HomeMy WebLinkAboutbocc.ord.020.2007AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITHIN COUNTY, COLORADO, RE~EALING
ORDINANCE 21-2005 AND REPEALING AND REENACTING CHAPTER 6.44
OF TITLE 6(HEALTH AND HUMAN SAFETI~ OF THE PITHIN COUNTY
CODE - REGULATIONS AND STANDARDS REGARDING THE PROTECTION
OF WILDLIFE
Ordinance # 03~ - 2007
1. Whereas, in response to the citizens of Pitkin County, the Board of County
Commissioners (the "Boazd") wishes to improve regulations and standards requiring the
utiliza6on of wildlife proof refuse containers, wildlife proof dumpster enclosures and
proper storage of food or refuse edible by beazs or wildlife.
2. Whereas, the Boazd finds that regulations and standards requiring the
utilization of wildlife proof refuse containers, wildlife proof dumpster enclosures and
proper storage of food or refuse edible by bears or wildlife, are necessary to enhance
public safety and protect the health and welfare of beazs and other wildlife.
3. Whereas, the Boazd finds that this problem occws throughout Pitkin
County during the spring, summer, fall and early winter, and has therefore determined
that this ordinance will be effective year round, in all of Pitkin County.
4. Whereas, § 30-35-301, C.R.S. authorizes Home Rule Counties to make
and publish ordinances to discharge the powers confened upon such counties by ]aw.
Pitkin County is a Home Rule County.
5. Whereas, § 30-15-402, C.R.S. authorizes, if specified by County
Ordinance, a Penalty Assessment procedure as specified per § 16-2-201, C.R.S.
6. Whereas, § 30-15-402.5(1), C.R.S. vests personnel designated by
ordinance duly adopted to enforce ordinances to issue citations or summonses and
complaints enforcing County ordinances without regazd to certification requirements of
Part 3 of Article 31 of Title 24, C.R.S.
7. Whereas, the purpose of this ordinance is to repeal Ordinance 21-2005 and
repeal and reenact Chapter 6.44 of Title 6 of the Pitkin County Code.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado, that it hereby authorizes the repeal of Ordinance 21-2005 and
repeal and reenactment of Chapter 6.44 of Title 6(Health and Human Safety) -
Regulations and Standards Regarding the Protection of Wildlife
6.44.01 DEFINITIONS
l.l Wildlife - any animal, including but not limited to skunks, squirrels, black bears,
raccoons, coyotes, bobcats and foxes.
11 Wildlife Proof Refuse Container (WPRC) - a fully enclosed container with a lid
which is inaccessible to wildlife. The lid must fit tightly and have a latching mechanism.
A dumpster, poly cart or similar hash receptacle of heavy construction may be a WPRC.
The Solid Waste Manager, Animal Safety Officer or their designee must approve the
WPRC.
1.3 Wildlife Proof Dumpster Enclosure (WPDE) - a fully enclosed structure
consisting of four sides and a roof or cover of sufficient design and construction to
prevent access by wildlife. The door or cover must have a latching mechanism, the sides
of the structure must extend to within two inches of the ground, and ventilation openings
must be covered with a heavy gauge steel mesh or other material of sufficient strength to
prevent access by wildlife. Wildlife Proof Dumpster Enclosures are subject to all
building codes and planning and zoning requirements. The Solid Waste Manager,
Animal Safety Officer, or their designee must approve the WPDE.
6.44.02 REGULATIONS/STANDARDS
21 All refuse containers regazdless of size that receive food wastes attractive to
wildlife shall be either an approved Wildlife Proof Refuse Container (WPRC) or a
refuse container which is stored within an approved Wildlife Proof Dumpster
Enclosure (WPDE).
2.2 Any container which receives other wildlife attractants such as food or pet and
animal feed must also be an approved WPRC, be stored within an approved
WPDE, or be stored within another shvcture impervious to wildlife such as a
building, house or garage.
2.3 Dumpsters will be of a design that is impervious to wildlife, with draio holes no
greater than one (1) inch in diameter. Dumpster lids must have a closure
mechanism and/or a latching device. All lids must:
2.3.1 Fulty enclose (cover) the dumpster opening.
2.3.2 Have edges that fit flush with edges of dumpstec Lids must not be
tumed up or bent.
2.3.3 Have closure mechanisms which will withstand unintentional
opening by an animal.
2.3.4 Will remain closed when dumpster is on its side or upside down.
2.3.5 Have acceptable latching devices, such as cables, bars and/or pull
handles. All latching devices must lock into place with a pin or
other mechanism.
2.3.6 Have no more than one-quarter inch of free play when propedy
latched and sewred.
2.4 All dumpster lids must be constructed of steel thick enough to withstand the
weight of a beaz. Plastic dumpster ]ids are not permitted.
2.5 Compactors must be wildlife proo£ No trash may be exposed, and doors must be
kept cbsed except when loading or removing refuse. The area azound the
compactor must be kept clean and free of refuse.
2.6 Wildlife Proof Refuse Containers and Wildlife Proof Dumpster Enclosures must
be kept closed and secure except when refuse is being deposited. The area around
the WPRC or WPDE must be kept clean and free of refuse. Overfilling of any
refuse container, including trash cans set out on the day of collection, is
prohibited.
2.7 If a WPRC/DE is damaged, allowing access by wildlife, repairs must be made
within 48 hours after written notification to the responsible party by the Counry.
2.8 Residents with curbside refuse pickup must place their refuse in a WPRC. Waste
must be placed at the curb only after 6 a.m. on the day of pickup. All refuse and
any containers containing refuse must be re-secured inside the home, garage or
WPRC/DE by 6 p.m.
2.9 Licensed Waste Haulers in Pitkin County must provide Wildlife Proof Refuse
Containers to all customers who request them, and must collect refuse in
accordance with this regulation.
2.10 Collection of residential refuse in Pitkin Counry must occur between the hours of
6 a.m. and 6 p.m.
211 Outdoor Special Event sites shall be kept free from the accumulation of refuse
edible by wildlife. Refuse must be collected from the grounds at the cbse of each
day's activities and shall be deposited in Wildlife Proof Containers or Enclosures,
or be removed to an appropriate disposal site.
2.12 All construction sites must have a designated container that receives refuse edible
by wildlife, food wastes, or other wildlife attractants. This container shall be a
Wildlife Proof Refuse Container.
2.13 Trailer parks, housing developments, homeowners associations and other types of
clustered residential housing should utilize centralized dumpsters, located in a
Wildlife Proof Dumpster Enclosure in lieu of individual refuse containers, when
practical and appropriate. In such a clustered housing development, if there is
repeated failure of the current method of refuse management or if modifications to
an enclosure, dumpster or container do not effectively prevent wildlife from
gaining access, a ~ew method must be implemented at that location. At the
discretion of the County Manager or his or her designee, a refuse management
method with repeated failure will be required to be replaced with centralized
dumpster or compactor with appropriate wildlife-proof encbsures.
214 If the refuse mariagement method at any locations fails, i.e. if wildlife gains access
to trash, the responsible party and/or refuse hauler must reinforce or replace the
existing container at that location. If there is repeated failure of the current
method of refuse management or if modifications to an enclosure, dumpster or
container do not effectively prevent wildlife from gaining access, a new method
must be implemented at that location.
6.44.03 ENFORCEMENT
3.1 Violation of this Ordinance shall be a Class 2 Petty Offense with a maacimum fine
not to exceed $1,000 and/or imprisonment for a period not to exceed 90 days or
the maYimum allowable by State law, as amended. The Pitkin County Manager or
his/her designee, the Pitkin County Code Enforcement Officer, the Pitkin County
Animal Safety Officer or any Law Enforcement Officer shall be authorized to
serve a Penalty Assessment, as specified in this Ordinance on any person who
violates the provisions of this Ordinance.
3.2 The Penalty Assessment schedule for residential property violations of this
Ordinance shall be:
3.2.1 - Fust Offense $350.00 This Penalty shall be excused for
violators not having an approved WPRC or WPDE if the violator
installs an approved WPRC or WPDE within ]0 days of the Offense.
32.2 - Second Offense $500.00
3.23 - Third and subsequent Offenses- $1,000.00 - or the maximum
allowable by state law, as amended.
3.3 The Penalty Assessment schedule for violations relative to commercial properties
and properties under construction with a current Pitkin County building or
development permit shall be:
33.1 - First Offense $350.00 This Penalty shall be excused for
violators not having an approved WPRC or WPDE if the violator
installs an approved WPRC or WPDE within 10 days of the Offense.
33.2 Second Offense $750.00
333 - Third and subseauent offenses -$1,000.00 or the marimum
allowable by state law, as amended.
3.4 The Penalty for violation of section 6.44.02.2.9 shall be:
3.4.1 - First Offense $500.00
3.42 - Second and subsequent offenses $1,000.00 or the maximum
allowable by State law as amended.
3.5 The County staff procedure for issuing a Penalty Assessment and a violator's
procedure should he/she choose not to acknowledge guilt shall be as specified in §
16-2-201, C.R.S., as amended.
3.6 Any Person who aids, assists or abets any other Person in committing a violation
of these regulations shall be subject to the penalties specified in Paragraphs 3.2
and 3.3 of this ordinance.
3.7 Proceeds from Penalty payments relative to this Ordinance shall be placed in a
Pitkin County Resource Recovery account to fund Wildlife protection education
and to fund provision of approved WPRCs for those violators who aze unable to
afford the WPRC required by this Ordinance. The funds shall be dispensed at the
discretion of the Resource Recovery Director under the following criteria: To be
eligible for County assistance in purchasing a WPRC the person/famity incurring
the violation shall have a gross income of no more than $25,000. The assistance
shall not be available to commercial or construction sites.
3.7 Liability for violation of this ordinance shall attach to the proper[y owner or the
individual responsible for illegally depositing refuse. This section does not
relieve Waste haulers from the responsibility set forth under section 6.442.9 of
this Ordinance.
INTRODUCED, FIRST READ, AND ADOPTED ON ~GGSt a~,
2007.
NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE
ASPEN TIMES WEEKLY ON ~S_c.~m/x,v ~- , 2007. ,
CPNFIRMED AFTER FINAL PUBLIC HEARING ON _~CG,pf~y„ ~v ~,
2007 ~
PUBLISHED BY TITLE A SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON ~,~{~ni,drr- ~ , 2007
ATTE~
/
B~/
Jeane Jones
Deputy~ounty Clerk
Date: 5s~-~~ _ p
APPROVED AS TO Fi
BOARD OF COUNTY GOMMISSIONERS
OF PIT~4CIN
A~
By:
R APPROVAL:
r' ` I ~-~/
Hilary FI t her, County Manager
RECOMMENDED FOR APPROVAL:
ris Hoofnagle, d Waste Manager