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Home My WebLink Aboutordinance.council.005-10ORDINANCE NO. 5 (Series of 2010) 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 of certain amendments to the Code in 2008, additional problems have been encountered particularly regarding refuse left outside on the day of pick-up and refuse placed into construction containers; and WHEREAS, certain difficulties have been encountered in enforcement due to the lack of a data base regarding the containers themselves; and WHEREAS, the Community Safety Division of the Aspen Police Department be- lieves that amending the Code to more specifically address certain concerns that have been encountered since the last amendment will aid the city in addressing ongoing wildlife is- sues, particularly as they relate to frequent bear encounters; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. T°°' ''°~~~- -°~--°-~°a • Text being added is bold and underline. Text beine added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. 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: The definitions and terms used in this Chapter are defined as follows: (1) Wildlife means any non-domestic mammal indigenous to the Roaring Fork Val- ley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, badg- er, bobcat, mountain lion, porcupine and fox. (2) Attractant means any substance which could reasonably be expected to attract wildlife or does attract wildlife, including but not limited to food products pet food feed, compost containing fruit, grain or salt but shall not include recvclables (3) Refuse mean any waste that could reasonably attract wildlife which includes but shall not be limited to, kitchen organic waste food food packaging toothpaste deo- dorant, cosmetics, spices seasonings and grease Refuse does not include recvc- lables. (~{~} 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 wildlife. Wildlife Resistant Containers must meet the stan- dards of testing by the Living With Wildlife Foundation and approved by the Intera- gency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by aCity-designated official. (Ord. No. 27-2005, §1; Ord. No. 8-2008) (~ (~ Wildlife-resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching device of sufficient design and strength to prevent access by wildlife. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not be attached to an historic structure, shall not be located in a public right-of--way and shall be located adjacent to the alley where an alley borders the property. Wildlife-resistant dumpster enclosures located in commercial, mixed-use, or lodging zone districts shall comply with zone district reauirements for Utility/Trash/Recvcle areas Wildlife-resistant dumpster enclosures located on residential properties shall be exempt from floor area and setback requirements of the zone district regulations if the enclosure is the mini- mum reasonably necessary for this firnction in both height and footprint is an un- conditioned space not integrated with other structures on the property and serves no other puroose such as storage. garage space, or other purposes unrelated to protecting wildlife. rho r~,..,,..,~..,,:..t r~,..e mr~ ,...a .~.,. r~,..,....,,_,.:..i m i ~ o,._:__ r.:_•_:-'- --- . , ^.~ An enclosure of less than one hundred twenty (120) square feet shall not re- quire abuilding permit sr Ccmm.,.,a.° r'°~•~~~~~--~~~ - ;however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Of- ficer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building per- mit. Wildlife-proofrefuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. Wildlife-proof refuse containers must meet the standards of testing by the Living With Wildlife Foundation and a "passing" rating by the Interagency Grizzly Bear Committee (IGBCI as bear resistant for 60 minutes or otherwise be approved by a Citv-designated official (4j Outdoor Gathering o~°°~P means an outdoor event gig such as a concert, conference or festival. (3j Enforcement officer means any Aspen Police Officer, Community Safety Of- ficer, Environmental Ranger or City-designated official. (}Refuse container means any trash can, dumpster or similaz device used for the collection and storage of solid waste but shall not include cans intended only for con- taining recyclables. Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. No owner or person in char eg of a property shall cause or allow the creation of or maintain a wildlife accessible refuse container or attractant outside on that property or the adiacent rieht-of--way at an time. A: B. Any refuse container lefr outside a house, eazage or other enclosed buildine which is accessible by wildlife, 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) An approved wildlife-resistant dumpster enclosure. (3) An approved wildlife-proof refuse container. (7~ /~ p~F....,.....n4n:....« ssd.:.,1. ; ..4..«vA ...:4L:« .. l...a.l:...,- L._..,.- - ~ __-•i ~ f f ~_ ___ __ _ _ _ -__- lif :...,.~.m-n-aclv~cir~ Y I3. C. Any trash hauler who provides a refuse container to a city customer shall only pro- vide wildlife-resistant refuse containers, wildlife-resistant dumpsters or wildlife-resistant poly carts, which meet the requirements set forth herein or is approved by a City- designated official. Sec. 12.08.030. Maintenance and operation ofwildlife-resistant refuse containers and dump- ster enclosures. A. Wildlife-resistant-refuse containers and dumpster enclosures must be kept closed and secure when refuse is not being deposited. B. If a container or enclosure is damaged, allowing access by wildlife, repairs must be made within seventy-two (72) hours after written notification by aCity-designated offi- cial. C. Providers are required to display their business name on all receptacles they pro- vide within the City. l~ All Y F l+n v 4L.o ..}«ve4 ...l.l«..... .... 1 . .YL-_ ~ _.I_- ff•,~a 4,. 4t, .;4t, ,1:,.:4.... ..n~_ 4L__ . -L__ : -'--:-'-` D. Providers aze reauired to permanently affix each individual refuse container with a unique identifying number or code. E. Providers must maintain a database that relates the refuse container number or code to the current name and address of the client responsible for that container The provider must make this database immediately available to any designated City of Aspen enforce- ment official. Sec. 12.08.040. Residential refuse disposal. ^ ~1 «°..:.1,. I r.,. .. rl...r ..,,F....,. ,.A: L1,. Lam.. .:1aL'c_ W . L_ _ RIf1P H.° 1.^"`^ ° D°..:,1..«r.......l.l .. r.. 1.....,, al. ~:_ _,. F...._ ,. __ __~_ .t _ i _ R D 'A 1. 1...:A° «:..4......l.,.n ..1 .,,... rl,,.:,. _~A...~ ,, a aL_ _ __L _ ' A. Anv refuse container left outside a house, Garage or other enclosed building which is accessible by wildlife, regardless of size that receives refuse which is edible by bears or other wildlife shall be either an approved wildlife-resistant refuse container or an approved wildlife-resistant dumpster enclosure or an approved wildlife-proof refuse container B Residents with curbside pick-up shall place only wildlife-resistant refuse containers or an approved wildlife-proof refuse container at the curb alley or public right of wav at or after six o'clock (6:001 A.M. on the mornine of scheduled pick up After pick up all con- tainers must be removed from the curb alley or public right of wav by seven o'clock (7.00) P.M. on the same day C. Other household waste that cannot reasonably be considered "refuse" or an "attractant" as defined in this chapter including but not limited to• non-edible yazd maintenance waste, household items, recyclables and cardboard shall not require the use of wildlife resistant or wildlife proof containers when not commingled with refuse or any other attrac- tant. Sec. 12.08.050. Outdoor eatherina SpeeiaEeveet refuse disposal. Outdoor gatherines ~~°°~~~ites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited in wildlife-proof resistant containers or enclosures or be removed to an appropriate disposal site. Sec. 12.08.060, Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a'manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and Novem- ber 15th, all feeders must be suspended on a cable or other device so that they are inaccess- ible to beazs and the azea below the feeders must be kept free from the accumulation of seed debris. Sec. 12.08.070. Construction site refuse disposal. All construction sites must have a senazate specifically designated container that receives refuse edible by wildlife. This container shall be a wildlife-proof refuse container. Fverkday and L i ...h...,,.1 : ~:,7„ .. ~«..:1„« ... L..:1 1:~~ 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. Effective Date. This ordinance shall be effective as of June 1, 2010. Section 5. Notice A public heazing on the ordinance was held on Mazch 8, 2010, in the Aspen City Council Chambers, 130 S. Galena St., 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 provided by law, by the City Council of the City of Aspen on the 22"d day of February 2010. _ ~~ ~ ATT ~ ST: 3 .~~ . Kathryn I h, City Clerk FINALLY, adopted, passed and approved this ~ day of~2010. Mic iae .Ire . nd, ayor ~~~~~ ATT ~ T: athryn Ko ity Clerk APPROVED AS TO FORM: ~,~~~~_ ''John V~'orcester, City Attorney a b r ~c 0 .n 0 N m Z O ~ O 21 ~~'_ o°Z ocz _o an- O < (A R C> 0 ~. '~ ~ - o y~ ~b 0 d ~. 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C P- y ry o WO ' O ti n O � O ru n 1-t (D O (D n n w O . M '.1 1p (D w cn C. w o �' fit O C- C.1 0o n 0 - cn ct �. < O w N .Y n Pa pi v rn S k f° `rt ro , H k D �w y n CD `<' n o �-. C ,mo 0 O A O O C P- t. P- 0 •-et v. y rt y 0 0 . y w- O D r .. n O rt 5 , 5. o. O ra w p N m W O O ce ' ' o- n O 11 't t P d y' h N N a O P" 0" a n O rt ' U - ' y Cl n N a O p w ® CSC') b (p r r O cn cn W CO O C ro ce 0 s z O S. \ fry ;� y Q f C c n n o p n s 0 o z w x " O ‚'-in ,„ O It ' �-" ' O ,' O n O Z OS n D '0 \ a . �' r ui n V' et" 'O" re pa n11-0 6 t o t) t 0 CI) 0 ' o '< 'O P- p w ' W O rt ., ,, 1 , ( y ' rot n A- n i- 4, CY w a. Fl t� n w w r ro E . 'cD O o �. ... Z n - 0 0 - p' w '� ry n7 ',. O tit Ow ]. TD rf r- - rt N 0 co o i t oa . 1 6' P-, O •< • A O !o °, o m rt 0 ° 9 � p N� M 0- (D I— 5 r O P- w Pt MI IC NOTICE ORDINANCE ND. S (Series of 2010) 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 of certain amendments to the Code in 2008, additional problems have been encountered particulady regarding refuse left outside on the day of pick -up and refuse placed Into construction containers; and WHEREAS, certain difficulties have been encountered in enforcement due to the lack of a data base regarding the containers themselves; and W HEREAShe Community Safety Division of the Aspen Police Department believes that amending the Code to more specifically address certain con. cams that have been encountered since the last amendment will aid the ctty in addressing ongoing wildlife issues, padlculady as they relate to frequent bear em counters and, WHEREAS, the amendments to the Code are delineated as follows: ' Text being removed is delineated with strikethrough. Text being removed looks Ilke this. ' Text being added is bold and underline. Text being added looks like this. ' Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safely, end welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF ASPEN COLORADO THAT: Section 1: The City Council hereby amends Chapter 12.08 to read as follows: The definitions and terms used in this Chapter are defined as follows: O (1) Wildlife means any non- domestic mammal indigenous to the Roaring Fork Valley including but not limited to bear, deer, elk, raccoon, coyote, beaver, skunk, \\-.) badger, bobcat, mountain lion, porcupine and fox P • (2) Attractant means any substance which could reasonably be expected to attract wildlife or does attract wildlife, including, but not limited to, food products, pet food, feed, compost containing fruit, grain, or salt but shall not Include recyclables. (3) Refuse mean any waste that could reasonably attract wildlife which includes. but shall not be limited to, kitchen organic waste. food, food packaging. tooth - N I- ` paste, deodorant, cosmetics, spices, seasonings and grease. Refuse does not include recydables. (4) (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 wildlife. Wildlife Resistant Containers must C) .. 1 meet the standards 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 a City- designated official. (Ord. No. 27-2005, §1; Ord. No. 8-2008) (5) (3) Wildlife- resistant dumpster enclosure means an enclosed structure consisting of four (4) sides and a secure door or cover, which shall have a latching ) device of sufficient design and strength to prevent access by made. The enclosure shall not be larger than necessary to enclose the trash receptacles, shall not �' be attached to an historic structure, shall not be located in a public right -M -way and shall be located adjacent to the alley where an alley borders the property. Wildlife-resistant dumpster enclosures located in the Commercial Core (CC) and the Commercial (C -1) Zoning Distracts are required to comply with Subsections 26.710140.0.6 and 26.710.150.0.6, as applicable. An enclosure of less than one hundred twenty (120) square feet shall not require a building permit or Community Development review; however, plans for the dumpster are required to be reviewed and approved by a City Community Safety Officer or an Environmental Ranger prior to the commencement of construction. An enclosure of one hundred twenty (120) square feet or larger requires a building permit. (6) Wildlife -proof refuse container means a fully enclosed metal container with a metal lid. The lid must have a latching mechanism, which prevents access to the contents by wildlife. Wildlife -proof refuse containers must meet the standards of testing by the Living With Wildlife Foundation and a'passing' rating by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 60 minutes or otherwise be approved by a City- designated official. 7 4 Outdoor Gathering Special event mean an outdoor event gathering such as a concert, conference or festival ('\, 8 5 Enforc office me ans any Aspen Polic Office Community erin Safety Off icer , Environmental Ranger or CM-designated official. � 9, (6) Refuse container means any trash can, dumpster or similar device used for the collection and storage of solid waste but shall not Include cans intended only for containing recyclables. Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. No owner or person in charge of a property shall cause or allow the creation of or maintain a wildlife accessible refuse container or attractant outside on that property or the adjacent rigMOf -way at any time. A. B Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, regardless of size, that receives refuse which is edible by bears Of other wildlife shall be either: (1) An approved wildtite- resistant refuse container; or 2 1) An approved wildlife- resistant dumpster enclosure. (3) An approved wildlife -proof refuse container. (2) A refuse container which is stored within a building, house, garage or approved wildlife- resistant dumpster enclosure. 8. C. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife - resistant refuse containers, wildlife- resistant dumpstera or wildlife - resistant poly carts, which meet the requirements set forth herein or is approved by a City- designated official. Sec. 12.08.030. Maintenance and operation of widlte- resistant refuse containers and dumpster enclosures. A. Wildlife- resistant -ref use containers and dumpster enclosures must be kept dosed and secure when refuse is not being deposited. B If a container or enclosure is damaged allowing access by wildlife, repairs must be made within seventy-two (72) hours after written notification by a City- designated official. C. Providers are required to display their business name on all receptacles they provide within the City. D. 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. • D. Providers are required to permanently affix each Individual refuse container with a unique identifying number Of code. E. Providers must maintain a database that relates the refuse container number or code to the current name and address of the client responsible for that container. The provider must make this database Immediately available to any designated City of Aspen enforcement official. Sec. 12.08.040. Residential refuse disposal. A. All residential containers that receive refuse edible by wildlife must be secured inside the home or garage. Residents unable to keep their refuse container inside the home or garage shell store their refuse in a wildlife- resistant refuse container or enclosure approved by a city community safety officer or environmental ranger. B. Residents with curbside pickup shall place their refuse containers at the curb, alley or public right -of-way only on the morning of pickup. After pickup the containers must be re- secured inside the home, garage or wildlife resistant enclosure by 6:00 p.m. A. Any refuse container left outside a house, garage, or other enclosed building which is accessible by wildlife, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either an approved wildlife- resistant refuse container or an approved wildlife - resistant dumpster enclosure or an approved wildlife -proof refuse container. B. Residents with curbside pick -up shall place only ildlife- resistant refuse containers or an approved wildlife -proof refuse container at the curb, alley, or public right of way at or after six o'clock (6:00) A.M. on the morning of scheduled pick up. After pick up, all containers must be removed from the curb. alley or public right of way by seven o'clock (7:00) P M. on the same day. C. Other household waste that cannot reasonably be considered 'refuse' Of an "attractant' as defined in this chapter, including, but not limited to: non- edible yard maintenance waste, household items, recydablea, and cardboard, shall not require the use of wildlife resistant or wildlife proof containers when not commingled 1 with refuse or any other attractant. Sec. 12.08.050. Outdoor gathering Special event refuse disposal. Outdoor gatherings special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each days activities and shall be deposited in wildlife -proof resistant containers or enclosures or be removed to an appropriate disposal site. Sec. 12.08.060. Feeding of wildlife. A. No person shall knowingly leave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure attraction or enticement of wildlife. B. Bird feeders are allowed. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears and the area below the feeders must be kept free from the accumulation of seed debris. Sec. 12 08.070. Construction site refuse disposal. All construction sites must have a separate specifically designated container that receives refuse edible by wildlife. This container shall be a wildlife -proof refuse container. either a wildlife - resistant refuse container or a container that Is emptied at the end of each workday and then securely stored inside a trailer or building. 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 March 6 2010, in the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, 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 provided by law, by the CM Council of the City of Aspen on the 22nd day of February 2010. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk Published in the Aspen Times Weekly on February 28, 2010. [4689095]