HomeMy WebLinkAboutordinance.council.016-03 SERIES OF 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 12.04.020 OF
THE ASPEN MUNICIPAL CODE PERTAINING TO THE
"DEPOSITING OF GARBAGE, TRASH, AND ASHES," BY
REQUIRING THE USE OF TRASH COMPACTORS IN AREAS
DESIGNATED AS THE "TRASH COMPACTOR ZONE."
WHEREAS, the City Council .of the City of Aspen previously adopted Municipal Code
Section 12.04.020, entitled "Depositing of Garbage, Trash, and Ashes," 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 sai'd sections by
requiring the use of trash compactors in designated downtown areas of Aspen, which
would be known as the "trash compactor zone," and
WHEREAS, the Commercial Core and Lodging Commission finds that the conversion of
dumpsters to compactors in the trash compactor zone will benefit the City in the
following ways:
By providing for the free flow of delivery trucks in the alleys,
By permitting emergency'vehicles to access the alleys in an easier fashion,
By reducing or eliminating noise,
By eliminating unsightly dumpsters and the unpleasant smells associated with them,
By reducing trash pick-up times from seven days a week to once a week,
By making the alleys cleaner for pedestrians,
By freeing up truck loading zones for paid parking, and
WHEREAS, CCLC believes that eighteen (18) months would be a reasonable amount of
time tO allow for the conversion from dumpsters to compactors, and
WHEREAS, the City Council desires to adopt for the benefit of the City of Aspen
the following code amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Section 12.04.020 of the Aspen Municipal Code is hereby repealed in its entirety and is
re-enacted to read as follows:
12.04.020 Depositing of garbage, trash and ashes.
(a) Except as set forth in subsection (b) below, 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 enviro'nrnental health department, or (3) a trash compactor (or other
trash-containing device) approved by the environmental health department. Garbage and
trash shall be secured in throwaway containers or in such a manner that it is not blown or
scattered about or allowed to become a nuisance to the neighbors or the area. If
permitted, the city engineering department shall approve the location of all dumpsters,
trash compactors, or other trash-containing devices encroaching upon a city alley or
right-of-way.
(b) In the city areas designated as the "trash compactor zone," every owner or
occupant of premises shall deposit and cause to be deposited all garbage, trash, and ashes
which accumulate thereon in a trash compactor approved by the environmental health
department. Garbage and trash shall be deposited in the trash compactor in such a
manner that it is not blown or scattered about or allowed to become a nuisance to the
neighbors or the area. Where permitted, the city engineering department shall approve
the location of all trash compactors encroaching upon a city alley or right-of-way. A
map of the "trash compactor zone," which may be amended administratively from time
to time by the City, shall be maintained and available for public inspection in the city
engineering department. Owners and occupants of premises in the trash compactor zone
shall have eighteen (18) months from the effective date of this ordinance to convert from
the use of animal proof containers or dumpsters to trash compactors.
(c) Every applicant for a business license shall provide the city finance department
with the name of his/her/its trash service provider. Failure to provide the name of the
trash service provider shall be cause for the non-issuance of the license.
(d) A"trasn-contmmng ....device" shall be defined as a container approved by the
.environmental health department that is of adequate size and construction to contain the
trash generated by the user(s).
(e) In addition to other enforcement remedies available to the city, 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 revoke an encroachment license. Service from another
trash service company may then be solicited.
Section 2
This ordinance, when effective, shall not have 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 concluded 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 portion shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
.Section 4
A public hearing on the ordinance shall be held on the 10th day of March 2003,
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 the 24th day of February 2003,
ATTEST:
Helen Kalin Kianderud, Mayor
Kathryn S. Koch
City Clerk