Loading...
HomeMy WebLinkAboutordinance.council.034-18 ORDINANCE NO.34 Series of 2018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING TITLE 24 TRAFFIC AND MOTOR VEHICLES. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS,the City Council has determined to reduce traffic coming into town, cut down on congestion in town, have no more than 90%parking occupancy on the streets in the core and to encourage the use of alternative modes of transportation; and WHEREAS, the City Council has directed staff to implement a seasonal parking pricing policy that results in higher commercial core parking fees during peak seasons to be determined by parking occupancy rates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLRADO: Section 1 Chapter 24.24,Hybrid Vehicle Registration Fee Rebate and Parking Relief Program is hereby deleted in its entirety and replaced with the following: Chapter 24.24 ELECTRIC VEHICLE,NEIGBORHOOD ELECTRIC VEHICEL AND HYBRID PARKING INCENTIVE PROGRAM Sec 24.24.010.Electric Vehicle,Neighborhood Electric Vehicle and Hybrid Parking Program. There is hereby created an Electric Vehicle and Hybrid Parking Program within the City to encourage the ownership and use of vehicles with no or low tailpipe emissions in the City. Sec 24.24.020. Qualifications, administration and parking privileges. (a) For purposes of this Chapter,the following term shall have the following meaning: Electric vehicles,also known as all-electric vehicles or EVs, shall mean a vehicle that is powered by electricity only and is propelled by an electric motor that uses a rechargeable battery. These vehicles have zero tailpipe emissions. This definition is in accordance with the U.S. Department of Energy's classification (https://www.fueleconomy. og v/feg/evtech.shtml). Neighborhood electric vehicles, also known as NEVs, shall mean a vehicle that is powered by electricity only and is propelled by an electric motor that uses a rechargeable battery. Like an EV,these vehicles have zero tailpipe emissions. However,unlike an EV, NEVs are meant for short range driving and are not for use on roads or highways with speed limits over 35 mph. NEVs should comply with U.S. Department of Energy's classifications(https://energy.gov/sites/prod/files/2015/04/f21/nev tech spec.pdf). Hybrid vehicles shall mean a motor vehicle which draws propulsion energy from onboard sources of stored energy that are both an internal combustion engine or heat engine using consumable fuel and a rechargeable energy storage system such as a battery, capacitor, hydraulic accumulator or flywheel. This includes plug in hybrid electric vehicles. This definition is in accordance with the Environmental Protection Agency's Code of Federal Regulations definition https://www.gpo.gov/fdsys/okWCFR-2016-title40-vo121/pdf/CFR-2016-title40-vo121-sec86-1803-01.ydf (b) Any person who is the owner of an EV or NEV may apply for an Aspen Electric Vehicle Parking Program Permit on such forms as provided by Parking Department. The Electric Vehicle Parking Program Permit shall allow all-electric vehicles (EVs and NEVs)to park in any Residential Permit Zone at No Charge. Vehicles that display a valid Electric Vehicle Parking Program Permit will be exempt from the two-hour parking restriction in Residential Permit Zones. (c) The application for an Electric Vehicle Parking Program Permit shall be reviewed by the City's Parking Department to determine whether the type of vehicle for which an application is made is all-electric. All-electric vehicles(EVs and NEVs)will be issued an Electric Vehicle Parking Program Permit. Such permits are not transferable. (d) NEW will be allowed to park for No Charge in the Downtown Core.NEV's are not exempt from the four(4)hour limit of parking in the Downtown Core or any other parking limitation or prohibition posted on an official sign. (e) Any person who is the 6wner of an Hybrid Vehicle may apply for an Aspen Hybrid Vehicle Parking Program Permit on such forms as provided by the Parking Department. The Hybrid Vehicle Parking Program Permit shall allow all Hybrid Vehicles to park in any Residential Permit Zone for 50%off the current rate through our mobile payment system. (f) If not otherwise renewed by City Council,this program shall be tenninated as of December 31, 2020. Sec 24.24.030. No exemption created. Display of an Electric Vehicle or Hybrid Vehicle Parking Program Permit shall not exempt a vehicle from the provisions of Title 24 of this code. Display of an Electric Vehicle Parking Program Permit on a qualifying vehicle does not convey any privileges other than that of exceeding the posted time limit in Residential Permit Zones. Display of an Electric Vehicle or Hybrid Vehicle Parking Program Permit does not authorize parking in any other restricted or prohibited zone or parking space. It does not authorize exemption from the seventy-two-hour parking limitation,nor any other parking limitation or prohibition posted on an official sign. Section 2• The effective date, shall be January 1,2019. 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 the ordinances amended as herein provided, and the same shall be constructed 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 unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not effective validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the 12th day of November 2018, in the City Council Chambers,Aspen City Hall,Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of the City of Aspen on the 12th day of November, 2018. Steven Ska on,Mayor ATTEST: Linda Manning, City Clerk FINALLY adopted,passed and approved this 26th day of November, 2018 Stev n Skadron Mayor T ST: inda Manning, City Clerk Approved as to form: amrue, City Attorney