Bear Protection Ordinance
NEWS: City to begin enforcing Bear Protection Ordinance in new neighborhoods starting Wednesday, June 15
In 2014, the City of Boulder adopted Ordinance No. 7962 , which is intended to protect bears by reducing their ability to find food within the city. The ordinance requires all trash and compost to be secured from bears at all times until collected by a waste hauler.
Starting Wednesday, June 15, the City of Boulder will begin enforcing the bear protection ordinance in the entire area west of Broadway and south of Sumac Avenue. This includes all single-family residences, apartment buildings and commercial buildings. Residents and businesses must obtain and properly use bear-resistant waste containers (such as trash bins and dumpsters) or build and use waste enclosures.
- View downloadable map of the bear protection area
Please note that waste containers must not be overflowing with trash or compost or be left unlatched. Waste must be deposited inside containers. You can receive fines for not latching your container.
Fines for noncompliance--and no warnings
Code enforcement officers will start issuing fines immediately, and violators will not receive warnings. The fines are:
- $250 for the first offense
- $500 for the second offense
- $1,000 for the third offense.
Enforcement will include proper use of bear-resistant dumpsters.
Bear Protection Ordinance background
Bears are putting themselves in danger by leaving their natural habitat to scavenge for food in Boulder. In recent years several bears have been killed and more have been relocated because of public safety concerns. The intent of the ordinance is to protect bears by removing trash as a food source. Securing trash and compost will help protect bears by decreasing the accessibility of these food sources in areas near the foothills.
The bears are back! Check out this video from a Boulder resident
Although bear activity in the city is highest during the late summer and early fall, a small number already have made their way down from the foothills and into the city. Check out this video shared by a resident of a juvenile bear inspecting his bear-resistant waste bin--and deciding to move along after already having learned trying to break into the containers wasn't worth the effort.
This video was taken the evening of June 6, 2016.
Bear-resistant trash bins work -- See this video from Inside Boulder News
Bear-resistant trash bins are designed to be lightweight and easy-to-use for people but must be able to withstand even a hungry grizzly for 60 minutes. This video shows a grizzly trying--and failing--to break into a bin. The video of the bear's break in attempt begins around the 2:26 mark.
Enforcement of the Trash and Compost Storage Requirements
Since the ordinance went into effect, the city has implemented enforcement in phases so that residents and businesses could be informed about the ordinance and obtain proper carts. On Oct. 1, 2014, the City of Boulder began enforcing the waste storage requirements of the bear protection ordinance in the first implementation zone , located west of Broadway, south of Hawthorn Avenue and north of Dartmouth Avenue. In this area, all trash and compost containers (excluding dumpsters) and enclosures with waste collected by haulers must meet specific bear-resistant requirements .
Officers may issue tickets in-person or give citations to property owners via email, mail, or printed notification. The fine for a first offense will be $250, with fines of up to $500 for a second offense and $1,000 for a third violation.
Secure Your Compost and Trash (Recycling Excluded)
All compost and trash carts, containers, dumpsters, or enclosures must be bear-resistant ;
Stored in a building, house, garage, shed or other enclosed structure until emptied by a trash hauler.
If you put your carts or containers outside at any time (even just before pick-up on the morning of collection), the carts or containers must be bear-resistant . Bear-resistant containers must remain closed at all times and not overflow.
Bear-resistant carts are similar to most trash and compost carts currently used in Boulder, but are reinforced with special latches. Carts that meet the bear-resistant criteria have been tested and rated by the Interagency Grizzly Bear Committee.
Examples of Bear-resistant Carts That Meet the Ordinance Requirements
- Grizzly Poly Cart models (PC32-G, PC65-G, and PC95-G).
- Basic, Classic, and Stealth models
(PAK130, PAK132, PAK164, PAK195, STL135, STL264, and STL296)
Education and Enforcement
The city also enhancing education and enforcement efforts by:
- focusing education on rental properties, where resident turnover is typically higher;
- adding one to two code enforcement officers; and
- having code enforcement officers check for violations at each address twice per week during four months of the bear season, which extends from March 15 through Nov. 1.
At its Oct. 15, 2013 meeting, City Council received a staff update about bears and trash in the urban interface. This update was in part due to community and council concerns related to four bears that were killed by Colorado Parks and Wildlife due to public safety concerns. Council identified securing trash from bears as a priority and staff began developing options for council consideration. The community’s input helped shape the staff recommendation that was presented to City Council on Jan. 21, 2014.
- City Council discussed the options for securing trash in Boulder on Jan. 21, 2014.
- A public meeting was held on Dec. 9, 2013 to discuss the options for securing trash in Boulder.
- An Environmental Advisory Board meeting was held on Dec. 4, 2013 to discuss the options for securing trash in Boulder.
A. Problem Statement
Boulder has a history of black bears foraging on trash, fruit trees, bird feeders, and other food attractants in the western urban area. Black bears tend to avoid humans, though their presence in residential areas is well-documented, and the potential for interaction with community members is a potential threat to human safety.
The greatest danger to bears occurs when they become dependent on human food. The average trash receptacle contains thousands of usable and easily accessible calories for a bear to consume. Bears discover that it is quicker and easier to knock over a trash container for food than to forage for their natural food sources in nearby wooded habitat and natural areas. While eating trash, bears consume cellophane, foil, and other non-digestible material that is harmful and can make them sick.
Eating trash is not the only danger to bears. Bears that spend time eating human-generated food sources get used to being around people, lose their natural fear of people, and then spend more time in town. These habituated bears have a higher mortality rate than bears that live in natural areas. In 2013 alone, two bears were killed by cars, and four bears were killed by Colorado Parks and Wildlife officers due to public safety concerns.
The most effective way to curb bears learning to live off trash in town is to secure trash. By developing effective strategies to secure trash, and improve community awareness on how to co-exist with bears, the city and the community will increase the safety of residents while protecting local wildlife.
- Encourage the community to participate in the conversation about options to improve trash storage.
- Collect community feedback on options to reduce the accessibility of food waste to bears.
- Use community feedback to develop a staff recommendation for City Council on Jan. 21, 2014, leading to an ordinance with solutions to reduce bears' access to trash.
C. Adaptive Management Approach
On Oct. 18, 2011, City Council accepted the Black Bear and Mountain Lion Component of the Urban Wildlife Management Plan (UWMP), which identifies an adaptive management approach to reducing the accessibility of trash to bears in Boulder. The approach includes a three-year monitoring and evaluation cycle, which involves the following three steps:
- Step 1: Monitor the issue and build community education and awareness (2012 and 2013);
- Step 2: Evaluate results and success (2014); and
- Step 3: Make changes to the approach based on the evaluation results (2014).
D. Programs Implemented
The 2012 and 2013, UWMP implementation efforts to address bears in trash included:
- community surveys designed to uncover current attitudes, behaviors, and obstacles in living with black bears in western Boulder;
- bear activity monitoring, including systematic recording of bear/trash conflicts in select neighborhoods west of Broadway; and
- the Bear Education and Enforcement Pilot Program, in partnership with Colorado Parks and Wildlife.
E. Issues and Considerations
Community feedback provided during the development and implementation of the Urban Wildlife Management Plan (UWMP), in addition to research on strategies to limit bears access to trash, have illustrated a successful community-supported program that improves the way trash is secured from bears must consider the issues listed below.
- Effectiveness vs. Feasibility: The most effective trash securing strategies implemented by other communities may not be feasible for Boulder. Specifically, the most effective long-term solution to securing trash from bears is to establish communal trash enclosures that serve about 20 residences per enclosure (for more information on evaluating the effectiveness of waste management collection systems, visit the website). Due to challenges in identifying space for communal dumpsters in areas where bears most commonly access trash in Boulder, communal dumpsters are not listed as an option at this time.
- Compliance and Enforcement of the Current Trash Ordinance: Code enforcement patrols for violations and many are observed by an officer without being reported by a resident. Although Boulder requires residents and businesses to secure trash from animals, the ordinance is currently a reactive enforcement, once trash has already been scattered. The law has been difficult to enforce, because trash is often scattered by bears in the evening or early morning hours. When an incident is reported, the trash may have been cleaned up prior to the arrival of an officer, leaving no evidence of bear activity and thus preventing staff from issuing a warning or summons. In addition, the pilot area showed 20 percent of homes had trash violations observed by an officer. If that percentage of trash violations was extrapolated to the area of the city used by bears (view the Map of Trash Regulation Zone ), more than 2,000 residences would need to be contacted, exceeding current code enforcement staffing levels.
- Bears Being Killed: Community input has stressed the concern caused by the need to kill four bears in Boulder in 2013. City Council has also expressed the importance of securing trash to protect bears.
- Cost: While community members do not seem opposed to the use of bear resistant-containers, the city received feedback that additional monthly household costs are too expensive. Western Disposal, the trash hauler for the majority of city residents, may have to shoulder costs of changing trash and compost containers and services, and the city may have additional staffing costs for increased enforcement. See the "Potential Cost Impacts" section below for more information.
For more information, review the Analysis of Trash Storage Approaches to Deter Bears .
F. Evaluation of Education and Law Enforcement as a Strategy to Improve Trash Storage
The following four guiding questions were used in the Black Bear Education and Enforcement Pilot Program, and mid-program (2012) findings provide information about the effectiveness of education and law enforcement as a strategy to effect behavior change in how trash is stored.
1. Is education alone an effective strategy to positively impact how trash is stored?
No. The pilot showed there was a five percent difference between the number of trash violations at residences that had been contacted through door-to-door education versus residences that had not been contacted.
2. Does education followed by law enforcement positively impact trash storage behavior?
Yes. Behavior change was detected in three different aspects of the program:
- Voluntary increase in the use of bear-resistant containers
There was a significant increase in voluntary use of bear-resistant containers by Western Disposal customers, increasing from 24 percent at the beginning of the pilot program in April 2012, to 40 percent in October 2012.
- Change in the pattern of putting out the trash the night before pick up
Most residents who received warnings from law enforcement officers (58 percent) and all residents who received a court summons (100 percent) did not repeat the behavior of putting their unsecured trash out the night before pick up.
- Appearance of fewer violations over time (and during peak urban bear activity)
Throughout the focused law enforcement period (July to November), violations decreased from 24 to four.
3. If education and law enforcement do positively impact behavior, is the change significant enough to merit continuing with the approach as the primary strategy to address the problem of trash as an attractant to bears?
Maybe. Despite high levels of awareness and compliance by a majority of residents, unsecured trash of a minority of residents creates a significant attractant to bears. Approximately 20 percent of homes were not in compliance with current trash laws that specify that trash must be secured from bears. Though that percentage is relatively low, the number of residents that need to be contacted by law enforcement is significant: there are an estimated 12,436 residences in the area of Boulder that is frequented by bears (west of Broadway Avenue, south of Wonderland Lake, and north of the southern city limits). If the percentage of residences that experienced bear/trash conflicts in the pilot area was extrapolated to the area of the city frequented by bears, about 1,914 residences would need to be contacted by code enforcement officers.
4. Do current trash regulations adequately address the availability of trash to bears?
No. There are two major limitations of current trash regulations:
- The current trash ordinance is reactive and not proactive
The current city ordinance requires trash, recycling, and compost to be stored in a manner that they are not overflowing, and their contents are not scattered by animals; and prohibits containers from being put outside prior to 5 a.m. the morning of pick up. Residences that have alley trash pickup are exempted from the latter requirement. The ordinance does not provide guidance about how trash must be stored so as to not be scattered by animals, and can only be enforced after trash has already been disturbed.
- Enforcement of the trash ordinance requires an officer to serve a summons for the observed infraction directly to the resident or property owner.
The limitations of this “direct serve” requirement are that contact may not be made if residents are not home during contact attempts, or that residents do not come to the door when contact is being attempted.
G. Community Evaluation of Ordinance Options
City Council and staff considered the community's input while evaluating potential options for the location, storage, and enforcement of trash regulations to make food waste less accessible to bears.
City Council Meetings
- Jan. 21, 2014 City Council Agenda Item
- Feb. 18, 2014 First Reading Agenda Item
- March 5, 2014 Second Reading Agenda Packet
- March 18, 2014 Third Reading Agenda Packet
From Nov. 22 to Dec. 23, 2013, the city collected feedback on options to secure trash and protect bears. Public feedback was collected via:
- an online survey, completed by 302 people (see the Bears & Trash Survey Results );
- a public meeting on Dec. 9, 2013 (attended by 29 community members); and
- 57 direct emails received by staff.
H. Scientific Research Supports the Ordinance
A peer-reviewed scientific study published in the May 2014 issue of Ursus (a journal of the nonprofit International Association for Bear Research and Management) concluded that bears readily adapt their dietary habitats in response to the availability of food sources. Researchers found that garbage was a significant food source for bears in Yellowstone National Park until the park made its trash cans bear-resistant and closed nearby landfills. Once trash was no longer accessible, the bears changed their diet to include more grasses, insects, forbs, berries, fish and mammals.
Urban Wildlife Conservation Coordinator
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Boulder Bear Videos
This is a video segment from the September 26, 2014 episode of Inside Boulder News. For more videos, visit: BoulderChannel8.com
This is a video segment from the June 27, 2014 episode of Inside Boulder News. For more videos, visit: BoulderChannel8.com