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. City ordinance, Site Rules and Colorado Parks and Wildlife regulations are in effect unless otherwise or additionally posted onsite. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. Willful destruction of wildlife--legislative intent, 33-6-118 . 75, 1, eff. (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. (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. July 1, 2019. 220, 1, eff. Nuisance wildlife management is the selective removal of problem individuals or populations of specific species of wildlife. Nuisance Wildlife Resources. July 1, 1990; Laws 1994, S.B.94-137, 12, eff. Imposition of penalty--procedures, 33-6-105 . 242, 69, eff. It is unlawful for any person to possess any wildlife or considerable portion thereof in violation of such rules or regulations. The commission shall have the authority with respect to any such suspension to suspend the resident's privileges until satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of violation has been furnished to the division. Powers and duties of officers. 21-271), 555, eff. May 31, 1994; Laws 2003, Ch. We do not have Animal Management Officers available on Thanksgiving, Christmas or New Year's day. Discharge of a firearm may be prohibited in some cities and residential areas; check with local law enforcement. By administering the NWCO program, DEEP is implementing a mechanism to address the growing number of nuisance wildlife complaints. Contact the Colorado Division of Wildlife at 303-291-7227, or Lakewood Animal Control at 303-987-7173 for information about deterring nuisance wildlife. 2223 S. Highland Drive #194. New or existing agents are eligible to take each certification examination a maximum of two times each permit year. Sometimes, the animals get too close for comfort. The provisions of this subsection (3) shall not apply to . Dogs used to harass nuisance . (3) The provisions of the Colorado Crime Victim Compensation Act, article 4.1 of title 24, C.R.S., shall not apply to articles 1 to 6 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 1 to 6 of this title. July 1, 1988. (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. Chain link and wooden fence also works but is more expensive. July 1, 2017. MDWFP Wildlife Bureau - (601) 432-2199. Aquatic Nuisance Species at Colorado Parks and Wildlife Upon a second or subsequent violation of this section, the person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed: (a) Two hundred dollars for a first offense; (b) One thousand dollars for a second offense; or. July 1, 2003; Laws 2008, Ch. 33-6-120. Instead of being deposited in the wildlife cash fund, such balance or any portion thereof may be transmitted, upon order of the court, as follows: (I) To the seizing agency, if the court finds that the proceeds can be used by such agency; (II) To any person who suffers bodily injury or property damage as a result of the action which constitutes the violation, if said person petitions the court therefor. CreditsAdded by Laws 2003, Ch. (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. Nuisance bats, mice except Preble's mouse, rats, voles, porcupines and ground squirrels . Amended by Laws 1990, S.B.90-67, 5, eff. (1)(a) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall, when requested to do so by an officer of the division of parks and wildlife or other peace officer empowered to enforce articles 1 to 6 of this title 33, produce: (I) All applicable licenses that the division issued to the person; (III) All records required to be maintained by articles 1 to 6 of this title 33 or by any rule of the commission; (V) Any personal identification documents. Wildlife. (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. 159, 2, eff. Critter Control announced in September of 1999 that it had developed a reference manual and a certification test for Nuisance Wildlife Control Operators (NWCOs). Nuisance Wildlife Laws in Colorado . 462 (S.B. Colorado has its fair share of weird rules, some state-wide, some local to a city. Prosecution of offenses . The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section. July 1, 2019; Laws 2021, Ch. March 1, 2022. Aug. 6, 2003; Laws 2003, Ch. 49 (H.B. (c) Two thousand dollars for a third or subsequent offense. 462 (S.B. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Aug. 6, 2003. (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. July 1, 2019; Laws 2021, Ch. 423 (H.B. 423 (H.B. The division shall enter the suspension in accordance with article III of the Wildlife Violator Compact, part 26 of article 60 of title 24, and shall remove the entry upon satisfactory evidence of the person's compliance with an official notice of an alleged violation. 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. Concerning the financing of the division of parks and wildlife's aquatic nuisance species program, and, in connection therewith, creating an aquatic nuisance species stamp for the operation of motorboats and sailboats in waters of the state, increasing penalties related to the introduction of aquatic nuisance species . Fencing and other exclusion methods are likely the best option for solving nuisance wildlife problems. April 4, 2013. Nuisance Animal Technical Guidance. 19-1026), 10, eff. Any person may kill skunks or rattlesnakes when necessary to protect life or property. (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. In addition to state laws and regulations, some cities have local laws that prohibit feeding Colorado wildlife. 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. July 1, 2003; Laws 2019, Ch. 242, 68, eff. Legislation and Administration. Amended by Laws 2003, Ch. The state allows you to kill nuisance wildlife." What you need to know about Denver in 5 min. 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. Amended by Laws 2019, Ch. 19-1026), 6, eff. 115, 2, eff. 19-1026), 8, eff. (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. 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. Amended by Laws 1995, H.B.95-1212, 50, eff. Possession of a loaded firearm in a motor vehicle, 33-6-126 . (II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points. Amended by Laws 1994, S.B.94-137, 22, eff. (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. 164 followers . 423 (H.B. (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. Damage or destruction of dens or nests--harassment of wildlife . Theft of wildlife--tampering with trap. Possession as prima facie evidence. it is best to call Colorado Parks and Wildlife rather than taking action on your own. . (1) It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Killing of big game animals in contest prohibited, 33-6-119 . Citation. Oct. 1, 2002; Laws 2008, Ch. 33-6-107. (b) A rule of the commission promulgated pursuant to one or more of the articles specified in subsection (1)(a) of this section. Amended by Laws 2003, Ch. (1) Unless permitted by law or by the division, it is unlawful for any person to use toxicants, poisons, drugs, dynamite, explosives, or any stupefying substances for the purpose of hunting, taking, or harassing any wildlife. Wildlife and Parks and Outdoor Recreation. Use of a motor vehicle or aircraft--rules--repeal, 33-6-125 . Ariz. Rev. (f) Any person who violates this subsection (8) or any rule implementing this subsection (8) 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. Explosives, toxicants, and poisons not to be used. Items constituting public nuisance--when--seizure. 68 (H.B. (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). (1)(a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for any person to knowingly sell or purchase, or knowingly offer for sale or purchase, wildlife or to solicit another person in the illegal hunting or taking of wildlife for the purposes of monetary or commercial gain or profit. 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. Eggs incubate between 13-17 days and fledge after 18-24 days. 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. 6x)I2+]*4NcP0\l:` tUSOTHY0;@llCC~s~LhKcPFboc[5qX>wEahkP4 +1N:2QPMJ3\nYF^& exM5tq%~lX: . March 1, 2022. However, there may be times when conflicts arise. July 1, 1990; Laws 1990, S.B.90-137, 4, eff. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title. 305, 6, eff. (f) For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points. (b) All licenses obtained with false information are void. 305, 49, eff. Any 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 not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points. (5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title. 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. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 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. April 22, 1998; Laws 2003, Ch. May 31, 1994; Laws 2003, Ch. Aug. 5, 2008. 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. (b) A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of two thousand dollars and an assessment of twenty license suspension points. (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. Division action to recover possession and value of wildlife unlawfully taken. March 1, 2022. 144, 5, eff. Hunting, trapping, and fishing--intentional interference with lawful activities, 33-6-116 . (2) No verdict or judgment recovered by the state in such an action shall be for a sum less than the sum fixed in this section but may be for such greater sum as the evidence may show the value of the wildlife to have been when living and uninjured. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties. . May 31, 1994; Laws 1998, Ch. Aug. 8, 2012; Laws 2020, Ch. 144, 12, eff. May 31, 1994; Laws 2003, Ch. Killing of big game animals in contest prohibited. (II) If the peace officer is employed by another state agency, one-half to a fund administered by the state agency whose officer issued the citation, as designated by the state agency. 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. June 5, 2003. 21-271), 561, eff. 88, 1, eff. April 3, 1990; Laws 1994, S.B.94-137, 8, eff. 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. 33-6-117. 21-271), 553, eff. A person who violates this paragraph (a) 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. June 1, 1996; Laws 2002, Ch. (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. (1)(a) Except as otherwise provided in subsection (1)(b) of this section, all money collected for fines under articles 1 to 6 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction and resulting from issuance of a citation by an officer of the division of parks and wildlife, shall be transmitted to the state treasurer, who shall credit the money to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund. May 22, 2003; Laws 2012, Ch. 305, 9, eff. March 1, 2022. x 8To?lH*J6sflEe-6RY[ 34/01 : Development . For most people, "nuisance wildlife" means an animal is destructive or menacing. Amended by Laws 1990, S.B.90-67, 4, 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. (1)(a) It is unlawful for any person to hunt or take wildlife in a careless manner or to discharge a firearm or release an arrow in a careless manner that endangers human life or property. Amended by Laws 2019, Ch. 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. Added by Laws 2008, Ch. Article 6. Depending on what the nuisance is, this may involve a call . 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. %PDF-1.4 You must pass the Nuisance Wildlife Control Operator (NWCO) examination with a score of 80% or higher. 21-271), 557, eff. 33-6-113.5. (1) Every Colorado wildlife officer or other commissioned officer of the division shall enforce the provisions of articles 1 to 6 of this title. If you have not applied for a Fish and Wildlife Commission listing, registration or permit before click on . For Immediate Help Call (330) 333-6545. Disposition of fines and surcharges, 33-6-106 . 462 (S.B. A writ of replevin may issue in such an action without bond. 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. Nuisance Wildlife Removal . Amended by Laws 2003, Ch. May 31, 1994. 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nuisance wildlife laws in colorado