addition.
NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the
addition of a new chapter, 12.08 Wildlife Protection, which shall read as follows:
CHAPTER 12.08
WILDLIFE PROTECTION
2.08.010 Definitions.
The definitions and terms used in this Chapter are defined as follows:
(1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork
Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk,
badger, bobcat, mountain lion, porcupine and fox.
(2) Wildlife resistant refitse container means a fully enclosed metal container with a
metal lid. The lid must have a latching mechanism which prevents access to the
contents by wildlife. Wildlife resistant refuse containers must be approved by a City
Community Safety Officer or Environmental Ranger.
(3) Wildlife resistant dumpster enclosure means a fully enclosed structure consisting of
four sides and a roof with one side accommodating a door. The sides of the
structure must extend to the ground and the door cannot have more than a
two-inch gap along the bottom. Ventilation openings shall be kept to a minimum
and must be covered with a heavy gauge steel mesh or other material of sufficient
strength to prevent access. The door shall have a latching device of sufficient design
and strength to prevent access by wildlife. Wildlife resistant dumpster enclosures
must be approved by a City Community Safety Officer or Environmental Ranger.
(4) Special event means an outdoor gathering such as a concert, conference or
festival.
(5) Enforcement officer means any Aspen Police Officer, Community Safety Officer,
Environmental Ranger..
(6) Refuse container means any trash can, dumpster, or similar device used for the
collection and storage of solid waste.
12.08.020 Wildlife Resistant Refuse Containers or Enclosures Required.
Except for a container which services less than five (5) family residences and
which has a minimum of seven (7) days per week pickup, any refuse container,
regardless of size, that receives between the dates of April 15`" and November
15", inclusive, refuse which is edible by bears or other wildlife shall be either (1)
an approved wildlife resistant refuse container or (2) a refuse container which is
stored within a building, house, garage or approved wildlife resistant dumpster
enclosure.
12.08.030 Maintenance and Operation of Wildlife Resistant Refuse
Containers and Dumpster Enclosures.
A. Wildlife resistant refuse containers and dumpster enclosures must be kept
closed and secure when refuse is not being deposited.
B. . If a container or enclosure is damaged. allowing access by wildlife, repairs
must be made within one (1) week after written notification by a Community
Safety Officer or Environmental Ranger.
12.08.040 Residential Refuse Disposal.
A. All residential containers that receive refuse edible by wildlife must be secured
inside the home or garage. Residents unable to keep their refuse container
inside the home or garage shall store their refuse in a wildlife resistant refuse
container or enclosure approved by a City Community Safety Officer or
Environmental Ranger.
B. Residents with curbside pickup shall place their refuse containers at the curb,
alley, or public right-of-way only on the morning of pickup. After pickup the
containers must be re-secured inside the home, garage or wildlife resistant
enclosure by 6 p.m.
12.08.050 Special Event Refuse Disposal.
Outdoor special event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the close of
each day's activities and shall be deposited in wildlife resistant containers or
enclosures or be removed to an appropriate disposal site.
12.08.060 Feeding of Wildlife.
A. No person shall knowingly leave or store any refuse, food product, pet food,
grain or salt in a manner which would constitute a lure attraction or
enticement of wildlife..
B. Bird feeders are allowed. However between the dates of April 15th and
November 15th, all feeders must be suspended on a cable or other device so
that' they are inaccessible to bears and the area below the feeders must be kept
free from the accumulation of seed debris.
12.08.070 Construction Site Refuse Disposal.
Ali construction sites must have a designated container that receives refuse
edible by wildlife. This container shall be either a wildlife resistant refuse
container, or a container that is emptied at the end of each workday and then
securely stored inside a trailer or building.
12.08.080 Interference with Enforcement Officer.
No person shall interfere with, molest, hinder or impede the enforcement
officers in the discharge of their duties as herein prescribed or violate any of
the provisions of this Chapter.
12.08.090 Enforcement.
A. Enforcement officers ma; issue a warning notice or summons and complaint
to any person in violation of this Chapter.
B. An enforcement officer shall have the right to inspect property concerning any
wildlife concern or potential wildlife attractant.
12.08.100 Penalty Assessment.
Violation of any provision of this chapter by any person, firm or corporation,
whether as owner or occupant, shall be unlawful and subject to the penalty
provisions in section 1.04.080 of this Code.
4
Section 2.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3.
- This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any other
ordinance, and the same shall be conducted and concluded under such other
ordinance.
Section 4. -
A public hearing on the ordinance shall be held on the/ day of 1999,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena,
Aspen, Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City
of Aspen on the 4L.V,- day of .X 1999.
John
Mayor
ATTEST:
Kathryn V*och/cit'y Clerk
5
_ FINALLY adopted, passed, and approved this,(Q day of 1999.
jo
ATTEST:
Kathryn S och City Clerk
6
-ALPINE ENTERPRISE, MARKLEEVILLE, CALIFORNIA Page 5
Alpine Co. To Adopt "Bear"
Ordinance
A second reading of Alpine's proposed
"Bear" ordinance, which might be more
appropriately be named "People - Clean.
Up YourAct", Act, will'occur at the regular
Alpine Board of Supervisors meeting June
20.. The Ordinance reads as follows:
CHAPTER 8.50
BEAR CONTROL
.50.01 Purpose
The purpose of this Chapter is to protect
human life and property, and to minimize
the destruction of bears by eliminating to
the greatest degree possible human
interaction with bears in Alpine County.
g 50.020 onduct Prohibited
No person shall feed bears or knowingly
leave food, food product, refuse et fo.od,'.
grain or salt in a manner which constitutes
a lure, attraction or enticement to bears.
8. 0.0 Punishment
A violation of this Chapter may be charged
as an infraction or misdemeanor punishable
as set forth in Title I Chapter 16 (l .16.0 10)
of this code, exclusive of any costs, charges, •
fees or assessments which may in addition.
be imposed by the Alpine County Superior
Court. In addition, violations of this
Chapter are hereby declared to be a public.:.
nuisance which threatens the public health.
and safety and which shall be subject to
abatement through applicable.
administrative and judicial proceedings.
8.50 040 Separate Violation
Each day the conduct proscribed in this .
Chapter occurs or. continues may be .
deemed a single, separate violation of.....:
purposes of charging and punishment upon
conviction.
8.50.05QProhibition and Punishment
Not Exclusive
Violations of this Chapter may be charged
and punished without regard to any.other
applicable statute, or regulation. ; hIS- J
} Cha -ter.~sh l not:be deemed=io-(imi i
i;d prohibit he innforr~c~ement~o~For WS;
any eg~nc tsavtng concturent orse ante
PIP Icti n..
j z 44
na..si A nee n./
1601 QI L 1 .4V-V 1
ns?noi►; n Nr` ;;F ?'uE On ;on :c T°U JTGEv vP aeStLIT, 4COLORA' DOI
APPROVING A NEW ARTICLE VIIITO CHAPTER 7 OF THE MUNICIPAL CODE OF
THE TOWN OF BASALT ENTITLED "WILDLIFE PROTECTIOI`!„ WHICH
PROTFCTS wu ni ip;; Rv Qs=rN1 1101IJet TUC I Ice r%c,&anl 111 IEL3 wr_L+1lT a ►1~
♦r.gveeuw a e tee vv. VI ftIL DOL.If EE 1\GJ1~71MIq 1
COINTI AIIa cRS AND rwPiL0LirE RESia T ANT DUMPS T EER ENCLOSURES
Ordinance No.
SeHes. of 20-0-4
RECITALS
A. The Town of Basalt ("Town") antinn by and thmi tnh its Rngrrl of Tn le#noc.
has the power to amend the Municipal Code of the Town of Basalt ("Town Code")
pursuant to §1-58, Town Code; and all such amendments shall become a part of the
Town Code. Further, § 16-267, Town: Code, provides for the amendment to Chapter 16
of the Town Code.
C. At a duly noticed public hearing held on - and the Board of
Trustees considered the following revisions to the Town Code, and heard testimony
from the public and Town staff concerning such revisions.
D, The Board of Trustees finds, determines and concludes it is in the best
interests of the Town to amend the Town Code as provided herein.
NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of Basalt,
Colorado as follows:
tie-1ui.lys. T ie coard of TI UbLees nereoy conclusively Tends and concludes as follows.
1. The Town is authorized and empowered to enact this Ordinance by
the Colorado Revised Statues, including, but not limited to, 29-20-104, 31-15-101,
31-23-214, 31-23-301 and 24-67-102, G.R.S.
9 ThP r_.iti7Pne, of thg Tnwn of RMgMI+ (nln~~rip Fngia vAi..s.J ♦4, '
' Vv,v. u.V Ilu•V YVIV.r41 tleGll ~rV11VG111
tc the Tv:v^ a,^,u tc t~e viisivil of V V-1i16 11=9cmdi111J-, miu is to Ile I uwn and asked that
something be done' to help reduce the potential of conflicts between humans and
wildlife
3. In preparing this Ordinance, Town staff has held meeting with staff
members from the Roaring Fork Conservancy, the City of Aspen, Colorado Division of
wildlife, and Basalt Police Department
4. The Board of Trustees is aware that bears and other wildlife have
become habituated to feeding on refuse or other food products left accessible by
residents of the Town.
Ordinance No. 7
Series of 1999
Page 2
5. The Board of Trustees finds, determines and concludes that it has a
legitimate public purpose in regulating garbage pickup for the purpose of preserving
and protecting the health, safety, welfare and quality of life for the citizens of the Town
and the wildlife that we live among.
B. Revisions to Code. Add a new Article VIII to Chapter 7, Health, Sanitation and
Animals as follows:
Wildlife Protection
Sec. 7-165 The definitions and terms used in this Chapter, unless the context otherwise
indicates, are herewith defined as follows:
(1) Wildlife means any medium to large size non-domestic mammal indigenous to the
Town of Basalt, including but not limited to: black bear, mule deer, elk, raccoon, coyote,
beaver, skunk, badger, bobcat, mountain lion, porcupine and fox.
(2) Wildlife Resistant Refuse Container means a fully enclosed m finer with a
metal lid. The lid must have a latching mechanism which prevents access to the
contents by wildlife. Wildlife Resistant Refuse Containers must be consistent with the
"Town of Basalt's Wildlife Protection Ordinance Guidelines."
(3) Wildlife Resistant Dumpster Enclosure means a fully enclosed structure consisting
of four sides and a roof with one side accommodating a door. The sides of the
structure must extend to the ground and the door cannot have more than a two-inch
gap along the bottom. The door must have a latching device of sufficient design and
strength to prevent access by wildlife. Ventilation openings shall be kept to a minimum
and must be covered with a heavy gauge steel mesh or other material of sufficient
strength to prevent access. Wildlife Resistant Refuse Containers must be consistent
with the "WO-Town of Basalt's Wildlife Protection Ordinance Guidelines."
(4) Special Event means a large outdoor gathering such as a concert, conference,
festival or rodeo.
(5) Enforcement officer means any Basalt Police Officer or the Town Building Official.
(6) Refuse container means any trashcan, dumpster, or similar device used for the
collection and storage of solid waste.
Sec. 7-166 Wildlife Resistant Refuse Container or Enclosure Required
A. Any refuse container, regardless of size, that receives refuse which is edible by
bears or other wildlife shall be either (1) an approved wildlife resistant refuse
container or (2) a refuse container which is stored within a building, house,
Ordinance No. 7 o.
Series of 1999 L d
Page 3
garage or approved wildlife-resistant dumpster enclosure.
B. The minimum standards required for wiidiife proofing garbage are set forth in and
are hereby incorporated herein by reference in the Town of Basalt's Wildlife
Protection Ordinance Guidelines which shall be prepared and amended from
time to time by the Town. The Guidelines shall be available for review and
purchase at Town Hall.
C. Any trash hauler who provides a refuse container to a City customer shall only
provide wildlife resistant refuse containers, wildlife resistant dumpsters, or a
wildlife resistant g9
Sec, 7- 167 Maintenance and Operation of Wildlife Resistant Refuse Containers
and Dumpster Enclosures
A. Wildlife Resistant Refuse Containers and Dumpster Enclosure must be kept
closed and secure when refuse is not being deposited
B. If a container or enclosure is damaged, allowing access by bears or other
wildlife, the owner or tenant has twenty- four hours to report the damage to the
trash hauler and to the Town of Basalt.
o h Ux_-_' ~acp' +v its -
Sec, 7-168 Residential Refuse Disposal
A. All containers that receive refuse edible by bears or other wildlife must be
secured inside the home or garage. Residents unable to keep their refuse
container inside a home or garage shall store their refuse in a Wildlife Resistant
Refuse Container or Enclosure included in the "Town of Basalt's Wildlife
Protection Ordinance Guidelines."
A
O tW s -with ith lrlJJI ltD si de LiJ.+hall wlacole t16eir rr.F..nn VV11LG.i►~Qr ♦Ya /-I IF*% ARh/
D. Residents pliinN shall ~JIVG iu ~ciuoc a. nan w~ CA u% a wn Vu1 V %0161Y
on the morning of pickup. After pickup, the container must be re-secured inside
the home, garage or Wildlife Resistant Dumpster Enclosure by the end of the
day.
Sec. 7-169 Special Event Refuse Disposal
Outdoor speGiai evens. sites shall Ue kept i1Ce irulil tli8 aC:irulilulatiuil vi rirfiiSe ediuic by
wildlife. Refuse must be collected from the grounds at the close of each day's activities
and shall be deposited in wildlife resistant containers or enclosures or be removed to an
appropriate disposal site.
Ordinance No. 7
Series of 1999
Page 4
Sec. 7-170 Feeding of Wildlife
A. No person shall knowingly leave or store any refuse, food product, pet food,
grain or salt in a manner which would constitute a lure attraction or enticement of
wildlife.
B. Bird feeders are allowed. However between the dates of April 15' and November
15`h, all feeders must be suspended on a cable or other device so that they are
inaccessible to bears and the area below the feeders must be ke t free from the
accumulation of seed debris. (was this to be changed?) 1`
a
Sec. 7-171 Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible by
wildlife. This container shall be either (1) a wildlife resistant refuse container, or (2) a
container that is emptied at the end of each workday and then securely stored inside a
trailer or building. If the construction site is using a container that is empted at the end
of. the day, then both the construction dumpster and the container must be clearly
labeled to prevent confusion as to what container is to contain the refuse edible by
wildlife and which container will not receive edible refuse.
Sec. 7-172 Interference with Enforcement Officer
No person shall interfere with, molest, hinder or impede the enforcement officers sin the
discharge of their duties as herein prescribed or violate any of the provisions of this
Chapter.
Sec. 7-173 Enforcement
Enforcement officers may issue warning notice or summons and complaint to any
person in violation of this Chapter.
An enforcement officer shall have the right to inspect property concerning any wildlife
concern or potential wildlife attractant.
Sec. 7-174
Any dumpster enclosure or refuse container shall be brought into conformity with the
wildlife protection provisions of this Article within a period not to exceed sixty days from
the effective date of this ordinance. Upon application to the Enforcement Officer and
showing a hardship. by any owner of a dumpster enclosure or refuse container required
to comply with this Article, the Enforcement Officer may grant an extension, for a
reasonable period of time, within which to comply with the provisions of this Article.
0,m_io%_snm No. 7
V Gi1'n v4
Page 5
Sec. 7-175
Violations of any provision of this section by any person, firm or corporation shall be
unlawful and subject to the following penalty provisions. Either the owner or the tenant
or both may be held responsible for a violation of any provision of this chapter.
The following penalty assessments are declared to be mandatory and minimum:
Wildlife Resistant Refuse Container
First Offense within 1 year $0
Second offense within 1 year $200
Third offense within 1 year Summons
Maintenance of Wildlife Resistant Refuse Containers and Wildlife Resistant Dumpster
=no-Inai 1TFC
r__ I A. -;*kin I w or
First v11G1lac r.u,.,,I . ~e
-
Second offense within i year
$200
Third offense within 1 year
Summons
Daciriant RPf11CP. nisposal
-1-
1-Ilat VIIGItaG •r u,u. . J..
Second offense within I year
wL00
Third offense within 1 year
Summons
lspecml Event Refl icA Disposal
First offense within 1 year $0
Second offense within 1 year $500
Third offense within 1 year Summons
Construction Site Refuse Disposal
First Offense within 1 year $0
Second offense within 1 year $500
Third offense within 1 year Summons
Feeding of'Alildife
First Offense within 1 year $0
Second offense within 1 year $500)
Third offense within 1 year Summons
C. General.
_ _ ..a:.... tea„♦ar+r•® ~lal ~gr~ nr r~hrase of this
1. if any pari, sectl~~ 'u"se`'" decision shall not affect the validity
Ordinance is for any reason held to be invalid, such
of the remaining portions of this Ordinance and the Board of Trustees hereby declares
it would have passed this Ordinance and each part, section, subsection, sentence,
Ordinance No. 7
Series of 1999
Page 6
clause or phrase thereof regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
2. This Ordinance shall be effective upon completion of publication of the
Ordinance and shall apply to all development within the Town except development
which is exempt by virtue of a common law vested right, a vested property right
pursuant to a site specific development plan as defined and established by and
pursuant to § 24-68-103, C.R.S., and § 17-125, Town Code, or which is otherwise
exempt pursuant to an Ordinance or Resolution of the Board of Trustees of the Town of
Basalt.
READ, ADOPTED AND ORDERED PUBLISHED by a vote of - to - on
TOWN OF BASALT
By:
Richard P. Stevens, Mayor
ATTEST:
Pamela Schilling, Town Clerk
rivers-wetlands.doc
basa lftode\2rivers.008
2~41
-
T 1'EB-27-01 14:22 FWUM:MUNmWv1iA eUl.!{:C uhrl.
1/7
1U: itaW=;&==tWvK= r- Mt.=
MONROVIA POLIO
DEPART MENT°
t~
Joseph A. Santoro
Chief of Police
FAX COVER SHEET
DATE:
J TIME:
FAX: # 2 :zo - 5Z6 -3(D3 0
To:
FROM:
PHONE: (626) 256-8000 EXT.
FAX# (626) 256-8025 RECORDS
RE:
NUMBER OF PAGES (NOT INCLUDING COVER SHEET)
1 dv - A~Orjao ~ eV ab'-o
FES-27-01 14:22 FROM:MONROVIA POLICE DEPT. iu:ldYtiYbbtllOYb rra,c cia
~ a~ris^
I if
CITY COUNCIL AGENDA REPORT
MoNi~AV(A O
.
DEPARTMENT: Police Department MEETING DATE: September. l2, 2000
PREPARED BY: Joseph A. Santoro, Police Chief AGENDA LOCATION: J-2
TM-E Amendment of Title 6, Chapter 6.30 of the Monrovia Municipal Code Relating to the
Prohibition of Feeding Wildlife; introduction and. First Reading, Ordinance No. 2000-23
QB.IECTIVE: The object of this report is to introduce for consideration a municipal ordinance
prohibiting the feeding of specific wildlife to protect the public health, welfare and safety.
BACK : Bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats,
skunks; squirrels and feral cats are just a few of the nondomesticated mammalian wildlife living
in Monrovia. Over the past several years, wildlife calls to the police department have been on
the increase. Of particular concern is the fact that some residents are feeding these wild .
animals and are treating them like pets. In some cities mountain lions and coyotes have been
known to attack domestic household pets and in some instances small children. Opossum,
skunks and. raccoons often carry diseases such as roundworm and rabies, which can be
transmitted to. humans. Throughout the state bears cause hundreds of thousands of dollars
worth of personal property damage annually. Although California bears and mountain lions
rarely attack people, these strong predators are dangerous and are capable of seriously
injuring or even killing humans if they are approached and feel trapped.
Often people seeing the smaller animals do not call the police. However, when a bear or
mountain lion is seen the police are often called to scare them back into the wilderness area
and insure the safety of residents. For example, since May 1999, Monrovia Police Officers
have responded to over 65 bear calls.
California Department of Fish and Game explains that food is the reason for the increased
sightings of wildlife in foothill residential neighborhoods. They advise that Monrovia has ten
times more bear sightings than any other foothill city in the Los Angeles area. Bears are
extremely intelligent animals and they know where there are people, there will be food. These
animals will continue to come down into our residential neighborhoods as long as there is food.
AW YSIAL 1 : We all like the wildlife, however, we must work to keep them in the mountains
where they belong. We can accomplish this goal by securing the lids on trashc ans, picking up
fallen fruits or avocados from trees. never leaving food out to attract them and never feeding
them. Although these are beautIfUl animals. we must never forget they are not pets, but wild
animals. Wildlife behavior, whether good or bad, is unpredictable and can vary greatly. The
best way to avoid a tragedy with them is to help prevent it.
J-2
F£8-27-01 14:22 FROM:MONROVIA POLICE DEPT. ID:1b2b25bUW2S VmLih J/ti
ORDINANCE NO. 2000-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONROVIA, CALIFORNIA, AMENDING TITLE 6, CHAPTER 6.30 OF _
THE MONROVIA MUNICIPAL CODE, RELATING TO THE
PROHIBITION OF FEEDING WILDLIFE .
THE CITY COUNCIL OF THE CITY OF MONROVIA, CALIFORNIA hereby ordains as
follows:
SECTION 1. Title 6, Chapter 6.30 of the Monrovia Municipal Code is hereby amended
to read as follows:
6.30.010 Feeding of wildlife prohibited
6.30.020 Exceptions
6.30.030 Violation - Penalty .
6.30.010 Feedi of wildlife prohibited. No person shalt feed or in any manner..
provide food for one or more nondomesticated mammalian wildlife; including but not limited to
bears, deer, mountain lions, coyotes, raccoons, opossum, mice, rats, skunks, squirrels or feral
cats.
6.30.020 Exceptions. This chapter shall not apply to:
A The feeding of any nondomesticated mammalian by the owner of such animal .
when the nondomesticated mammalian is kept under valid certificate or permit issued by the
state of California Department of Fish and Game:
6.30.030 Violation m Penalty. Violation of this chapter is an infraction, as defined
under Chapter 1.16 of this code.
INTRODUCED this 12°1 day of September 2000,
F.EU-2Y-WI ]9;Y:3 rKUr1:r1V1MKVVJM rUA_AL.t utra. ,a+z+oYOCboenucn
Officers responding to calls for service have noticed that some residents intentionally place
food out for bears and other wildlife, 'while others inadvertently leave food for their domestic
pets that attract wildlife. Over the past years the Police Department has engaged in. a program
to educate residents in the foothills regarding the hazards of feeding or leaving food out for
wildlife. The Police Department has- also engaged in an aggressive program- to, deter wildlife
by placing "Bear-B-Gone" trashcans in residential areas frequented by the bears and other
animals searching for food. When the bear-goes for the bait in the "Bear-R Gone" trashcarr, it
receives a harmless but uncomfortable burst of pepper spray. The intent is to educate the
animal that there is a negative consequence associated with rummaging through trashcans.
Wildlife provided with food from humans quickly team that the scent of humans is not to be
feared and equate human scent with food. When fed, they lose their fear of people and
develop unnatural behaviors and habits, which result in conflicts with humans. Wildlife that
have lost their natural fear of humans are more likely to cause nuisance problems that often
lead to their demise. In addition, handouts of food, even those we consider to be healthy,
rarely meet all the nutn'tional needs of wildlife. An animal's survival depends on its ability to
find and eat natural foods. It is critical that residents do not feed wildlife.
FISCAL IMPACT: None
RECOMMENDATION: Staff recommends that the City Council implement the new city .
ordinance prohibiting the feeding of nondomesticated mammalian wildlife including but not
limited to bears, deer, mountain lion, coyotes, raccoons, opossum, mice, rats, skunks, squlrrets
or feral cats.
COUNCIL ACTION BEQUiRE®; Should the City Council concur with the recommendation,
the appropriate action would be:
A motion to introduct, and read by title only Ordinance- No,. 2000-23 relatfttg to
feeding, of specific wildlife.
Res ctfully sub itte
Jo eph A. Santoro
Chief of Police
Ftk3-YY-k01 14:2.3 tmum; NVNRVV IM VUL.1%.a vars. tu: 1o¢oaoMWW-
Violation of the new law is a non-criminal infraction that carries a 100-dollar fine for the
first violation, 200-dollar and 500-dollar fines for subsequent violations in a 12-month
period.
Contact: Sergeant. Steve Cofield, Community Policing (626) 256-8020
City Council Agenda Report
®rdinanm #2000-23
riEB-27-01 14:23 FRON=NONROVIA POLICE DEPT. IU: 1U2u2bt2woZb rra,c oi~
laltY 01 MU.N KUV lA l~ft~f
POLICE DEPARTMENT
August 9, 2000
Dear Residents,
Recently we have received information that residents. on the north end of
Monrovia have been feeding the bears and other wildlife. This is a violation of
State of California Fish and Game Ordinances- Fish and Came has been made
aware of the violations and may start issuing citations to residents.
On the back of thi& iettar.is_ information on howharmful it_Is-ta feed wildlife.
Please make every effort to prevent wildlife from corning in to areas to feed. If
you.are aware of any resident that .is feeding.wildlife please c ontactme at_626-
256-8024,. Monday through Thursday,.between 8:00 AM to 5:30 PM.
We would like to thank you in advance for your assistance.
Sincerely,
D.L. Percy
Police Officer
Community Policing/Crime Prevention
140 East Lime Avenue Monrovia, California 91016-2888 (626) 256-8000
kGti-2'/-101 lH:YS rlcun wvwrcvvah rU&.I%.r. L/Lrl. A"; &=a ao----
r eeding wildl ye is Harmjid
An animal's sunival depends on its aNlity to make use of natural foods
llrrjoptunr e ► M any FP e U; . "IC 6 d wildHJ-
Wildlife quickly learns_that people who provide food are not threatening.
When fed, they lose their fear of people and develop unnatural behaviors and
habits, which result in conflicts with humans. Human-animal conflicts
almost always end-with the, animal's death.
Wildlife that have losttheiznatural fear ofhumans are more likely to cause
nuisance problems. Feeding wildlife attracts them to residential areas,
exposing them to harassment or attacks by family pets or other humans who
do not appreciate the visit
Handouts of food, even those we consider to be healthy, rarely meet all the
nutritional needs of wildlife. In fact, handouts may cause many animals to
gather and remain in a small area. As a result wildlife deplete the healthy
natural foods in that area and must turn to less nutritious food to eat. By not
feeding wildlife, you help protect the health of the animals as well as their
food supply.
By feeding. animals. such as bears, raccoons, and opossums begin producing
more young due to this supplemental food supply, therefore increasing the
numbers of animals in the area creating an overpopulation for the area
resources.
Crowding and competition. for food, combined with the stresses of less
nutritious food, can increase the susceptibility of individual animals to
diseases and parasites.
Concentrating animals, such as bear, raccoons, foxes, and coyotes, by
feeding can spread diseases such as, distemper, mange and rabies. These
diseases result in a slow agonizing death for the infected animals. Many
wildlife diseases can be transmitted to pets, and some, such as rabies and
raccoon roundworms, to humans.
Most people believe they are helping the animals or simply enjoy the ability
to view wildlife in their backyards. Unfortunately this only increases the
animals chance of an early cruel death.
Protect our wildlife,
Do not feed them!
rVtki-'!'/-to a Ift:W% rMurs a n%j1VKVV AM rVLa%.M "C. a au= avcvcavvr/ca . 1./
U1ty of . MUN KUV lA
POLICE DEPARTMENT
Xa4oa' 0"'k, 'Q6now-M 93a
July 5, 2000
Dear Resident:
The spring season has arrived and the bears are awake and hungry. They have
already started to forage for food in the foothill communities and this is a friendly
reminder not to encourage them to look for food in our neighborhoods.
California Department of Fish and Game explains that food is the reason for the
increase in bears in neighborhoods. They believe Monrovia has ten times more
bear sightings than any other foothill city in the Los Angeles area. Bears are
extremely intelligent animals and they know where there are people, there will be
food. The bears wi11 continue to come down into our residential neighborhoods
as " as there is a food source.
We afl like the bears, however, we must work to keep them in the mountains
where they belong. We can accomplish this goal by securing the lids on
trashcans, picking up fallen fruits or avocados from trees and never leaving food
out to attract them. Although these are beautiful animals, we must never forget
they are not pets, but wild'animals. Bear behavior, whether good or bad, is
unpredictable and can vary greatly. The best way to avoid a tragedy with the
bears is to help prevent it.
if you see a bear, please contact the Monrovia Police Department immediately.
Our policy is to respond to all bear related calls. Once we arrive, our first priority
is to ensure the safety of the citizens and their property. The second priority is to
get the bear out of the neighborhood and back Into the mountain using every
safety precaution at our disposal.
If -a bear has been rummaging through your trash, the police department will loan
you a special "Bear-B-Gone" trash can that is baited with bacon and liquid
smoke. When the bear goes for the bait, it receives a burst of pepper spray. The
intent is to educate the bear that there is a negative consequence associated
with trashcans. The pepper spray does not harm the bear. The "Bear-&Gone`
is free and can be requested by calling Officer Dottie Percy at (626) 256-8024.
140 East Lime Avenue Monrovia, California 91016-2888 (626) 256'-8000
Y ~ ~GtS-G-/-101 lY~YY fKVa'1 ~a'1VIVRVVaM rVLa1..G VGr•. au~ aO~Oi ~OOYai~ rI1YG .7~.~
I am confident that by working together, we can take the necessary steps to
preserve wildlife in Monrovia, prevent unnecessary destruction of the bears and
at the same time, ensure that all Monrovians live in a safe environment.
Sincerely,
f~ . J"-4
Joseph A. Santoro
Chief of Police
JAS:dp