12-13 Violations

A.    The City of Ouray Police or Code Enforcement Officers shall have the power to issue warning notices or a summons and complaint to any person in violation of this Chapter.

B.    Violations of any provision of this Chapter by any person shall be unlawful and deemed a nuisance.

C.    Penalties for violations to provisions of this Chapter related to requirements for wildlife resistant containers shall be as follows: first violation shall be subject to a written warning as described in Subsection F, second violations by the same individual, regardless of the location of the violations, shall be subject to a fine of Three Hundred Dollars ($300.00) plus court costs; third or repeat violations by the same individual, regardless of the location of the violations, shall be subject to a fine of One Thousand Dollars ($1,000.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment, plus court costs, provided however, that no person under the age of eighteen (18) years may be sentenced to any term of imprisonment. Fines issued for violations for the wildlife resistant container requirements may be offset by the verified purchase and proper use of a wildlife resistant refuse container prior to the first scheduled Municipal Court appearance date regarding such violation.

D.    Except as provided in Section 12-13-C, penalties for violation of the provisions of this Chapter shall be governed by the fine schedule adopted by City Council.

E.    Either the owner or occupant, or both, of a residence or commercial establishment may be held responsible for a violation of this Chapter, regardless of any agreement between the property owner and a third party. Violations of this Chapter occurring at different locations, but involving the same individual, regardless of whether that individual is an occupant or owner, shall not alter or waive the graduated penalty provisions of Subsection C.

F.    An individual shall be deemed to have been issued a written warning and sufficient notice of a violation of this Chapter if it is personally served upon the owner or occupant or placed in the U.S. mail, postage prepaid and addressed to the owner or occupant, according to the last known address given by the resident to the City. If the identity of the owner or occupant is not known, the entity responsible for payment of the refuse collection services for the subject property shall be held responsible for any penalties assessed pursuant to this Chapter. Service of a warning, as described in Subsection C, shall be made by providing a copy of this Chapter of the Code, with the Section of this Chapter violated indicated, to the occupant or owner. The law enforcement official serving the occupant or owner shall complete an affidavit of service that contains a description of the documents served, the individual the information was served on, the date, time and location, if available, the information was served, and in what manner the information was served.