nuisance wildlife laws in colorado

(7)(a) Any person who violates subsection (4) of this section commits a class 2 misdemeanor. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. No previous demand for possession shall be necessary. Amended by Laws 1985, H.B.1116, 12, eff. 462 (S.B. Contact a KDFWR Law Enforcement Officer or Wildlife Biologist in your area for assistance. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points. Explosives, toxicants, and poisons not to be used, 33-6-132 . Oct. 1, 2002; Laws 2008, Ch. July 1, 2019; Laws 2020, Ch. Depending on what the nuisance is, this may involve a call . (c) Repealed by Laws 2003, Ch. or any other drug the possession of which is an offense under the laws of this state, or any imitation controlled substance, as . State. . 20-1087), 7, 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. 462 (S.B. (6) It is unlawful for any person to transport, import, export, or release any live native or nonnative fish or viable gametes (eggs or sperm) in violation of any quarantine order or disposition plan issued in accordance with any provisions of articles 1 to 6 of this title or any rule or regulation of the commission. Jan. 1, 1985. For wildlife issues, including sick or injured wildlife, please contact Colorado Parks and Wildlife at 303-291-7227 or visit //cpw.state.co.us/. (1) It is unlawful for any person to take from another person, without his permission, any wildlife lawfully acquired and possessed by him. July 1, 2003; Laws 2003, Ch. Bats There are two options for taking the NWCO exam: In person at a DEC office: Register for the exam: contact a regional DEC wildlife office. (1) The commission, or a hearing officer who has been delegated authority by the commission, has the exclusive authority to suspend the privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division for a period not to exceed five years, except as otherwise provided in articles 1 to 6 of this title, if a person: (a) Has been convicted of violations of articles 1 to 6 of this title totaling twenty or more points in any consecutive five-year period; (I) Has been convicted of wildlife violations of another state, or any Canadian province, United States territory, or federal agency which is a member of the Wildlife Violator Compact, part 26 of article 60 of title 24, C.R.S.,1 for which equivalent charges exist in this state, and such convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), would total twenty or more points in any consecutive five-year period. Licensing violations--penalties--rule, 33-6-108 . CPW issues hunting and fishing licenses, conducts research to improve wildlife management activities, protects high priority wildlife . 423 (H.B. 33-6-115. 33-6-114. Killing of big game animals in contest prohibited. (3)(a) Service of a copy of a summons and complaint or penalty assessment notice issued pursuant to subsection (2) of this section must be provided at least ten days before the date set for a hearing on the matter by: (I) Providing personal service of the copy directly to the alleged offender; (II) Leaving the copy at the alleged offender's last-known place of residence with an individual who is eighteen years of age or older and who resides at the residence; or. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. (b) For the purposes of this section, careless means failing to exercise the degree of reasonable care that would be exercised by a person of ordinary prudence under all the existing circumstances. (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. March 20, 2020. March 1, 2022. Aquatic Nuisance Species at Colorado Parks and Wildlife (4) Except as otherwise provided in this section, the court may order any such property sold by the division in the manner provided for sales on execution. The alternatives may include: Options to demonstrate knowledge of hunting, safety, and ethics; course delivery options; completion of a hunter education course, including any required hands-on activities, offered pursuant to section 22-1-134; issuing temporary or apprentice certificates of hunter education; and an option to test out of the hunter education course. March 1, 2022. 462 (S.B. West's Colorado Revised Statutes Annotated. Amended by Laws 2021, Ch. 6x)I2+]*4NcP0\l:` tUSOTHY0;@llCC~s~LhKcPFboc[5qX>wEahkP4 +1N:2QPMJ3\nYF^& exM5tq%~lX: . Amended by Laws 1994, S.B.94-137, 20, eff. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged while eluding an officer. "Nuisance wildlife laws in Colorado," CPW Digital Collections, accessed August 31, 2022, https://cpw . A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. 144, 11, eff. Report sightings of feral swine or transportation activities to USDA Wildlife Services at 1-866-4-USDA-WS (1-866-487-3297) or Colorado Parks and Wildlife at 303-297-1192. 33-6-118. Any person may kill skunks or rattlesnakes when necessary to protect life or property. We hope you will. Find resources and information to help you deal with nuisance wildlife on your property. May 31, 1994; Laws 1998, Ch. July 1, 2008; Laws 2019, Ch. (1) The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title. 19-1026), 13, eff. Wildlife Species. (II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points. 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. 305, 7, eff. Summit Wildlife Control is a state-licensed nuisance wildlife removal company serving Summit County, Ohio and surrounding areas. Amended by Laws 1990, S.B.90-67, 5, eff. Amended by Laws 1994, S.B.94-137, 17, eff. Class 1 public nuisance. Citation. 462 (S.B. (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. Jan. 1, 1985, 33-6-101. Aug. 6, 2003; Laws 2021, Ch. Such additional penalties may be used to further law enforcement or wildlife related programs. Computer-assisted remote hunting prohibited, 33-6-133 to 33-6-142 . July 1, 1985; Laws 1994, S.B.94-137, 13, eff. The following shall be considered the minimum value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife: (a) For each eagle, member of an endangered species, rocky mountain goat, moose, rocky mountain bighorn sheep, or lynx $1,000 (b) For each elk or member of a threatened species or subspecies $ 700 (c) For each pronghorn, deer, black bear, or mountain lion $ 500 (d) For each raptor not covered by paragraph (a) or (b) of this subsection (1) and each wild turkey $ 200 (e) For each member of nongame or small game species or subspecies not covered by paragraph (a) or (b) of this subsection (1) $ 100 (f) For each game fish not covered by paragraph (a) or (b) of this subsection (1) $ 35. 33-6-115.5. Aug. 6, 2003. It has long been recognized that necessary laws and regulations constitute an important tool of resource management, particularly as a means of imposing restraints. (4.5) With respect to any suspension of the license of a resident pursuant to the provisions of a compact with another state, territory, or province for failure to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged wildlife violation issued by a wildlife officer or other authorized peace officer in such other state, territory, or province, the hearing shall be conducted by the commission at the time and place of a regularly scheduled meeting without the need for any prior hearing by the hearing examiner. Wildlife and Parks and Outdoor Recreation. There are numerous bird species that call Colorado home, but only a few of these species are considered nuisance birds.. Any person who violates this subsection (1) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and is assessed twenty license suspension points. The Animal Control Bureau does not set county-owned traps for nuisance wildlife, nor do they service personal traps. Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court. Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. May 31, 1994; Laws 1996, S.B.96-38, 2, 3, eff. 20-1087), 5, eff. (2) It is unlawful for any person to post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands. 33-6-112. (b) A suspension issued pursuant to this subsection (1.3) remains in effect until the person furnishes or causes to be furnished satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. Contact the CWS Permits Officer at 905-336-4464 (answering machine), 905-336-4587 (fax) or wildlife.ontario@ec.gc.ca. Such hearing shall be conducted by a hearing examiner on behalf of the commission. 33-6-116. 462 (S.B. Transportation, importation, exportation, and release of wildlife, 33-6-114.5 . Exclusion can be effective for some species, such as rabbits, bats, squirrels, raccoons, chipmunks, groundhogs, Canada geese and other waterfowl. Jan. 1, 1985. Jan. 1, 1985. March 1, 2022. 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. Jan. 1, 1985. 462 (S.B. (3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. (5) Notice of any resulting suspension shall be sent to the person by certified mail, return receipt requested, to the last-known address of such person and to license agents and other persons who should be notified of such suspensions. Hunting, trapping, and fishing--intentional interference with lawful activities. A person who violates this subsection (6) 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. 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. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 33-6-120. 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. 2023 Michigan State University College of Law. 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. For Immediate Help Call (330) 333-6545. It is often a good idea to check them more frequently - perhaps 2 to 3 times a day. 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. A person who violates this paragraph (b) 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. Nuisance bats, mice except Preble's mouse, rats, voles, porcupines and ground squirrels . May 22, 2003; Laws 2015, Ch. \*_g;e.3(w%*>J8I8h;IbjhE$Ql*1ar'R*6 lLuAF).Ba2Q3[u2Xt$(fs8\ Possession as prima facie evidence. Hunting, trapping, and fishing--intentional interference with lawful activities, 33-6-116 . 305, 7, eff. Colorado Parks and Wildlife makes available on-line rules and laws that apply to nuisance wild animals. It may even become necessary to remove Nuisance Wildlife from your property. Any person who violates this subsection (1) commits a class 2 misdemeanor. 6930. (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. The breeding season for swallows lasts from March through September. April 22, 1998; Laws 2003, Ch. The effect .. 5035772: 1/4/2008 Vol. 295, 9, eff. Amended by Laws 1989, H.B.1187, 6, eff. Damage to property or habitat under division control. 19-1026), 11, eff. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars. (9) Repealed by Laws 2012, Ch. Nuisance Wildlife. (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. 34/01 : Development . (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. Contact the Colorado Division of Wildlife at 303-291-7227, or Lakewood Animal Control at 303-987-7173 for information about deterring nuisance wildlife. 33-6-117. Theft of wildlife--tampering with trap, 33-6-115.5 . June 1, 1996; Laws 2002, Ch. As a service to the public FWC will continue to let Nuisance Wildlife Trappers list their services on its web site at MyFWC.com. (2) It is unlawful for any person to import any live wildlife into this state unless an importation license is obtained prior to importation, a current and valid health certificate accompanies each shipment, and such importation is in accordance with the rules and regulations of the commission. Amended by Laws 1991, H.B.91-1270, 5, eff. (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 17, 1996. (2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he: (a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by: (I) Use of any natural or artificial source of noise or light; (II) Giving chase to prey on foot or by use of any vehicle; (III) Throwing objects or making movements; (b) Intentionally harasses any person lawfully participating in the activity of hunting, trapping, and fishing by use of threats or actions; (c) Erects barriers with the intent to deny ingress to lawfully designated hunting, trapping, and fishing areas; (d) Intentionally interjects himself into the line of fire; (e) Engages in any other conduct with the intent to disrupt or prevent lawful hunting, trapping, and fishing activities. July 1, 2019. May 30, 2002; Laws 2003, Ch. 144, 10, eff. (5) Nothing in this section shall limit the actions of law enforcement officers and personnel of the division of parks and wildlife in the performance of their official duties nor apply to landowners, tenants, or leaseholders exercising their legal rights to the enjoyment of land, including, but not limited to, farming, ranching, and restricting trespass, nor will anything in this section be construed to prohibit any incidental interference arising from the lawful use of land or water. May 31, 1994; Laws 2011, Ch. 5 0 obj (III) Mailing the copy to the alleged offender's last-known place of residence by certified mail, return receipt requested. 423 (H.B. (1) It is unlawful for any person to possess, transport, import, or export any live native or nonnative fish or viable gametes (eggs or sperm) except in accordance with the rules and regulations of the commission. (3) Any person who fails to void the person's license or carcass tag as required by commission rule 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. 49 (H.B. May 29, 2008; Laws 2019, Ch. to 7 x 7 x 24 in., longer if a double-door trap is used. July 1, 2019. A person who violates this subsection (2) commits a class 2 misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of three hundred dollars and an assessment of fifteen license suspension points or shall, with respect to all other game wildlife, be punished by a fine of one hundred dollars and an assessment of ten license suspension points. It is unlawful for any person, except a duly authorized peace officer acting in the line of duty, to discharge any firearm or release an arrow from, upon, or across any public road. Dates and locations: Exam held at various times throughout the year at DEC wildlife offices. (1) Every motor vehicle, vessel, firearm, seine, net, trap, explosive, poisonous or stupefying substance, or other personal property used in the hunting, taking, or harassing of wildlife in violation of the provisions of articles 1 to 6 of this title is declared to be a public nuisance. A writ of replevin may issue in such an action without bond. In the wildlife field, these restraints have roots in antiquity. (2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5. Human/domestic animal exposure to wildlife. 33-6-114.5. (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. March 1, 2022. 305, 4, eff. (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. Following are summaries of Colorado's most common regulations and statutes pertaining to nuisance wildlife questions. Items constituting public nuisance--when--seizure 33-6-103 . Fees associated with stopping the nuisance. 164 followers . (II) For each big game license, a fine that is equal to twice the cost of the most expensive license for such species and an assessment of fifteen license suspension points shall be assessed. (b) Garments shall be a minimum of five hundred square inches and shall be worn as an outer garment above the waist, part of which shall be a hat or head covering visible from all directions. Damage or destruction of dens or nests--harassment of wildlife. Amended by Laws 2003, Ch. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to all other wildlife, be punished by a fine of fifty dollars and an assessment of five license suspension points. Requires all outdoor light fixtures to be fully or partially shielded except incandescent fixtures of 150 watts or less and other sources of 70 watts or less. (b) If wounded game goes onto private property, the person who wounded the game shall make a reasonable attempt to contact the landowner or person in charge of such land before pursuing the wounded game. Hunters to wear daylight fluorescent orange garments, 33-6-122 . (2) A person who violates this section commits a petty offense and is assessed twenty license suspension points. 423 (H.B. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Jan. 1, 1985. 144, 12, eff. July 1, 2003. Chain link and wooden fence also works but is more expensive. (1) No person shall willfully prevent or interfere with the lawful participation of any individual in the activity of hunting, trapping, or fishing in accordance with this article. (b) A person who violates this section is subject to a fine of five hundred dollars and an assessment of fifteen license suspension points if at the time of the violation the person: (I) Was hunting under a valid big game license; (II) Killed a big game animal that is not covered by the license; and, (III)(A) Immediately field dressed the animal; and. 147.724. March 1, 2022. (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. Colorado has its fair share of weird rules, some state-wide, some local to a city. Hunters to wear daylight fluorescent orange garments. July 1, 2019; Laws 2021, Ch. If you have not applied for a Fish and Wildlife Commission listing, registration or permit before click on . (b) Any person who violates subsection (2), (3), (5), or (6) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. Hunting with artificial light, night vision, or thermal imaging devices, 33-6-128 . 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. Special Proceedings Part 3 - Abatement of Public Nuisance 16-13-303. 20-1087), 4, eff. 33-6-105. In general, feeding any wildlife is illegal under animal harassment laws. CO Rev Stat 16-13-303 (2016) What's This? March 1, 2022. Jan. 1, 2006; Laws 2008, Ch. July 1, 2003; Laws 2008, Ch. (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. 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. COVID-19 Exposure and Safe Wildlife Handling Guidance [pdf] Monday - Friday, 7 a.m. to 5 p.m. Saturday - Sunday, 7 a.m. to 5 p.m. Jan. 1, 1985. Sometimes, the animals get too close for comfort. 19-1026), 5, eff. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 33-6-130. 106, 1, eff. This site is not a law firm and cannot offer legal advice. (b) A rule of the commission promulgated pursuant to one or more of the articles specified in subsection (1)(a) of this section. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Legislation and Administration. . (9) For the purposes of this section, any person, any member of such person's family, or any employee of the person may hunt, trap, or take black-billed magpies, common crows, starlings, English or house sparrows, common pigeons, coyotes, bobcats, red foxes, raccoons, jackrabbits, badgers, marmots, prairie dogs, pocket gophers, Richardson's ground squirrels, rock squirrels, thirteen-lined ground squirrels, porcupines, crayfish, tiger salamanders, muskrats, beavers, exotic wildlife, and common snapping turtles on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. And regulations in this handout are paraphrased for easier understanding and are intended only as a service the! Chain link and wooden fence also works but is more expensive wildlife please., trapping, and poisons not to be harassing wildlife ) all other wildlife species, commits a 2. 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