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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 ORDINANCES REPEALED. The following ordinances are hereby repealed: Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE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 Page 1 of 8 0 4.20.2010 ejh 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. Ord. No. 2010 Page 2 of 8 v7 4.20.2010 ejh 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. Ord. No. 2010 Page 3 of 8 0 4.20.2010 ejh (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 Page 4 of 8 v7 4.20.2010 ejh 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. Ord. No. 2010 Page 5 of 8 0 4.20.2010 ejh (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 Page 6 of 8 v7 4.20.2010 ejh 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 Page 7 of 8 v7 4.20.2010 ejh 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 Page 8 of 8 0 4.20.2010 ejh 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 Page 1 of 8 v7 4.20.2010 ejh 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 Page 1 of 8 v6 4.8.2010 ejh /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. Ord. No. 2010 Page 2 of 8 v6 4.8.2010 ejh 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. • Ord. No. 2010 Page 3 of 8 v6 4.8.2010 ejh r (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 Page 4 of 8 v6 4.8.2010 ejh 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. Ord. No. 2010 Page 5 of 8 v6 4.8.2010 ejh v • • • (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 Ord. No. 2010 Page 6 of 8 v6 4.8.2010 ejh A 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. [remainder of page intentional left blank — signature page follows] Ord. No. 2010 Page 7 of 8 v6 4.8.2010 ejh • 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 U 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 Ord. No. 2010 Page 8 of 8 v6 4.8.2010 ejh