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Home My WebLink About1998 Ordinance No. 011.. • • ORDINANCE NO . !!_ SERIES OF 1997/1998 BY AUTHORITY /{!)bi ~MJ~w'l o1ff :ti39 -9'/; M /6~? COUNCIL BILL NO . 98 INTRODUCED BY COUNCIL MEMBER CLAPP AN ORDINANCE AMENDING TITLQHAPTE~dUBSECTION 3 , AND ENACTING A NEW TITLE 5 , CHAP~6, OF T~NGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES. WHEREAS , the collection and disposal of household and commercial trash is a growing environmental problem; and WHEREAS , the environmental and financial impacts of trash disposal are felt by all the citizens of Englewood; and WHEREAS , the unregulated hauling or disposal of trash by unknown persons creates a possible health and safety problem regarding prompt and proper disposal of trash; and WHEREAS, the licensing of Tra sh Haulers will lessen the health and sanitation problems associated with unregulated pick up of trash or waste; and WHEREAS , the licensing of trash haulers will encourage the recycling of materials which will relieve the disposal burden on the environment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the Ci ty of Englewood, Colorado hereby amends Title 15, Chapter 2 , Subsection 3F of the Englewood Municipal Code by deleting Paragraph F. 15-2-3-F . Ne persen shall engage in the business of remeving er hauling trash in the City vritheut first obtaining a lieense therefur . fi yeMly nentransferable lieense shell be issued by the Dil'eetor of Finaneial 8el'Vices upen annual payment of five dollars ($6 .00 ) per vchiele . S ection 2. The City Council of the City of Englewood hereby enacts a new Title 5, Chapter 26, entitled Trash Hauling, which shall read as follows: -1- SECTION: 5-26-1 : Definitions 5-26-2 : License Required 5-26-3: Application For License CHAPTER26 TRASH HAULING 5-26-4: Special Conditions and Restrictions of License 5-26-1: DEFINITIONS: For the purposes of this Chapter the following definitions apply: TRASH: TRASH HAULING: WASTE: DISCARDED MATERIALS INCLUDING, BUT NOT LIMITED TO HOUSEHOLD WASTES , FURNITURE, CONSTRUCTION SUPPLIES AND MATERIALS , GARDEN, LAWN AND LANDSCAPING SUPPLIES AND WASTES , SCRAP WOOD , METAL, OR OTHER MATERIALS , CLOTHING AND BEDDING. (SEE ALSO WASTE ) ANY PERSON, PARTNERSHIP , OR CORPORATION TRANSPORTING TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD . THE TERMS "WASTE " AND "TRASH" HAVE THE SAME MEANING FOR PURPOSES OF THIS ORDINANCE . (SEE ALSO TRASH ) 5-26-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL TO PERFORM TRASH HAULING IN THE CITY OF ENGLEWOOD FOR ANY FEE , CHARGE OR OTHER COMPENSATION WITHOUT FIRST OBTAINING A LICENSE PURSUANT TO THIS CHAPTER. 5-26-3: APPLICATION FOR LICENSE : THE APPLICATION FOR A TRASH HAULING LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. 5-26-4: SPECIAL CONDITIONS AND RESTRICTIONS OF LICENSE: IN ADDITION TO LICENSING CONDITIONS SET FOR IN CHAPTER 1 OF THIS TITLE , THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY. A. ALL VEHICLES HAULING , TRANSPORTING, OR PICKING UP TRASH SHALL COMPLY WITH REGULATIONS RELATING TO SIZE, WEIGHT, AND LOAD AS DESCRIBED IN PART 5 OF THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES AS ADOPTED BY THE CITY OF ENGLEWOOD. -2- ~ . ... . • • ' ... . ,.; . • B. PARTICIPATION IN COORDINATED CLEAN UP PROGRAMS IS REQUIRED . THE LICENSE HOLDER MAY PARTICIPATE BY PROVIDING FREE PICK UP, REDUCED FEES , OR OTHER INCENTIVES TO CITIZENS OF ENGLEWOOD AS PART OF AN ONGOING EFFORT TO IMPROVE THE QUALITY OF LIFE IN THE CITY OF ENGLEWOOD . C . LICENSE HOLDERS MUST PROVIDE RECYCLING SERVICES TO CITIZENS OF ENGLEWOOD AS MAY BE REQUIRED BY THIS CODE . D. THE HAULER MUST DISPOSE OF TRASH IN 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 . THE LICENSED HAULER MUST NOTIFY THE LICENSING OFFICIAL OF HAULER'S LOCATION FOR DISPOSAL AND SHALL NOTIFY THE LICENSING OFFICER OF ANY CHANGE IN LOCATION WITHIN THIRTY (30 ) DAYS . F . NO LICENSED HAULER SHALL OPERATE 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 ) P .M. AND SEVEN (7:00 ) A.M ., WHEN SUCH COMPACTING OR COLLECTION ACTIVITIES TAKES PLACE WITHIN OR ACROSS THE STREET OR ALLEY FROM A RESIDENTIAL DISTRICT OR WITHIN THREE HUNDRED FEET (300') OF A HOTEL . G. INSURANCE REQUIRED : LICENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: 1. ALL MOTOR VEHICLES USED IN THE OPERATION OF THE LICENSED BUSINESS SHALL BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO . 2. COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY OF ONE HUNDRED THOUSAND DOLLARS ($100 ,000 ) PER OCCURRENCE AND AGGREGATE. FAILURE TO MAINTAIN SU CH INSURANCE OR TO PROVIDE SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE . H. TRANSFER. TRASH HAULING LICENSES ARE NOT TRANSFERABLE . -3- Section 3. Safety Clauses. The City Council, hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 5 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any 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 remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7 . Penalty. The Penalty Provision ofE.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of December, 1997. Published as a Bill for an Ordinance on the 19th day of December, 1997. Read by title and passed on final reading on the 5th day of January, 1998. Published by title as Ordinance No . }L, Series of 1997/1998, on the 9th day of January, 1998. -4- # ' • ~: .. • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copyJlof the Ordinance passed on final reading and published by title as Ordinance No . ~/,/Iii. Loucrishia A. Ellis -5- .. ,. COUNCIL COMMUNICATION Date Agenda Item Subject A Bill for an Ordinance approving changes to Title 5, December 15, 1997 10 ax Chapter 2 -Trash Hauling Initiated By Staff Source Frank Gryglewicz, Director of Financial Services Department of Financial Services Susan Clark, Revenue & Budget Officer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This Bill for an Ordinance deletes Paragraph F of Title 5, Chapter 2, Subsection 3 and replaces it with a new Chapter 26 clarifying the requirements for a Trash Hauling License for the protection of the citizens of Englewood. At the October 20, 1997 Study Session, the Clean, Green and Proud Commission presented their findings and recommendations regarding Trash Hauling and licensing thereof. RECOMMENDED ACTION Staff recommends that the City Council approve this Bill for an Ordinance. e BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Trash Hauling Licenses are required to ensure that only qualified haulers with adequate insurance and which comply with existing waste disposal requirements, provide such services to the public. Changes in this Ordinance include requiring compliance with regulations regarding vehicles used, participation in community clean-up and recycling projects, proper disposal of trash collected as well as restricting hours of operation. A separate license for Trash Haulers is necessary due to the impact of this activity on the public's health and safety. Trash Haulers Licenses have unique aspects which require additional license requirements and restrictions on transferability. Insurance is required because this business can pose significant risk of physical injury and illness to the public. No alternatives were identified. FINANCIAL IMPACT The City collected $280.00 in Trash Hauling License Fees in 1996 at $5.00 per truck, which is the current license fee. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Copy of proposed Title 5, Chapter 2