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Wildlife Resistant Containers

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1. Why pass an ordinance requiring wildlife resistant trash containers?

City Council found that there were an increasing number of bear and other wildlife encounters in urban areas of the city. This growth was primarily due to inadequate security of residential and commercial waste placed outside for collection.

2. What is required by the ordinance?

Any refuse container, regardless of size, left outside a house, garage, or other enclosed building that is an attractant to bears or other wildlife must be stored in a bear resistant container, a bear resistant dumpster, or a bear resistant enclosure.

3. What has changed with the new ordinance?

The new ordinance requires all trash containers to be certified as bear resistant by the Interagency Grizzly Bear Committee and dumpsters or dumpster enclosures to be bear resistant.  Trash haulers are required to provide bear resistant receptacles to their customers within a three-year period.

4. What is “attractant refuse?”

Attractant refuse means any waste that could reasonably attract wildlife which includes, but is not limited to:

kitchen organic waste toothpaste spices

food deodorant seasoning

food packaging cosmetics grease

Attractant refuse does not include recyclables that have been rinsed and cleaned.

5. Is this just for bears?

No, the intent is to prevent any non-domestic mammal indigenous to the Yampa Valley including, but not limited to, bear, deer, elk, moose, raccoon, coyote, beaver, skunk, badger, bobcat, mountain lion, porcupine, and fox from being attracted to human created refuse.

6. Are there issues with items other than trash?

It’s unlawful for any person to knowingly leave or store any refuse, recyclable, food product, pet food, grain, salt or any other materials attractive to or edible by wildlife in a manner which may attract or entice wildlife.

7. When will I need a bear resistant trash container?

The new ordinance went into effect on May 10, 2020. However, trash haulers may phase in the supply of bear resistant containers and dumpsters over a three year period to be completed by 2023. The schedule for phasing in bear resistant containers and dumpsters is:

• 25% must be bear resistant by March 31, 2021
• 50% must be bear resistant by March 31, 2022
• 100% must be bear resistant by March 31, 2023

8. When will I receive my new compliant container from my trash hauler?

Local waste haulers will be communicating directly with customers on a roll out schedule.

9. When can I put my trash out?

Customers with curbside pickup service shall place bear resistant containers at the curb, alley, or public right-of-way on the morning of the scheduled pick up no earlier than 6:00AM. After pickup, all containers must be removed from the curb, alley, or public right-of-way on the same day.

10. Do I need to put yard waste, cardboard and clean recycling in a bear resistant container?

Household waste that cannot reasonably be considered “attractant refuse,” including but not limited to, non-edible yard maintenance waste, household items, clean recyclables, and cardboard do not require the use of bear resistant containers when not comingled with attractant refuse.

11. I keep my trash containers in my garage. Do I need a bear resistant container?

Any container left outside, including trash pickup days, must be bear resistant.

12. How do I know if my container is bear resistant?

Approved containers must be certified to be bear resistant by the Interagency Grizzly Bear Committee (IGBC).

Bear resistant dumpster means a fully enclosed metal refuse container with either a tight-fitting metal lid or a hardened, plastic lid with metal reinforcement that can be latched into a closed position which prevent access to its contents by wildlife.

Bear resistant dumpster enclosure means an enclosed structure consisting of four sides and a secure door and cover which shall have a latching device of sufficient design and strength to prevent access to a dumpster by bears.

The City Clerk will maintain an official list of bear resistant containers approved by the IGBC. 

13. I rent my property – who is responsible for ensuring compliance?

The owner and/or manager of any property on which refuse is stored will be liable for any violation regardless of whether they are directly responsible for the failure to secure the dumpster or enclosure in accordance with its design.

Your lease may have specific provisions for responsibilities and/or fines levied by your landlord/property manager.

14. What is required of trash haulers?

Any trash hauler who provides a refuse receptacle to a city customer shall only provide bear resistant containers or bear resistant dumpsters. The trash hauler may offer different container sizes and charge a fee for providing the container or dumpster.  The trash hauler may phase in the supply of bear resistant containers and dumpsters over the span of three years to be completed by 2023

15. What happens if my trash container is damaged?

A damaged bear resistant container must be replaced or removed by the trash hauler within seven days.

16. What happens if my dumpster or enclosure is damaged?

If a bear resistant dumpster or enclosure is damaged, allowing access to wildlife, repairs must be made within seventy-two hours after written notification by the City to the person in charge of the property.

17. Can I get help with the cost of a compliant container?

The city will provide financial assistance to individuals and families who qualify for federal low-income assistance programs, such as SNAP, LEAP, SSI, Medicaid, EITC, and TANF. 

Customers will need to provide proof of billing from the trash hauler and evidence of current eligibility for federal assistance.  The subsidy amount will be $100 annually and the program will expire December 31, 2022.

18. Are there fines for non-compliance?

The municipal court is authorized to establish a penalty schedule for violations. The mandatory minimum fines may increase for repeat and multiple offenders. Trash haulers who do not comply may have their license suspended or revoked.

19. Am I allowed to have a bird feeder?

Bird feeders are permitted; however, between April 15 and November 15, all feeders must be removed at night or suspended on a cable or other device so that they are inaccessible to bears and other wildlife. The area below feeders must be kept free of the accumulation of seed, seed debris, or other attractive or edible materials.

20. When Did the New Ordinance Become Effective?

This provision went into effect on May 10, 2020.