PALMER LAKE, COLORADO
RESOLUTION\ORDINANCE NO. 9-2002

AN EMERGENCY ORDINANCE PROHIBITING THE FEEDING OR ATTRACTING OF BIG GAME WILDLIFE

WHEREAS, THE TOWN OF PALMER LAKE HAS PROBLEMS WITH BEARS, DEER, ELK AND OTHER WILD ANIMALS; AND

WHEREAS, THE TOWN OF PALMER LAKE HAS DETERMINED THAT PROHIBITION OF FEEDING AND/OR ATTRACTING BIG GAME WILDLIFE WELL HELP TO REDUCE THE PROBLEM; AND

WHEREAS, THE TOWN OF PALMER LAKE DECLARES THAT PASSAGE OF THIS ORDINANCE IS NECESSARY FOR THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE TOWN OF PALMER LAKE.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS:

Section 1. A new chapter 7.10 entitled Wildlife is added to the Palmer Lake Municipal Code to read as follows:

7.10.010 Feeding or Attracting Big Game Wildlife Prohibited. No person shall place, deposit, distribute or scatter grain, hay, or other foods so as to intentionally constitute a lure, attraction, or enticement for big game not lawfully held in captivity. No person shall fail to take remedial action to avoid contact or conflict with bears, which may include the securing or removal of outdoor trash, cooking grills, pet food, bird feeders or any other similar food source or attractant after being advised by the Town of Palmer Lake to undertake such remedial action. Further, after an initial contact or conflict with a bear, no person shall continue to provide, or otherwise fail to secure or remove, any likely food sources or attractants, including, but not limited to, outdoor trash, grills, pet food or bird feeders.

Section 2. 7.10.020 Fines. The fine for violation of this ordinance shall be as follows:
First Offence - $50.00;
Second Offence - $75.00;
Third Offense - $100.00;
Subsequent Offenses - Not less than $100.00.

Section 3. Emergency Declared. The Town Board hereby finds and declares that an emergency exists which requires the immediate effectiveness of this Ordinance, in that the effective implementation of the policy reducing and eliminating bear problems in the Town of Palmer Lake would be frustrated and prevented without the protection which this Ordinance will give.

Section 4. Severability. It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 5. Publication and Effective Date. The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This Ordinance shall become effective upon adoption.

PASSED AND ADOPTED THIS DAY OF , 2002.

NIKKI McDONALD, MAYOR

ATTEST

DELLA J. GINS, TOWN CLERK

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