HomeMy WebLinkAboutordinance.council.037-98
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ORDINANCE NO. 37
Series of 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 12.040.060 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN
TO PROHIBIT THE PLACEMENT OF GARBAGE, TRASH AND ASH CONTAINERS FOR
CURB-SIDE COLLECTION ON STREETS AND ALLEYS IN RESIDENTIAL ZONE
DISTRICTS ADJACENT TO PREMISES EXCEPT DURING DAYLIGHT HOURS ON THE
DAY OF SCHEDULED COLLECTION, ESTABLISHING A PENALTY FOR VIOLATION
THEREOF, AND DECLARING AN EMERGENCY.
WHEREAS, homo sapiens continue to reside and occupy that certain area known and
referred to as the City of Aspen, Colorado, without due regard to the rights of actual seisin by
pedis positio of the wildlife, and more specifically that certain family of mammals known as
Ursidae of the order Carnivora; and
WHEREAS, homo sapiens continue to inveigle fauna with alluring aromas emanating
from receptacles containing the decaying carcasses of domestic animals, trash, garbage, debris,
offal, and other wastes of modem human society; and
WHEREAS, the fauna of the above described area continue to follow their natural
instincts to feed themselves and their families by invading said odiferous receptacles; and
WHEREAS, with greater frequency said raiding parties have brought homo sapiens and
the natural fauna of the above referenced area into close proximity with each other; and
WHEREAS, such up-close and personal contact has had tragic consequences for the
offending fauna and the potential for great body harm to the homo sapiens of the above
referenced area; and
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WHEREAS, all reasonable efforts to reach an understanding between the human race and
the fauna of the above referenced area have proven to be unsuccessful and further efforts to alter
the genes of the fauna or to ameliorate the ignorance of the homo sapiens seems fruitless; and
WHEREAS, the elders of the above referenced area commonly known as the Aspen City
Council desire to impose a peaceful solution to the conflict and avoid any further tragic waste of
animal life and to protect its own kind from any further imminent danger.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
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That an emergency exists necessary to protect the health, peace, safety, and welfare of the
citizens of the City of Aspen. Accordingly, this ordinance shall. be considered as an emergency
ordinance in accordance with Section 4.11 of the City of Aspen Home Rule Charter.
Section 2.
That Section 12.040.060 of the City of Aspen Municipal Code be amended to read as follows:
12.040.060 Placement of containers.
It shall be unlawful for the owner or occupant of any premises located in a residential zone
district as defined in this Code to place garbage, trash, or ash containers at or near the street or
alley adjacent to the premises except between the hours of 6:00 am and 5:00 pm of the day for
scheduled collection.
Section 3.
Any person who violates this ordinance shall be subject to the general penalty provisions set
I"""" forth at Section 1.04.080 of the City of Aspen Municipal Code.
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Section 4.
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 5.
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 hereof.
A public hearing on the ordinance shall be held on the L day of dr~ 1998, in the City
~ Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the
City of Aspen on the3 day of ,A~ 1Al i.;,J , 1998.
ATTEST:
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FINALLY adopted, passed and approved this L day of ,~AJ , 1998.
ATTEST:
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J hn S. Bennett, Mayor
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h, City Clerk
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