Loading...
HomeMy WebLinkAboutordinance.council.014-01 ORDINANCE NO. 14 Series of 2001 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 21 OF THE ASPEN MUNICIPAL CODE, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" BY THE ADDITION OF A NEW CHAPTER TO REGULATE THE USE OF THE RIO GRANDE SKATEBOARD PARK, AND TO IMPOSE PENALTIES FOR VIOLATIONS OF SAID REGULATIONS. WHEREAS, the City of Aspen has recently completed construction of the Rio Grande Skateboard Park; and WHEREAS, attempts to impose voluntary measures to regulate the use of the park to protect the safety of the users of the skateboard park have met with mixed results; and WHEREAS, the City Council is concerned that some users are not properly protecting themselves and others from the inherent risks associated with the use of a skateboard park; and WHEREAS, the City Council has determined that it is necessary to impose reasonable rules and regulations for the health, safety, and welfare of the users of the skateboard park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That an emergency exists necessary to protect the health, peace, safety, and welfare of the citizens of the City of Aspen. Accordingly, this ordinance shall be considered as an emergency ordinance in accordance with Section 4.11 of the City of Aspen Home Rule Charter. Section 2. That Title 21 of the City of Aspen Municipal Code is hereby amended by the addition of a new Chapter 21.36 to read as follows: Chapter 21.36 RIO GRANDE SKATEBOARD PARK 21.36.01 Def'mifions. For purposes of this Chapter certain words or phrases are defined as follows: Rio Grande Skateboard Park shall mean the portion of the Rio Grande Park in Aspen, Colorado, which has been set aside and dedicated for use by persons using skateboards and similar devices as defined hereinafter. Skateboard shall mean skateboard, in-line skate, roller blade, roller skates and any other similar device approved by the Parks Department for use in the Rio Grande Skateboard Park. 21.36.02 Regulations. It shall be unlawful for any person with'm the Rio Grande Skateboard Park to: (a) Ride, operate, or use any device other than a skateboard; (b) Ride, operate, or use a skateboard unless that person is wearing a helmet designed for use with a skateboard and is in good repair at all times during use; (c) Place or utilize additional obstacles or other material (including, but not limited to ramps or jumps) that are not specifically authorized by the Director of Parks; (d) Ride, operate, or use a skateboard before or after the posted hours of operation; (e) Use or consume alcohol, tobacco products, or illegal drags; (f) Use or possess glass containers, bottles or other breakable glass products; (g) Fail to obey any other role or regulation posted on near the facility by order of the Director of Parks. 21.36.03 Director of Parks to Post Regulations. The Director of Parks shall post on ox near all entrances to the Rio Grande Skateboarding Park a sign or signs that clearly summarize the regulations set forth at Section 21.36.02 above, and any other rules or regulations that the Director of Parks deems reasonably necessary for the safe operation of the facility. The sign or signs to be posted shall include the following language: WELCOME To the City of Aspen Rio Grande Skateboard Park This facility has been designed for use by skateboarders and rollerbladers. In order to provide a safe and enjoyable experience the following warning and regulations have been posted. Please heed the warning and observe all regulations. WARNING Skateboarding and in-line skating are hazardous recreational activities. Use of this facility may result in serious injury or death. The City of Aspen does not assume any responsibility for injuries or death. Each person entering the facility assumes all risks associated with the use of this facility. The following roles and regulations have been adopted by the Aspen City Council to protect your safety. Any person failing to follow these rules and regulations shall be subject to eviction from the park and prosecution pursuant to Section 1.04.080 of the Aspen Municipal Code. RULES 1. USE THIS FACILITY AT YOUR OWN RISK. 2. HELMETS ARE MANDATORY. 3. BICYCLES AND SCOOTERS/RAZORS ARE PROHIBITED. 4. ALCOHOL, TOBACCO and DRUGS ARE PROHIBITED. 5. HOURS OF OPERATION ARE 8:00 A.M. TO SUNSET. 6. ADDING OR MODIFYING RAMPS IS PROHIBITED. 7. BOTTLES AND GLASS CONTAINERS ARE PROHIBITED. REPORT ALL INJURIES TO THE CITY OF ASPEN RECREATION DEPARTMENT - 920-5140. CALL 911 FOR ALL SERIOUS INJURIES OR OTHER MEDICAL EMERGENCIES. 21.36.04 Eviction. Any person found to be in violation of this Chapter or a regulation duly posted on the sign required by Section 21.26.03 shall be subject to eviction from the Rio Grande Skateboard Park. 21.36.05 Penalty. The privilege of any person to use the Rio Grande Skateboard Park is expressly conditioned upon compliance by that person with the provisions of this Chapter: A violation of any provision of this Chapter shall be deemed an infraction punishable by a fine and/or incarceration as provided by Section 1.04.080 of this Code. In addition, the person shall be subject to eviction from the facility. Section 3. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitntional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 23rd day of April, 2001. ATTEST." ~' % Kathryn'S. ,K~fi:__ city 'c fe~k FINALLY adopted, passed and approved this 24~' day of April, 2001. ~ Katl~'it~S?[o~, City Clerk Jpw-04/25/O1 -G:\jolm\word\ords\skateboard-park.doe