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Home My WebLink About2000 Ordinance No. 086ORDINANCE NO. U,_ SERIES OF 2000 BY AUTHORITY ';JI tf'J COUNCrL BILL NO. 74 INTRODUCED "f!Y COUNCrL MElYIBER BRADSHAW AN ORDINANCE AMENDING TITLE 5, CHAPTER 26, SECTION 4, PERTAINING TO DESIGNATED COLLECTION DAYS. WHEREAS , the issues prompting the exploration of municipal solid waste management include environmental impacts, neighborhood aesthetics, noiae, the numbers of true-ks in a neighborhood as well as wear and tear on City Streets; and WHEREAS, Englewood's current private subscription system increases impact.a on residential neighborhoods; and WHEREAS, trash collection service is offered by five different trash companies live days of the week; and WHEREAS, trash collection on one block may happen e~eh day of the week; and WHEREAS, neighborhood aesthetics are negatively impaclod by the trash on curba and in alleys throughout the week; and WHEREAS, overlapping routes often bring three or four trucks onto a residential strset or alley on any given week day; and WHEREAS, municipal solid wasie management has been an LS.t 11~ of the City Council since the early 1980's; and WHEREAS, the Keep Englewood Beautiful Commission was formed in 1991 to examine environmental issues impacting the City of Englewood ; and WHEREAS, one of the issues researched by the Keep Englewood Beautiful Commission «as Municipal Solid Waste handling; and WHERBAS , in 1992 at City Council's dire,. '"• che Keep Englewood Beautiful Commisair,n held a public bearing in March w 'iscuaa trash collaction isaues; and WHEREAS, Englewood residents voiced strong opposition to a curbside requirement and no fu...-,.t_her Council action occurred at that time; and WHEREAS, in 1997 the Keep Englewood Beautiful Commission concluded a two year study that included discussions with ar..ia trash hauling companies, analysis of surrounding municipal trash collection policies and review of the current ordinance , at which time the Keep Englewood Beautiful Commission presented the Municipal Solid Waste Report to City Council in July 1997; and WHEREAS . in 1998 an ordinance requiring mandatory trash collection service was introduced and became a part of the Nui•ance Abatement Ordinance -E.M.C. Title 15 in June 1998; and -1- WHEREAS , in 1909 Council reviewed alternatives and recommendations from Keep Englewood Beautiful Commission and determ ined to pursue designated collection days; and WHEREAS , City Council refe rred trus m•tter to Keep Englewood Beautiful to determine what day• should be selected; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENC-LEWOOD, COLORADO, AS FOLLOWS : &iai.m..l . The City Cou~cil of the City of Englewood , Colorado hereby amends Title 5, Chapter 26, Section 4, with the addition of a new Paragraph D, to read as follows : 5-26::4/Dl: DESIGNATED COLLECTIOJ\' D~: ~. ~T\Se hold er shall limit reside ntial trash ha 1tling and coUecti~ Mondavs and Wednesda vs !· In the event a work holiday falls on a regularly scheduled Monday or Wednesdav the residential trash collection shall be the following dav ~-License holders &hall orovid @ an alternative plan for e;sceptiona to th~ schedu led collection dnv based on oevere weather or iqf dve;:ten)Jy missed customers Thi1 Ache dule must be submitted with the lienwe aoplication and approve,' b the Licensing Officer before the granting of the license I}. Ji;. The ftfHtiet' licen,e holder must □spose of trash is a state or federally approved site or facility and the disposal shall not be in violation of any federal, state, county or City rule or regulation. E. f . The license&ftfHtiet' holsler must notify the Licensing Cfficer of License holder's location for dispoeal and shall notify the Licensir,g Officer of any chauge in location within thirty (3r) Joys. I'-. g. No license& ftfHtiet' holsler shall op erat e any trash compacting mechanism on any motor vehicle nor shall a licensed hauler engage in any trash, rubbish or garbage collection activity between the hours of ten (10:00) p .m . and seven (7:00) a.m., when such compacting or co!J~ction activities take place within or across the street or alley from a resid ential Jistrict or within three hundred feet (300') of a hotel. G. !j. Insurance Required. License hold ers are required to maintain the following levels of insurance : l. All motor vehicles used in the operathn of the licensed business shall be insured under the laws of the State of Colorado. 2. The license holder shall at all times have Comprehensive General -2- • • Liebility Ins urance with a minimum combined single limit of UobUity for bodily in;,ury and property damage of one million dollars (S l ,000 ,000.00) per occur rence and in the aggregate. Failure to maintnm s uch insurance or to provide such evidence on request sha ll be cause for immediate revocation of the license. H. j. Transfer. Trash hauling licenses are not transferable. ~-Safety Gl•11••• The City Council, hereby finds, determines, and declares that this Ordinance is promulgated -und er the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfara of the public, and that thi s Ordinance is ne cessary fo r the preservation of health on d safety and for the protection of public convenience and welfare. The City Council further determines that tF, Ordinance bears a rational rel ation to the proper legislative object sought t be obtaine1 ~-Severab1litv [f any clause, sentence, parur -aph , or part of this Ordinance or the application thereof to any person ~ · .:.i.rc\L°l'~Wuce e eh1:1U for ony reason be adjudged by a court of competent jurisdiction c,1 var~. s uch judgm ent ahall not affect impair or invalidate the remainder of th i-J OrdinaP~ or its appllcoLion to other perso ns or circums b:a ....C% 1 ~ Inconsistent Ordinances All oth · f' 11., .. nces or portions thereof inconsistent or conflicting with this Ordinance 0 1 u .:i ~· portion hereof are hereby repealed to the e!:te nt of such inconsistency or conflict. ~-Effect of n:ne al or modifi.cRtion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, • extingulab, alter, modify, or change in whole or in part :my penalty, forfeiture, or liability, either civil or criminal which shall have been incurred under such provision, and each provision shall be treated and held as still remainin g in force for the purposes of s ustaining any and all pro pe r actions, suits, proceedings, and pro secutions for the enforce ment of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or or 1er which can or may he rendered, e ntered, or mnde in such actions, suits, proceedings, or prosecutions. 5l:l:ilim..1. ~-The Penalty Provision of E.M.C . Section 1-4-1 shall ai,ply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 16"' day of October, 2000 . -3- Published as a Bill for &u Ordir.ance .-n Lh• 20th dsy of October, 2000. Continued to Nove mber i'!ll 2000 on the 6th day of Nove mber, 2000. Read by title and pa•sed on final reading on the 20th day of November, 2000. Published by title as Oru :r,o.cce No. 8(. Series of 2000, on the 24th day of November, 2000. ~~ Loucrishia A. Ellis, City Clerk .. .. . • I, Loucrishia A. Ellis, City Clerk of the City ofEnglewood, Colorado, hereby certify • that the above and foregoing is , true copy of the Ordinance passed on final reading ... ••""'' ., _.," 0•'"'-No . :ij. s.,;., .~~t[ t!fs ~ • -4- • • Date October 16, 2000 COUNCIL COMMUNICATION Agenda Item 11 av Subfecl Bill for an ordinance making chan es to TIiie 5, Ch ter 26, Initiated By City of Englewood , Finance and Administrative Services De artment Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed Issues regarding trash collection at a number of study sessions and Council meetings. RECOMMENDED ACTION The City Council directed staff to research and recommend limiting the number of days (and days of the week) per week that residential trash may be collected by licensed haulers . The conctu.slon reached was trash collection would be limited to Mondays and Wednesdays . If a holiday f..J!,1 M the regularly scheduled days, trash must be collected the following day . In case of servere weather or missed customers, the licensed hauler must provide a plan to deal with these exceptions ., This will go into effect for new license holders when they are licensed, current license holden, -,,,11 need to comply when they renew their licenses in January 2001 . FINANCIAL IMPACT This action will not directly impact the financial condition of the City of Englewood. UST OF ATTACHMENTS Proposed bill for an ordinance .