HomeMy Public PortalAboutOrdinance NO. 455 Amending Chapter 10- Trash TOWN OF FRASER
ORDINANCE NO. 455
Series 2018
AN ORDINANCE AMENDING CHAPTER 10 OF THE FRASER MUNICIPAL CODE.
WHEREAS, under Colorado law, the Board of Trustees of the Town of Fraser is
authorized to adopt and amend littering regulations applicable within the Town; and
WHEREAS, the Board of Trustees finds and determines that the following
amendments are in the best interests of the public health, safety and general welfare of
the citizens, residents and taxpayers of the Town of Fraser; and that all applicable
requirements of the Code of the Town of Fraser and state statutes have been met with
respect to the adoption of said amendments.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 7 (Health, Sanitation and
Animals), Article 2, of the Fraser Municipal Code (herein sometimes referred to as the
"Town Code") is hereby amended as follows [Note: additions are shown in bold
underlined print; deletions are shown as strikethrough print]:
1.1 Chapter 10, Article 2 of the Town Code is amended as follows:
ARTICLE 2 — Public Peace, Order and Decency
Sec. 10-2-40. — Littering of public or private property.
(a) Any person who deposits, throws or leaves any litter on any public
place or private property or in any waters commits littering.
(b) It shall be an affirmative defense to a charge of littering that:
(1) Such property is an area designated by law for the disposal of
such material and the person is authorized by the proper public
authority to so use the property;
(2) The litter is placed in a receptacle or container installed on such
property for that purpose; or
(3) Such person is the owner or tenant in lawful possession of such
property, or has first obtained written consent of the owner or
tenant in lawful possession, or the act is done under the personal
direction of said owner or tenant.
(c) It is in the discretion of the court, upon the conviction of any person
and the imposition of a fine under this Section, to suspend the fine
upon the condition that the convicted person gather and remove
from specified public property or specified private property, with prior
permission of the owner or tenant in lawful possession thereof, any
litter found thereon.
(d) Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle in violation of this Section, the operator of said motor
vehicle in violation is presumed to have caused or permitted the litter
to be so thrown, deposited, dropped or dumped therefrom.
(e) It is unlawful for any person to throw, deposit, or place any
waste in any dumpster or waste receptacle located within the
Town without the consent of the owner or authorized user of
such waste receptacle or dumpster, whether or not such
receptacle is on public or private property.
(f) This Section does not apply to the disposal of waste in
receptacles provided and marked for the public disposal of
trash or waste.
(g) For purposes of this Section, the term "waste" includes solid or
liquid waste, whether organic or inorganic, including without
limitation, trash garbage, refuse, debris or litter, rubbish, animal
carcasses, offal or manure, paper, ashes, cardboard, cans, yard
clippings, tree limbs, compost, glass, rags, discarded clothing
or other discarded objects.
(h) For purposes of this Section, "waste receptacle" means any
container purposed for waste disposal, including without
limitation a dumpster, garbage can, trash can, rubbish bin,
recycling bin, compost bin, wastebasket and trash barrel.
(i) The Town Pay-As-You-Throw (PAYT) Trash and Recycling Drop
Off Facility named The Drop shall be for the disposal of
designated PAYT trash bags. It is unlawful to dispose of any
other type of bag other than Town of Fraser PAYT baps.
PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser,
Colorado, contains penalty clauses applicable to violations of this Ordinance, and such
section is herewith set forth in full and hereby enacted:
Sec. 1-4-10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse
or fail to comply with or resist the enforcement of any provision of this Code; and
where no specific penalty is provided therefor, the violation of any provision of
this Code shall be punished by a fine not exceeding two thousand six hundred
fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year,
or by both such fine and imprisonment. Each day such violation continues shall
be considered a separate offense.
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed
and all ordinances or parts of ordinances inconsistent with the provisions of this
Ordinance are hereby repealed; provided, however, that such repeal shall not affect or
prevent the prosecution or punishment of any person for any act done or committed in
violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance. The
Town of Fraser hereby declares that it would have adopted this Ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases thereof be declared invalid
or unconstitutional.
PART 5: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the need
to act promptly to address apparent nuisance conditions existing within the Town, the
Board of Trustees hereby finds, determines, and declares that an emergency exists,
that this Ordinance is necessary for the immediate preservation of public peace, health,
safety and welfare, and that it shall be in full force and effect immediately upon
adoption.
PART 6: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 11th DAY OF July, 2018.
Votes in favor: 6 BOARD OF TRUSTEES OF THE
Votes opposed: 0 TO A ► • F-AS: R, COQ*RAD()
Abstained: 0
Absent: 1 BY: rte'
v�N of Mayor
ATTEST:
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QRADO Town Clerk
Published in the Middle Park Times on OI , 2018.