HomeMy WebLinkAboutordinance.council.021-98 ORDINkNCENO. dl
Series of 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 24.04.020 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY
AUTHORIZING AND REGULATING THE USE OF NEIGHBORHOOD ELECTRIC
VEHICLES.
WHEREAS, the Colorado State Legislature amended the Colorado Uniform Motor Vehicle
Law, effective August 7, 1997, to permit local municipalities to authorize and regulate the
operations of neighborhood electric vehicles on streets and highways within their boundaries by
resolution or ordinance of the governing body, provided such regulations are consistent with the
provisions of said Law; and
WHEREAS, the City Council has determined that the use and operation of neighborhood
electric vehicles on streets and highways within the boundaries of the City of Aspen would enhance
air quality by providing an alternative method of transportation to the use of automobiles, help calm
traffic by the integration of slower moving vehicles into City traffic, reduce noise pollution by the
use of relatively silent operating vehicles, and generally improve the character of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Section 24.04.020(b), Article I of the Model Traffic Code, Of the Municipal Code of
the City of Aspen, Colorado, is hereby amended by the addition of the following part and
sections, which shall read as follows:
PART 20
NEIGHBORHOOD ELECTRIC VEHICLES
Section 2001. Model Traffic Code Section 2001 is hereby amended by the addition of the
following section, which shall read as follows:
Authorization for use and operation. Pursuant to Section 42-4-111(1)(aa) of the
Colorado Revised Statutes, neighborhood electric vehicles are hereby authorized for
use and operation on streets and highways within the boundaries of the City of Aspen,
subject to the regulations for such use and operatioh set forth in Section 2002, below.
Section 2002. Model Traffic Code Section 2002 is hereby amended by the addition of
the following section, which shall read as follows:
Regulation of neighborhood electric vehicles.
(1) No person shall operate a neighborhood electric vehicle on a limited access highway.
(2) No person shall operate a neighborhood electric vehicle on any street or highway with a
posted speed limit of more than forty (40) miles per hour. Nothing in this
subsection 2002(2) shall prohibit the crossing of a street or highway with a posted
speed limit of more than forty (40) miles per hour.
(3) No person shall operate a neighborhood electric vehicle on a City owned or
maintained trail.
Section 2.
That Section 24.04.020(b), Article II of the Model Traffic Code, of the Municipal Code of the
City of Aspen, Colorado, is hereby amended by the addition of the following
subsection, which shall read as follows:
Section 102. Model Traffic Code, Article II, Section 102, is hereby amended by the
addition of the following subsection, which shall read as follows:
(43.1) "Neighborhood electric vehicle" means a self-propelled, electrically powered
motor vehicle that:
(a) Meets the equipment standards set forth in Article I, Part 2, of the Model Traffic Code,
(b) Is designed to carry four (4) or fewer persons,
(c) Is designed to be operated at speeds of twenty-five (25) miles per hour or less,
(d) Has at least four (4) wheels in contact with the ground, and
(e) Has an unladen weight of less than one thousand eight hundred (1800)pounds.
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 unconstitutional 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.
A public heating on the ordinance shall be held on the/$ day of ~, 1998, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the
City of Aspen onthe ate, day of ~:L~. ,1998.
~ John , Mayor
ATTEST:
~ity Cler~k/~
· ~::.-"'- FINALLY adopted, passed and approved this/,~ day o~ ,1998.
: John , Mayor
' A\TTESTi'" ':
~ity Clerk
,IPW-06/10/98-G:\john\wordXords\elec-veh.doc