The URL can be used to link to this page

Browse Search

Home My WebLink About20000363 CORRESPONDENCE RESPONSE DEPARTMENT OF COILn ti CL OCR, -t * * * PLEASE RESPOND WITHIN THREE DAYS? * * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED AC?ION: Narrative: LNi, �u BAXTER ` — HALL 7 GEILE L�flu'`W KIRKMEYER / 7 VAAD 0. - METHOD OF RESPONSE Board Action - Work Session Letter (Attached) - Telephone Call - No Response (explain) / �X. 716Depa41 rtment Hea i?l S glat4re M:\CAROL\O PMAN\R DOOM P2 OCYtWirj O 7)((IQ, 2000-0363 WELD COUNTY ATTORNEY'S OFFICE / PHONE: (970) 356-4000, EXT. 4391 FAX: 352-0242 9A TENTH STREET P.O. BOX 1948 ' GREELEY, COLORADO 80632 January 21, 2000 • COLORADO John T. Grattan P.O. Box 345 Keenesburg, CO 80643 RE: Intra-County Transfers of Prairie Dogs Dear Mr. Grattan: This letter is in response to a letter your wrote to Weld County Commissioner Barbara Kirkmeyer and received by her on January 5, 2000. In your letter; you state certain questions regarding intra-county transfer of prairie dogs (from property located within Weld County to another property also located within Weld County). You refer to the hearing held by the Board of County Commissioners of Weld County on July 13, 1999, at the Keenesburg Fire House. That hearing was to consider the transfer of prairie dogs by the Colorado Division of Wildlife from areas outside of Weld County to the Banner Lakes State Wildlife Area near Hudson, Colorado. Enclosed is a copy of C.R.S. § 35-7-203. The hearing on July 13, 1999, followed the procedures set forth in (1). As you can see. (1)(d) provides an exception to prior approval by the Board of County Commissioners for releasing prairie dogs ". . . into the county in which such [prairie dogs] were originally taken into captivity." This means that the intra-county transfer of prairie dogs does not need prior approval by the Board of County Commissioners, unlike inter-county transfers (from another county into Weld). You asked in your letter if Weld County can make a law to prohibit intra-county transfers or, at a minimum, have the same hearing requirement that the statute requires for inter-county transfers. It is my opinion that C.R.S. § 35-7-203(1)may be interpreted to preclude the County from passing an ordinance to prohibit or restrict intra-county transfers. The reason is that the General Assembly in (1)(d) specifically excepted intra-county transfers from the hearing requirements. This implies that people are free to do intra-county transfers without regulation or restriction. With that in mind, however, I must advise you that Washington County has passed an ordinance which attempts to prohibit intra-county transfers. It is my opinion that the authority for the Washington County Ordinance is somewhat uncertain. A copy of that ordinance is enclosed. Letter, Grattan January 21, 2000 Page 2 I suggest that at this time it would be best for you to seek a change in C.R.S. § 35-7-203, such that the exception in (1)(d) is eliminated. It would make sense that all transfers of prairie dogs, whether they are intra-county or inter-county, should be given prior approval by the Board of County Commissioners before the transfer takes place. The elimination of(1)(d) would give a more clear indication that there is authority for an ordinance such as that produced by Washington County. Commissioner Kirkmeyer asked me to provide you with the names, addresses, and telephone numbers of your state legislatures. They are as follows: Senator Marilyn Musgrave Representative Steve Johnson 15484 Road 18.5 5928 Lakeview Drive Ft. Morgan, CO 80736 Ft. Collins, CO 80526 (970) 867-3245 (970) 223-8045 If you should have any questions regarding this letter, please feel free to call at (970) 356- 4000, extension 4390. Sincerely, Bence T. Barker Weld County Attorney BTB/db:Let/Grattan.wpd /db:L et/Gratt an.wp d Enclosures pc: Barb Kirkmeyer Clerk to the Board •,� •= c r.n iSHING7IJN CDM9 P. 02 ,,f(.J 19 :417 WASHINGTON COUNTY ORDINANCE AN ORDINANCE PROHIBITING THE IMPORTATION OF PRAIRIE DOGS INTO WASHINGTON COUNTY, COLORADO WHEREAS,the Board of County Commissioners of Washington County, Colorado(hereinafter,Board)finds and determines that the establishment and existence of prairie dogs(geusynomys,esp.C,ludoviciauua of the prairies),within Washington County,Colorado i Injurious,detrimental,and damaging to the County and ib inhabitants,both because of injury and damage to crops,lands, and environment,and because of the significant risk to public health posed by prairie dogs as a proven disease vector,and further,the control of prairie dogs within Washington County is a matter of strictly local concern,and, finally,that the existence ofpralrie dogs within Washington County constitutes a public nuisance and WHEREAS, the General Assembly of the State of Colorado bee, itself,hereto In C.R.S. 35.7.101 expressly recognized the dangers to the Inhabitants of Colorado Caused by prairie dogs, and WHEREAS, the provisions of C.RS.35.7.201 expressly confer upon the Board extraordinary powers to perform control and eradication of rodents,including prairie dogs,sad WHEREAS, the provisions of CRS.30-11-101(1)(e)expressly confer upon the Board the authority to exercise powers as may be especially conferred by law, and WHEREAS, THE PROVISIONS OF C.R.S.30.11.107(I,)(I) confer upon the Board the power to perform such duties as may be prescribed by law, and the provisions of C.R.S,30.11-I07-(!)(e)confer upon the Board the power to exercise the management of the business and concerns of the County in all cases where no other provisions are made by law,and WHEREAS, the provisions of C.R,S, 30.15.401 (1)(1)(V)confer upon the Board the power to enact ordinances to do all acts and make an regulations which may be necessary or expedient for the promotion of health or suppression of disease,and the provisions of C.R.S.30-1s-401(1)(.)confer upon the Board the power to enact ordinances to control unleashed or unclaimed animals,and the provisions of C.B.S. 30.15.401(I((QXII)confer upon the Board the power to enact ordinances which provide that any entity which engages In repeated or continuing violations of regulations adopted by the Board Shall Constitute a public nuisance; Poet-it'Fax Note 7671 oa 7 ,` paoessilfr TIC-7\c/du q Phan From Ca/DCa/Dail.: Co, Phone X Fax X(41)74_6%,. Fay,X SHz,NG1 ON iL9MM P. • „IVUU19 .•..418 NOW, THEREFORE,be It ordained by the Board of County Commissioners of Washington County,Colorado. SECTION 1: It shall be unlawful for anperson,y firm or entity to Import prairie dogs Into Washington County,Colorado from any place within Wasblanton County, Colorado and to allow prairie dogs to run at large upon public or private lands with Washington County,Colorado, SECTION 2:Any person,firm or entity convicted of violation of Section 1 orals Ordinance comnsite a Claes 2 Petty offense and upon conviction thereof,shall be punished by a fine of not more than Six Hundred Dollars ($600)for each separate violation, is prescribed by C.R.S,3.15.402(1). The penalty assessment procedure provided in C.R.S. 176-2.201 may be followed by any arresting law enforcement effieer for any such violation. The provisions of C.R.S.30-19.402(2),authorizing a surcharge of Ten Dollars($10.00)to be imposed upon any person convicted of a violation of the within Ordinance,in addition to the fine above authorized,shall be maudatorily imposed upon any person convicted of a violation of the within Ordinance. SECTION 3; Pursuant to the provisions of C.R.S.30-1S-402.3(0),any employee of the Washington County Sheriff's Office Is hereby authorized to issue citation or summonses and complaints in the enforcement of the within Ordinance. SECTION 4; Pursuant to the provision of C.A.S.30-13-410,the County Court in and for Washington County, Colorado shall have exclusive jurisdiction to hear and determine any alluded violation of the Ordinance,and the County Attorney shall appear on behalf of the Board to prosecute any such alleged violation. DATED this � day of.4r,, ,�/ _1999 THE BOARD OF COUNTY COMMISSIONERS " OF WASHINGTON COUNTY,COLORADO ENTIN E.VANCE -CHAIRMAN ATTEST r' GARLAND M, WALII.-Clerk to the Board• , , — ;; Introduced,read and ordered published the 22nd day of March, 1999 , .., ?adopted the IC 4 -day of April, 1999 CRSA § 35-7-203, Release of destructive rodent pests--definitions Page 1 *52791 C.R.S.A. §35-7-203 (c) Keeping destructive rodent pests indoors or in cages or similar enclosures as pets; or WEST'S COLORADO REVISED STATUTES ANNOTATED (d) Releasing destructive rodent pests into the TITLE 35. AGRICULTURE county in which such destructive rodent pests PEST AND WEED CONTROL were originally taken into captivity. ARTICLE 7. RODENTS AND (2) For purposes of this section, "destructive PREDATORY ANIMALS-- rodent pests" means one or more rodents, CONTROL including but not limited to prairie dogs, ground PART 2. RODENTS AND squirrels, pocket gophers, jackrabbits, and rats, PREDATORY ANIMALS that pose a threat to agricultural, horticultural, or livestock concerns or to human health. Current through End of 1999 1st Reg. Sess. (3) The board of county commissioners of any § 35-7-203. Release of destructive rodent county into which a person releases destructive pests--definitions rodent pests without the prior approval of such board may, at its discretion: (1) No person shall release destructive rodent (a) Require the person who released the pests into a county unless such person has destructive rodent pests to eradicate the complied with all requirements for such release destructive rodent pests or remove the imposed by the wildlife commission and destructive rodent pests from the county; or obtained both the prior approval of the commission and the prior approval, by (b) Impose a fine upon the person who resolution duly adopted, of the board of county released the destructive rodent pests in an commissioners of such county. A person need amount sufficient to compensate the county for not obtain such prior approval before: the cost of eradicating the destructive rodent pests or removing the destructive rodent pests (a) Transporting destructive rodent pests from the county. through a county without releasing such destructive rodent pests; or CREDIT(S) (b) Confining destructive rodent pests indoors 1999 Electronic Pocket Part Update or in cages or similar enclosures and using such Added by Laws 1999, Ch. 55, §1, eff March 25, 1999. destructive rodent pests for scientific purposes or as food for human or animal consumption; or <General Materials (GM) - References, Annotations, or Tables> Copyright (c) West Group 1999 No claim to original U.S. Govt. works f0 . , <5 /1.1:e�. ;z �Ua s' -ru el /6 r.-. 3:„ ,)cc L) 7a-- /1 .4 , , irm (-) , ,,,,-„,, „_„,....„*" ,,,,,_ 11-;:112.-rip Z. • ., li/r'c F cc /7— 7% ',4,-i. c" , i*� - /,77 ,,, , L'<1, s i C ' /7' '/ 02,4/2-D4 � /"- _- ' z`!�t`W..' -.�`�( G.,G':._1 l�- �!%%7 ,y'UZZ„' - ' /�d-,,�-�'✓k-ems. L j btv'_t-cwt. . i 4. ,,7)--4-6-0-ete kJ/ Alt4L,Iii_e iA le ert,„1,, 5 .-n 0,--7z /4,,k,:._ .-(,emu✓'_ ' - ` _._.L_ =�( .,. LC--- "�-''civ ... l`��c�t(.(CaY.Gt 7, Slat/ 3 - .. _.o LI Y7.,-Lc L .. Z lL`-37'7_-‘27:" -7/ ,42i-,7z. :rY -, /Ai- /-44€-,I __.. 414,, ..z ca'L „,,C.�= . '� s,.A. 7 z 2%x:4'760.;; L ._/1i61E.` , Ftt,a. ' ,1 ea,- `— ,GE,r :4 v . i .... IMr. John T. Grattan /76 %. /L IZ, ‘f. ____Ii___ P.O. Box 345 / � � - _ ) Keenesburg CO 80643-0345 (/ �.c�/ L,� �`6' o' C ' �i' P 0 Box 345 Keenesburg, Colo. 80643 Oct. 12, 1999 Governor Bill Owens 136 State Capitol Denver, Colo. 80203-1792 Dear Governor, Re : Prarie Dogs July 13 th, 1999 a meeting concerning transferring of Prarie Dogs to Banner Lakes State Parks was held at the firehouse in Keenesburg. All Weld Co . Commissioners Health Dept. ect. � �° r� It is my understanding now that people don 't need approval to transfer them within a county. Please make an executive order to prohibit any transfer until the legislature can chang -this law. Weld County is big. I don 't think the department of Wildlife needs to study them. A waste of money that should be used to kill them off. 'i erel _ Jo n T . (Jake Grattan Hello