HomeMy WebLinkAboutordinance.council.007-09ORDINANCE N0. 7
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 24.12.060 OF THE ASPEN MUNICIPAL
CODE, TRAIL CROSSINGS, YIELDING, SAFE SPEED
WHEREAS, the Aspen Municipal Code, Section 24.12.060, Trail crossings, yielding, safe
speed, sets forth rules for the use of trails by bicyclists, pedestrians and horse riders; and,
WHEREAS, this Section of the Aspen Municipal code states that trail users shall stop at
all roads and yield to automobile traffic. All trail commonly cross private driveways, nothing
sets forth the rules for such crossings. Changes to this section will address such conflicts; and,
WHEREAS, this Section of the Aspen Municipal code conflicts with certain rules and
information that have been produced by the State of Colorado for all trail users; and,
WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 does
not address the use of trails in the City of Aspen by skaters, who have since become signifi-
cant users of the City's trail system; and,
WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 has a
phrase that is incomplete and is confusing to the reader; and,
WHEREAS, the Community Safety Division of the Aspen Police Department believes
that it is in the best interest of the City of Aspen to conform its regulations to State laws in or-
der to avoid confusion by the public at large; and,
WHEREAS, the Community Safety Division of the Aspen Police Department believes
that the change itself will not create confusion within the City of Aspen and its citizen, as the
proposed rules aze consistent with the generally accepted rules of trail use; and,
WHEREAS, the Community Safety Division of the Aspen Police Department believes
that the addition of rules regarding the crossing of private driveways will increase the safety of
trail users; and,
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. T°- "~°~~°'°-"°•'°'"°°''°
dike-this:
• Text being added is bold and underline. Text being added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: The City Council hereby amends Section 24.12.060 of the Aspen Municipal
Code as follows:
Sec. 24.12.060. Trail crossings, yielding, safe speed.
Trail users shall stop at all roads and yield to any automobile traffic; unless the intersection
is posted otherwise. Trail users shall not be required to stop at each urivate driveway.
At such intersections, automobiles shall Vield to trail users. Bicvclists, Skaters, Pe-
destrians and others shall yield to Equestrians. Bicvclists and Skaters shall yield to
Pedestrians. Bicvclists shall yield to Skaters. Downhill users yield to Uphill users.
Faster users yield to slower users. ~~^ ~°'° .,..... ~'.:»'.'. ~°°'a .c'.:c:ee ::a_='e W a ^°~'°~-
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___ ______ ______ _______ J____ __ __ ___ _ _ __ _ ~ . .
~~~'-~•'-°- ^^~a ° ~°~'^'-~^^. All users of trails shall obey any posted
warning, caution or other signs. Horses are restricted to the unpaved portions of trails
unless otherwise posted as provided by law. Users of the paved trails shall keep to the right
half of the pavement at all times. Cyclists, Skaters and Equestrians hersernert shall travel
at a safe speed at all times.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court ofcompetent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 3. Existing Litigation.
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. Notice
A public hearing on the ordinance was held on April 13, 2009, in the Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9`h day of March 2009.
ATTEST:
athryn Koch, 'ity Clerk
Michae C. Ireland, May r
FINALLY, adopted, passed and approved this 13`h day of April, 2009.
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Michael C. Ireland ayor
ATT ~ ST:
Kathryn Koc ity Clerk
APPROVED AS TO FORM:
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Joh~ster, City Attorney