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HomeMy WebLinkAboutordinance.council.027-05ORDINANCE NO. 27 Series of 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND CHAPTER 12.08 WILDLIFE PROTECTION WHEREAS, the City Council has adopted a policy of requiring providers and users of trash receptacles within the City of Aspen to adhere to the Wildlife Protection Ordinance; and WHEREAS, the City Council has determined that certain regulations of the ordinance currently in effect are to be amended to maintain proper wildlife protection NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 12.08 of the Municipal Code of the City of Aspen, Colorado, which section sets forth a Wildlife Protection, is hereby amended to read as follows: Section 12.08.010(2) 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 containers must be approved by a City of Aspen designated official. Section 12.08.010(5) Enforcement Officer Means any Aspen Police Officer, Community Safety Officer, Environmental Ranger of City of Aspen designated official. Section 12.08.030(B) Maintenance and Operation of Wildlife Proof Containers and Durapster Enclosures If a container or enclosure is damaged, allowing access by wildlife, repairs must be made within 72 hours after written notification by a City of Aspen designated official. Section 12.08.030 (D) Maintenance and Operation of Wildlife Proof Containers and ~Dumpster Enclosures Providers are required to display their business name on all receptacles they provide within the City of Aspen. Section 2 ~ The effective date of this ordinance shall be June 30, 2005. Section 3 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 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. Section 5 A public hearing on this ordinance shall be held on the 9th day of May 2005 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 25th day of April 2005. FiNALLY adopted, approved and ordered published this 9th day of May 2005. A~TT~ST: