Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0103.01 Karen Epps           SENATE BILL 06-075
                   SENATE SPONSORSHIP
 Hanna, 
 
                    HOUSE SPONSORSHIP
 Todd, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning human behaviors related to wildlife in urban
            areas.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Punishes the offense of knowingly luring wildlife in urban areas
       with food or edible waste or allowing wildlife to establish housing on a
       person's property by a fine of $100 for a chargeable first offense, $500 for
       a second offense, and $1,000 for a third or subsequent offense.  Exempts
       the feeding of songbirds, acts related to agriculture, and acts allowed by
       wildlife commission rule.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 6 of title 33, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            33-6-132.  Unlawfully luring wildlife or allowing establishment
       of housing - definitions.  (1)  Unless otherwise permitted by
       commission rule, it is unlawful for any person in an urban area
       to:
            (a)  Place food or edible waste in the open with the intent
       of luring wildlife to such food or edible waste; or
            (b)  Allow wildlife to establish housing on the person's
       property.
            (2)  This section shall not apply to acts related to
       agriculture, as defined in section 35-1-102 (1), C.R.S., and shall
       not apply to the casual or recreational feeding or housing of
       songbirds.
            (3)  Any person who violates this section shall be given a
       warning.  Upon a second or subsequent violation of this section,
       such person is guilty of a misdemeanor and, upon conviction,
       shall be punished by a fine not to exceed:
            (a)  One hundred dollars for a first conviction;
            (b)  Five hundred dollars for a second conviction; or
            (c)  One thousand dollars for a third or subsequent
       conviction.
            (4)  For purposes of this section, unless the context
       otherwise requires:
            (a)  "Food or edible waste" shall not include live animals
       or food that is grown in the open prior to such food being
       harvested.
            (b)  "Housing" means a den, nest, or other structure built
       by wildlife.
            (c)  "Songbird" means any small, arboreal bird that utters
       a melodious song or call or whose presence is commonly
       welcomed in residential areas.
            (d)  "Urban area" means any land located within any
       incorporated city or municipality.  The term also means any
       land located in the unincorporated areas of any county that is
       zoned as residential land and for which a final plat for
       subdivided land has been approved by the board of county
       commissioners pursuant to section 30-28-110 (3) and (4), C.R.S.,
       and that is also included in a local governmental entity that
       has a statutory authorization to provide for parks, trails, or
       open spaces.
            (e)  "Wildlife" means potentially dangerous and not
       domesticated animals, including, without limitation, coyotes,
       feral cats, foxes, raccoons, skunks, and squirrels.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.