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Home My WebLink Aboutordinance.council.002-49 ORDINANCE NO. 2 Series of 1949 AN ORDINANCE CONCERNING THE COLLECTION AND DISPOSAL OF ASHES, T~ASH AND GARBAGE UNDER THE DIRECTION OF THE OFFICIALS AND EMPLOYEES OF THE CITY OF ASPEN, FIXING CHARGES AGAINST THE PROPERTY OWNERS OR OCCUPANTS OF PREMISES FOR SUCH SERVICES AND PROVIDING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. WHEREAS, the City of Aspen has tried various methods of col- lecting ashes, trash and garbage and the disposal of same, and such procedures halve proved unsatisfactory, resulting in many complaints to the City Council by residents and owners in the City of Aspen, s~nd WHEREAS, it is necessary for the msintensnce of health and proper sanitary conditions in and about the City of A~pen that sn efficient system for collection of ~shes, trash and gsrbage be es- tablished, ~nd WHEREAS, to insure such efficient collection of ashes, trash and garbage it is necessary that the City of Aspen perform such work. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1. That sn ashes, trash and garbage collection and disposal system for the City of Aspen is hereby established which shall be maintained ~nd operated within the city, and under the direction of the officials of the City of Aspen, from and after October let, 1949. SECTION 2. That the term "trash" as used in this ordinance shsll be taken to mean all substances, which are neither ashes nor garb~ge, discarded from dwellings, rooming houses, hotels, clubs, restsnrants, boarding houses, e~ting places, shops, stores and other places of business. That the term "garbage" ss used in this ordinance shall be taken to mean all substances fit for food for swine, discarded from dwellings, rooming houses, hotels, clubs, restaurants, boarding houses, es~ting places, shops, stores ~nd other places of business. SECTION 3. That Shy owner or occupant of premises within the City of Aspen, Colorado, may use the ashes, trash and garbage col- lection and disposal system provided by the City upon payment of the sum fixed by the City Council as hereinafter provided, or m~y provide his or their own method and me,ns of collection and dis- posal of ashes, trash and g~rbage subject to the regulations of this Ordinance, but in any event every owner or occupant of premises within said City shall deposit s~nd cause to be deposited all gar- bags which may accumulate on any premises owned or occupied by him, in fly-tight, covered, metal containers, and all trash which may accumulate on such premises shall be placed in suitable containers, and all ashes which may accumulate on such premises shall be placed in a suitable container separate and s~rt from garbage ~nd trash containers. SECTION 4. That the metal containers in which garbage shall be deposited, as provided in the foregoing section of this ordinance, shall be of a capacity not to exceed twenty-five (25) gallons each, shell have a fly-tight cover, be leakproof and be provided with a bail or side handles. SECTION 5. That the collection and disposal of trash and gar- bage within the City of Aspen shall be as often as necessary and that ashes shall be removed from the ash pits when sufficient ashes have accumulated to Justify their removal. SECTION 6. The City Council may enter into an exclusive con- tract or agreement with any person, firm or corporation for the collection and disposal of ashes, trash and garbage, or any portion thereof, throughout the city, or it may st its discretion make pro- visions for the collection and disposal of ashes, trash and garbage. From and after the 1st day of October, 1949, the owner, tenant or occupant of any premises using the ashes, trash and garbage col- lection and disposal system provided by the City of Aspen shall be assessed and pay to the City of Aspen, each quarter, in advance, st the office of the City Clerk, a sum to be fixed by the City Council, falling under the following classification of rates: Residence Dwelling Rooming House Business House Restaurant or Cafe Motel .50 per month · 75 per month 8.00 per month lO.00 per month 15.00 per month. The rate for cleaning grease traps is $5.00 for each grease trap; but no person under contract with the City shall be required to clean any grease trap, the location of which is not accurately pointed out. Should ashes, trash or garbage bills become delinquent, the rates and charges due therefor shall be certified by the City Clerk to the County Commissioners of Pitkin County, Colorado, and shall become a lien upon the real property so served by said ashes, trash and garbage collection and disposal system in the manner ss though they were a part of the taxes as provided by SECTION 7. Garbage cans or trash containers found to be in an unsanitary condition shall be tagged with s red tag by either the trash collector or the health officer. Within 25 hours ~fter a garbage can or trash container has been tagged, the occupant of the premises and users of the cans and containers shall cause them to be cleaned and put in a sanitary condition. SECTION 8. In the event the owner or occupant of the premises in the City of Aspen shall permit ashes, trash or garbage to accu- mulate thereon and fail or refuse to deposit such ashes, trash or garbage in suitshle containers in accordance with the provisions hereof, or fail to place the same at or near the street or alley adjacent to said premises in a position convenient for loading, the City at the discretion of the health officer may cause the ashes, trash or garbage to be removed, and in such case the entire expense of the collection and removal thereof sh~ll be charged against such premises and against the owner or occupant thereof in addition to the regular charge for collection and disposal of such ashes, trash and garbage. -2- Any ashes, trash or garbage that requires picking up from any other place or level, except ground level, sh~ll be charged therefor, at the discretion of the trash collector, a sum in addition to the regular charge for collection and disposal of such ashes, trash and garbage. SECTION 9. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of s misdemeanor, and, upon conViction, sh~ll be subject to s fine of not less than $5.00, nor more than $300.00 for each offense. SECTION 10. If any section, sub-section, sentence, clause or phrase of this ordinance for any reason is held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Aspen hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase thereof irrespec- tive of the fact that shy one or more of these be declared uncon- stitutional. SECTION ll. The City Council hereby finds, determines and de- crees that this ordinance is necessary for the immediate preservation of the public peace, health and safety. SECTION 12. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Introduced, read and ordered published by the affirmative vote of three-fourths of all members of the City Council of the City of Aspen, Colorado, at a regular meeting of said Council, held on August 2nd, A. D. 1949. Adopted and ordered published by the ~ffirmstive vote of three- fourths of all members of the City Council of the City of Aspen, Colorado, st a regular meeting of said Cit~C~ncil held on Septem- ber 6th, A. D. 1949, and approved on the ~-~v day of September, A. O. 1949o (SEAL) ATTEST: Mayor. STATE OF COLORADO, ) )SS. COUNTY OF PITKIN. ) I, ETHEL N. FROST, as City Clerk of the City of Aspen, Colo- rado, do hereby certify thst the above 8nd foregoing Ordinance was introduced, read in full and passed first reading at the regulsr meeting of the City Council held August 2nd, A.D. 19~9, and published in The Aspen Times, a weekly newspsper of genersl circulation published at the City of Aspen, Colorsdo, in its issues of August 4th, llth and 18th, 1949, and wes finslly psssed, adopted end spproved st the regulsr meeting of ~id City Council held September 6th, A. D. 19~9, end was ordered published ss Ordinance No. 2 (Series of 1949) of ssid City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Aspen, Colorsdo, this /m dsy of September, o. 1949. (SEAL)