POLICY DATABASE
Fort Collins, Colo., Code § 12-23 (current through Oct. 17, 2017)
Brief Summary
Creates general requirement that food stores that accumulate a certain amount of excess food must subscribe to a service for the collection of food scraps by a licensed collector, but provided enumerated exemptions for, among other things, stores that donate food scraps for human or animal consumption, or do on-site composting.
Legal Strategies
Requires something, sets standards.
Creates an exemption.
Reach
Community-wide
Food System Category: Distribute, Surplus/Waste
State: Colorado
Jurisdiction Type: City
Jurisdiction Name: Fort Collins
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Protect the public health, safety and welfare. § 12-17.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this Article is to protect the public health, safety and welfare by regulating the accumulation, storage, transportation and disposal of refuse and rubbish .... The City Council shall use every means at its disposal, including its police powers, for the enforcement of this Article." § 12-17.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 12-16.
Does the law address implementation in some way?
Unclear. The City Manager may adopt such other rules and regulations concerning the collection, removal and hauling of refuse and rubbish as may be necessary to implement the provisions of this Article not in conflict with such provisions. § 12-26.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Any person who violates § 12-18 of this Article, or who violates Subsection 12-22(b), or Subsection 12-22(c) as it relates to Subsection 12-22(b), commits a civil infraction and is subject to the penalty provisions of Subsection 1-15(f). Any person who violates any other provision of this Article also commits a misdemeanor. All such misdemeanor violations are subject to a fine or imprisonment in accordance with § 1-15.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Chapter 12 (Health and Environment), Article II (Collection and Disposal of Refuse, Rubbish and Recyclables), Section 12-23 (Collection Requirements - Food Store Food Scraps). History: Ord. No. 109, 2016 , § 5, 9-20-16.