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HomeMy WebLinkAbout183 - 11/18/1986 - REPEALING AND REENACTING CITY CODE RELATING TO GARBAGE, RUBBISH AND REFUSE ORDINANCE NO. 183 , 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 54 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO GARBAGE, RUBBISH AND REFUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . Chapter 54 of the Code of the City of Fort Collins, "Garbage, Rubbish and Refuse, " is hereby repealed in its entirety and reenacted as follows: Chapter 54 GARBAGE, RUBBISH AND REFUSE Article I IN GENERAL § 54-1 . Purpose and policy. The purpose of this chapter is to protect the public health, safety, and welfare by regulating the accumulation, storage, transportation and disposal of refuse and rubbish to prevent conditions that may create fire, health or safety hazards; harbor undesirable pests; or impair the aesthetic appearance of the neighborhood and to encourage recycling of recyclable materials by prohibiting unauthorized persons from collecting such materials when placed at the curb. The City Council shall use every means at its disposal , including its police powers, for the enforcement of this article. § 54-2. Definitions. For the purposes of this chapter, the terms used herein are defined as follows: "At the curb" - means at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk. City Manager - the City Manager or the designated representative of the City Manager. Compost - a mixture consisting of decayed organic matter used for fertilizing and conditioning soil . Garbage - solid wastes from the domestic and commercial preparation and handling of food and from the storage and sale of produce. Hazardous waste - any chemical , compound, substance or mixture that state or federal law designates as hazardous because it is ignitable, corrosive, reactive, or toxic, including, but not limited to, solvents, degreasers, paint thinners, cleaning fluids, pesticides, adhesives, strong acids and alkalais, and waste paints and inks. Inoperable motor vehicle - any motor vehicle that does not have a current license plate and validation sticker lawfully affixed thereto or that is in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed. Motor vehicle - any self-propelled vehicle which as originally built contained an engine, regardless of whether it contains an engine at any other time, including, without limitation, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles. Occupant - person entitled to possession of the property or premises whether or not the owner. Owner - the owner of record, whether an individual , individuals or entity, any agent or representative of the record owner, and any person or persons entitled to possession of the premises. Property - includes in addition to the owner's lot or tract of land, whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land. Recycling agent - a person that charges no fee to collect recyclable materials and collects such materials as they appear on scheduled routes. Recyclable materials - newspaper, magazines, cardboard, telephone books, loose paper, glass and plastic containers, steel cans, aluminum cans and scraps, reusable clothing and household items. Refuse - solid or liquid wastes, except "hazardous wastes," whether putrescible or non-putrescible, combustible or noncombustible, organic or inorganic, including by way of illustration and not limitation, wastes and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind, or any other discarded object not exceeding three feet in length, width or breadth. Refuse container - a water-tight receptacle of a solid and durable metal or non-absorbent, fire-resistant plastic with a tightly-fitting, insect and rodent-proof cover of metal or plastic , or a tightly-secured plastic bag. -2- Rubbish - nonputrescible solid wastes of a large size, including by way of illustration and not limitation, large brush wood, large cardboard boxes or parts thereof, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts thereof, scrap metal , bedsprings, water heaters, discarded furniture, and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three feet or more in length, width, or breadth. Unsheltered - located outside a garage or other building in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property. § 54-4 - 54-5. Reserved. Article II SANITATION § 54-6. Refuse and rubbish accumulation prohibited. a. The owner and the occupant of any premises within the city, whether business, commercial , industrial , or residential premises, shall maintain the property in a clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which the premises are legally intended. All refuse shall be stored on the premises in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish which by its nature is incapable of being stored in refuse containers may be neatly stacked or stored. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse from the property. Containers shall be secured and placed where they are not spilled by animals or wind or other elements, and screened from view of the street. b. No person shall store or permit to remain on any business, commercial or industrial premises owned or occupied by such person, any manure, refuse animal or vegetable matter or any foul or nauseous liquid waste, which is likely to become putrid, offensive or injurious to the public health, safety or welfare, for a period longer than twenty-four (24) hours at any one time. c. No owner or occupant of any premises which are adjacent to any portion of an open area, vacant lot, ditch, detention pond, storm drain, or watercourse shall cause the accumulation of refuse or rubbish within or upon such adjacent areas. d. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that refuse and rubbish will be prevented from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and -3- placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises. e. The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard, or harborage for rodents, is unlawful , and is hereby declared to be a nuisance and a non-conforming use of the premises. § 54-7. Compost piles permitted if not nuisance. An occupant of any one- or two-family residence may maintain a compost pile that is a separated area containing alternate layers of plant refuse materials and soil maintained to facilitate decomposition and produce organic material to be used as a soil conditioner. A compost pile shall be maintained to prevent it becoming a nuisance by putrefying or attracting insects or animals. § 54-8. Burning of refuse and rubbish prohibited. No person shall cause or allow the disposal of refuse or rubbish by burning, except in an incinerator that is designed for such purpose and pursuant to an operating permit from the Colorado Department of Health. In no event may rubbish or refuse be burned in a stove or fireplace, except for clean, dry, untreated wood. § 54-9. Collection and Disposal of Refuse and Rubbish. a. The occupant and the owner of any premises wherein any refuse or rubbish is produced or accumulated shall be jointly and severally responsible to provide for collection service and removal of refuse and rubbish to the degree of service necessary to maintain the premises in a clean and orderly condition. They shall not contract or arrange for such collection and removal except with refuse haulers licensed by the City under Sections 54-26 through 54-28 of this code. An individual may haul his or her own refuse and rubbish, so long as it is properly disposed of in conformity with all city and county regulations. b. All moveable refuse containers and recyclable materials shall be kept in the storage area except on collection day, or within twelve (12) hours preceeding the time of regularly scheduled collection from the premises, when they may be placed at the curb or upon the edge of the alley. Following collection, they shall be returned to the storage area the same day. Refuse containers and recyclable materials shall not, at any time, be placed on the sidewalk or in the street, or in such a manner as to impair or obstruct pedestrian, bicycle, or vehicular traffic. c. If plastic bags are used as refuse containers, they must be securely tied or sealed to prevent emission of odors, be of a material impenetrable by liquids and greases, and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling. } ` -4- r d. All refuse and rubbish collected within the city shall be transported to and disposed of at the designated Larimer County disposal site. No refuse or rubbish shall be discarded, deposited, buried, or otherwise disposed of within the city. § 54-10. Tampering with container or recyclable materials prohibited. a. No person, other than the owner thereof, or the agents or employee of such owner, or a person holding a license from the city for the collection and disposal of refuse and rubbish, shall tamper with any refuse container or its contents, or remove the contents of any refuse container, or remove a refuse container from the location where the same has been placed by the owner. b. No person other than the person placing the recyclable materials for collection or the designated recycling agent shall take physical possession of any recyclable materials set out at the curb and plainly marked with the name of the recycling agent for whom they are intended. c. No owner of any dog, cat, or other pet shall permit, whether by act or omission, that pet to damage or open any refuse container or scatter the contents thereof, or to scatter recyclable materials placed for recycling collection. § 54-11 . Hazardous waste disposal . No person shall place hazardous waste in refuse containers for collection or bury or otherwise dispose of hazardous waste in or on private or public property within the City. Residents may contact the Larimer County Health Department for recommendations on disposal of hazardous waste. Highly flammable or explosive materials shall be stored and disposed of in accordance with Poudre Fire Authority regulations at the expense of the owner or possessor of such materials. In no event shall toxic or flammable liquids or any waste liquid containing crude petroleum or its products be disposed of by discharge into or upon any gutter, street, alley, highway, storm drain, canal , ditch, flood control channel or detention pond, lake, or other watercourse, or upon the ground. § 54-12. Refuse containment in transit. No person shall collect, transport or receive any refuse or rubbish within or upon any public streets in the city, or anywhere in the city, except in leakproof containers or vehicles so constructed that no refuse or rubbish can leak or sift through, fall out, or be blown from such container or vehicle. Any person collecting or transporting any refuse or rubbish shall immediately pick up all refuse and rubbish which drops, spills, leaks, or is blown from the collecting or transporting container or vehicle, and shall otherwise clean the place onto which any such refuse or rubbish was so dropped, spilled, blown or leaked. -5- § 54-13. Abatement of nuisance. The City Manager is authorized and directed to inspect and supervise the premises within the city, and if it is found that any refuse, rubbish, or compost exists on any property in violation of this article, said manager shall , in addition to any other action permitted under this code, remove or cause to be removed from the property all refuse and rubbish found on the premises or in the adjoining streets and alleys and assess and collect a reasonable charge from the owner or occupant all in accordance with the notice, removal and assessment provisions of Chapter 79, Article II pertaining to abatement of nuisance accumulations of weeds, brush, refuse and rubbish. § 54-14. Owners have ultimate responsibility for violations. Every owner remains liable for violations of responsibilities imposed upon an owner by this chapter even though an obligation is also imposed on the occupant of the premises and even though the owner has by agreement imposed on the occupant the duty of maintaining the premises or furnishing required refuse containers and collection. § 54-15. Violations and penalties. Any person who violates any of the provisions of this chapter commits a misdemeanor and is subject to a fine or imprisonment in accordance with §§ 1-23 of the code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. § 54-16. Implementation. The City Manager may adopt such other rules and regulations concerning the collection, removal and hauling of refuse and rubbish as may be necessary to implement the provisions of this chapter, not in conflict with such provisions. § 54-17 - 54-20. Reserved. Article III INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY § 54-21. Unsheltered storage prohibited. a. The unsheltered storage of an inoperable motor vehicle for thirty (30) days or more on any private property within the city is hereby declared to be a nuisance and dangerous to the public health, safety and welfare. An inoperable motor vehicle not located in a garage or other building shall be placed behind screening of sufficient size, strength, and density, such as a solid fence, trees, or shrubbery, to screen it from ordinary public view and to prohibit ready access to such vehicles by children. -6- b. This article does not apply to a motor vehicle which is a "collector's item" or "parts car" as defined in C.R.S. § 42-15-101 and which is licensed and stored in compliance with the provisions of state law, in particular C.R.S. §42-15-101 et. seq. Nor does this article apply to any person who is conducting an automobile sales, storage or repair enterprise operated in compliance with existing zoning regulations, when the storage is necessary to the operation of such business enterprise. These exceptions for collector's items and certain lawfully conducted business enterprises are affirmative defenses to be pled and proved by the defendant in any judicial proceedings under this article. C. Nothing in this article shall be construed to permit exempt or sheltered storage of inoperable motor vehicles to be conducted in such manner as to constitute a public nuisance under other provisions of this code, including without limitation, allowing accumulation of refuse and rubbish and growth of weeds and brush in and about the storage area, breeding of insects and rodents, or direct danger to persons from broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports, or explosion hazard. § 54-22. Removal . The owner and the occupant of the private property on which the unsheltered storage is occurring and also the owner of the inoperable motor vehicle in question are jointly and severally responsible to abate the nuisance. Every person who fails, neglects or refuses to abate the nuisance is also guilty of a misdemeanor. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The imposition of any sentence does not exempt the offender from compliance with the requirements of this article. No person, after abatement notification has been given, shall move the inoperable motor vehicle in question to any other private property upon which storage of such vehicle is not permitted, or onto any public property or right-of-way. §§ 54-23 - 54-25. Reserved. Article IU LICENSING OF REFUSE HAULERS § 54-26. License required. It shall be unlawful for any person or corporation to engage in the business of removing, conveying or hauling any refuse or rubbish through the streets of the City without having first obtained a license for such purpose. § 54-27. Application for license. Any person desiring to obtain a license to engage in the business of refuse hauling shall make written application therefor to the Director of Finance, stating: -7- a. The name and residence of such applicant. b. The principal place of business for the business to be conducted. c. The number and kind of vehicles to be used. § 54-28. Issuance of license; fee. The Director of Finance shall issue a license to any applicant therefor upon payment of the required fee for said license. The annual fees for such license shall be as follows: thirty-five dollars ($35. ) for the first vehicle, and ten dollars ($10.) for each additional vehicle, to be used in the business. All licenses issued under this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued, and all licenses shall expire on December 31 or each year. § 54-29. Where trash is to be dumped; suspension of license. All persons holding licenses under this article and engaged in the business of refuse hauling shall dump all refuse and rubbish hauled by them at a designated Larimer County disposal site or at any other dumping place which is approved by the State of Colorado and no refuse or rubbish shall be dumped at any other location either inside or outside of the city. The City may immediately suspend or revoke the licenses of any person violating this section. The suspension shall remain in effect for not more than two (2) months on the first violation. On the second violation, the licenses may be permanently revoked. § 54-30. Identification for vehicles. Each vehicle used in the refuse hauling business shall bear an identification issued by the Director of Finance in a conspicuous place upon said vehicle, which identification shall be issued by the Director of Finance at the time the license is granted. Section 2. That should any section, paragraph, sentence, word or other portion of this Ordinance be declared invalid for any reason, such invalidity shall not affect any other portion of its provisions, and that the Council would have passed all other portions of this Ordinance and adopted all such other provisions, independent of the elimination herefrom of any such portion which may be declared invalid. -8- Introduced, considered favorably on first reading, and ordered published in summary form this 4th day of November, A.D. 1986, and to be presented for final passage on the 18th day ovemb A.D. 1986. May ATTEST: City Clerk 1986.Passed and adopted on final reading this 18th day of November, A.D. Mayor ATTEST: `Y City Clerk -9-