Aspen, CO Wildlife Protection

Type: Municipal Code

Status: Adopted in 1999

Source File: http://www.bearsmart.com/bearSmartCommunities/Bylaws/Aspen-WildlifeProtection.pdf

Text:

Title 12
Chapter 12.08
WILDLIFE PROTECTION

Sections: 12.08.010 Definitions.

12.08.020 Wildlife resistant refuse containers or enclosures required.

12.08.030 Maintenance and operating of wildlife resistant refuse containers and dumpster enclosures.

12.08.040 Residential refuse disposal.

12.08.050 Special event refuse disposal.

12.08.060 Feeding of wildlife.

12.08.070 Construction site refuse disposal.

12.08.080 Interference with Enforcement Officer.

12.08.090 Enforcement.

12.08.100 Penalty assessment.

12.08.010 Definitions.

The definitions and terms used in this chapter are defined as follows: (1) 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.

(2) Wildlife resistant refuse container 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 an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacle(s), shall not be attached to an historic structure, shall not be located in a public right-of-way, and shall be located adjacent to the alley where an alley borders the property. Wildlife resistant dumpster enclosures located in the Commercial Core (CC) and the Commercial (C-1) zoning districts are required to comply with Sections 26.710.140(D)(6) and 26.710.150(D)(6), as applicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit.

(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 or Environmental Ranger.

(6) Refuse container means any trash can, dumpster, or similar device used for the collection and storage of solid waste. (Ord. No. 13-1999, § 1 (part): Ord. No. 30-1999, § 1)

12.08.020 Wildlife resistant refuse containers or enclosures required.

A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which is stored within a building, house, garage or approved wildlife resistant dumpster enclosure.

B. The minimum standards required for wildlife proofing garbage are set forth in and are incorporated herein by reference in the City of Aspen's "Wildlife Protection Ordinance Guidelines," which shall be prepared and amended from time to time by the City's Environmental Ranger or other designated agent. The "Guidelines" shall be available for review and purchase at the City's Environmental Health Department.

C. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife resistant refuse containers, wildlife resistant dumpsters, or wildlife resistant poly-carts, which meet the Wildlife Protection Ordinance Guidelines. (Ord. No. 2-2001, § 1)

Editor's note-- Ord. No. 2-2001, § 1, repealed former § 12.08.020, pertaining to wildlife resistant refuse containers and enclosures and enacted a new § 12.08.020 as herein set out. Former § 12.08.020 was derived from Ord. No. 13-1999, § 1.

12.08.030 Maintenance and operation of wildlife resistant refuse containers and dumpster enclosures.

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 enclosure is damaged, allowing access by wildlife, repairs must be made within one (1) week after written notification by a Community Safety Officer or Environmental Ranger. (Ord. No. 13-1999, § 1 (part))

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 wildlife 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 6:00 p.m. (Ord. No. 13-1999, § 1 (part))

12.08.050 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 in wildlife resistant containers or enclosures or be removed to an appropriate disposal site. (Ord. No. 13-1999, § 1 (part))

12.08.060 Feeding of wildlife.

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 device so that they are inaccessible to bears and the areabelow the feeders must be kept free from the accumulation of seed debris. (Ord. No. 13-1999, § 1 (part))

12.08.070 Construction site refuse disposal.

All construction sites must have a designated container that receives 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. (Ord. No. 13-1999, § 1 (part))

12.08.080 Interference with Enforcement 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. (Ord. No. 13-1999, § 1(part))

12.08.090 Enforcement.

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 or potential wildlife attractant. (Ord. No. 13-1999, § 1 (part))

12.08.100 Penalty assessment.

Violation of any provision of this chapter by any person, firm or corporation shall be unlawful and subject to the penalty provisions in section 1.04.080 of this Code. Either the owner or occupant or both may be held responsible for a violation of any provision of this chapter. (Ord. No. 2-2001, § 1)

Editor's note-- Ord. No. 2-2001, § 1, repealed former § 12.08.100, pertaining to penalty assessment and enacted a new § 12.08.100 as herein set out. Former § 12.08.100 was derived from Ord. No. 13-1999, § 1.