HomeMy WebLinkAboutordinance.council.014-18 ORDINANCE NO. 14
(Series 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN — ANIMALS
AND FOWL - TO ADD A NEW SECTION 06.04.110 ENTITLED: HARASSING WILDLIFE
PROHIBITED.
WHEREAS, Aspen is home to a large population of black bears and other wildlife, and;
WHEREAS, research indicates that as humans continue to permeate bear habitats and
changing weather affects natural food sources, human-bear interactions will continue to increase
as bears become acclimated to urban communities;
WHEREAS, Aspen's influx of human population in the summer results in the increase of
bear and other wildlife attractants in the Aspen core area, increasing the risk of human-wildlife
interaction, which can be dangerous for both humans and the wildlife, and;
WHEREAS, the Aspen Police Department feceives numerous wildlife calls for service
every year, and particularly in the summer, regarding human interactions with bears and other .
wildlife including foxes and moose; and,
WHEREAS, numerous bears and other wildlife are either relocated or euthanized every
year in Pitkin County as a result of human negligence that can be prevented,
WHEREAS, the City of Aspen Police Department and City of Aspen Community
Response Officers ("CROs") are responsible for protecting the public from wildlife while
simultaneously protecting wildlife from the public, and;
WHEREAS, despite public education efforts, members of the public and visitors to the
Aspen area do not always interact appropriately with wildlife, and have been observed to harass
the wildlife and ignore law enforcement barriers and instructions, putting both the wildlife and
humans at risk of injury or even death, and;
WHEREAS, the City of Aspen has struggled to enforce wildlife protection laws due to the
absence of a municipal ordinance specifically applicable to human-wildlife interactions. As a
result, the health of Aspen's wildlife is compromised and public safety is also at risk, and;
WHEREAS, although there is a Colorado state statutory provision that addresses harassing
wildlife, its penalties are insufficient to prevent the harmful behavior, especially as it concerns
visitors from outside the Aspen area, and;
WHEREAS, the adoption of a section to the City of Aspen Municipal Code that prohibits
harassing wildlife that would allow for a graduated fine schedule and mandatory court appearance
for a third offense is necessary for law enforcement to ensure public safety and safety of Aspen's
wildlife; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of the public health, safety, and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
That Title 6—Animals and Fowl - of the Municipal Code of the City of Aspen, Colorado,
is hereby amended by the addition of a new section 6.04.110 — Harassing Wildlife Prohibited,
which section shall read as follows:
6.04.110 Harassing Wildlife Prohibited.
(1) It shall be unlawful for any person to willfully harass any wildlife or disregard any law
enforcement commands,signs,or barriers designed to protect wildlife. Harassing wildlife includes,
but is not limited to, encroaching upon, cornering, crowding, taunting, chasing, and any other
willful behavior directed at the wildlife that a reasonable person would believe would cause stress
to the wild animal or cause the wild animal to inflict injury in retaliation to the human behavior.
(2) It shall also be unlawful for any person to knowingly or negligently allow or direct a dog which
he owns or which is under his control to harass wildlife, whether or not the wildlife is actually
injured by such dog.
(3) For purposes of this section, "wildlife" means any non-domestic mammal 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.
Any person who violates this section shall be punished by a fine of$250 for a first offense, $500
for a second offense, and a $999 fine and mandatory summons to municipal court for 6 third
offense.
Section 2: Litigation
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 the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance
in the office of the Pitkin County Clerk and Recorder.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 14a'day of May, 2U 18.
S en S ron, Mayor
A EST:
Linda Manning, City Cl rk
FINALLY,adopted, passed and approved this 29th day of May, 2018.
i
Steven a ron, Mayor
ATTEST:
"AAt
Linda Manning, City Cler
APPROVED AS TO FORM:
J es R. True, City Attorney
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