HomeMy WebLinkAbout2002-19 Establishing Regulations and Standards Regarding the Protection of Wildlife. • •
ORDINANCE NO. 19
SERIES 2002
AN ORDINANCE ESTABLISHING REGULATIONS AND STANDARDS REGARDING THE PROTECTION
OF WILDLIFE AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the
Town of Vail, and the wildlife indigenous to this valley, would be enhanced and promoted by the adoption of
this ordinance; and
WHEREAS, maintaining a sustainable wildlife and bear population in the Vail Valley depends upon
minimizing human conflicts with bears and other forms of wildlife; and
WHEREAS, The Council finds that the feeding of wildlife within the Town of Vail constitutes a
menace to property and to the health, welfare, peace and safety of the citizens of Vail; and
WHEREAS, human refuse provides an abundant yet unhealthy supply of food for wildlife, which
supports artificially high populations and places an additional strain on the supply of naturally occurring
foods; and
WHERI=AS, reported human-bear conflicts have dramatically increased over the past twelve {12}
months; and
WHEREAS, adapting regulations for proper storage of food or refuse edible by bears and other
forms of wildlife has been proven to reduce conflicts between humans and wildlife.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vaif, Colorado, that:
Title 5 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 9, "Wildlife
Protection," to read as follows;
Section 1. Purpose
The purpose of this Chapter 9 is to protect and maintain wildlife in the Town of Vail and surrounding
areas and to minimize the risk of dangerous interaction between humans and wildlife.
Section 2. Definitions
A. Wildlife -Any undomesticated animal, including but not limited to elk, deer, sheep, lynx,
skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes.
B. Resident -Any person, firm, corporation or organization within the Town of Vail ar on Town
controlled land.
Section 3. Residential Refuse Disposal
A. All residential refuse containers that receive garbage andlor refuse edible by wildlife must
be secured in a manner that does not create an attraction for wildlife.
B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or
public right-of-way at or after 6:00 a.m. on the morning of pickup. After pickup, the
containers must be re-secured in an appropriate manner by 7;00 p.m.
Ordinance 19, Series of 2002
• • •
Section 4. Special event Refuse Disposal
Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife.
Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into
appropriate containers ar enclosures or be removed to an appropriate disposal site.
Section 5. Construction Site Refuse Disposal
All construction sites must have a designated container that receives refuse edible by wildlife. The
refuse in this container shall be emptied a# the end of each workday and deposited into appropriate
containers or enclosures or be removed to an appropriate disposal site.
Section 6. Feeding of 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 of Vail. A person will be considered to
be in violation of this ordinance if they leave or store any garbage, refuse or food product in
a manner that would create an attraction for wildlife.
B. No person shall leave or store any refuse, food product, pet food, grain or salt in a manner
which would constitute a lure, attraction or enticement for wildlife.
C. laird feeders are allowed. However between the dates of April 15th and November 15th, 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. Exceptions: This regulation shall not apply to: 1) Any individual, company or corporation
that is duly licensed by the State of Colorado or otherwise entitled under law to possess a
wildlife species; 2) Any action that is officially sanctioned by the State of Colorado 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 feed begins to attract other forms of wildlife.
Section 7'. Enforcement
Town of Vail Police and Cade Enforcement officers shall have the power to issue a warning
notice or a summons and complaint to any person in violation of this Chapter 9.
Section 8. Penalty Assessment
Violation of any provision of this chapter by any person, firm or corporation, whether
as owner or occupant, shall be handfed in the following manner:
A. First Violation: The first violation of this Chapter will result in a Notice of Violation to an
alleged offender. The alleged offender wilt be warned and informed of the proper
precautions necessary to prevent the feeding of wildlife and the necessary actions to meet
the provisions of this Chapter, which may include buff are not limited to: removal of wildlife
attractants, time limits for the placement of curbside refuse containers, and use of bear
resistant refuse containers. Said notice shall include a reasonable time schedule for
compliance. An alleged offender who timely complies with the fiirst Notice of Violation will
not be subject to the penalty provisions of this Chapter.
Ordinance 19, Series of 2002
•
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B. Second Violation: The second violation of this Chapter will result in another Notice of
Violation, as well as a Summons and Complaint. Two Notices of Violation within a twelve
{12} month period will subject the violator to khe penalty provisions of this Chapter. Failure
to comply with the first Notice of Violation within the designated time frame may be deemed
a second violation. The second Notice of Violation shall include a compliance schedule
when applicable.
C.
Section 9.
A.
B
C
Section 10.
Subsequent Violation(s): Offenders who have violated this Chapter more than two times
within a twelve (12) month period or continue to fail in achieving timely compliance with a
previous notice will be subject to a graduated fine schedule as set forth herein.
Penalties
The graduated fine schedule for the penalty assessment procedure is as follows:
Warning far the first violation.
$100 to $250 fine for the second violation within twelve {12) months of the
first violation, or failure to comply with the designated
compliance schedule associated with the first violation,
$250 to $999 fine for each successive violation within twelve {12} months of
the previous violation, or failure to comply with the
designated compliance schedule associated with the
second or subsequent violation.
Any Town of Vail Police or Code Enforcement Officer shall have the authority to issue
Notices of Violation, summonses and complaints far violation of any provision of this
Chapter.
in addition to the criminal enforcement set forth above, The Town of Vail may seek
injunction, mandamus, or other appropriate civil relief to enforce the provisions of this
Chapter.
Violator's Responsibilities
In addition to the penalties outlined herein, violator's will be required to perform aR necessary
actions to remove or abate attractants of wildlife. This may include, but shall not be limited to: the removal
of bird feeders or pet food, cleaning or appropriate storage of barbecue grills, andlor the required use of
wildlife resistant containers andlor wildlife proof containers.
Section 11. Notice of Violation
A resident sha11 be deemed to have been issued an appropriate Notice of Violation if it is personally
served upon the resident, posted on the resident's premise, or placed in the U.S. Mail, postage prepaid and
addressed to the resident according to the last known address given by the resident to any Town of Vail or
Eagle County government department. If the identity ofi the resident is not known, the entity responsible far
paymenk 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.
Section 12.
If any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held
Ordinance 19, Series of 2002
~ . •
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the
Town Council hereby declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact thak any ane or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 13.
The Town Council hereby finds, determines, and declares that this ordinance is necessary and
proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 14.
The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail
as provided in this ordinance shall nat affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The
repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 15.
All bylaws, orders, resolutions, and ordinances, ar parts thereof, inconsistent herewith are repealed
to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order,
resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISWED ONCE IN FULL ON FIRST
READING this 6th day of August, 2002 and a public hearing shall be held on this Ordinance on the 20th day
of August, 2002, at 7:30 p. m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATT T;
o~~ ~~
orele' Donaldson, Town
~N ®F yam! --,
~~^~ J
~~ A T Ludwig Kurz, I~I~yor
a. ..
Ordinance 19, Series of 2002 ~
•
• •
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL
this 20th day of August, 2002
ATTEST;
t
_ D D~
r ei na dson,
~F~~~M
~~~~~ ~~
~ ~~
~~RA~
Town Clerk
~~
Ludwig Kurz, ayor
Ordinance 79, Series of 2002
~N_
STATE OF COLORADO
COUNTY OF EAGLE
394
PROOF OF PUBLICATION
SS.
urtuttvanc~ tuu. is
SERIES 2
AN ORDINANCE EST G t3EGt1LP,•
TIONS AND STANDARDS ARDING THE
PROTECTION OF wILDCIFE AND SETTING
FORTH DETAILS IN REGARD THERETO.
1, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that tho same daily newspa-
per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly
in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the
United SEates mails as a periodical under the provisions of the Act of March 3, 1879, or any amend-
mentsthereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the pericd of .....~........ consecuti insertions; and that the #irst
publication of said notice was in the issue of said newspaper dated .. .. ~...~~ ................
A.D...... .~..... and that the last publication of said notice was in the issue of said newspaper
dated,. .,..~... A. D........... ~'~!~ ~.
In witness whereof I have hereunto set my hand this .....~.~... day of .................................iG~~~
Publisher
Subscribed and worn to before e a notary pubic in and #or the County of Eagle, State of Colorado,
this ..............I~.:... day of ... ~ ~~~
Notary Public
My Commission expires ......... ~... J..~
wHEREAS, It is the Tawn Council's opinion that
the health, safely' and welfare of Elie citizens of the
Town of Vail, and the wildlife indigenous to this. val-
ley, -would .be enhanced and promoted by fife
adoption of this ordinance; and
WHEREAS, maintalnfhg a sustainable wildlife and
bear population in the Vail Valley depends upon
minimizing human conflicts with bears and oilier
forms of wildlife; and
wHEREAS, The Connell finds that the feeding of
wildlife whhin ilia Town of Vafl constitutes a men-
ace to property and to the health,. welfare, peace
and safe o1 the citizens of Vail; and -- _ s
WHEREAS, human refuse, provides are $buridant
yet unhealthy supply offgod for wildlife, whicfidup-
ports artltlcielly high populations and placos~ en ad-
ddlonal strain on the supply of naturally occurfmg
foods; ahd
WHERt=AS 'reported human f
~conBicts ~have.dramatrcally Increased over Elie p, aY
fwehre (12) months; and
WHER A adopting regutations fo"r:prdper stor•
age of food or refuse edible by bears and other
forms of wildlife has bean proven to reduce con-
flicts between humans and wildtife:
NOW, THEREFORE, be it ordained by. the Town
-0ouncil of the Town of Vail, Colorado, brat:
Title 5 of the Municipal Code of the Town of Vail is
hereby amended by the addition of Chapter 9,
"wildlife Protection," to read as follows:
Section 1. Purpose
The purpose of this Chapter 9 is to protect and
mainlam wildlife in the Town of Vsil and surround-
ing areas and to minimize the risk of dangerous In-
teractionbetween humans and wildlife.
Section 2. Definitioha
A. wildlife -Any undomesticated anlmat, inclnding
bat not I€mited to elk, dear, sheep, lynx, skunks,
bears, raccoons, coyotes, beavers, poroupines,
mountain lions, babcata and foxes.
B. Resident -Any person, firm, corporelion or or•
ganfzation within the Town of Vail or. on Town con-
trolledland.
Section 3. Residential Refuse Disposal
A. All residential refuse ooMalners that
receive garbage and/or refuse edible by wildtife
must be secured in a manner that does not create
an attraction for wildlife.
g. Residents: with. curbside pickup shall-
place Ehelr reiuso containers at the curb, alley, or
public right-of•way at or after 8:00 a.m. on the
morning of pickup. After pickup, the containers
must be re-secured in an approprrate manner by
. 7;0n p.m.
Seofion 4. Special Event Refuse Disposal..
Outdoor special event sites shall be kept free from
the accumulation of refuse edible by wildlife. Re-
fuse must be cotlected from the grounds at the
close of each day's activities and shall lie depd§iF-
ed info appropriate containers or enclosures or bo
removed to an appropriate dlsposal~site.
-Section 5.- Construction Site Refuse Disposal
AN construction sites must have a
designatod container that receives refuse edible by.
wildlife. The refuse in this container shall be emp-
tied at the end of each workday and deposited into
appropriate containers. or anctosures or be re-
moved 1o an:appropriate disposal site.
Section e. Feediing of Wildlife Prohibited
A. No person shelf intenllonally or unin-
tentionally feed or provide food in any manner tar
wildlife on public or :private property within the
Town of Vail. A parson will ba considered to be in
vi6latidn of this ordinance if they leave or stare any
garbage, refuse or food product.in a manner that
would create an adractlAn for wildlifez
B. No person shall leave or store any re-
fuse, food product, pet food, grain or salt ima man-
ner which would constitute a lure, attraction or en-
ticementfor wildlife.
C. Bird feeders are allowed. However
between the dates o1.Aprll 15th and November
15th, all bird feeders must-be suspended on a ca-
ble or otherdevica so that theeyy ere Inaxessible.to-
dears ahd the area,beloW the feeders must fie kept'.
free from the accitmulattort-oLs~&d~t~rc
p. ~ Excapibns; Th(e~p pragu€etfon shall pat
hapiyH ~ty kwrlnaed ~ Fhe~Bdateyo°rOolo~d41 or
o115erwlae entltlsd under law ppoosaseees s wttdllia aqa.
clrw; 2} Any action that is ofildally aanafloned by ,
the State of Cofgrado that would raqulre feedlh~,
8 t~t'~pttcnuwou€dtebe~ieylerttRW ~~adeallrnrgp
of wild bird unless that bird tee€d ~ na to e~raot
other forma o1 wildlife.
Section 7. Enfarcemenl
Town of Vail Police and Cade En-
farrsament officers ehaN have the power ka €ssua e
wernln notice or a summons and complaint to arty
ppereon~n vlolation o! this Chapter 9.
5ectlon 8. Penetty AeseaemenC
Vialat€on of any provlslon of thla chapter by any
poreon, firm or corporatlon, whether
as owner or occupant, shah be handled In the fal-
Icwing manner:
A, FlretVloletlon: Tha tlret
vi-
olatlon o1 this Ghapter.wllt result In a Notlce of Vic-
latlon to an eltegsd offender. The alleged offender
will be warned and informed of the proper precay-
fions necessary to prevent the feeding oT wildlife ,
and the necessary actions to meat the provlslone
of This Chapter, which may include bu[ are not lim-
bed to: removal of wlldllfe attractants, lima Ilmhs for
the placement of curbside refuse containers, and
use of hear reeistent refuse cantalnera. Said no•
tlce shell include a reasonable time schedule tar
compliance. An alleged offender who timely com-
plies with the Arat Notlce of V€olatlon will not ba
subJact to the penalty proofs€ona of thle Chapter.
B. Second Violation: Tha second vlola-
tion of [hie Chapter .will result in another Notice of
Viglatlon, as welt as a 5ummana end Comply;nt.
'Roo N4Hces of Viglatlon within a twelve (12j month
period will subleatlhe violator to the penalty pprovi•
sicne of this Chapptter. FaOure to comply with the
11rei Notlce of V€olatlon wlChin .the de~lgg~ated time "
frame may be deemed. a second vlolation. The
second Notice o! V€olatlon shall include a compli-
ance sohedule when applicahle•
C. Subsequent. VlaleNon(s): Offenders
who have vlofated this Ghaptar more Than two
times wllhln a twatve (i2} month period or conk€nue
to fail In acnlev€ng timely compllence with a revl-
ous not€ce wikl 6e aebJeci to a graduated fine
echedgla ae sat forth heraln.
Section ra. P9naltles
A, Tha graduated f€ne schedule for the penalty as-
sessmentprocedure le as tgllows:
Waming for thelirsl vlolatton.$f 00 to $250 fine -
for the eeoond vlolat€on wlthln twelve (12) months
of the brat vlolation, qr labors to complyy with the
de~lgg~ated eompliance schedule associated with
the flrat vlolatipn. $250 to $$$9 fine for each
suooaeslve violation w{thin twelve {12j months of
the previqua vlolation, or (allure. to campy with the
deelgnated campplIlance achsilufe associated with
the second or subsequent vlolation.
Viglatlon, summonses end eoinplalnls for violation
of any provlaton.ot this;Chapter. `_
C, In addition to.-the cdmlhal en[orcement set forth
shoos, The -Town o1 Vail may -soak Irslynctlon,
mandamus, cY oingr-eppraprlate l:Ivil relitaf to en-
force iris pprovfslons of tlils [Ynaptar. -
Sectlon 10. Vlalslar's Resporialbllitlsa -
in add€ilon to the Ppehaltiea outlined
.herein, vFclator's wilt be required {o perform aft nee-
eseary acllone fo remove or abate attractantB of
wltdhfe. Thla ma Include; but shaA not be Ilmlted
tq: Eha removal of bird feeders or pet food, eieaning
or approppdata storage of ba ua grlSls, andlor
the required -use -oi witdlite reafstani containers
andlar wlldlite pproof contalnara.
Saoilon 11. Notice of Vldailon
A resident shall Fie deemed to have been Issued
an approprlata Notlce of Vlo€atlon If It €a personalty
served upon the resident, posted on the resident's
premise, or laced In the LI.S. Mal€, postage pre-
paid and addressed tc the realdent acoording to
the last known address given by the resident to
any lawn of ValLor. Ea to County goVerrlment de-
partmant. It thtye Id~ppntooitnny of the tpeasyidq$nt Is not
kga~age removal-eervloes~for the au64egt local on
will bo held reeponelble for oomplying-with: this
Chapter antl for any panellise esaeased pursuant
to the same,
•
aectpn 12.
If arty part, aectlan, subaecllon, sentence, clause
or rase at this ordinance Is Tor any reason held
io Invalid, such decision shall not affect the vat-
' id(ly,oi the ranialning portlona of thla ordinanoe;
TO ~ Qouncll hereby declares it would have
pas~d this ordinance, and each par[, section, aub-
aectl n, sentence, ctausa or phrase thereof, re-
= ¢drtl sa of the fact that. any one ar more parts,
_- ttecll s, aubseotlone, eenfences, clauses or
. phr 6a declared Inva(Id.
Sec n 13.
The Town Council hereby finds, deter-
mhi ' ,and declares that-thla ordinance ;s neoas•
eerryy and proper for the health safety, and welfare
at th Town o1 Vall and the Inha~ritants thereoh
' Sect n 14.
The repeal or die reppeeal and freenact•
men of any provlslon of the MurilclPaf Code o! the
Tow .cf Vail as prgvided in 1f11s ordinance shall not
site any right which has accruetl, any dory im-
poa ,any vlolation that occurred prtoY to tha ef-
ect€ data hereof, any prasacutlon commenced,
nor : n other action or proceedings .as oom-
me .udder ar by virtue of the ppYoviafan re•
peal d or repealed end rean.acled, Tt1e repeal of
any oviafon hereby shall not revive any provlslon
or a ordinance previouslyy repealed or superaed•
ed u'. ass expressly statetl herein.
Sact~pn 1ti.
All 6ylewa, ordenr, resolutions, and
ar-
tlfna.'ces, or parts thereof, lnccnslstent harewllh
ere ' Baled to !ha extent only of such Incanals•
ten This repealer shall not be construed 1q re•
vlseny bylaw, order, reaolutlon, or ordinance, or
part ~ereol, tilaratofora re salad.
AND-ORDERED PUBLISHED ONGE.INPFULOL DIJ
FIR REAplNp' If+la 8th day of August, 2002 and
' - a pu 1ic Hearingg shall be held on this grdinance on
-the 0th day of August, 2002, at 7,36 p.m. In the
Cou oil Chambers of the Vell Munlclpal Building,
Valli oloredo.
Ludwig Kurz, Mayer
ATT ST:
Lc l Donaldson, Tawn Clerk
AND,gRQEfaEp~ PQ6~IBH Q this 26tpday opIAO
gust; 2002
Cudwlg Kurz, Mayor
ATT ST:
Lore ponaldson, Town Clerk
PuWI bed In the.Vall Dally August 9, 2002.
r.
•
~~s~ r 1..F.v6
° 2'O
STATE OF CQLORADO~
COUNTY OF EAGLE
PROOF OF PUBLICATION
SS.
ORDINANCE NO. ]8- -
.SERIES ZOC2
AN ORDINANCE ESTAB REOUtA-
710N5 AND STANDARDSRDINQ THE
PROTECTION OF WILDLI.. ND $ETTlN6
FDRTH DETAILS 1N AEOAAI~THERETO.
I, Steve Pope, do solemnly swear that ! am the Publisher of The Uail Daily, that the same daily newspa-
per printed, in whole or in part and published in the County of Eagle, State of ColoradD, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly
in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first
publication of the annexed logal notice or advertisement; that said newspaper has been admitted to the
Uni#ed States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend-
ments thereo€, and that said newspaper is a daily newspaper duly qualified for publishing legal notices
and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was pubJlished in the regular and entire issue of every
number of said daily newspaper for the period o€ ........ !.,.,.., consecutive insertions; and that the first
publication of said notice was in the issue of said newspaper dated .~~~~ ¢
~f~:......~..3..
A•D- -~~ e~~~: and that the last publication of said notice was in the issue of said newspaper
dated~(,~
In witness whereof [have hereunto set my hand this ... ~ day of
`r ~/'j r~
Publisher
Subscribed ame~nd sworn to before, a notary public in an~d'f}or the County of Eagle, State of Colorado,
this ..-.....:.',.o.°.}..~/...... clay of .....: ~~``
f ~~
~~
/I Notary Public
ARy Commission expires ...... .......(1`Z/.,.,(,,,,, ~~,.._
WHEREAS, It is the Town Caurrcil's opinion that
the health, safety and welfare of the cttizena bt the
Town of Vall, and the wIIdllfe indigenous to this val-
ley, wvultl ba enhanced and promoted by the
adoption ci this ordinance; and
WHEREAS, malntalning a sustainable wlWrrfe and
hear pulation In the Vail Valley depends upon
minim zing truman oonllkds with bears and other
forms of wIIdllfe; and
WHEREAS, The Gouncll finds that the feeding of
wildlife within the Tawn o1 Veit constitutes amen-
aCe to property and to the ftealth, welfare; pesos
and safety of the cftlzens.of Vell; arM
WHEREAS, human refuse provWes an abundant
yet unhealthy supply of food for wIIdllfe, which aup-
parts artlfldeliy high poputallons rind places an ad-
ditbnaF strain on the supply o! naturally oocurring
foods; and
WHEREAS, reported human-freer
conflicts have dremetlcally Increasetl over the past
twelve {12} months; and
WHEREAS adopting regultiflona for prbper star
age of load or refuse edible by bears and other
°forma of wittllite has been proven to reduce con-
ilictabetween humane and wIIdllfe.
NOW, THEREFORE, be it ordained by the Town
Gouncll of the Town of Vall, Colorado, that:
Title 5 of the Municipal Code of the Town of Veit is
haret~ amended by the addiaon of Chapter 9,
'Wlldlde Protection,' to reed as follows:
Sactlon t. Purpose
The purpose of this Chapt~-r 8 Is fu pr0~tec1 aril
malnlaht wildNre In the Town of Vell and surround-
ing areas and to minimize ills dsk of dangerous in-
teraction between humans and wIIdIHa.' '
BeeNon 2 DaHnRlone
A, WIIdIHe -Arty undomesNdated ankmei;ir>
b t not limited to elk. deeC etteao. air olio.
~.
~t)08re, ra000an8, COyOtea, ~!6~'g, jrigg,.~~.
mountain lions, bobM end
6. Resident - And( peisort, fkrrt, co or.or•
ganizafton w7thut eta Town ~.Va~ W core
fralted land. t ~
t3eatlon 9. Realderrllal Rs~uN ~`€
A. All residential refuse ~pr'3. #fia'1
receive garbage andlor raiusa edlMa t?Y wild{Ne
', roust be secured In a manner that does trot create
an attraction !or wIIdllfe.
6. Residents wRh curt~gtde pickup shall
place lhelr refuse conlalners at the curb, alley, or
publ~ rightrotway et or after S:a10 a.m. on the
morning of pickup. Attar .pldsup, the containers
must be re-secured In an appropriate manner b1r
7:06 pp.m.
Seetlon 4. Special Event Refuse Dlapoaa~~l
Outdoor special event sites shall ba kept free'irom
}ire accumulation of refuse; edible by wildlife. Re-
fuse must be collected irgtn the rounds at the
close of each day's ecllvftles and s~A ftg~depoait-
ed into appropriate contaihers or encla9uies or ba
removed tc an appropriate di at site. .
Section 5. Constntct1on81te Aefuae Disposal
Ali construction sites must have a
desl~rta[ed aontalnar that receives refuse edible by
wlldlrfe. The raiusa In this contalnar shall ba emp-
tied at the end of each wortcday and depaeiled into
appropriate containers or.nendosuree iYr.be ro-
moved fo an appra~rlate di~osai 8tfe.
9ect[on fT. fP-aeaadd ng of Wildilte ProhlRttad
A. Na perstm shall Intantlorielty or unlrt-
tentionally feed or provide food in any manner Tor
wildlife on publla or private property- within the
Town of Vail. A person WAY be considered !0 6e in
violation a! this ordinance If they leave or store arty
garbage. raiusa or food product In a manner that
would create an attraction for wIIdllfe.
H. No person shall leave or store any re-
iuse, food product, pat food, grain or salt in a man-
ner which would consllture a lure, atfrartlon or en-
tlcement for wIIdIKe.
C. 81rc1 feeders 'are allowed. However
between the dates of April 15th and November
i5ih, all bird feeders must'ba suspended on a ca-
ble or other tlevica ao thatahey are inaccessible to
bears end the area below rho t~etlera must he kept
area f rom the accumulativn•o1 seed debr(s. I
D. Exceotlons•. This requtation shall no[ JI
• . ~-
apply tn: 1) Any individual, company or corporation
Shat is duty I€censed by the State oT Colorado- or
otherwise antilled under law posses a wildlife~spe-
cfes; 2) Any action that is officially sanctioned by
the State of Colorado that would require feeding,
baiting, 'or luring of wildlife. (An exempla of one
such action would be sciemffic projects dealing
with capturing and tagging wildlife); 3) the feeding.
of wild birds, unless the bird-feed begins ro attract
other forms ot-wildlife.
Sectid"n 7: ` Enforcement
Tawh ~of Vail Police and Code En-
forcement officers shall have the power to issue a
warning notice or a summons and complaint to any
pparson in violation of this Ghapter 9:
Section 8. penalty Assessment
Violation of any provlaion of this chapter by' any
person, firm or corporation, whother
as owner nr'occupant, shall. be handled:in.the.fob
lowing.manner:
A. Firef Violation:, The. first violation of
this Chapter wilt result In a Notice of Viofationlo an
aNeged:offender. The alleged offender will be
warned and~in.'formed-ol. the proper piecautioris
nocessary to prevent the feeding of wildlife and the
necessary actions to meet the provisions of this
Chapter, which may include but are not limited to:
removal of wildlife attractants, Elms limits far Ehe
placement of curbside refuse 6ontalners, and use
of bear resistant refuse oontainsrs. Said-notice
shall include a reasonable time schedule for com-
pliance.. pn alleged offender who timely complies
witt,the first Nolloe of Vigla[lon will not be subject
to the penalty provisions of this Chapter. .
B. - Second` Violation: The second viola-
tion of this Chapter will result in another Notice of
Violation, as well. as a Summons and Comp€aint.
Two Notices of Violation withiq a twelve {12} month
periatl will subject the violator'ta the penalty ppravi-
slons of this ~ha~ter: Failure to comply with the
first Noliae:oi.Vioatian within the designated-time
frame may:. 6'e deemed a second violation. The
second'Notice of Violation shall include a compli-
ance schedule when applicabl®.
C. Subsequent. Violstton(s}: Offenders
who have violated this Chapter more than two
times within a twelve [12) month. period.pr continue
tp felt in achieving timery aompl#ance with a ppreyi-
oua notice. wl~l..be subject: to a graduated fine,
schedule:as set forth herein.-
Sectlgn$: ; `Penalties
A. The graduated fine schedule for the penalty as-
sessmentprocedure is ae follows:
Warning for the first violation.
$100 to $25t] tine for. the second violation
within twelve (12) months of the first violation, or
failure to comply with the designated compliance
schedule associatsd.with Ehe first violation.
$250 to $9991ine for each successive vio-
lation within twehre (12) months of ihs previous.vf-
olation, or failure to comply with the designated
compliance schedule assactated with the second
or subsequent violation.
B. Any Town of Vail Police or Cnde Enforcement
Officer shall have the authority to Issue Notices of
Violation, summonses and complatnta for violation
of any provision of Ihis Chapter.
C. In addition to the criminal enforc6menl set forth
above, The Town of Vai! may seek injunction,
mandamus, or other appropriate cWil relief to en•
force the pprovisions of this Ghaptar.
Section 70. Vlolator's.Responsibllitiea
- In addition to the penalties cutlined
hereln,.violator's will be required to perform all nec-
essary actions to remove or abate athactants of
w'sldlffe. This may include, but shall not be limited
to: rho removal of bird feeders or pet food, cleaning
or appropriate sloPage of barbeQue grills, andlor
the required use of wildlife resistant containers
andlor wildlife oroot containere.
Section 11. Notice of Vlofatlan
A resident shall be deemed to have been issued
an appropriate Notice of Violation H it is personally
served upon the realden[, pooled on the resident's
premise, 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 of Vaff or Eagle Courtly government de-
partment. it the identity of the rosidenl is not
known, the untity res{icnsible for payment of the
'garbage remove ~ services far the subject location
will be held responsible for complying with Ihis
Chapter and for any penallles assessed pursuant
to the same.
Section 12,
N any pars, section, subsection, sentence, clause
or pprase of this oMinanee is foi any reason held
to pe invalid, such decision shall not affect the vaL
idlty of the remaining portions of this ordinance;
and the Town Council hereby declares It would
have passed this ordinance, and each part, sec-
tion, subsection, sentence, clause or phrase ihera-
of, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 18.
mines, and dechlareswhaEOthlslordirtanofaintlss, de~ter_
sary and proper for the health, safety, and welfare
of the Town of Vall and the inhab9lants thereof.
Section f4.
The. repeal or the repeal and reenact
ment of any provision of the Municipal Code of the
Town of Vail as provided In this ordnance shall not
affect any right which has accrued, any duty im-
ppoossed, any vloletbn that occurred prior to the e1-
feclive date horeot, any prosenut€on commenced,
nor any other •action or proceedings as com•
menced under or by virtue of the provision re-
pealed or repealed antl reenacted. The repeal of
any provision hereby shat! not revive any provision
or an ordinance previously repealed or supersed-
ed unless expressly stated herein.
Section 15.
All bylaws, orders, resolutions, aril
or-
dinances, or parts thereof, inconsistent herewith _
are repealed to the extent arty of such invonsisten-
cy, This repeater shelf not be ocnstrued ro revlae
arty bylaw, orde , resolution, or ordinance, or part
thereof, theretofore repealed:
INTRODUCED, READ, APPROVED,
AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST
~ READING this 8th day Of August, 2002 and apub- '
he hearing shall be ftt:ld~ pn this Ordinance on the
20th day of August, 2002, at 7:30 p.m. In the
Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Ludwig Kurz, Mayor
ATTEST:
-Lorelei Donaldson, Town Clerk
READ AND APPROVED 4N SECOND READING
AND ORDERED PUBLISHED
this 20th day of August, '2002
Ludwig Kurz, Mayor
ATTEST:
Lorelei Donaltlson, Town Qlerk
Pub3ished in the Vail batty August 23, 2002.