TC Ord. No. 2010-07 Repealing & Renacting Avon Muni Code Chapter 8.32 Wildlife Protection RegulationsTOWN OF AVON, COLORADO
ORDINANCE NO. 10 -07
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING
AVON MUNICIPAL CODE CHAPTER 8.32
WILDLIFE PROTECTION REGULATIONS
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §31- 15- 401(b), the Town Council has the power to do all
acts and make all regulations which may be necessary or expedient for the promotion of health or
the suppression of disease; and
WHEREAS, the Town Council recognizes that the Town has a responsibility to protect its
citizens and the local wildlife by eliminating temptations that attract wildlife; and
WHEREAS, establishing regulations regarding the containment, disposal, and collection of
refuse and prohibiting the feeding of wildlife is an appropriate method to protect both its citizens
and local wildlife; and
WHEREAS, pursuant to C.R.S. §31 -16 -101, the Town Council has the power to provide for
enforcement of its ordinances by, among other means, fines of not more that one thousand
dollars; and
WHEREAS, the Town Council finds that enacting regulations that restrict wildlife's access
to any garbage, refuse, or food product and providing penalties for violating those regulations
will minimize the risk of dangerous interaction between humans and wildlife, and that therefore
the Town Council finds that passage of this Ordinance will promote and preserve the health,
safety, and welfare of the Avon community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are
incorporated herein by reference and adopted as findings and determinations of the Town
Council.
SECTION 2. ORDINANCES REPEALED. The following ordinances are hereby repealed:
Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING
PENALTIES FOR THE VIOLATION HEROF; Ordinance No. 06 -05, AN ORDINANCE
AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE
PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION
Ord. No. 2010
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HEROF; Ordinance No. 05 -07, AN ORDINANCE AMENDING TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF; and, Ordinance No. 04 -11, AN ORDINANCE AMENDING TITLE
8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF.
SECTION 3. REPEALED AND REENACTED. Chapter 8.32 of the Avon Municipal Code is
hereby repealed and reenacted in its entirety to read as follows:
"CHAPTER 8.32
Wildlife Protection
8.32.010 Purpose.
The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding
areas and to minimize the risk of dangerous interaction between humans and wildlife.
8.32.020 Definitions.
As used in this Chapter, the following words or phrases are defined as follows:
Attractant means any substance which could be reasonably be expected to attract wildlife or
does attract wildlife, including, but not limited to, food products, pet food, feed, compost, grain,
or salt.
Centralized refuse container means any dumpster or similar device used for the collection
and storage of solid waste.
Refuse means any waste that could reasonably attract wildlife including, but not limited to:
kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices,
seasonings, and grease.
Resident means any person, firm, corporation, or organization within the Town or on Town -
controlled land.
Residential refuse container means any trashcan or similar device used for the collection and
storage of solid waste as defined in Section 8.12.010 that is not deemed wildlife - resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special Event means a festival, fair, circus, concert, performance, race, vendor sales lot or
activity, or any other temporary activity using outdoor or indoor spaces approved or sponsored
by the Town and inviting the public to participate with or without charge, whether held on public
or private property.
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Town Manager means the Town Manager or designee responsible for enforcing the
provisions of this Chapter and to whom all enforcement personnel are responsible.
Wildlife means any undomesticated mammal, including, but not limited to, elk, deer, sheep,
lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats, and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such
as a dumpster. The lid must have a latching device of sufficient design and strength to prevent
access by wildlife. Wildlife -proof refuse containers must remain intact and functional for at least
thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife
Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a
wildlife -proof refuse container if it is certified as such by an official designated by the Town.
Wildlife- resistant enclosure means a fully enclosed structure consisting of four (4) sides and
a roof. The structure must have a latching device of sufficient design and strength to prevent
access by wildlife. The walls of the enclosure must extend to the ground and the door can have
no more than a 3/8 -inch gap along the bottom. Ventilation openings shall be kept to a minimum
and must be covered with a metal mesh or other material of sufficient strength to prevent access
by wildlife. Wildlife - resistant enclosures are subject to both the Building Code and the Zoning
Code of the Town of Avon. An enclosure of less than two hundred (200) square feet shall not
require a building permit but will require approval of a minor project application from the Town.
An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife -
resistant enclosure must be approved by an official designated by the Town.
Wildlife- resistant refuse container means a fully enclosed container of sturdy construction,
either plastic or any other material which meets the definition of refuse container Section
8.12.010 of this Code and which is reinforced to deter access by wildlife. The container must
have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife.
Wildlife- resistant refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation,
Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -
resistant refuse container if it is certified as such by an official designated by the Town.
8.32.030 Operation and maintenance of all refuse containers and enclosures.
(a) All refuse containers defined in this Chapter shall be kept closed and secured when refuse
is not being deposited. Any container which is so full as to prevent a container from latching as
designed is not a wildlife- resistant or wildlife -proof refuse container within the meaning of this
Chapter.
(b) Trash compactors may be in compliance with this Chapter so long as the lid of such
compactor is not exposed in such a manner as to permit access by wildlife. Compactor doors
must be kept closed at all times except when loading or removing refuse, and the area around the
compactor must be kept clean of refuse and debris.
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(c) If a container or enclosure is damaged such that it permits access by wildlife, repairs
must be made promptly and no later than twenty -four (24) hours after written notification from
the Town Manager or peace officers.
(d) All refuse containers that are placed at the curb, alley, or public right of way for
collection must have the residence street address and unit number permanently affixed to the
container with letters and digits no smaller than two inches in height.
8.32.040 Residential refuse disposal.
(a) All refuse containers that receive refuse or attractants as defined by this Chapter must be
either wildlife - resistant refuse containers or residential refuse containers. Residential refuse
containers must be securely stored within a house, garage, or wildlife - resistant enclosure.
(b) Residents with curbside pickup shall place their residential refuse containers out for
pickup at or after 6:00 a.m. on the morning of the pickup. After pickup, residential refuse
containers must be securely stored within a house, garage, or wildlife - resistant enclosure by the
end of the same day. If wildlife - resistant refuse containers are used, they may be placed out for
pickup after 6:00 a.m. on the day before pickup. After pickup, all wildlife - resistant refuse
containers must be secured in an appropriate manner before the end of the same day. If wildlife -
resistant refuse containers are placed curbside for pickup after 6:00 a.m. of the day before pickup
and such container is breached by wildlife, the resident or property owner may be required to
upgrade to a refuse container approved by an official designated by the Town or the wildlife -
resistant refuse container must be placed out for pickup at or after 6:00 a.m. of the morning of
the pickup.
(c) Other household waste that cannot reasonably be considered refuse or an attractant as
defined in this Chapter, including but not limited to, inedible yard maintenance waste, household
items, and cardboard, shall not require the use of wildlife - resistant or wildlife -proof refuse
containers when not commingled with refuse or any other attractant.
(d) Multi- family housing developments and other types of clustered residential housing
utilizing centralized refuse containers must use either a wildlife -proof refuse container or a
wildlife - resistant enclosure for all refuse and attractants. The container or enclosure shall be
kept closed in a secure manner except when refuse or attractants are being deposited. All
wildlife -proof refuse containers or wildlife- resistant enclosures shall post a conspicuous sign on
the container or enclosure which explains the proper usage of the container or enclosure. The
sign must provide sufficient information to remind residents of proper usage and be approved by
the Town of Avon Community Development Department and the Chief of Police prior to being
installed.
8.32.050 Special event refuse disposal.
Outdoor special event sites shall be kept free from the accumulation of refuse and attractants.
Refuse and attractants must be collected from such sites at the close of each day's activities and
shall be deposited into appropriate wildlife - resistant or wildlife -proof refuse containers or
Ord. No. 2010
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wildlife- resistant enclosures as provided in this Chapter, or shall be removed to an appropriate
disposal site.
8.32.060 Construction site refuse disposal.
All construction sites must have a designated refuse container that receives refuse or
attractants as defined by this Chapter. This container shall be a wildlife -proof refuse container.
8.32.070 Commercial refuse disposal.
All refuse containers receiving refuse and attractants from commercial establishments and
restaurants shall be wildlife -proof refuse containers or shall be secured in a wildlife- resistant
enclosure. Notwithstanding the forgoing, this requirement shall not apply to municipal refuse
containers which are emptied at the end of each day or multiple times per day.
8.32.080 Feeding wildlife prohibited.
(a) No person shall intentionally or unintentionally feed or provide food in any manner for
wildlife on public or private property within the Town. Persons will be considered to be in
violation of this Chapter if they leave or store any garbage, refuse, attractant, or food product in a
manner that would create an attraction for wildlife.
(b) No person shall leave or store any refuse, attractant, food product, pet food, grain, or salt
in a manner which would constitute a lure, attraction, or enticement for wildlife.
(c) Between the dates of April 15 and November 15, all bird 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.
(d) This Section shall not apply to:
(1) Any individual, company, or corporation that is duly licensed by the State or
otherwise entitled under law to possess a wildlife species.
(2) Any action that is officially sanctioned by the State that would require feeding,
baiting, or luring of wildlife. An example of one such action would be scientific projects
dealing with capturing and tagging wildlife.
(3) The feeding of wild birds, unless the bird feeder begins to attract other forms of
wildlife.
8.32.090 Enforcement
(a) The Town Manager and peace officers shall, in connection with their duties imposed by
law, enforce the provisions of this Chapter.
(b) The Town Manager and peace officers shall have the right to inspect, during reasonable
hours, any property in the Town concerning any wildlife matter or potential wildlife attractant.
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(c) The Town Manager and peace officers shall have the authority to issue a warning notice,
citation, summons, complaint, penalty assessment notice or other charging document in
accordance with Chapter 1.09 of the this Code to any person in violation of this Chapter
including, but not limited to, property owners, any designated property manager, any person in
charge or control of a property, or any person who failed to secure a container when depositing
refuse or attractants.
(d) A resident shall be deemed to have been issued an appropriate notice of violation if it is
personally served upon the resident posted on the resident's premises or placed in the U.S. Mail,
postage pre -paid, and addressed to the resident according to the last known address given by the
resident to any Town or County government department. If the identity of the resident is not
known, the entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any penalties assessed
pursuant to the same.
(e) In addition to the penalties outlined herein, upon order of the Town Manager or a peace
officer, violators will be required to perform all necessary actions to remove or abate attractions
to wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food,
cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife - resistant
refuse containers, wildlife -proof refuse containers, or wildlife - resistant enclosures.
8.32.100 Penalties.
(a) The graduated fine schedule for the penalty assessment
procedure is as follows: Penaltv
Violation
$100 to $250 fine
First violation.
$250 to $1,000 fine
Each successive
violation within twelve
(12) months of the
previous violation.
EE
SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION S. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
Ord. No. 2010
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to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause, or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 7. SAFETY CLAUSE. The Town Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 8. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be
construed to release, extinguish, alter, modify, or change in whole or in part any penalty,
liability, or right or affect any audit, suit, or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing which may
have been incurred or obtained under any ordinance or provision hereby repealed or amended by
this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by
this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any
and all proper actions, suits, proceedings, and prosecutions, for the enforcement of such penalty,
liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, or proceedings, or prosecutions imposing, inflicting, or declaring such
penalty or liability or enforcing such right, and shall be treated and held as remaining in force for
the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
SECTION 9. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[remainder of page intentional left blank — signature page follows]
Ord. No. 2010
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27,
2010, at the Co Chambers of the
Colorado,
lI Avon Municipal Building, located at 1 Lake Street, Avon,
o 0.
SEAL
Published b east three public places in Town and posting at the office of the Town
Clerk at least seven
MvSior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Eric Heil, Town Attorney
'ROVED, AND PASSED
ORDERED PUBLISHED BY POSTING on April 27 2010.
�1N OF q jjo
ti
:SEAL,:
Publishe by. posting by ti
office of t Town Clerk:
�4�ORA�O�
ATTEST: �"'
Ord. No. 2010
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ON SECOND READING, AND
Ronald C. Wolfe, Mayor
at least three public places in Town and posting by title at the
1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Jamison, Police Service Officer
Date: April 22nd, 2010
Re: Revised Wildlife Ordinance, No 10 -07, Series of 2010, Second Reading
Summary: The revision of this ordinance will give a clearer understanding to residents, property
managers, commercial business owners and guests as to their responsibilities in protecting and
maintaining wildlife in the Town of Avon. It will also assist in minimizing the risk of dangerous
interactions between humans and wildlife.
This is the second reading and there will be a public hearing.
Background: Avon Municipal Code 8.32, Wildlife Protection, currently defines Residential Refuse
Disposal as all residential refuse containers that receive garbage and /or refuse edible by wildlife.
These containers must either be wildlife resistant, wildlife proof or be kept in a fully enclosed
structure.
The current ordinance has not addressed commercial or multi - family housing units or the
responsibilities of the property owners or property managers. Therefore it has been difficult to seek
is compliance and /or enforce violations without better definitions in the ordinance.
Discussion:
This ordinance revision better defines:
• Wildlife proof containers vs. wildlife resistant refuse containers.
• Residential refuse disposal to include multi housing developments and other types of
clustered residential housing utilizing centralized refuse containers.
• Commercial refuse disposal.
• The maintenance and operation of all refuse containers and enclosures
• The roles and responsibilities of property managers. property owners, any designated
property manager, any person in charge or control of a property, or any person who failed to
secure a container when depositing refuse or attractants.
Financial Implications: The revised Wildlife Ordinance does not have any fiscal implications.
Recommendation: Staff recommends adoption of the revised Wildlife Ordinance which applies
specific definitions for multi - family housing developments and dictates appropriate maintenance and
operation of all refuse containers and enclosures.
Recommended Motion: I move to adopt the revised Wildlife Ordinance.
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -07
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING
AVON MUNICIPAL CODE CHAPTER 8.32
WILDLIFE PROTECTION REGULATIONS
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §31- 15- 401(b), the Town Council has the power to do all
acts and make all regulations which may be necessary or expedient for the promotion of health or
the suppression of disease; and
WHEREAS, the Town Council recognizes that the Town has a responsibility to protect its
citizens and the local wildlife by eliminating temptations that attract wildlife; and
WHEREAS, establishing regulations regarding the containment, disposal, and collection of
refuse and prohibiting the feeding of wildlife is an appropriate method to protect both its citizens
and local wildlife; and
WHEREAS, pursuant to C.R.S. §31 -16 -101, the Town Council has the power to provide for
enforcement of its ordinances by, among other means, fines of not more that one thousand
dollars; and
WHEREAS, the Town Council finds that enacting regulations that restrict wildlife's access
to any garbage, refuse, or food product and providing penalties for violating those regulations
will minimize the risk of dangerous interaction between humans and wildlife, and that therefore
the Town Council finds that passage of this Ordinance will promote and preserve the health,
safety, and welfare of the Avon community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED.
incorporated herein by reference and adopted
Council.
The above and foregoing recitals are
as findings and determinations of the Town
SECTION 2. ORDINANCES REPEALED. The following ordinances are hereby repealed:
Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING
PENALTIES FOR THE VIOLATION HEROF; Ordinance No. 06 -05, AN ORDINANCE
AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE
PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION
Ord. No. 2010
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f
•
•
J
•
•
•
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Greg Daly, Interim Police Chief
From: Eric Heil, Town Attorney
Matt Jamison, Police Service Officer
Date: April 8th, 2010 #4
Re: Revised Wildlife Ordinance, No 10 -07, Series of 2010,
Summary: The revision of this ordinance will give a clearer understanding to residents, property
managers, commercial business owners and guests as to their responsibilities in protecting and
maintaining wildlife in the Town of Avon. It will also assist in minimizing the risk of dangerous
interactions between humans and wildlife.
Background: Avon Municipal Code 8.32, Wildlife Protection, currently defines Residential Refuse
Disposal as all residential refuse containers that receive garbage and /or refuse edible by wildlife.
These containers must either be wildlife resistant, wildlife proof or be kept in a fully enclosed
structure.
The current ordinance has not addressed commercial or multi - family housing units or the
responsibilities of the property owners or property managers. Therefore it has been difficult to seek
compliance and /or enforce violations without better definitions in the ordinance.
Discussion:
This ordinance revision better defines:
• Wildlife proof containers vs. wildlife resistant refuse containers.
• Residential refuse disposal to include multi housing developments and other types of
clustered residential housing utilizing centralized refuse containers.
• Commercial refuse disposal.
• The maintenance and operation of all refuse containers and enclosures
The roles and responsibilities of property managers. property owners, any designated
property manager, any person in charge or control of a property, or any person who failed to
secure a container when depositing refuse or attractants.
Financial Implications: The revised Wildlife Ordinance does not have any fiscal implications.
Recommendation: Staff recommends adoption of the revised Wildlife Ordinance.
Recommended Motion: I move to adopt the revised Wildlife Ordinance.
Town Manager
It
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -07 •
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING
AVON MUNICIPAL CODE CHAPTER 8.32
WILDLIFE PROTECTION REGULATIONS
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §31- 15- 401(b), the Town Council has the power to do all
acts and make all regulations which may be necessary or expedient for the promotion of health or
the suppression of disease; and
WHEREAS, the Town Council recognizes that the Town has a responsibility to protect its
citizens and the local wildlife by eliminating temptations that attract wildlife; and
WHEREAS, establishing regulations regarding the containment, disposal, and collection of
refuse and prohibiting the feeding of wildlife is an appropriate method to protect both its citizens
and local wildlife; and
WHEREAS, pursuant to C.R.S. §31 -16 -101, the Town Council has the power to provide for •
enforcement of its ordinances by, among other means, fines of not more that one thousand
dollars; and
WHEREAS, the Town Council finds that enacting regulations that restrict wildlife's access
to any garbage, refuse, or food product and providing penalties for violating those regulations
will minimize the risk of dangerous interaction between humans and wildlife, and that therefore
the Town Council finds that passage of this Ordinance will promote and preserve the health,
safety, and welfare of the Avon community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are
incorporated herein by reference and adopted as findings and determinations of the Town
Council.
SECTION 2. ORDINANCES REPEALED. The following ordinances are hereby repealed:
Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING
PENALTIES FOR THE VIOLATION HEROF; Ordinance No. 06 -05, AN ORDINANCE
AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE
PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION •
Ord. No. 2010
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/I
HEROF; Ordinance No. 05 -07, AN ORDINANCE AMENDING TITLE 8, AVON
• MUNICIPAL CODE, RELATING TO THE REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF; and, Ordinance No. 04 -11, AN ORDINANCE AMENDING TITLE
8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF.
SECTION 3. REPEALED AND REENACTED. Chapter 8.32 of the Avon Municipal Code is
hereby repealed and reenacted in its entirety to read as follows:
"CHAPTER 8.32
Wildlife Protection
8.32.010 Purpose.
The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding
areas and to minimize the risk of dangerous interaction between humans and wildlife.
8.32.020 Definitions.
As used in this Chapter, the following words or phrases are defined as follows:
• Attractant means any substance which could be reasonably be expected to attract wildlife or
does attract wildlife, including, but not limited to, food products, pet food, feed, compost, grain,
or salt.
Centralized refuse container means any dumpster or similar device used for the collection
and storage of solid waste.
Refuse means any waste that could reasonably attract wildlife including, but not limited to:
kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices,
seasonings, and grease.
Resident means any person, firm, corporation, or organization within the Town or on Town -
controlled land.
Residential refuse container means any trashcan or similar device used for the collection and
storage of solid waste as defined in Section 8.12.010 that is not deemed wildlife - resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special Event means a festival, fair, circus, concert, performance, race, vendor sales lot or
activity, or any other temporary activity using outdoor or indoor spaces approved or sponsored
by the Town and inviting the public to participate with or without charge, whether held on public
or private property.
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b
Town Manager means the Town Manager or designee responsible for enforcing the
provisions of this Chapter and to whom all enforcement personnel are responsible. •
Wildlife means any undomesticated mammal, including, but not limited to, elk, deer, sheep,
lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats, and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such
as a dumpster. The lid must have a latching device of sufficient design and strength to prevent
access by wildlife. Wildlife -proof refuse containers must remain intact and functional for at least
thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife
Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a
wildlife -proof refuse container if it is certified as such by an official designated by the Town.
Wildlife- resistant enclosure means a fully enclosed structure consisting of four (4) sides and
a roof. The structure must have a latching device of sufficient design and strength to prevent
access by wildlife. The walls of the enclosure must extend to the ground and the door can have
no more than a 3/8 -inch gap along the bottom. Ventilation openings shall be kept to a minimum
and must be covered with a metal mesh or other material of sufficient strength to prevent access
by wildlife. Wildlife - resistant enclosures are subject to both the Building Code and the Zoning
Code of the Town of Avon. An enclosure of less than two hundred (200) square feet shall not
require a building permit but will require approval of a minor project application from the Town.
An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife -
resistant enclosure must be approved by an official designated by the Town.
Wildlife- resistant refuse container means a fully enclosed container of sturdy construction, •
either plastic or any other material which meets the definition of refuse container Section
8.12.010 of this Code and which is reinforced to deter access by wildlife. The container must
have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife.
Wildlife- resistant refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation,
Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -
resistant refuse container if it is certified as such by an official designated by the Town.
8.32.030 Operation and maintenance of all refuse containers and enclosures.
(a) All refuse containers defined in this Chapter shall be kept closed and secured when refuse
is not being deposited. Any container which is so full as to prevent a container from latching as
designed is not a wildlife - resistant or wildlife -proof refuse container within the meaning of this
Chapter.
(b) Trash compactors may be in compliance with this Chapter so long as the lid of such
compactor is not exposed in such a manner as to permit access by wildlife. Compactor doors
must be kept closed at all times except when loading or removing refuse, and the area around the
compactor must be kept clean of refuse and debris.
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(c) If a container or enclosure is damaged such that it permits access by wildlife, repairs
• must be made promptly and no later than twenty -four (24) hours after written notification from
the Town Manager or peace officers.
(d) All refuse containers that are placed at the curb, alley, or public right of way for
collection must have the residence street address and unit number permanently affixed to the
container with letters and digits no smaller than two inches in height.
8.32.040 Residential refuse disposal.
(a) All refuse containers that receive refuse or attractants as defined by this Chapter must be
either wildlife- resistant refuse containers or residential refuse containers. Residential refuse
containers must be securely stored within a house, garage, or wildlife - resistant enclosure.
(b) Residents with curbside pickup shall place their residential refuse containers out for
pickup at or after 6:00 a.m. on the morning of the pickup. After pickup, residential refuse
containers must be securely stored within a house, garage, or wildlife- resistant enclosure by the
end of the same day. If wildlife - resistant refuse containers are used, they may be placed out for
pickup after 6:00 a.m. on the day before pickup. After pickup, all wildlife - resistant refuse
containers must be secured in an appropriate manner before the end of the same day. If wildlife -
resistant refuse containers are placed curbside for pickup after 6:00 a.m. of the day before pickup
and such container is breached by wildlife, the resident or property owner may be required to
upgrade to a refuse container approved by an official designated by the Town or the wildlife-
resistant refuse container must be placed out for pickup at or after 6:00 a.m. of the morning of
the pickup.
(c) Other household waste that cannot reasonably be considered refuse or an attractant as
defined in this Chapter, including but not limited to, inedible yard maintenance waste, household
items, and cardboard, shall not require the use of wildlife - resistant or wildlife -proof refuse
containers when not commingled with refuse or any other attractant.
(d) Multi - family housing developments and other types of clustered residential housing
utilizing centralized refuse containers must use either a wildlife -proof refuse container or a
wildlife- resistant enclosure for all refuse and attractants. The container or enclosure shall be
kept closed in a secure manner except when refuse or attractants are being deposited. All
wildlife -proof refuse containers or wildlife- resistant enclosures shall post a conspicuous sign on
the container or enclosure which explains the proper usage of the container or enclosure. The
sign must provide sufficient information to remind residents of proper usage and be approved by
the Town of Avon Community Development Department and the Chief of Police prior to being
installed.
8.32.050 Special event refuse disposal.
Outdoor special event sites shall be kept free from the accumulation of refuse and attractants.
Refuse and attractants must be collected from such sites at the close of each day's activities and
shall be deposited into appropriate wildlife- resistant or wildlife -proof refuse containers or
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wildlife - resistant enclosures as provided in this Chapter, or shall be removed to an appropriate
disposal site.
8.32.060 Construction site refuse disposal.
All construction sites must have a designated refuse container that receives refuse or
attractants as defined by this Chapter. This container shall be a wildlife -proof refuse container.
8.32.070 Commercial refuse disposal.
All refuse containers receiving refuse and attractants from commercial establishments and
restaurants shall be wildlife -proof refuse containers or shall be secured in a wildlife - resistant
enclosure. Notwithstanding the forgoing, this requirement shall not apply to municipal refuse
containers which are emptied at the end of each day or multiple times per day.
8.32.080 Feeding wildlife prohibited.
(a) No person shall intentionally or unintentionally feed or provide food in any manner for
wildlife on public or private property within the Town. Persons will be considered to be in
violation of this Chapter if they leave or store any garbage, refuse, attractant, or food product in a
manner that would create an attraction for wildlife.
(b) No person shall leave or store any refuse, attractant, food product, pet food, grain, or salt
in a manner which would constitute a lure, attraction, or enticement for wildlife.
(c) Between the dates of April 15 and November 15, all bird 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.
(d) This Section shall not apply to:
(1) Any individual, company, or corporation that is duly licensed by the State or
otherwise entitled under law to possess a wildlife species.
(2) Any action that is officially sanctioned by the State that would require feeding,
baiting, or luring of wildlife. An example of one such action would be scientific projects
dealing with capturing and tagging wildlife.
(3) The feeding of wild birds, unless the bird feeder begins to attract other forms of
wildlife.
8.32.090 Enforcement
(a) The Town Manager and peace officers shall, in connection with their duties imposed by
law, enforce the provisions of this Chapter.
(b) The Town Manager and peace officers shall have the right to inspect, during reasonable
hours, any property in the Town concerning any wildlife matter or potential wildlife attractant.
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(c) The Town Manager and peace officers shall have the authority to issue a warning notice,
• citation, summons, complaint, penalty assessment notice or other charging document in
accordance with Chapter 1.09 of the this Code to any person in violation of this Chapter
including, but not limited to, property owners, any designated property manager, any person in
charge or control of a property, or any person who failed to secure a container when depositing
refuse or attractants.
•
(d) A resident shall be deemed to have been issued an appropriate notice of violation if it is
personally served upon the resident posted on the resident's premises or placed in the U.S. Mail,
postage pre -paid, and addressed to the resident according to the last known address given by the
resident to any Town or County government department. If the identity of the resident is not
known, the entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any penalties assessed
pursuant to the same.
(e) In addition to the penalties outlined herein, upon order of the Town Manager or a peace
officer, violators will be required to perform all necessary actions to remove or abate attractions
to wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food,
cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife - resistant
refuse containers, wildlife -proof refuse containers, or wildlife - resistant enclosures.
8.32.100 Penalties.
(a) The graduated fine schedule for the penalty assessment
procedure is as follows: Penal
Violation
$100 to $250 fine
First violation.
$250 to $1,000 fine
Each successive
violation within twelve
(12) months of the
previous violation.
41
SECTION 3. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
• the invalid provision or application, and to this end the provisions of this Ordinance are declared
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to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional •
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause, or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION S. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 7. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be
construed to release, extinguish, alter, modify, or change in whole or in part any penalty,
liability, or right or affect any audit, suit, or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing which may
have been incurred or obtained under any ordinance or provision hereby repealed or amended by
this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by
this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any •
and all proper actions, suits, proceedings, and prosecutions, for the enforcement of such penalty,
liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, or proceedings, or prosecutions imposing, inflicting, or declaring such
penalty or liability or enforcing such right, and shall be treated and held as remaining in force for
the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
SECTION 8. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
• AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27,
2010, at the Council Chambers of the Avon Municipal Building, located at 1 Lake Street, Avon,
Colorado, on April 13, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on April 27, 2010.
• Ronald C. Wolfe, Mayor
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Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
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