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The following terms, as used in this article, shall have the meanings hereinafter designated unless the context specifically indicates otherwise or unless the meaning is excluded by express provision:
ATTRACTANT WASTE: Any waste that could reasonably attract bears, including, but not limited to, material resulting from the preparation, cooking and/or consumption of food and/or waste material resulting from the handling, storage, preparation and/or sale of foodstuffs, spices, seasonings, pet food packaging, grease, cosmetics, insect repellants, lotions, and toothpastes.
BEAR MANAGEMENT AREA: The area within the City located west of Interstate 25 and more specifically denoted in the Bear Management Area Map adopted by City Council and updated from time to time.
BEAR RESISTANT CONTAINER: A waste container which also prevents access to the contents by bears. A bear resistant container must be certified by the Interagency Grizzly Bear Committee and must contain a marking declaring such certification that is visible on the outside of the waste container.
COLLECTOR: Any person engaged in the collection, removal and/or disposal of waste and yard rubbish.
COMPOST: A mixture consisting of decayed organic matter used for fertilizing and conditioning land.
INTERAGENCY GRIZZLY BEAR COMMITTEE: The cooperative entity consisting of members of the United States Forest Service, United States Geological Survey, and various state level officials that is responsible for certifying bear resistant containers.
MINIMUM SERVICE: That degree of service necessary to maintain a premises in a clean and orderly condition.
OWNER: Shall include the premises's or property's owner of record, whether person, partnership, corporation, firm or other association of persons, any authorized agent or representative of the owner of record, or any occupant of the premises or property.
POINT OF COLLECTION: A point established for the collection of waste and/or yard rubbish which is accessible to the collector and which is adjacent to or abuts a public alley or, if the premises subject to collection is not adjacent to a public alley, the most accessible point.
PREMISES: A lot or portion thereof, parcel of land, building or establishment. For the purpose of any duty or obligation imposed by this article, the term shall also include that area extending to the centerline of any alley adjacent to the lot or portion thereof, parcel of land, building or establishment or, if no alley exists, including all easements of record, to and including the curb and gutter of the street on any side of the lot or portion thereof, parcel of land, building or establishment. Should there exist no adjacent private property, the premises shall be deemed to include the entire width of any adjacent alley.
SECURED DUMPSTER ENCLOSURE: A fully enclosed structure consisting of four (4) sides and a roof or cover of sufficient height, design and construct that reasonably prevents access by a bear.
SECURED STRUCTURE: Any building, shed, garage, or other structure that could reasonably prevent access by a bear.
WASTE: any and all rubbish; unused, rejected and/or discarded material(s); feces; garbage; trash; debris or other foreign substances, solid or liquid or every form, size, kind and description, excluding yard rubbish.
WASTE CONTAINER: A container made of galvanized metal or other suitable material which has a tight fitting lid, and the capacity of which does not exceed ninety six (96) gallons and is not less than eight (8) gallons. Any container used for commercial waste shall mean a container of the type and capacity commonly known as a "roll off container" or "rear loader" or an equivalent. All containers shall be furnished by the waste producer, either by direct ownership or by lease. It shall be the responsibility of the waste producer to maintain any container in a tightly covered and sanitary condition.
YARD RUBBISH: Tree branches, twigs, grass, shrub clippings, weeds, leaves and other general yard, garden and organic waste material. (Ord. 2092; 1980 Code; Ord. 86-214; Ord. 96-109; Ord. 01-42; Ord. 19-72)
The City shall not collect or remove any waste except in the event of an emergency, as determined by the Health Department or Administrator, or during designated cleanup days as proclaimed by the Mayor. (Ord. 2034; 1968 Code §11-99.1; 1980 Code; Ord. 96-109; Ord. 01-42; Ord. 19-72)
A. The Owner of any premises where any waste or yard rubbish is produced shall be responsible to provide for minimum service for such matter at the point of collection, unless it is shown to the satisfaction of the Administrator that the waste or yard rubbish is disposed of in a manner which is not harmful to the public health or does not create a nuisance or other unsanitary condition and is removed from the property at least weekly. The Administrator may use discretion to require more frequent pick up or disposal to protect the public health, safety or welfare.
B. All waste and yard rubbish collected within the City shall be transported to and disposed of at an approved site or facility. (Ord. 2092; 1968 Code §11-99.5; 1980 Code; Ord. 86-214; Ord. 96-109; Ord. 01-42; Ord. 03-121; Ord. 19-72)
A. All waste shall be placed in a waste container.
B. Yard rubbish that is not attractant waste may be placed in a garbage or refuse container. Waste shall be no longer than three feet (3') in length.
C. It shall be unlawful for any person or any producer of waste to place or deposit the waste in any container except a waste container or for any person or producer of the waste to place or scatter the waste on the ground, or to contract or arrange for the collection and removal of the waste except by waste collectors.
D. Nothing in this section shall be construed to prevent the accumulation of compost by any person on private property. The accumulation of compost shall not be in a condition which is dangerous to the public health, safety and welfare. The accumulation and use of compost in compliance with the standards set forth in this article shall not be considered attractant waste.
E. It shall be unlawful and a nuisance for any person to maintain a compost pile which substantially annoys, injures or endangers the health, safety or welfare of the public. The term "annoy" shall include, but not be limited to, strong offensive odors or the presence of mice, rats, vermin or rodents.
F. Waste containers shall be located in the rear or side yard areas of all properties or within a secured structure. The containers shall not be placed in front yards except for collection purposes. Dumpsters may be placed on the side or front yard areas only if the rear yard area is of insufficient size or accessibility. Dumpsters permanently located on a property must be kept inside an enclosure which fully surrounds the dumpster. The enclosure shall be maintained in good condition and shall not interfere with the movement of traffic or pedestrians in the right of way.
G. It shall be unlawful for any person owning, occupying or maintaining real property in the City to fail to remove waste and yard rubbish from the person's property line to the centerline of any abutting alley and from the person's property to the paved area of a street abutting the property. This responsibility extends to the entire alley or public right of way if there is no other property adjoining the person's property. (Ord. 2092; 1968 Code §§11-99.3, 11-99.4; 1980 Code; Ord. 96-109; Ord. 01-42; Ord. 19-72)
It shall be unlawful for the owner or occupant of any premises to permit the accumulation of waste and yard rubbish which creates an unsanitary condition, which constitutes a rat harborage as defined in section 6.2.104, or which is kept on a premises not in conformity with this part 1. Any improper accumulation of waste or yard rubbish may be abated by action initiated pursuant to article 5 of this chapter. (Ord. 2092; 1968 Code §11-99.11; 1980 Code; Ord. 96-109; Ord. 01-42; Ord. 19-72)
The City of Colorado Springs hereby finds that the area within Colorado Springs located west of lnterstate-25 (I-25) has experienced a high incidence of bears foraging for food in waste containers and other sources, occurring at levels that pose a threat to the health, safety, and welfare of the citizens and visitors to the City. In light of such finding, the "Bear Management Area" is hereby established. This area is located generally west of I-25 but is more specifically denoted in the Bear Management Area Map adopted by City Council and updated from time to time. (Ord. 19-72)
The following requirements apply to collection and disposal of waste within the Bear Management Area:
A. Within the Bear Management Area, all attractant waste must be secured within a functioning bear resistant container, secured structure, or secured dumpster enclosure at all times except as authorized in this section.
B. Non-bear resistant waste containers may be placed at the designated collection location on the scheduled collection day no earlier than 5:00 A.M., and must be removed from the collection location and secured as soon as practicable after collection service has been provided, but no later than 7:00 P.M. on the same scheduled day.
C. Any other waste stored in waste containers and stored outside must be sufficiently free from attractant waste so that it is not an enticement to bears.
D. Any organizer conducting a special event within the Bear Management Area pursuant to a permit required by City Code section 3.2.404
must remove or secure within a bear resistant container, secured dumpster enclosure, or secured structure attractant waste from the area, subject to the requirements contained in the permit, but no later than one (1) hour following completion of the event each day. (Ord. 19-72)
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