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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Conservation Item: Changes in the Garbage Ordinance Date: 12/08/09 Prepared by: Pam Walzer Initiated by: Pam Walzer Action Required: Set a public hearing for the following ordinances amending the garbage ordinances Recommended Motion: I move the City Council set a public hearing on TBD to adopt an ordinance amending the Missoula Municipal Code, Chapter 8.28 entitled "Garbage and Rubbish" to include special regulations for waste management in areas where there is conflict with bears AND to adopt an ordinance to make general amendments to the Missoula Municipal Code, Chapter 8.28 entitled "Garbage and Rubbish." Timeline: Referral to committee: 12/08/09 Committee discussion: 12/16/09 Council acts to set hearing: 12/16/09 Public Hearing: TBD Deadline: na Background and Alternatives Explored: The Urban Wildlife Subcommittee of the Conservation Committee has met throughout the past year working on reducing the conflict between humans and bears within the city limits. The UWS consisted of voting members from Council, Animal Control, FWP, Allied Waste, and Defenders of Wildlife. In addition, there was active participation from OPG GIS and the City's Conservation Lands Manager. Efforts were focused on how to prevent bears from acclimating to human garbage. Human/bear conflicts often start when bears equate human habitation with a ready source of high energy food. The City's Wildlife Feeding Ordinance addresses many of the sources of these foods, but it was recognized that the Garbage Ordinance allowed garbage to be accumulated in alleys and backyards. Bears in the have free access to this garbage, as evidenced by garbage strewn throughout alleys in the lower Rattlesnake Valley. Many communities throughout North America have developed waste management strategies that reduce the availability of human garbage to bears and as a result, reduce the human/bear conflict. The UWS worked to develop an amendment to the Garbage Ordinance to eliminate the loophole making it illegal to accumulate garbage in such a way that allows bears access. These requirements are limited to areas within the City where there are, or may likely be, human/bear conflicts. Attached are the UWS recommended changes to the City's garbage ordinance, dated 9-08-09, as well as a resolution and map that set the areas to which this amendment applies. Since the UWS last met, it was decided to separate issues of jurisdiction and general requirements from the special management of wastes in bear conflict areas. The ordinance draft approved by the UWS has been divided into three separate ordinances to handle each issue. A public hearing on the ordinance to remove extraterritorial jurisdiction was held on 11/09/09 and the Council approved the amended ordinance on 11/23/09. Attached are two draft ordinances, one that modifies city-wide issues, with additional changes since the UWS met. The last ordinances addresses the UWS recommended changes for special management of wastes in bear conflict areas. There have been no changes or additions to those sections approved by the UWS. Financial Implications: Education and enforcement will require additional resources. Outreach efforts with partner stakeholders should reduce the costs for education. In addition, the recommended changes allow, in the majority of cases, for modification in human behavior at no cost to attain the desired conditions. In some circumstances, special equipment and/or enclosures ---PAGE BREAK--- or buildings may be preferred or necessary. Estimated equipment cost to households that choose this route is $10/month. Businesses, institutions, and government entities may be able to mitigate costs by developing waste management plans. A one year delay in citations will allow affected persons time to find funding and grants Attachments: Draft ordinance from subcommittee: Draft Garbage Ordinance 09-08 Draft resolution from subcommittee: Resolution Number Draft map from subcommittee: Urban Bears Map Draft ordinance for city wide issues: Draft Garbage Ordinance, general amendments 12-08-09 Draft ordinance for special waste management area issues: Draft Garbage Ordinance, special management areas 12-08-09