In addition, for violations involving either native wildlife or nonnative or exotic wildlife, five license suspension points per incident may be assessed by the division against an individual's license privileges. Common Wildlife Species - Options. (b) With respect to all other wildlife commits a class 2 misdemeanor and is assessed twenty license suspension points. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. Amended by Laws 1995, H.B.95-1212, 50, eff. 33-6-107. 318, 295, eff. 144, 4, eff. Jan. 1, 1985. 136, 11, eff. Human/domestic animal exposure to wildlife. Jan. 1, 1985, 33-6-101. (b)(I) Notwithstanding the provisions of section 24-4.2-104(1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points. 136 (H.B. Inspection of license and wildlife--check stations--failure to tag--eluding an officer. 167, 1, eff. May 22, 1994; Laws 1994, S.B.94-137, 11, eff. It has long been recognized that necessary laws and regulations constitute an important tool of resource management, particularly as a means of imposing restraints. May 31, 1995; Laws 2003, Ch. to 7 x 7 x 24 in., longer if a double-door trap is used. (C) Specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharges to be collected pursuant to sections 24-4.2-104 (1) and 24-33.5-415.6. It is often a good idea to check them more frequently - perhaps 2 to 3 times a day. For the purposes of this section, a muzzle-loader shall be considered unloaded if it is not primed, and primed means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. If you need an Animal Management Officer outside these hours . Such person is liable for all damages and costs associated with such unlawful release, including but not limited to, the costs of eradication or removal. For the purposes of this subsection (1), the possession of any firearm with cartridges in the chamber or magazine or loaded with powder and ball or a strung bow, unless the bow is cased, while attempting to project any artificial light into areas where wildlife may be found is prima facie evidence of a violation of this section. Ariz. Rev. Areas of service Salt Lake County and surrounding areas. Jan. 1, 1985. May 31, 1994; Laws 2020, Ch. It may even become necessary to remove Nuisance Wildlife from your property. 33-6-119. It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person's control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Jan. 1, 1985. (1) It is unlawful for any person to transport or to export any wildlife or portion thereof within or from this state except in accordance with the rules or regulations of the commission. (2) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are infected with any disease designated by rule and regulation of the commission as a disease detrimental to existing fish populations or habitats unless the division is notified within two business days after the discovery of the presence of such a disease. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows: (a) For each license that is not a big game license, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed. The hearing examiner may administer oaths and affirmations, issue subpoenas for the attendance of witnesses and the production of books and papers, and apply to the district court for enforcement thereof. 293, 16, eff. March 1, 2022. Discharge of a firearm may be prohibited in some cities and residential areas; check with local law enforcement. (5) In lieu of ordering the sale or destruction of such property, the court may, if it finds that it can be used by the agency which seized it, order it delivered to the agency for such use. Fees associated with stopping the nuisance. While the growth of cities and subdivisions displaces some wildlife, many species continue to live in the habitat available in parks, undeveloped parcels of land . (g) For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by subsection (3)(a) of this section, a fine of thirty-five dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of thirty-five dollars per animal and an assessment of one point per animal. Stat. To find out about safe and legal ways to deal with these problem animals, or to locate individuals or companies who are licensed by the Wildlife & Heritage Service to handle wildlife complaints, use the search by county below. April 22, 1998; Laws 2003, Ch. (2) For the purposes of license suspension under subsection (1) of this section, the payment of a penalty assessment, a court conviction, a plea of nolo contendere, the acceptance of a deferred or suspended sentence by the court, the adjudication of a juvenile as delinquent for any violation of this title that would have resulted in a conviction if prosecuted as an adult, or forfeiture of bail shall be deemed a conviction. 33-6-106. The provisions of this subsection (3) shall not apply to . (4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing the person to stop. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. For most people, "nuisance wildlife" means an animal is destructive or menacing. Jan. 1, 2006; Laws 2008, Ch. The hearing examiner's decision may be appealed to the commission by filing a notice of appeal with the commission within thirty days after receipt of the hearing examiner's decision. Computer-assisted remote hunting prohibited. 21-271), 551, eff. (4) Except as otherwise provided in subsection (4.5) of this section, any hearing on the suspension of license privileges for Colorado residents shall be held in a regional or area office of the division nearest to the residence of the respondent or, in the case of nonresidents, in such other location as may be determined by the division. Jan. 1, 1985. For the purposes of this section, the evidence of species or sex may be one or more of the following: Head, antlers, horns, testes, scrotum, udder, spurred leg, wing, skin, or plumage in sufficient amount to allow the evidence of species or sex to be determined by ordinary inspection. pUpK0(LMc.t (d) For each pronghorn, deer, or big game species as defined in the state or country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a fine of seven hundred dollars and an assessment of fifteen points. (3) It is unlawful for any person to release, or knowingly allow the escape of, any live native or nonnative or exotic wildlife in Colorado except in accordance with the rules and regulations of the commission. Division action to recover possession and value of wildlife unlawfully taken. Feeding the deer or elk may create an attractive nuisance, drawing mountain lions or bears to the area, creating a danger to pets, children, senior citizens, . Ann. Contact your Local County Extension Office.. Sift dirt onto the bottom of the cage to cover the wire bottom. Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court. The director shall appoint such hearing examiners, who may be employees of the division. 423 (H.B. July 1, 2011; Laws 2017, Ch. Exclusion can be effective for some species, such as rabbits, bats, squirrels, raccoons, chipmunks, groundhogs, Canada geese and other waterfowl. Amended by Laws 1994, S.B.94-137, 16, eff. Two or more offenses may be charged in the same complaint, information, or indictment, and proof as to part of an animal shall be sufficient to sustain a charge as to the whole of it. (1) Every Colorado wildlife officer or other commissioned officer of the division shall enforce the provisions of articles 1 to 6 of this title. Every other peace officer, as defined in section 33-1-102(32), may assist the Colorado wildlife officers in the enforcement of articles 1 to 6 of this title. July 1, 2008; Laws 2013, Ch. March 1, 2022. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. (3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points. Evidence of wildlife sex and species. (b) A license procured in violation of this subsection (1) is void. March 1, 2022. 305, 49, eff. 33-6-120. May 22, 2003; Laws 2021, Ch. (2) It is unlawful for any person airborne in any aircraft to spot or locate any wildlife and communicate its location to a person on the ground as an aid to hunting or pursuing wildlife; and it is unlawful for such airborne person or person on the ground receiving such communication to pursue, hunt, or take game on the same day or the day following such flight. Mussel-free Colorado Act. Items constituting public nuisance--when--seizure, 33-6-104 . July 1, 2019. (II) Deleted by Laws 2003, Ch. (3) Any such property, the possession of which is illegal and which in the opinion of the court having jurisdiction over the criminal proceeding is not properly the subject of a sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. 423 (H.B. (4) This section shall not apply to persons who provide only: (a) General-purpose equipment, including computers, cameras, and fencing and building materials; (b) General-purpose computer software, including operating systems and communication programs; or. Aug. 5, 2008. May 31, 1994; Laws 2012, Ch. The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106. 33-6-132. 462 (S.B. Amended by Laws 1985, H.B.1116, 11, eff. ; (e) Has been convicted of any violation under section 33-6-114.5(2), (3), (4), (5), or (6). Amended by Laws 2019, Ch. Wildlife--illegal possession, 33-6-110 . Sometimes, the animals get too close for comfort. Amended by Laws 1989, H.B.1187, 6, eff. A person who violates this subsection (7) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points, and licenses so used are void. 49-1101 et seq. X,`]}wt&RCWNaPcPtK>4PWCc A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22. (2)(a) Except as provided in subsection (2)(b) of this section, a person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for up to one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points. (4) Repealed by Laws 2003, Ch. Nuisance Wildlife Removal . sec. 159, 1, eff. Amended by Laws 1994, S.B.94-137, 18, eff. Licensing violations--penalties--rule. 21-271), 558, eff. 33-6-118. Any person who violates this subsection (5) commits a petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars and is assessed ten license suspension points. Special Proceedings Part 3 - Abatement of Public Nuisance 16-13-303. March 1, 2022. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points. Amended by Laws 1994, S.B.94-137, 22, eff. June 5, 2003. Hunting, trapping, or fishing out of season or in a closed area. Division action to recover possession and value of wildlife unlawfully taken, 33-6-111 . We do not have Animal Management Officers available on Thanksgiving, Christmas or New Year's day. Wildlife. Any control of nuisance wildlife causing damage requires a permit to trap outside of the . Jan. 1, 1985. March 20, 2020. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. (7)(a) Any person who violates subsection (4) of this section commits a class 2 misdemeanor. (4) Any person convicted of a violation of this section shall be liable for all damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution. (b) Any person who refuses to permit inspection of the person's personal identification documents, licenses, firearms, records, or wildlife is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred fifty dollars and an assessment of five license suspension points. Background Information - Birds of Colorado . (2) Any person who violates this section: (a) With respect to big game, endangered species, or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. 6930. A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. 259, 1, eff. Killing of big game animals in contest prohibited. The pelts or hides of any mammals taken under this subsection (9) may be transferred, possessed, traded, bartered, or sold by a person who holds an appropriate small game license. Pest Team Six, LLC. Transportation, importation, exportation, and release of wildlife. Dogs used to harass nuisance . July 1, 2003; Laws 2005, Ch. It is unlawful for any person who is under the influence of alcohol or any controlled substance, as defined in section 18-18-102(5), C.R.S., or any other drug to a degree that renders such person incapable of safely operating a firearm or bow and arrow to hunt or take any wildlife in this state. Suspension of license privileges. . The animal may be damaging property such as buildings, crops, pets, livestock, gardens, or public parks. Amended by Laws 2019, Ch. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. Disposition of fines and surcharges. 42 (S.B. . Repealed and reenacted by Laws 1984, S.B.78, 1, eff. 12101 et seq. May 22, 2003; Laws 2012, Ch. (III) To take and intentionally abandon wildlife. Nuisance Wild Animal Control. <> Emergency and construction lighting is exempt. . Read the law: onlineFish and Wildlife Service Laws print16 U.S.C. 136, 10, eff. (1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. July 1, 2003; Laws 2003, Ch. 242, 68, eff. 33-6-110. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401(1)(a)(III), C.R.S. (b) In order to increase hunter recruitment and retention, the commission may promulgate a rule establishing alternative requirements to obtain a certificate of hunter education. Use of a motor vehicle or aircraft--rules--repeal. (2)(a) Any person who makes a false statement or provides false information in connection with applying for or purchasing a license, or any license agent who knowingly uses or accepts false information in connection with selling or issuing a license, is guilty of a misdemeanor and, upon conviction, shall be punished by the following fines: (I) For each license that is not a big game license, a fine that is equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed. April 12, 1989; Laws 1994, S.B.94-66, 4, eff. (5) It is unlawful for any person to release any live native or nonnative fish or viable gametes (eggs or sperm) in this state except in accordance with the rules and regulations of the commission. May 31, 1994; Laws 2011, Ch. (e) For the purposes of this subsection (8), the division shall recognize, in addition to Colorado hunter education certificates issued on or after January 1, 1985, those Colorado hunter education certificates issued before January 1, 1985, and any valid temporary hunter education certificate issued by the division, and the division may recognize the hunter education programs of or certificates of other states or countries as being sufficient for the purposes of purchasing a hunting license in Colorado. Monday - Friday, 7 a.m. to 5 p.m. Saturday - Sunday, 7 a.m. to 5 p.m. Following are summaries of Colorado's most common regulations and statutes pertaining to nuisance wildlife questions. March 1, 2022. (3) It is unlawful for two or more people on the ground, in a motor vehicle, or in a vessel to use electronic devices to communicate information in the furtherance of a violation of articles 1 to 6 of this title or of a commission rule. ?"G@p8l*Ag`04l To qualify, a veteran must be discharged under honorable conditions or be a discharged LGBT veteran, as defined in section 28-5-100.3. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Amended by Laws 1987, H.B.1037, 1, eff. 33-6-124. 68A-9.010, may be taken using live traps or snares, or, where allowed, firearms during daylight hours.All traps and snares must be inspected at least once every 24 hours. Aug. 6, 2003; Laws 2003, Ch. 49 (H.B. ODWC issues permits to landowners, lessees or their designated agents to control nuisance or damage by regulated species of wildlife or feral hogs.The NWCO program was developed to provide assistance to the public who encounter such problems. Legislation and Administration. Jan. 1, 1985. However, there may be times when conflicts arise. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows: (a) For each incident that is not related to the hunting or taking of a big game animal, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed; (b) For the hunting or taking of big game, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed. Jan. 1, 1985. Chain link and wooden fence also works but is more expensive. (4) A person who violates section 33-14.5-108(3)(a) while engaged in the act of hunting, fishing, trapping, or a related activity at the time of the unlawful activity shall be punished by a penalty of ten license suspension points; except that, if the person was within a federal wilderness area at the time of the unlawful activity, the person shall be punished by a penalty of fifteen license suspension points. (B) Reported the killing of the animal to the division. May 31, 1994; Laws 1995, H.B.95-1212, 67, eff. Any person who violates this subsection (2) commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars. March 1, 2022. Any person who violates this subsection (1) commits a class 2 misdemeanor. 21-271), 553, eff. For more information on Colorado's wildlife, contact the Denver CPW Headquarters at (303) 297-1192 or . (3) Any person who violates this section commits a class 2 misdemeanor and is assessed twenty license suspension points. (III) Checks tendered by the violator to and accepted by the division and for which payment is received by the division are deemed sufficient receipt. 305, 8, eff. (7) It is unlawful to alter, transfer, sell, loan, or assign a lawfully acquired license to another person, or to use another person's lawfully acquired license. (c) An apprentice certificate of hunter education: (I) May be used in lieu of a certificate of hunter education issued under subsection (8) of this section to purchase or obtain a license to take wildlife; and. Amended by Laws 1994, S.B.94-137, 7, eff. (8)(a) Unless otherwise permitted by commission rule, it is unlawful for any person born on or after January 1, 1949, to purchase or obtain any hunting license, hunt, or trap unless the person has been issued a hunter education certificate by the division, attesting to the person's successful completion of a division-certified hunter education course taught by a division-certified instructor or equivalent education and training recognized by the division under paragraph (b), (c), or (e) of this subsection (8) or subsection (10) of this section. 33-6-114. (b) An individual who provides personal service pursuant to subsection (3)(a)(I) of this section must be a disinterested party who is eighteen years of age or older. (1)(a) Except as provided in section 33-6-116(1), it is unlawful for a person who shoots at, wounds, or may have wounded game wildlife to fail to make a reasonable attempt to locate the game wildlife suspected of injury and take it into the person's possession. If the fine and surcharges are not paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges contained in the summons and complaint at the time and place specified in the summons and complaint. (2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof. 19-1026), 13, eff. (3.5) This section does not apply to the transportation, importation, exportation, and release of live native or nonnative fish or viable gametes (eggs and sperm) which are governed by section 33-6-114.5. CreditsAdded by Laws 2003, Ch. Colorado has its fair share of weird rules, some state-wide, some local to a city. July 1, 2012. July 1, 2019; Laws 2021, Ch. 33-6-104. - . A couple of caveats. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. (6) Any person whose license privileges have been suspended shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license issued by the division until such person's suspension has expired. Taking Nuisance Wildlife: 5263722: 2/22/2008 Vol. Damage or destruction of dens or nests--harassment of wildlife. %PDF-1.4 19-1026), 3, eff. Jan. 1, 1985. The proceeds of the sale shall be applied as follows: (a) To the fees and costs of removal and sale; (b) To the payment of the state's costs on such action; and. May 31, 1994. Licensing violations--penalties--rule, 33-6-108 . Hunting, trapping, or fishing out of season or in a closed area, 33-6-121 . (2) It is unlawful for any person to establish or operate computer-assisted remote hunting facilities in Colorado. In general, if an individual is successful in a lawsuit against a nuisance from a neighbor's noise, light, or odor emissions, they may be able to recover: An abatement of the nuisance, or the ceasing of the nuisance; Damages, including compensatory and future damages; and. 281, 81, eff. Pigeons (Rock Doves) are very common and easily distinguishable bluish grey bird with two . CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. May 31, 1994; Laws 2003, Ch. Part 1. One website that provides humane solutions to wildlife problems is Urban Wildlife Rescue. Possession of a loaded firearm in a motor vehicle, 33-6-126 . Repealed and reenacted by Laws 1984, S.B.78, 1, eff. March 20, 2020. Willful destruction of wildlife--legislative intent. May 29, 2008; Laws 2021, Ch. Jan. 1, 1985. As urbanization continues throughout Indiana and the nation, wildlife habitat is radically and rapidly changing. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and an assessment of twenty license suspension points. No previous demand for possession shall be necessary. Any person who violates this subsection (4) commits a class 2 misdemeanor and is assessed ten license suspension points. May 31, 1995; Laws 2003, Ch. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species. 462 (S.B. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Hunting, trapping, and fishing--intentional interference with lawful activities. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. Free essays, homework help, flashcards, research papers, book reports, term papers, history, science, politics (b) When an arrest has been made or the citation for any wildlife offense has been issued by any other Colorado peace officer, as defined in this title 33, the state treasurer shall credit one-half of the money collected to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund, and: (I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the Colorado town, city, county, or city and county in which the violation occurred, to be credited to the appropriate fund; or. 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