Chapter 7.10 - WILDLIFE PROTECTION
Sections:
7.10.010 - Purpose and authority.
The purpose of this chapter is to minimize the risk of
dangerous wildlife and human conflicts as a result of unsecured
waste/recyclables and to protect and maintain wildlife in the city of Manitou
Springs and surrounding areas.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.020 - Definitions.
For purposes of this chapter, the following terms shall have
the following meanings:
"Attractant" means any substance which could
reasonably be expected to attract wildlife or does attract wildlife, including,
but not limited to, food products, kitchen waste, food packaging, pet food.
Composting shall not constitute an "attractant" for purposes of this
chapter.
"City" means the city of Manitou Springs,
Colorado.
"Collection bin" means a container utilized for
the collection and storage of waste/recyclables, including any trashcan,
dumpster or similar devise used for that purpose.
"Commercial user" means any person, firm or
corporation performing any business, industry, occupation or profession. It
shall also include dwelling units used for residential occupancy for three or
more families or groups of individuals living independently of each other in
separate units where the land under the dwelling units is not individually
owned by the residents. This includes apartments, condominiums, and mobile home
parks.
"Occupant" means any person living in, sleeping
in, possessing or otherwise using any land, building or part thereof.
"Owner" means a person who, alone, jointly or
severally with others, or in a representative capacity (including, without
limitation, an authorized agent, executor or trustee), has legal or equitable
title to any property in question.
"Person" means a natural person, corporation,
firm, partnership, association, organization and any other group acting as a
unit, as well as individuals.
"Premises" means any property located with the
city limits of the city of Manitou Springs that is owned, occupied, leased or
used for residential or commercial purposes.
"Responsible party" means any person who has
possession or control of any real property or premises, whether as owner,
occupant or tenant and shall include any owner or owners of vacation rental
property or properties.
"Special event" means an outdoor gathering such as
a concert, conference or festival.
"Waste" means solid or semi-solid discarded
material including, but not limited to, ashes, litter, garbage, refuse, rubbish
and recyclables.
"Wildlife" means any undomesticated or
unrestrained animal, including, but not limited to, elk, deer, sheep, lynx,
bears, skunks, squirrels, raccoons, magpies, crows, coyotes, bobcats, foxes,
mountain lions, unrestrained livestock, or unrestrained household pets.
"Wildlife-resistant waste container" means a fully
enclosed container of sturdy construction that meets the standards of testing
by the Interagency Grizzly Bear Committee (IGBC) as bear resistant. A container
not so certified, is considered a wildlife-resistant waste container if it is
certified as such by a city designated official.
"Wildlife-resistant enclosure" means 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.
"Yard waste" means grass clippings, lawn rakings,
leaves, garden vegetation, brush and other woods, free of other waste.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.030 - Waste disposal.
A. Any owner,
occupant or person utilizing collection bins which receive waste/recyclables or
attractants on the premises shall utilize wildlife-resistant waste containers,
or be securely stored within a house, garage or wildlife-resistant enclosure at
all times.
B. Any owner,
occupant or person with curbside pick-up shall place collection bins at the
curb, alley or public right-of-way at or after 5:00 a.m. on the morning of
scheduled pick-up. After pick-up, all collection bins shall be removed from the
curb, alley or public right-of-way by 9:00 p.m. on the same day.
C. Other household
waste that cannot reasonably be considered an attractant as defined in this
chapter, including, but not limited to, non-edible yard waste as defined in
this chapter, cardboard, or household items, shall not require the use of
wildlife-resistant waste containers when not commingled with waste/recyclables
or any other attractant.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.040 - Special event waste/recyclable disposal.
Outdoor special event sites shall be kept free from the
accumulation of waste/recyclables and attractants as defined under this
chapter. Waste/recyclables shall be collected from the grounds at the close of
each day's activities and shall be deposited into appropriate
wildlife-resistant waste containers or wildlife-resistant enclosures as
provided in this chapter, or shall be removed to an appropriate disposal site.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.050 - Construction site waste/recyclable disposal.
All construction sites shall have a designated collection
bin which receives waste/recyclables or attractants as defined by this chapter.
This collection bin shall be a wildlife-resistant waste container, or shall be
secured in a wildlife-resistant enclosure.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.060 - Commercial user waste/recyclable disposal.
A. All collection
bins receiving waste/recyclables from commercial users shall be in
wildlife-resistant waste containers, or shall be secured in a
wildlife-resistant enclosure.
B. Multi-family
housing developments, including apartments, condominiums, mobile home parks and
other types of clustered residential housing utilizing centralized collection
bins shall either use a wildlife-resistant waste container or a wildlife-resistant
enclosure for all waste/recyclables. The
container shall be kept closed in a secure manner, except
when waste/recyclables are being deposited.
(Ord. No. 3817, § 1, 11-21-2017)
A. No person shall
intentionally or unintentionally feed or provide food in any manner for
wildlife on public or private property within the city of Manitou Springs.
Persons will be considered to be in violation of this chapter if they leave or
store any waste/recyclables, attractants or food product in a manner that would
create an attraction for wildlife.
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; or
2. Any action that
is officially sanctioned by the State of Colorado that would require feeding,
baiting or luring of wildlife.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.080 - Maintenance and operation of all waste/recyclable
collection bins and enclosures.
A. All collection
bins as defined in this chapter shall be kept closed and secured when waste is
not being deposited.
B. If a container or
enclosure is damaged, allowing access by wildlife, repairs shall be made within
72 hours after written notification by city of Manitou Springs police or code
enforcement officers.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.090 - Penalty Assessment.
Violation of any provision of this chapter by any owner,
occupant or person shall be handled in the following manner:
A. First violation:
The first violation of this chapter will result in a notice of violation to an
alleged responsible party. The responsible party will be warned and informed of
the proper precautions necessary to prevent the feeding of wildlife and the
necessary actions to meet the provisions of the chapter, which may include, but
not be limited to: removal of wildlife attractants, time limits of the
placement of curbside collection bins and use of wildlife-resistant waste
containers. The notice shall include a reasonable time schedule for compliance.
A responsible party who timely complies with the first notice of violation will
not be subject to the penalty provisions of this chapter.
B. Subsequent
violation(s): Subsequent offenses will be subject to a graduated fine schedule
imposed by the city council.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.100 - Violations—Penalties.
Violations of this chapter shall be punished as provided in
Section 1.01.100 of this code.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.110 - Compliance required and time period.
Any collection bins required by this chapter shall be
brought into conformity with the provisions of this chapter by January 1, 2018.
Any enclosure required by this chapter shall be brought into conformity with
the provision of this chapter by March 1, 2018. Upon application to the city
administrator, and showing hardship by any owner, occupant or person of an
enclosure or container required hereunder, the city administrator may grant an
extension, for a reasonable period of time, with which to comply with the
provisions of this chapter.
(Ord. No. 3817, § 1, 11-21-2017)
7.10.120 - Notice of violation.
A responsible party shall be deemed to have been issued an
appropriate notice of violation if: (1) it is personally served upon the
responsible party, (2) posted on the premises or (3) placed in the U.S. Mail,
postage prepaid and addressed to the responsible party according to the last
known address given by the responsible party to any Manitou Springs or El Paso
County government department. If the identity of the responsible party is not
known, the owner, occupant or person 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.
(Ord. No. 3817, § 1, 11-21-2017)
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