Chapter 12.60
GARBAGE COLLECTION AND RECYCLING SYSTEM

Sections:

12.60.010    Definitions.

12.60.020    Owners or occupants of premises to provide for collection and disposal of trash, garbage, ashes, and rubble.

12.60.030    System established.

12.60.040    Residential service.

12.60.050    Residential containers.

12.60.060    Residential service to be provided.

12.60.070    Cost of residential service.

12.60.080    Source separated recycling program.

12.60.090    Commercial service.

12.60.100    Commercial service to be provided.

12.60.110    Cost of commercial service.

12.60.120    Repealed.

12.60.130    Prohibited acts.

12.60.140    Penalty.

12.60.010 Definitions.

Whenever the following words are used in this chapter, they shall have the following meanings:

A.    “Ashes” means all byproducts left of something after it has been burned, wood waste burned in devices commonly called “tepee burners” or “silos,” and other such burners commonly used in the wood products industry, and other high-temperature materials.

B.    “City” means the city of Gunnison, Colorado.

C.    “City manager” means the city manager of the city of Gunnison, Colorado.

D.    “Commercial user” means all tracts or parcels of land with improvements thereon, other than residential users as defined herein.

E.    “Garbage” means all discarded food, animal and vegetable matter, slop, and materials from dwellings, rooming houses, motels, hotels, clubs, restaurants, boarding houses, eating places, shops, and places of business.

F.    “Prohibited items” means motor oil, lubricating oil, transmission fluid, kerosene, lamp oil, diesel fuel, brake fluid, antifreeze, auto batteries, motorcycle and snowmobile batteries, boat batteries, engine degreasers, auto body filler, paint in liquid form, epoxy, varnish, paint thinner, turpentine, mineral spirits, paint stripper with methylene chloride, flourescent light ballasts, broken smoke detectors, railroad ties, treated fence posts, asbestos, swimming pool acid, ceramic glazes, artist oils, acrylics (unless dried), and pesticides or weed killer.

G.    “Recyclable material” means all materials accepted for recycling by the Gunnison County recycling program, as the same may be amended from time to time.

H.    “Residential user” means all tracts or parcels of land within the city improved with at least one, but not more than eight, residential dwelling units.

I.    “Rubble” means large brush, wood, cardboard boxes or parts thereof, large and/or heavy yard trimmings, discarded posts, crates, motor vehicle tires, scrap metal, bedsprings, water heaters, refrigerators, stoves, discarded furniture, and all other household goods or items, and discarded building materials; provided, that rubble shall not include demolition materials resulting from the destruction or remodeling of a building or a major part of any building.

J.    “Trash” means all debris, waste, brush, leaves, grass, weeds, waste paper, boxes, glass, cans, offal, cuttings from trees, lawns, and gardens, and other refuse and waste materials other than garbage or rubble. (Code 1997 § 12-6-1).

12.60.020 Owners or occupants of premises to provide for collection and disposal of trash, garbage, ashes, and rubble.

A.    Every owner or occupant of premises within the city shall provide for the collection and disposal of trash, garbage, ashes, and rubble in accordance with the regulations of this chapter.

B.    Rubble shall not be allowed to accumulate upon public or private property. The regular collection service provided for herein shall not remove rubble. The owner or occupant of any building, house, structure, or land shall have these items removed and properly deposited in an approved disposal area at his own expense within seven days.

C.    Nothing herein contained shall prohibit any person from keeping building materials on the premises for a period up to 30 days before or during a period of active construction, nor shall anything herein contained be construed to prohibit any person from storing any materials used in the operation of a business which is located in a zone allowing such use to be carried on; provided, however, that such materials must at all times be stored in a neat and orderly manner so as not to constitute unsafe, unhealthful, or unsightly conditions. (Code 1997 § 12-6-2).

12.60.030 System established.

A garbage, trash, and recyclable material collection and disposal system for the city is hereby established, which shall be maintained and operated within the city and under the direction of the officials of the city. (Code 1997 § 12-6-3).

12.60.040 Residential service.

All owners or occupants of premises within the city which are encompassed by the definition of residential users are hereby required to use the garbage and trash collection and disposal system established herein. (Code 1997 § 12-6-4).

12.60.050 Residential containers.

Garbage and trash from residential users shall be deposited in lidded containers in serviceable condition. Said containers shall have a capacity not exceeding 35 gallons. Brush and cuttings from trees shall be cut in lengths not to exceed four feet in length and be securely bundled. Bundles shall not exceed a weight of 40 pounds. (Code 1997 § 12-6-5).

12.60.060 Residential service to be provided.

The city’s system of garbage and trash collection and disposal for residential users shall consist of weekly pickup and disposal of all garbage and trash properly deposited into the system in accordance with the regulations adopted pursuant to this chapter. Each residential user of the system, in consideration of the charge made therefor by the city, shall be entitled to deposit up to three 35-gallon containers, or the equivalent thereof, per week. (Code 1997 § 12-6-6).

12.60.070 Cost of residential service.

The property owners or occupants of premises within the city encompassed within the definition of residential users shall be assessed and pay a monthly charge for the use of the system set by the city manager at a rate equivalent to the cost of providing such service, after advising the city council of such rates. (Code 1997 § 12-6-7).

12.60.080 Source separated recycling program.

Each property owner or occupant of premises within the city encompassed within the definition of residential user shall be provided with three bins for his use in depositing recyclable materials. The city shall provide weekly pickup of recyclable material for disposal at the Gunnison County recycling program.

Replacement bins shall be available pursuant to such rules and regulations as may be adopted by the city manager. (Code 1997 § 12-6-8).

12.60.090 Commercial service.

All owners or occupants of premises within the city encompassed within the definition of commercial users may, but are not required to, use the garbage and trash removal and disposal system established hereby. Garbage and trash of commercial users shall be deposited in lidded containers having a capacity not exceeding 35 gallons or in trash dumpsters to be supplied by the city, in accordance with a contract for such service, conforming to the requirements and specifications of the city. (Code 1997 § 12-6-9).

12.60.100 Commercial service to be provided.

The service to be provided to commercial users shall be the subject of individual contract, based on the needs of the commercial user, entered into by and between the city manager and each individual commercial user. (Code 1997 § 12-6-10).

12.60.110 Cost of commercial service.

The owner or occupant of premises requesting commercial services from the city shall be assessed and pay a monthly charge for collection and disposal of garbage and trash in accordance with the individual contract of service between the city and such commercial user. (Code 1997 § 12-6-11).

12.60.120 Payment of charges – When due – Delinquencies – Lien.

Repealed by Ord. 9-2015. (Code 1997 § 12-6-12).

12.60.130 Prohibited acts.

A.    Garbage or trash containers found to be in an unsanitary condition shall be tagged with a red tag by the city. Within 72 hours after a garbage or trash container has been tagged, the owner or occupant of the premises and users of the containers shall cause them to be cleaned and put in a sanitary condition. Failure to do so shall be deemed a violation of this chapter.

B.    Ashes shall be deposited in a separate metal container clearly marked in three-inch letters or greater “Caution – Ashes.” No person shall deposit or permit or allow to be deposited any ashes or other hot materials in any trash or garbage container except as herein set forth.

C.    No person shall deposit or permit or allow to be deposited any prohibited items for disposal by the city, as defined herein.

D.    It shall be unlawful to place or permit to remain anywhere in the city any garbage or other materials subject to decay, other than leaves or grass, excepting in a container meeting the requirements of this chapter.

E.    It shall be unlawful to cause or permit to accumulate any ashes, trash, or rubble in a manner that it can be blown away by the wind within the city.

F.    It shall be unlawful for any person to place or permit another to place any garbage or trash in any container used in the city’s garbage and trash collection disposal system without the permission of the person financially responsible for the services provided to such container. (Code 1997 § 12-6-13).

12.60.140 Penalty.

Any person, firm, or corporation found guilty of a violation of any of the prohibited acts set forth in this chapter shall be fined or imprisoned in accordance with Chapter 4.20 GMC, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Code 1997 § 12-6-14).