HomeMy WebLinkAboutordinance.council.022-98 ORDiNANCENO. ~,~SERIES OF 1998
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING
SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE TO
'INCLUDE;RESTRICTIONS ON THE USE OF RECUMBENT
TRICYCLES ON'CERTAIN STREETS AND SIDEWALKS OF THE
CITY OF ASPEN, COL'ORADO, AND DECLARING AN EMERGENCY
IN ACCORDANCE WITH SECTION 4.11 OF THE ASPEN CITY CHARTER
-This ordinance has been adopted as an emergency ordinance in accoidance with Section
.4. ] 1 of the Charter of the City of Aspe,n. The facts showing such urgency an.d need are
set forth below. ' ,
WHEREAS, Section 15.04.230 of the Aspen Municipal Code provides that "It shall be
unlawful for any person to operate any motorized vehicle or to ride a bicycle upon
sidewalks and malls. It shall also be unlawful for any person to operate or ride a
skateboard on the sidewalks and malls in the C-1 and CC zoning districts, ' and
WHEREAS, the Aspen Police Department has requested that Section 15.04.230 be
amended to include restrictior~s On recumbent tricycles (also known as low rider
tricycles), and
WHEREAS, a humher of city departments, including the Aspen Police Department,
have received concerned calls from RFTA and private citizens indicating that they have
nearly run over tickers oa r~cumbent.tricycles, and
WHEREAS, the rider of a recumbent tricycle sits only a few inches off the ground and
cannot be seen by vehicles, especially when ba, cking up, and
WHEREAS, the community of Aspen has significant concerns as to the safety of riders
of r'ecumbint tricycles on certain streets 0f the city of Aspen, and
WHEREAS, the City Council hdS declared an emergency in accordance with Section
4.11 of th~ City 9f Aspen Charter, and
WHERAS, the City Council finds that this ordi~iance furthers and .is necessary for the
public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section i.
Thal~ the City Council does h. ereby declare 'an emergency pursuant to Section 4.11 of the
ASpen City Charter for the preservation of public property, health, peace, and safdty of
the City of Aspen and its 'citizens inasmuch aS evidence p,resented to Council indicates
that the riders of recumbent (low, rider) tricycles are at significant risk oflserious bodily
injury of death Upon certain streets of the City of Aspen for the reason that vehicles ~are
unable to see the rider and 'his/her tricycle.
Section 2.
That Section 15.04.230 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended by adding the subsection designation (a) to the first subseCtion and b~ adding
subsecti6ns (b5 and (c). Section 15.04.230 shall now rdad as follows:
15. 04.230 Certain vehicles prohibited on sidewalks, malls, and streets.
(a) It shall be unlawful for any person to operate any motorized vehicle or to ride a
bicycle ulion sidewalks and malls. It shall also be unlawful for any person to operate or
ride a skateboard on the sidewalks and malls in the ,C-] and CC zoning districts.
' (b) Except when used by a handicapped person or exempted by'the Aspen PoliCe
Department, it shall be unlawful for any person to operate a recumbent or low rider
tricycle on the streets, sidewalks'and malls that are included in the enclosed area: the
area bordered by Main Street (Highway 82) on the north, Aspen on the west, Durant on
the south, and Spring on the east (inclusiVe of Main Street, Aspen; Durant, and Spring
and the sidewalks that abut them.) In addition, it shall be unlawful for any person to
operate a recumbent or low rider tricycle on the following streets and the sidewalks that
' abut them: Highway 82 (including all sections Idaown as Main Street), Cemetery Lane,
and Mill Street from Highway 82 to the intersection of Red Mountain ,and Gibsori.
Spring and Hopkins are exempted for the purpose of access only.
(c) For~ purposes of this section, a "recumbent or ioW rider tricycle" shall be de~ned as
follows.' a tricycle on which the rider is seated les~ than (wenty-four inches above the
ground i,n a reclined or sitling position with his or her legs in relation to the ground in a
more horizontal than vertical'position.
Section 3.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is f~r any
reason held invalid or unconst(tutional by any court of competent juris.diction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 4.
This ordinance shall not affect any existing,litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinance amended herein, and the same shall be conducted and concluded under
such prior orcljnanCe.
Section 5.
A public hearing on the ordinance shall'be held on the ,'~qday o .1998.
ai 5:00 p.m. in the City C.ouncil Chambers, Aspen City Hall, 130 South Galena.
Aspen, Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City'o~
Aspen on the~ day of ~-~ ,1998.
ATTEST?. ,
· . , Cit~ Clerk ,
FINALLY adopted, pass, ed, and approved this oq'~day of ~__ ,1998.
'Johnen~nett, dayo~r~
-ATTEST:
Ka~ City Clerk