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Home My WebLink About7962 - MUNI CODE AMEND "Trash, Recyclables and Compostables" requiring bear resistent containers in a designated area; Intro 2/18/14, 2nd Reading/Amended 3/5/14, 3rd Reading and Adopted 3/18/14ORDINANCE NO. 7962 AN ORDINANCE AMENDING CHAPTER 6 -3, "TRASH, RECYCLABLES AND COMPOSTABLES," B.R.C. 1981, BY ADDING A NEW SECTION 6 -3 -12 REQUIRING BEAR RESISTANT CONTAINERS IN A DESIGNATED AREA OF THE CITY; AMENDING SECTION 6 -3 -2, BY ADDING NEW DEFINITIONS; ADDING ADMINISTRATIVE PENALTIES FOR VIOLATIONS, AMENDING SECTION 6 -12 -5, "CONTAINERS FOR RECYCLING OR COMPOSTING COLLECTION," AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, [K�11I�7 :7: \�ZUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 1 . Section 6 -3 -2, B.R.C. 1981, is amended to read: 6 -3 -2 Definitions. The definitions in chapter 1 -2, "Definitions," B.R.C. 1981, shall apply to this chapter, including, without limitation, the definitions of "Compostables," "Hauler," "Recyclable materials," "Trash," "Trash container," "Visible to the public" and "Wildlife- resistant container." The following terms used in this chapter have the following meanings unless the context clearly indicates otherwise: "Bear Resistant Container" shall mean a containel that m eets the reauirements for such a container established by the city manager in a rule adopted pursuant to section 6 -3 -11 "City Man=r_Authorizcd to Issue Rules." B.R.C. 1981 ByaLResis[ant Dumnster" shalLntcau a dumpster that meets; the reeuireme such a container estahlishW_by t v a r i ed ursuan to section 6-3-11 "City Mana eg tA to Issue Rule j3ear Resistant EnclosureLs mean a fully enclosed strstcture meets the requirements for such a container established by the city manager in a rule adopted pursuant to section 6 -3 -11 "City Mans'tt;.cr Authorized to Issue Rules." B.R.C. 1981 "Person" shall have the meaning set forth in chapter 1 -2, "Definitions," B.R.C., and shall also include, without limitation, owner of any property or vacant land; occupant, owner, operator or manager of any single unit dwelling, multi unit dwelling, mobile home, mobile home park, private club or other similar property; or owner, operator, manager or employee of any business or business property. KAPLEEW -7962 Bear Trash ordinance 3rd Reading -.docx "Refuse Attractant" shall mean any trash or other substance which could =asunablv be expect to attract wildlife or does attract wi Imo" , in clu din-. but not limited to soiled diapers. sanitary Ws. products pet food feed kitchen organic wwaste food. food packaging toothpaste deodorant cosmetics spices seasonings or grease. Attractants do not include recyclable materials properly dosed in a recycling container. or materials that do not meet the definition of trash in section 1 -2 -1 "Definitions " B R C 1981 and is fruit associated with a fruit tree or bush. produce associated with a garden- or a bird feeder. Section 2 . Chapter 6 -3, "Trash, Recyclables and Compostables," B.R.C. 1981 is amended by the addition of a new section 6 -3 -12 to read: 7 16 -3 -12 Bear Resistant Containers Required. a) No private owner, agent appointed pursuant to section 10 -3 -14, "Local Agent 9 Required," B.R.C. 1981, or manager of any property, lessee leasing the entire premises, or adult occupant of a single - family dwelling, a duplex, a triplex, or a 10 fourplex shall fail to keep all refuse attractants in bear resistant enclosures, in bear resistant containers, bear resistant dumpsters or securely stored within a house, I l garage, shed or other structure at least as secure as a bear resistant enclosure at all times, except when being transported from a house, garage or bear resistant 12 enclosure for pickup. Refuse attractants transported for pickup not in a bear resistant container shall be attended, by a person remaining within 15 feet of the 13 container at all times. 14 (b) This section shall apply to the area bounded by Broadway Street, the City's southern boundary, the city's western boundary and a line extended from Sumac 15 Avenue due west through Wonderland Lake Park. Provided that the city manager may extend the area by rule adopted pursuant to section 6 -3 -11 "City Manager 16 Authorized to Issue Rules," B.R.C. 1981. 17 (c) If a container or enclosure is damaged, allowing access by wildlife, repairs must be 18 made within 72 hours after written notification by any city official, or such other time designated in the notice by the city official. 19 (d) If the city manager finds that a violation of any provision of this section, the 20 manager, after notice and an opportunity for hearing under the procedures prescribed by chapter 1 -3, "Quasi- Judicial Hearings," B.R.C. 1981, may impose a 21 civil penalty according to the following schedule: 22 (1) For the first violation of the provision, $250.00; 23 (2) For the second violation of the same provision, $500.00; 24 (3) For the third violation of the same provision, $1,000.00; and 25 (4) The Hearing Officer may adjust the penalty, based on evidence presented at a hearing. KAPLEE\a -7962 Bear Trash ordinance 3rd Reading -Am 1 (e) The city manager's authority under this section is in addition to any other authority the manager has to enforce this chapter, including but not limited to section 5 -2 -4, 2 General Penalties, and election of one remedy by the manager shall not preclude resorting to any other remedy as well. 3 (f) The city manager may, in addition to taking other collection remedies, certify due 4 and unpaid charges to the Boulder County Treasurer for collection as provided by section 2 -2 -12, "City Manager May Certify Taxes, Charges and Assessments to 5 County Treasurer for Collection," B.R.C. 1981. 6 (g) Notice under this subsection is sufficient if hand delivered, emailed, mailed or telephoned to such person, or by posting on the premises. Section 3 . Section 6 -12 -5, B.R.C. 1981, is amended to read: 9 6 -12 -5 Containers for Recycling or Composting Collection. to a) Haulers providing trash collection service to multifamily customers through centralized collection areas shall provide containers for recyclable materials at no 11 additional charge. Containers shall be of a sufficient size to accommodate the regular accumulation of recyclables from that customer, but at a minimum, such 12 containers shall be of a volume equal to one -half of the volume of the trash collection service. If the city manager requires the collection of compostables, 13 haulers shall provide containers for that service of a sufficient size to accommodate the regular accumulation of compostables from that customer. 14 (b) Haulers providing trash collection service to residential customers are not required 15 to provide recyclables or compostables containers. However, if the hauler requires a specific type of container, then the hauler shall deliver such container at no cost 16 to the residential customer. This provision does not apply to any container 17 auired_b the city pursuant to section 6 -3 -12 "Bear Resistant Containers." B.R._ 1981. 18 Section 4 . This ordinance is necessary to protect the public health, safety, and 19 welfare of the residents of the city, and covers matters of local concern. 7_0 21 Section 5 . The City Council deems it appropriate that this ordinance be published 22 by title only and orders that copies of this ordinance be made available in the office of the 23 1 city clerk for public inspection and acquisition. Flo 25 K. , TLEE10 -7962 Bear Trash Ordinance 3rd Reading Aux 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 18 day of February, 2014. Attest: City Clerk Mayor READ ON SECOND READING, AMENDED, AND ORDERED PUBLISHED BY TITLE ONLY this 5th day of March, 2014. Attest: / t City Clerk Mayor READ ON THIRD READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 18th day of March, 2014. Attest: 0 ' 4 . n=, City Clerk Mayor KAPLEE \o -7962 Bear Trash. Ordinance 3rd Reading -.doex