HomeMy WebLinkAboutordinance.council.003-98 ORDINANCE NO. ~ , SERIES OF 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN~
COLORADO, AMENDING SECTIONS 12.04.020AND 12.04.030 OF
THE ASPEN MUNICIPA~L CODE PERTAINING TO THE
"DEPOSITING OF GARBAGE, TRASH, AND ASHES" AND THE "AREA
AROUND DUMPSTERS MAINTAINED FREE OF TRASH, GARBAGE."
WHEREAS, the City Council of the City of Aspen previously adopted Municipal ~0de
Section 12.04.020, entitled "Depositing of Garbage, Trash, and Ashes," and Section
12.04.030, entitled "Area Around Dumpste~s Mai~nt. ained Free of Trash, Garbage," and
"WHEREAS, the Commercial Core and Lodging Commission believes that it is in ,
the best interests of the citizens of the City of Aspen to amend said sections by '
permitting the use of trash compactors or similar devices (approved by the environmental
health department) in the CC (Commercial Core.), and
WHEREXS, 'it is in the best interests of the Community for every applicant for a business
· license to provide the City Finance Department with the name of his/her/its 'trash service
provider, and
WHEREAS, the City Council desires to adopt for the benefit Of the City of Aspen
the following code am6ndments..
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COI~ORADO, THAT:
Section 1
Sections 12.04.020 and 12.04.030 of the Aspen Mtmicipal Code are hereby repealed
in their entirety and are re-enacted to read as follows:
12.04.020 Depositing of garbage, trash and ashes.
(a) Every owner or occupant of premises within the city shall deposit and cause to be
deposited all garbage, trash, and ashes which accumulate thereon in (1) animal-proof, fly-
tight, covered containerS, (2) dumpsters approved by the environmental health
department, or (3) a trash compactor (or other trash-containing device) approved by the
environmental health department. Garbage and tr~h shall be secured in throwaway
contmners or in such a manner that it is not blown or scattered about or allowed to '
become a lamsance to the neighbors or the area. If permitted. the city engineenng
department shall approve the location of 'all dumpsters~ trash compactors,, or other
trash-contiining devices encroaching upon a city alley or right-of-Way.
(b) Every applicant~ for a. business license shall provide the city finance department
with the name of,his/her/its trash service pr0vider. Failure to provide the name of the
trash service provider shall be cause for the non-issuance of the license.
'(C) A "trash-containing device" shall be defined as a container approi~ed by thd
environmental health department ~hat is of adequate size and construction to contain the
trash generated by the user(s)..
. (d) In additlon to Other enforcement remedies available to the ~ity, the city
engineering department may issue a letter of Warning to the owner or occupant Of
premises~ within the city or to the trash service company for non-compliance with a
provision of this section and may ~evoke an encroachment license. Service from another
trash service cgmpany may then be solicited.
12.04.030 Areh around dumpsters and compactors maintained free of trash,
· garbage.
Every owner or occupant of premises within the city using an approved dumpster,
compactor,-or similar device shall keep the area within ten (10) feet of that dUmpster,
compactor, or similar device free of garbage, trash, and ·ashes.
Section 2
This ordinance, when effective, shall not ha, ve any effect on existing litigation
and shall not operate as an abatement of any action or proceeding then pending
under or by virtue of, the ordinances repealed or amended as herein provided, and
the same shall be construed and doneluded under such prior ordinances.' ,,
Section 3
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 por~i~on shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 4
in the City Council Chambers. Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided bylaw by
the City Council of the City of Aspen on the ,~ (,, day of %~a~,~) ,199~.
J~o,~. Bennett; ' afore'
ATTEST:
FINALLY adopted, passed and approved this ? day of ~Z/Le~d2;, 1999.
ennett, Mayor
ATTEST: