HomeMy WebLinkAboutordinance.council.008-08ORDINANCE N0.8
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL
CODE, SOLID WASTE, WILDLIFE PROTECTION.
WHEREAS, Section 12.08 sets forth the requirements for refuse containers designed for
the protection of wildlife; and
WHEREAS, since the initial adoption ofcertain provisions ofthis code section, new ma-
terialshave been produced and are available that afford additional security of the refuse con-
tainers; and
WHEREAS, certain inconsistencies exist in the present code in the use of the terms
"wildlife-proof' and "wi]dlife-resistant", which make it uncleaz as to whether the more current
equipment is allowed; and
WHEREAS, the Community Safety Division ofthe Aspen Police Department believes
that requiring the numbering of all refuse containers will aid in the enforcement of the provi-
sions ofthis code; and,
WHEREAS, the amendments to the Code are delineated as follows:
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WHEREAS, the City Council finds that this Ordinance fixrthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: The City Council hereby amends Chapter 12.08 to read as follows:
Sec. 12.08.010: Definitions.
(2) Wildlife- resistant refuse container means a fully enclosed container that can be constructed
of pliable materials, but must be reinforced to deter access by wildlife. The container must
employ a sturdy lid that has a latching mechanism preventing access to its contents by wild-
life. Wildlife Resistant Containers must meet the standazds of testing by the Living With
Wildlife Foundation and approved by the Interagency Grizzly Bear Committee (IGBC) as bear
resistant for 90 minutes or otherwise be approved by aCity-designated official.
Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required.
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 wild-
life-resistant dumpster enclosure.
B. Any trash hauler who provides a refuse container to a city customer shall only provide wild-
life-resistant refuse containers, wildlife-resistant dumpsters or wildlife-resistant poly carts,
which meet the requirements set forth herein or is approved by aCity-designated official.
Sec. 12.08.030. Maintenance and operation ofwildlife-prae€ resistant refuse containers and
dumpster enclosures.
C. All refuse containers must have the street address and unit number permanently affixed to
the container with digits no smaller than two inches in height.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 4. Notice
A public hearing on the ordinance was held on Apri114, 2008, in the Rio Grande Meeting Room,
Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as pr/~ovi~ded by law, by the City
Council of the City of Aspen on the 24`h day of March 2008. !`G/ /
4(-? -Ioog
Michael C. Irelan ,Mayor
AT3'EST:
Kathryn K h, City Clerk
FINALLY, adopted, passed and approved this 14`h day of April, 2008.
~ -2~ 200
Michael C. Ireland, M yor
ATT ~ ST: ~J~~ ~1` APPROVED AS TO FORM:
.~
athryn Koch, ty Clerk Joh orces er, City Attorney