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Home My WebLink Aboutordinance.council.002-01 ORDINANCE NO..~ SERIES OF 2001 AN ORDINANCE OF T[gE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY AMENDING THE CHAPTER ENTITLED "WILDLIFE PROTECTION," BY REPEALING THE EXEMPTION FOR SEVEN DAYS PER WEEK PICKUP, REPEALING THE EXEMPTION FOR NOVEMBER 16TM THROUGH APRIL 14TM, ADOPTING BY REFERENCE TFIE "WILDLIFE PROTECTION ORDINANCE GUIDELINES," ADOPTING A REQUIREMENT THAT TRASH HAULERS ONLY PROVIDE CUSTOMERS WITH BEAR PROOF TRASH CANS, AND ADOPTING LANGUAGE CLARIFYING WHO IS LEGALLY RESPONSIBLE FOR VIOLATIONS OF THE ORDINANCE. WHEREAS, the City of Aspen, Colorado, adopted a chapter for the Aspen Municipal Code entitled "Wildlife Protection," and WHEREAS, city staff has determined that the chapter as adopted needs to be modified and strengthened to provide further protection to wildlife and the citizens of Aspen, and WHEREAS, the fall and early winter of the year 2000 provided evidence that the exemption for seven days per week pickup needed to be repealed, and WHEREAS, the evidence further indicated that the exemption for November 16th through April 14th was inadequate for the protection of all wildlife and therefore in need of repeal, and WHEREAS, staff determined and recommended that the "Wildlife Protection Ordinance Guidelines" needed to be referenced in the ordinance, and WHEREAS, the bear proofing of trash cans requires that trash haulers provide only bear proof trash cans, dumpsters or poly-carts to customers, and WHEREAS, the legally responsible party in enforcement actions needs to be clarified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the repeal in its entirety of Section 12.08.020, entitled wildlife resistant refuse containers or enclosures~required, and by the adoption of a neTM Section 12. 08. 020, wildlife resistant refuse containers or enclosures required, which shall read as follows: A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either (1) an approved wildlife resistant refuse container or (2) a refuse container which.is stored within a building, house, garage or approved wildlife resistant dumpster enclosure. B. The minimum standards required for wildlife proofing garbage are set forth in and are hereby incorporated herein by reference in the City of Aspen's "Wildlife Protection Ordinance Guidelines, "which shall be prepared and arnended from time to time by the City's Environmental Ranger or other designated agent. The "Guidelines" shall be available for review and purchase at the City's Environmental Health Department. C. Any trash hauler who provides a refuse container ro a City customer shall only provide wildlife resistant refuse containers, wildlife resistant dumpsters, or a wildlife resistant poly-carts, which meet the Wildlife Protection Ordinance Guidelines. That the Municipal Code of the City of Aspen, Colorado, is hereby further amended by the repeal in its entirety of Section 12.08.100, penalty assessment, and by the adoption of a new 12.08.100, penalty assessment, which shall read as follows: Violation of any provision of this chapter by any person, firm or corporation shall be unlawful and subject tO the penalty provis~ons in Section 1.04. 080 of this Code. Either the owner or occupant or both may be held responsible for a violation of any proviston of this chapter. Section 2 If any subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconsti/utional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining pordons thereof. Section 3 The ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. Section 4 A public hearkng on the ordinance shall be held on the ,/..~ day of 2001, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the,~ day of ~..~ , 2001. -Kathry~$.~l~b~:h, City Clerk FINALLY adopted, passed and approval. Rachll E. Richards, Mayor - " ATTEST: ~ Kaihryn..S.~l~och, City Clerk Wildlife Protection Ordinance Guidelines Municipal code 12.08.20 The intention of this document is to provide a minimum of standards required for wildlife proofing garbage. Any equivalent or stronger methods are encouraged and recommended. Deviations fi.om these standards must be approved pr/or to use with in City limits. It is important to note that there will be a need for site specific improvements to any of the minimum standards listed below. If any of the below methods fail at a given location it will be required that additional efforts, by both the trash hauler and or responsible party, made to reinforce the containers or trashcans for the location. If there is consistent failure (30% or morc'~ of the approved method, it will be required that a new method be designed and installed on all containers using the failed system. Dumpsters - general standards for all dumpsters. Dumpsters will be of a design that is impervious to bears with dram holes no greater than one (1) inch. Lids will adhere to the following guidelines: 1) Lids must fully enclose (cover) the dumpster opening. 2) Latches must withstand unintentional opening by an animal and will remain closed when the container is turned on it's side or upside down. 3) Acceptable latching devices include cables, bars and pull handles. 4) The latching device, when latched, will allow no greater than a half (1/2") inch gap between the body of the container and lid. Dumpsters with Plastic Lids Dumpsters with plastic lids will have to comply with the general dumpster standards and: 1) P, equired to be reinforced with angle iron or an equivalent altemative. Angle iron or alternative will be placed along all four edges and across the middle to prevent lids fi:om collapsing inwards. ,gee appendix L1 2)Acceptable latching devices include cables, bars and pull handles. These will be tight enough that they cannot be pulled offthe from of the dumpster, yet slack enough that they can be closed with reasonable ease. Bars that lock into place are also acceptable when a pin or locking device is provided. See appendix 1.6 3) Damage to lids and other parts of the container, must be fixed within a 48bx period, after notification to the trash hauler by the resident, occupant, business, property manager or enfomement officer. 4) No turned up or bent lids, surface of the lid must be flush with edges of dumpster opening. (Bends on the edges of the lids, providing structure and strength is acceptable when the lid completely covers the entire dumpster opening.) See appendix 1.3 Dumpsters with Metal Lids Dumpsters with metal lids will have to comply with the general dumpster standards and: 1) Acceptable latching devices include cables, bars and pull handles. These will be tight enough that they cannot be pulled offthe front of the dumpster, yet slack enough that they can be closed with reasonable ease. Bars that lock into place are also acceptable when a pin or locking device is provided. See appendix 1.2 2) A flat piece of metal, iron or acceptable alternative attached to one lid to reinforce overall lid strength. This will be attached under one lid. allowing the weight of an animal to be supported by both lids. See appendix 1.3 3) Damage to lids and other parts of the container, must be fixed within a 48hr period, after notification to the trash hauler by the resident, occupant, business, property manager or enforcement officer. See appendix L3 4) No turned up or bent lids. surface of the lid must be flush with edges of dumpster opening. (Bends on the edges of the lids, providing structure and strength is acceptable when the lid completely covers the entire dumpsrer opemng.) See appendix 1.3 Compactors Fully compliant when no trash is exposed. Doors must be kept closed at all times and area around the front of the compactor kept clean and free of debris. See appendix L4 Trash and Dumpster Enclosures Enclosures can be constructed of wood or metal, Metal is the preferred method of compliance. Trash cans or dumpsters must be fully enclosed on all sides, including a roof or equivalent cover. ,.gee appendix 1.5 1 ) No gaps in the siding that could allow the claws of an animal to grasp trash or tear offthe side. Ventilation holes can be no more than one (1)" inch in width. 2) Lids should be flush with sides, with out an edge, preventing an animal from gaining leverage to pull or tear off the cover. --2,,)~<~z~ '2> c.~s . _~ Trash Cans"h~.t%and Poly-Carts Trashcans need to be kept inside a garage, shed or enclosure only when the can contains trash or garbage of any kind. Trashcans that do not receive trash or garbage until the mormng of pick up are nor required to be wildlife proof. Poly-carts with out latching devices need to be kept inside a garage, shed or enclosure only when the can contains trash or garbage of any kind. Trashcans that do not receive trash or garbage until the morning of pick up are not required to be wildlife proof. Doly-carts with latch/rig devices on the lids are acceptable when the latch secu~ the lid flush with the body of the cart. ~ Latching device will allow no greater than a .5" gap between body of container and lid when latched. Poly-cart latching devices will need to be approved by an enforcement officer prior to the universal use in the city. See appendix 1.7 Appendix I. 1 - Plastic lid with appropriate reinforcements. 1.2 - Proper cable closure 1.3 - Angle iron attached to lid for reinforcement. Inappropriate lids, side without bar is severely bent. 1.4 - Fully compliant compactor 1.4 - Non-compliant compactor 1.5 - Compliant wooden enclosure 1.5 - Non-compliant enclosure. Dumpster is inside and uncovered. 1.5 - Locking 30 gallon container, 1 .$ - BearierTM enclosure bolted to concrete pad i .6 - Reinforced plastic lids with a bar closure. 1.6 - Bar is locked in place by pin 1.6 - Reinforced plastic lids with locking cable closure. 1.7 - 90 gallon can with hinge closure,