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Home My WebLink Aboutordinance.council.013-99 ORDINANCE NO. sERIEs OF 999 . AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,'AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER ENTITILED "WILDLIFE PROTECTION," .. WHICH PROTECTS WILDLIFE BY REQUIRING THE USE OF WILDLIFE RESISTANT CONTAINERS AND WILDLIFE RESISTANT ' DUMPSTER ENCLOSURES. WHEREAS, five bears were killed in 1998 due to their interactions with humans and trash, and WHEREAS, citizens of the City of Aspen, Colorado, voiced their concerns regarding wildlife to the City and asked that something be done to help reduce the potential of conflicts between humans and wildlife, and, WHEREAS, ther~ is a need to protect our wildlife and the need to co-exist with wildlife in a way that prevents wildlife.from being jeopardized, and WHEREAS, in response to the citizen concerns, a 'valley wide task force was set up which included CDOW, USFS, the City of Aspen, Pitkin County, Snowmass' Village and Wilderne, ss W, orkshop, and WHEREAS, meetings were held in which it was decided that Snowmass Village would pass a wildlife protection ordinance fir.st (which has been done) and 'that Aspen would then follow Suit, and WHEREAS, the Bear Task Force drafted the idea of a w~dlife protection program and all .its compqnents, and WHEREAS, the health, welfare, and best interests of the community necessit~te the adoption of a wildlife protection chapter, and WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen the' following code addition. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF ASPEN, COLORADO, THAT: d Section 1 That the Munici ~al Code of the City of Aspen, Colorado, iS hereby amended by the addition of a new chapter, 12.08 Wildlife Protection, which shall read as follows: CHAPTER 12.08 WILDLIFE PROTECTION 12.08.010- Definitions. ,The definitions and terms used in thins Chapter are defined as follows: (1) Wildlife mean, s any non-domestiC mamn'/al indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk,. badger, bobcat, mountain lion, porcupine and fox. (2) Wildlife' resistant refuse containe~ means 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 resistant refuse containers must be approved by a City Community Safety Officer or Environmental Ranger. (3) Wildlife resistant dumpster enclosure means a fully enclosed structure consisting of four sides and a roof With one side accommodating a door. The sides of the structure must extend to the ground and the door carmot have more than a two-inch gap along the bottom. Ventilation openings shall be kept to a minimum and musf be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access. The door shall have a latching device of sufficient design and strength to prevent access by wild!ife. Wildlife resistant dumpster enclosures must be approved by a City Community Safety Officer or Environmental Ranger. (4) Special event means an outdoor gathering such as a concert, conference or festival. (5) Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger. (6) Refuse container means any trash can, dumpster, or similar device used for the collection and storage of solid waste. 12.08.020 Wildlife Resistant Refuse Containers or Enclosures Requi~red. Except for a container which services less than five (5) family residences and which has a minimum of seven (7) days per week pickup, any refuse container, regardless of size, that receives between the dates of April 15~ and November 15m, inclusive, refuse which is edible by bears or other wildlife shall be either (1) an approved wilc~life resistant refuse container or (2) a refuse container which is stored within a building, house, garage or approved wildlife r. esistant dumpster enclosure. 12.08.030 Maintenance and Operation of Wildlife Resistant Refuse Containers and Dumpster Enclost/res. A. Wildlife resistant refuse containers and dumpster enclosures must be kept closed and secure when refuse is' not being deposited. B.. If a container or ehclosure is damaged, allowing access by wildlife, repairs must be made within one (1) week after written notification by a Community Safety Office~? or Environmental Ranger. 12.08.040 Residential Refuse Disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or garage shall store their refuse in a wi/cdlife resistant refuse container Or enclosure approved by a City Community Safety Officer or Environmental Ranger., B. Residents with curbside pickup' shall'place their refuse containers at the curb, alley, or~ public right~of-way only on the morning of pickup. After pickup the containers must be re-secured inside the home, garage or 'wildlife resistant · enclosure by 6 p.m. 12.08.050 Special Event Refuse Disposal. Outdoor special event sites shall be kept free from the accumulation of refuge edible by wildlife. Refuse must be collected from the grounds 'at the close of each day's activities and shall be deposited in wildlife resistant containers or enclosures or be removed 'to an appropriate disposal site. 3 12.08.060 Feeding of Wild!ire. A. No person shall knowingly leave or store any refuse, food product/pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other de.vice so that'they are inaccessible to bears and the area below the feeders must be kept flee from the accumulation of seed debris. 12.08.070 Construction Site Refuse DispoSal. All construction sites must have a designated container that reCeive~ refuse edible by wildlife.. This container shall be either a wildlife resistant refuse container, or a container that is emptied at the end of each workday and then securely stored inside a trailer or building. 12.08.080 hlterference with Enf0'rcement Officer. No person shall interfere with, molest, hinder or impede the enforcement officers in the discharge of their duties as herein prescribed or violate any of the provisions Of this Chapter. 12.08.090 Enfoiccement. A. Enforcement officers may issue a warning notice or summons and complaint to any person in violation of this Chapter. B. An enforcement officer Shall have the right to inspect property concerning any Wildlife concern 9r potential wildlife attractant. 12.08.100 Penalty Assessment. Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be unlawful and subject to the penalty provisions in 'section 1.04. 0,80 bf this Code. 4 Section 2. If any section, subsection, sentence, clause~ phrase, or portion of this ordinance is for any reason held invalid o; unconstitutional b~ ap, y court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any 9tFter~ ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4. A public hearing on the ordinanc~ shall be held on theft day 0f]~ , 1999, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. ' · INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on theZ,,~ day of ~.]r'~ '1999. ATTEST: '- 5 FINALLY adopted, passed, and approved this~'~ day of ,1-999. /d~ ' Joh~ennett, ATTEST: