HomeMy WebLinkAboutordinance.council.030-99
.~
ORDINANCE NO. 30, SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY
AMENDING THE CHAPTER ENTITLED "WILDLIFE PROTECTION,"
BY REVISING THE DEFINITION OF
"WILDLIFE RESISTANT DUMPSTER ENCLOSURE."
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 written would require a
building permit for all "wildlife resistant dumpster enclosures," and
WHEREAS, the requirement for a building permit would significantly increase the cost of a
"wildlife resistant dumpster" for the citizens of Aspen, and
WHEREAS, the requirement for a building permit would significantly burden the
building department, and
f'"'
WHEREAS, the City Council has determined that a staff level review by
a community safety officer or an environmental ranger of dumpsters of less than one
hundred twenty (120) square feet is in the best interests of the health and welfare of
the citizens of Aspen.
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 12.08.010(3), the definition of wildlife resistant dumpster
enclosure, and by the adoption of a new 12.08.010(3), wildlife resistant dumpster
enclosure definition, which shall read as follows:
(3) Wildlife resistant dumpster enclosure means an enclosed structure consisting of
four 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 receptacle(s), 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 the Commercial Core (CC) and the
Commercial (C-l) zoning districts are required to comply with Sections 26.710. 140(D)(6) and
26.710.150(D)(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.
Section 2
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions 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 hearing on the ordinance shall be held on the 12th day of July, 1999,
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 28th day of June, 1999.
R chel E. Richards
Mayor
~
'-',
!""""'"
f'
J 4k
~~~
Kathryn S. Ko
City Clerk
FINALLY adopted, passed and approved this 26th day of July 1999
ATTEST:
1
2
....