HomeMy Public PortalAboutOrdinance 483 Enforcement of Wildlife Protection Measures TOWN OF FRASER
ORDINANCE NO. 483
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 7 ARTICLE 7 OF THE FRASER MUNICIPAL CODE
REGARDING ENFORCEMENT OF WILDLIFE PROTECTION MEASURES.
WHEREAS, enforcement of wildlife protection measures are not in alignment with the
Town's goals to preserve and protect local wildlife.
WHEREAS, the Board of Trustees wishes to mitigate conflicts with wildlife and finds the
feeding of wildlife, inadvertent or otherwise, within the Town of Fraser creates a risk to the
property, health, safety, and welfare of the residents of Fraser.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 7 (Health, Sanitation and Animals), Article 7 of the Fraser Municipal Code (herein
sometimes referred to as the "Municipal Code") are hereby amended as follows [Note:
additions are shown in bold underlined print; deletions are shown as print]:
1.1 Chapter 7, Article 7 of the Town Code is amended as follows:
ARTICLE 7 —Wildlife Protection
Sec. 7-7-110. - Enforcement.
Compliance with this Article notwithstanding, the Town police and code enforcement officers
may issue a "Notice of Violation" and order any resident to purchase and use a wildlife-proof
refuse container for all storage of refuse that is attractive to or edible by wildlife if the Town
receives more than one (1) documented, substantiated report that
any animal, whether wild or domestic, has entered into or removed refuse from a refuse
container located on the property or placed at the property curbside for pickup. Such order shall:
(1) State that a wildlife-proof container shall be obtained for the property within seven (7)
days.
(2) Be served either personally or by means of posting on the premises upon which the
nuisance exists. If notice is served by posting, a copy of the notice shall also be
mailed by certified mail, return receipt requested, to the owner of record of the
property given to any Town or county government office. If the identity of the resident
is not known, the entity responsible for payment of the garbage removal services for
the subject location will be held responsible for complying with this Article and for any
penalties assessed pursuant to the same.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND OR ERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 1 DAY OF , 2021.
Votes in favor: 7 BOARD OF TRUSTEES OF THE
Votes opposed: 6 TOWN OF FRASER, COLORADO
Votes abstained: 0 /
BY:
OFF Philip Vandernail, Mayor
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ESki� ATTEST: 01-Nity 410-0444k___/
Antoinette McVeigh, Town C
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Published in the Middle Park Times on q iSaf:0.1
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