HomeMy WebLinkAbout2006-20 Repealing and Reenacting Title 5, Chapter 9 "Wildlife Protection"; Establishing Regulations and Standards Regarding the Protection of WildlifeORDINANCE NO. 20
SERIES 2006
AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 9 "WILDLIFE
PROTECTION," VAIL TOWN CODE; ESTABLISHING REGULATIONS AND .
STANDARDS REGARDING THE PROTECTION OF WILDLIFE; AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
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, the Council finds that the intentional or unintentional 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
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Title 5, Chapter 9 "Wildlife Protection," of the Vail Town Code is hereby repealed
in its entirety and reenacted to read as follows:
Ordinance No. 20, Series 2006
5-9-1: 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.
5-9-2: DEFINITIONS: For the purpose of this Chapter, the following definitions shall
apply:
ATTRACTANT: Any substance which could reasonably be expected to attract wildlife or
does attract wildlife, including but not limited to food products, pet food, feed, compost,
grain or salt.
REFUSE: any waste that could reasonably attract wildlife which includes, but shall not
be limited to, kitchen organic waste, food, food packaging, toothpaste, deodorant,
cosmetics, spices, seasonings and grease.
REFUSE CONTAINER: Any trashcan, dumpster, or similar device used for the collection
and storage of solid waste.
RESIDENT: Any person, firm, corporation or organization within the Town of Vail or on
Town controlled land.
SPECIAL EVENT: An outdoor gathering such as a concert, conference or festival.
WILDLIFE: Any undomesticated animal, including, but not limited to, elk, deer, sheep,
lynx, skunks, magpies, crows, bears, raccoons, coyotes, beavers, porcupines, mountain
lions, bobcats and foxes.
WILDLIFE-PROOF REFUSE CONTAINER: A fully enclosed metal container with a
metal lid. The lid must have a latching mechanism, which prevents access to the
contents by wildlife. Wildlife-Proof refuse container must be certified as such by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee (Fish and Wildlife
Service, Forest Service, Park Service and Bureau of Land Management). A container
not so certified, is considered aWildlife-Proof Refuse Container if it is certified as such
~, ~ by a Town of Vail designated official.
Ordinance No. 20, Series 2006
''' WILDLIFE-RESISTANT ENCLOSURE: A fully enclosed structure consisting of four
sides and a secure door or cover, which shall have a latching device of sufficient
strength and design to prevent access by wildlife. Wildlife-Resistant Enclosures are
subject to all planning and zoning requirements and building codes. An enclosure of
less than one hundred twenty (120) square feet shall not require a building permit. An
enclosure of one hundred twenty (120) square feet or larger requires a building permit.
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. The latching devise must be of sufficient strength
and design to prevent access by wildlife. 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 must be approved by a
Town of Vail designated official.
WILDLIFE-RESISTANT REFUSE CONTAINER: A fully enclosed plastic container, of
sturdy construction, with a sturdy plastic lid which must have a latching mechanism
which prevents access to the contents by wildlife. Wildlife-Resistant Refuse Containers
~rrr must be certified as such by the Living with Wildlife Foundation, Interagency Grizzly
Bear Committee (Fish and Wildlife Service, Forest Service, Park Service and Bureau of
Land Management). A container not so certified, is considered aWildlife-Resistant
Refuse Container if it is certified as such by a Town of Vail designated official.
5-9-3: RESIDENTIAL REFUSE DISPOSAL:
A. All residential refuse containers which receive refuse or attractants as defined by
this Chapter must be either Wildlife-Resistant Refuse Containers or Wildlife-Proof
Refuse Containers, or be securely stored within a house, garage or Wildlife-Resistant
Enclosure at all times.
B. Residents with curbside pick-up shall place only Wildlife-Resistant Refuse
Containers or Wildlife-Proof Refuse Containers, at the curb, alley, or public right of way
at or after six o'clock (6:00) a.m. on the morning of scheduled pick-up. After pick-up, all
containers must be removed from the curb, alley or public right of way by seven o'clock
~,, (7:00) p.m. on the same day.
Ordinance No. 20, Series 2006
C. Other household waste that cannot reasonably be considered refuse or an
attractant as defined in this Chapter, including but not limited to; non-edible yard
maintenance waste, household items, and cardboard, shall not require the use of
Wildlife-Resistant or Wildlife-Proof 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 aWildlife-Proof Refuse
Container or aWildlife-Resistant Enclosure for all refuse. The container or enclosure
shall be kept closed in secure manner except when refuse is being deposited.
5-9-4: MAINTENANCE AND OPERATION 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 over filled so as to prevent a
~~,,- containers' designed latching is not aWildlife-Resistant or Wildlife-Proof Refuse
Container within the meaning of this Chapter.
B. If a container or enclosure is damaged, allowing access by wildlife, repairs must
be made within 24 hours after written notification by Town of Vail Police or Code
Enforcement Officers.
C. 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 digits no smaller than two inches in height.
5-9-5: SPECIAL EVENT REFUSE DISPOSAL: Outdoor special event sites shall be
kept free from the accumulation of refuse. Refuse must be collected from the grounds at
the close of each day's activities and shall be deposited into appropriate Wildlife-
Resistant, Wildlife-Proof containers or Wildlife-Resistant Enclosures as provided in this
Chapter, or shall be removed to an appropriate disposal site.
~,,,-
Ordinance No. 20, Series 2006
5-9-6: CONSTRUCTION SITE REFUSE DISPOSAL: All construction sites must have
a designated refuse container which receives refuse or attractants as defined by this
Chapter. This container shall be a Wildlife-Proof Refuse Container.
5-9-7: COMMERICAL REFUSE DISPOSAL: All refuse containers receiving refuse
from commercial establishments and restaurants shall be in Wildlife-Proof Containers, or
shall be secured in aWildlife-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.
5-9-8: COMPACTORS: Trash compactors are compliant with this Chapter when no
refuse is exposed. 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.
5-9-9: FEEDING OF WILDLIFE PROHIBITED:
A. Intentional or Unintentional: 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 Chapter if they leave or store
any garbage, refuse or attractant in a manner which would create or does create a Lure
or enticement for wildlife.
B. Bird Feeders: Bird feeders are allowed. However 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.
5-9-10:ENFORCEMENT:
A. Town of Vail Police and Code Enforcement Officers shall have the power to issue
a warning notice or a summons and complaint to any person in violation of this Chapter.
Ordinance No. 20, Series 2006
B. Town of Vail Police or Code Enforcement Officers shall have the right to inspect,
during reasonable hours, any property in the Town concerning any wildlife concern or
potential wildlife attractant.
5-9-11: PENALTY ASSESSMENT:
A. Violation of any provision of this Chapter by any person shall be unlawful and
subject to the General Penalty provision, Section 1-4-1, of the Vail Town Code. Either
the owner or occupant of a residence or commercial establishment may be held
responsible for a violation of any provision of this Chapter.
B. A Resident shall be deemed to have been issued an appropriate notice of
violation if it is personally served upon the Resident, 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 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.
~°
5-9-12: VIOLATOR'S RESPONSIBILITY: In addition to the penalties outlined in this
Chapter, violators may be required to perform ail 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, additional storage
requirements for refuse containers and/or the required use of Wildlife-Proof Containers
and/or Wildlife-Resistant Enclosures.
5-9-13: COMPLIANCE REQUIRED AND TIME PERIOD: Any container required by
this Chapter shall be brought into conformity with the provision of this Chapter by April
15, 2007. Any enclosure required by this Chapter shall be brought into conformity with
the provision of this Chapter by August 1, 2007. Upon application.to the Town Manager,
and showing hardship by an owner of an enclosure or container required hereunder, the
Town Manager may grant an extension, for a reasonable period of time, with which to
comply with the provision of this Chapter.
Ordinance No. 20. Series 2006
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
"'~ PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2006,
and a public hearing for second reading of this Ordinance set for the 3rd day of October,
2006, at 6:00 P. M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
.\
ATTE T. ~"
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t ~ ,
tefelei~onaldson, Town Clerk
i u
Rodney E. Slifer, Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN
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~I drelei 9'onaldson, Town Clerk
of October, 2006.
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Rodney E!Slifer, Mayor
Ordinance No. 20. Series 2006
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