33-6-107. If you have a nuisance wildlife problem, please call the wildlife conflict hotline at 1 (855) 571-9003. Suspension of license privileges, 33-6-107 . Contact a KDFWR Law Enforcement Officer or Wildlife Biologist in your area for assistance. (1)(a) Unless otherwise permitted by commission rule, it is unlawful for a person to hunt, take, or harass wildlife from or with a motor vehicle. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. (4) Repealed by Laws 2003, Ch. 33-6-118. Spread the word that in Colorado it's illegal to possess, transport or release feral swine, wild swine species or hybrids. In addition, the court may require the defendant to reimburse the division for any damages. Upon such conviction, the commission shall assess twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. Updated January 2015. The mission of USDA APHIS Wildlife Services (WS) is to provide Federal leadership and expertise to resolve wildlife conflicts to allow people and wildlife to coexist. When you live in a beautiful state like Colorado with mountains, trees, and rivers, you expect to see wildlife wandering around. Suspension of license privileges. In addition to imposing such punishments, the commission may suspend any wildlife privileges of the person for a minimum of one year to a maximum of a lifetime suspension. State Laws to Reduce Light Pollution. Powers and duties of officers. (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. 305, 7, eff. They often produce two clutches per year, with a clutch size of 3-5 eggs. Jan. 1, 1985. Human/domestic animal exposure to wildlife. 305, 5, eff. May 31, 1994; Laws 2020, Ch. No previous demand for possession shall be necessary. (c) The commission shall promulgate a rule allowing veterans, including active-duty, reserve-duty, or national guard personnel, to obtain a hunter education certificate without attending a hunter education course if the veteran successfully passes a test-out option as developed by the commission. (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. (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. Stat. 136, 10, eff. (4) It is unlawful for any person under twelve years of age to hunt or take big game, and it is unlawful for persons between the ages of twelve and fifteen years of age to hunt or take big game except when at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Amended by Laws 2019, Ch. (9) Repealed by Laws 2012, Ch. Division action to recover possession and value of wildlife unlawfully taken, 33-6-111 . Feeding Wildlife Is Generally Illegal. Jan. 1, 1985. Exclusion can be effective for some species, such as rabbits, bats, squirrels, raccoons, chipmunks, groundhogs, Canada geese and other waterfowl. Background Information - Birds of Colorado . Jan. 1, 1985. (III) To take and intentionally abandon wildlife. Amended by Laws 2021, Ch. 2016 Colorado Revised Statutes Title 16 - Criminal Proceedings . May 22, 2003; Laws 2012, Ch. The possession of wildlife shall be prima facie evidence that the person having such possession is engaged or has been engaged in hunting, fishing, or trapping. There is a ban on hunting and trapping wolves and coyotes in the 39 townships immediately around Algonquin Park. Hunting in a careless manner, 33-6-123 . 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 ten license suspension points. 305, 49, eff. (II) An officer shall not issue a penalty assessment for violations for which minimum and maximum fines have been established. Possession as prima facie evidence. The "Vertebrate Pest Management" manual has been submitted to state wildlife agencies and the National Wildlife Control . The fact that any person charged with a violation of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any charge of violating this section. In general, feeding any wildlife is illegal under animal harassment laws. March 1, 2022. This will take you to a login screen. Fencing and other exclusion methods are likely the best option for solving nuisance wildlife problems. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 462 (S.B. 19-1026), 4, eff. Colorado passed a law protecting people from criminal or civil liability if they break a window to remove an animal in distress from a hot car. 423 (H.B. Part 1. The following rules and regulations have been established by the City Parks & Recreation Department pursuant to Chapter 12.40 of the Loveland Municipal Code. Aug. 5, 2008. 5 0 obj (h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty 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 twenty-five dollars per animal and an additional assessment of five points per animal. Monday - Friday, 7 a.m. to 5 p.m. Saturday - Sunday, 7 a.m. to 5 p.m. 12101 et seq. %PDF-1.4 (c) If the hunter is unaware of the location of wildlife after shooting at it, failing to go immediately to the location of such wildlife when the shot was fired is not a reasonable attempt to locate game. Jan. 1, 1985. (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. (d) Unless the certificate of hunter education has been verified by the division, any person required to obtain a certificate of hunter education shall have the certificate on his or her person while hunting, trapping, or taking wildlife. March 1, 2022. Landowners May Remove Wildlife or Designate an Individual to Assist. (b)(I) The division shall be in violation of this section if it seizes any personal property that is not part of or incident to a criminal proceeding for violation of articles 1 to 6 of this title and does not return such property on demand. (1) It is unlawful for any person to take from another person, without his permission, any wildlife lawfully acquired and possessed by him. For most people, "nuisance wildlife" means an animal is destructive or menacing. 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. (6) A person sixteen years of age or older who fishes for or takes fish, amphibians, mollusks, or crustaceans in this state shall have a proper and valid fishing license on his or her person. (2) The division shall cooperate with the department of agriculture in developing policies and procedures for the issuance by said department of permits for the use of poison by livestock owners or operators. July 1, 2019. Nuisance wildlife, as defined in Florida Administrative Code (F.A.C.) (II) Refusal or inability to remit the specified fine and surcharges by mail when required constitutes a refusal to accept a penalty assessment notice. 423 (H.B. (b) If the alleged offender accepts the penalty assessment notice and pays the fine and the surcharges entered on the fine to the division within twenty days of issuance of the notice, the alleged offender's acceptance and payment constitutes an acknowledgment of guilt of the violation set forth in the penalty assessment notice. Arizona. Illegal businesses on division property, 33-6-114 . March 1, 2022. Shooting from a public road, 33-6-127 . (2) It is the duty of every clerk of a court before which prosecutions and appeals of violators of articles 1 to 6 of this title are heard, within twenty days after any such trial, appeal, disposition, or dismissal thereof, to notify the division, in writing, of the result thereof and the amount of fines collected, if any, and the disposition of such fines. May 3, 1985; Laws 2009, Ch. July 1, 2003; Laws 2019, Ch. July 1, 1990; Laws 1990, S.B.90-137, 3, eff. It's simple: it means an endangered or threatened species should not be injured or harassed by your nuisance wildlife control activities. (3) When protection of the public health, safety, or welfare requires, any officer having the power to enforce the provisions of articles 1 to 6 of this title shall have the authority to make use of any motor vehicle or other means of transportation, whether privately or publicly owned, to aid him in the performance of his duties. Damage to property or habitat under division control, 33-6-130 . 49 (H.B. But the law is very specific on the steps that need to be taken to remove an animal . X,`]}wt&RCWNaPcPtK>4PWCc May 30, 2002; Laws 2003, Ch. Living with Wildlife: Common Questions. 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. 362, 4, eff. 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. 33-6-108. (2)(a)(I) At the time that a person is charged with violating any misdemeanor or civil infraction provision of articles 1 to 6 of this title 33 or a rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment. 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. 242, 69, eff. 462 (S.B. "Denver does not have any law that restricts people from killing nuisance wildlife on their property. The commission may establish by rules or regulations requirements for preserving the evidence of sex or species or both sex and species of wildlife taken under the provisions of articles 1 to 6 of this title. Address: 4255 Sinton Road, Colorado Springs, CO 80907. In Colorado, a nuisance has been defined in the courts as an "unreasonable interference with the use and enjoyment of property.". 19-1026), 6, eff. Tall dandelions and other weeds are banned in Pueblo. (2)(a) Unless otherwise provided by commission rule and except as provided in section 33-6-107(9) for persons owning or leasing land, members of their family, or their agents, it is unlawful for a person to utilize electronic night vision equipment, electronically enhanced light-gathering optics, or thermal imaging devices as an aid in hunting or taking wildlife outside legal hunting hours according to commission rules. 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. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. May 31, 1994; Laws 2003, Ch. Aug. 6, 2003; Laws 2019, Ch. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. If a person is under a lifetime suspension and violates this subsection (6), such person shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. 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. Jan. 1, 1985. (4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 1 to 6 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law. 22-1229), 33, eff. 305, 6, eff. Hunters to wear daylight fluorescent orange garments, 33-6-122 . Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. (b) For the purposes of this section, food or edible waste shall not include live animals or food that is grown in the open prior to such food being harvested. May 22, 1994; Laws 1994, S.B.94-137, 11, eff. New or existing agents are eligible to take each certification examination a maximum of two times each permit year. Steps that need to be taken to Remove an animal is destructive or menacing a beautiful state like Colorado mountains. 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