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HomeMy WebLinkAbout05597ORDINANCE NO. 5597 AN ORDINANCE AMENDING CHAPTER 3, TITLE VII, HEALTH AND SANITATION OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO BY THE ADDITION OF ARTICLE IV THERETO RELATING TO SOLID WASTE DISPOSAL, IMPOSING SOLID WASTE DISPOSAL USER CHARGES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:(Brackets indicate material being deleted; underscoring indicates new material being added.) gPrTT(nM 1 The City Council finds, determines and declares that the regulation of solid waste disposal and imposition of user charges therefor and the adoption of Article IV, Chapter 3, Title VII of the 1971 Code of Ordinances as set forth in Section 2 hereof are in the best interest of the City and its citizens and will protect and promote the public health, safety and welfare. gFrTTOM 9 _ Chapter 3, Title VII, Health and Sanitation of the 1971 Code of Ordinances of the City of Pueblo is hereby amended by the addition of the following Article IV thereto: ARTICLE IV: SOLID WASTE DISPOSAL SECTION 7 -3 -46 7 -3 -47 7 -3 -48 7 -3 -49 SUBJECT DEFINITIONS ubhK (. tHAKCiE6 COLLECTIONS VIOLATIONS 7 -3 -46 DEFINITIONS As used i n this Article: (a) Solid waste means any of the following produced or generated within Pueblo County, Colorado: garbage, refuse, rubbish, trash, mineral or vegetable waste, including but not limited to ashes, paper, cans, bottles, tree trimmings, tree limbs and stumps, discarded appliances and furniture, or any combination thereof. Solid waste does not include dead animals or part of the carcass of any dead animal, liquids or sludges, or radioactive, toxic, hazardous or infectious waste, substances or materials as defined in § §25 -11 -201, 25 -15 -101 and 402, C.R.S. (b) Disposal site means the City's solid waste disposal site and facility located southwest of the City and north of Colorado Hiqhwav No. 78 in Sections 13 and 18, Township 21 South, Range 65 West of the 6th P.M. 7 -3 -46 USER CHARGES (a) There is imposed upon each person disposing of solid waste at the disposal site a user charge at the rate of Three dollars ($3.00) per cubic yard. The Director of Finance shall establish user charge rates for all vehicles and equipment transporting solid waste for disposal at the disposal site which shall not be less than the following rates: (1) One dollar ($1.00) per load transported motor vehicle which is generally and commonly used for the noncommercial transport of persons over the public highways; Two dollars ($2.00 er load transported b truck (a motor vehicle equipped with a body to carry property) which is generally and commonly used for the noncommercial transport of persons and property over the public highways; (3) Five dollars ($5.00) per load transported by a truck with extended bed or side - boards or trailer which is generally and commonly used for the noncommercial transport of persons and property on the public highways; (4) Fifteen dollars ($15.00) per load transported any commercial vehicle or other vehicle or equipment not included in paragraph (1), (2) or (3) of this subsection. (b) The user charge imposed by section 7- 7 -2(a) shall be in addition to the tire disposal charge imposed by Ordinance No. 5485 but shall include the solid waste user fee imposed by §25- 16- 104.5, C.R.S. -2- 7 -3 -48 COLLECTION OF USER SERVICE CHARGE (_a) Solid waste shall be accepted for disposal at the disposal site only upon payment of the required user charge. (b) The user charge and the tire disposal charge shall be collected at the disposal site by the City, or by a bonded independent contractor engaged by the City, at the time of disposal in accordance with user charge rate schedules, procedures, and regulations established and adopted by the Director of Finance. 7 -3 -49 VIOLATIONS (a) It shall be unlawful and a Class 1 municipal offense for any person to dispose or attempt to dispose of any waste, substance, liquid or material at the disposal site which is not solid waste as defined by Section 7- 3- 46(a). (b) It shall be unlawful and a Class 1 municipal offense for any person to dispose or attempt to dispose of solid waste at the disposal site without paying the user charge imposed by section 7- 3- 46(a). (c) It shall be unlawful and a Class 1 municipal offense for any person to dispose or attempt to dispose of solid waste at any site or location within the City except the disposal site or an approved transfer station. SECTION 3. The caption of Article III, Chapter 3, Title VII of the 1971 Code of Ordinances is hereby amended to read: Article III - (SOLID WASTE DISPOSAL) JUNKED AND ABANDONED vMIuTrTVC SECTION 4. If any provision of this Ordinance shall be adjudged invalid or unenforceable by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance. RPrTTnm c;- All resolutions and ordinances or parts of resolutions and ordinances, in conflict with this Ordinance, are hereby repealed -3- to the extent of such conflict. This repealer shall not be construed to revive any resolution or ordinance or part thereof heretofore repealed. gPrTTnM A This Ordinance shall become effective on October 1, 1990. INTRODUCED: May 14, 1990 ATTEST: City Clerk By HOWARD WHITLOCK Councilman APP R0 ED: Pr dent of the City Council TE 43.22 -4-