CHAPTER 12.08. – WILDLIFE PROTECTION
SEC. 12.08.010. – DEFINITIONS.
The definitions and terms used in this Chapter are defined as follows:
Attractant means 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 containing fruit, grain, or salt but shall not include recyclables.
Enforcement officer means any Aspen Police Officer, Community Safety Officer, Environmental Ranger or City-designated official.
Outdoor Gathering means an outdoor event such as a concert, conference or festival.
Refuse mean 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 does not include recyclables.
Refuse container means any trash can, dumpster or similar device used for the collection and storage of solid waste but shall not include cans intended only for containing recyclables.
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.
Wildlife-proof 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-proof refuse containers must meet the standards of testing by the Living With Wildlife Foundation and a “passing” rating by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 60 minutes or otherwise be approved by a City-designated official.
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 receptacles, 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 Subsections 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.
Wildlife-resistant refuse container means a fully enclosed container that can be constructed of pliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the standards of testing by the Living With Wildlife Foundation and approved by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by a City-designated official.
(Ord. No. 13-1999, § 1 (part): Ord. No. 30-1999, § 1; Ord. No. 27-2005, § 1; Ord. No. 5-2010
Sec. 12.08.020. – Wildlife resistant refuse containers or enclosures required.
(a) No owner or person in charge of a property shall cause or allow the creation of or maintain a wildlife accessible refuse container or attractant outside on that property or the adjacent right-of-way at any time.
(b) Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, 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) An approved wildlife-resistant dumpster enclosure.
(3) An approved wildlife-proof refuse container.
(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 requirements set forth herein or is approved by a City-designated official.
(Ord. No. 2-2001, § 1; Ord. No. 8-2008; Ord. No. 5-2010)
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.
Sec. 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 seventy-two (72) hours after written notification by a City-designated official.
(c) Providers are required to display their business name on all receptacles they provide within the City.
(d) Providers are required to permanently affix each individual refuse container with a unique identifying number or code.
(e) Providers must maintain a database that relates the refuse container number or code to the current name and address of the client responsible for that container. The provider must make this database immediately available to any designated City of Aspen enforcement official.
(Ord. No. 13-1999, § 1 (part); Ord. No. 27-2005 § 1; Ord. No. 8-2008; Ord. No. 5-2010)
Sec. 12.08.040. – Residential refuse disposal.
(a) Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either an approved wildlife-resistant refuse container or an approved wildlife-resistant dumpster enclosure or an approved wildlife-proof refuse container.
(b) Residents with curbside pick-up shall place only wildlife-resistant refuse containers or an approved wildlife-proof refuse container at the curb, alley, or public right-of-way at or after 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 7:00 p.m. on the same day.
(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, recyclables, and cardboard, shall not require the use of wildlife resistant or wildlife proof containers when not commingled with refuse or any other attractant.
(Ord. No. 13-1999, § 1 (part); Ord. No. 5-2010)
Sec. 12.08.050. – Outdoor gathering.
Outdoor gatherings 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-proof containers or enclosures or be removed to an appropriate disposal site.
(Ord. No. 5-2010)
Sec. 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 area below the feeders must be kept free from the accumulation of seed debris.
Sec. 12.08.070. – Construction site refuse disposal.
All construction sites must have a separate specifically designated container that receives refuse edible by wildlife. This container shall be a wildlife-proof refuse container.
(Ord. No. 5-2010)
Sec. 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])
Sec. 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])
Sec. 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.