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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 • • 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.