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Home My WebLink Aboutordinance.council.009-12 40)Y2rri-CL 1 ORDINANCE NO. 9 (Series of 2012) �' v AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE, CERTAIN VEHICLES PROHIBITED ON SIDEWALKS, MALLS AND STREETS. WHEREAS, Section 15.04.230 of the Aspen Municipal Code sets forth a prohibition of the use of motorized and non-motorized vehicles on the city sidewalks and malls; and WHEREAS, the Aspen Police and Parks Departments have conducted a citizens outreach effort to evaluate concerns regarding use of non-motorized vehicles (specifically bicycles) on the sidewalks and pedestrian mall; and WHEREAS, the Aspen Police and Parks Departments have determined that some modifications of the current prohibitions are warranted; and WHEREAS, the proposed changes to this ordinance will allow for increased flexibility in addressing pedestrian and bicycle safety on sidewalks; and, WHEREAS, the amendments to the Code are delineated as follows: G Text being removed is delineated with strikethrough. Text being removed looks like this. Li 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 15.04.230 to read as follows: Sec. 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 or unicycle upon sidewalks and malls, except as set forth in subparagraph (e), below. 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, except as set forth in subparagraph (e), below. (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 known as Main Street), Cemetery Lane and Mill Street from Highway 82 to the intersection of Red Mountain and Gibson, Spring and Hopkins are exempted for the purpose of access only. (c) For purposes of this Section, a recumbent or low rider tricycle shall be defined as follows: a tricycle on which the rider is seated less than twenty-four (24) inches above the ground in a reclined or sitting position with his or her legs in relation to the ground in a more horizontal than vertical position. (d) It shall be unlawful for any person to ride or operate horses or horse drawn carriages upon the sidewalks or malls of the CC Zoning District, except that horses and carriages may load and unload passengers and park on the mall at the corner of Galena and Cooper Streets. (e) Children under the age of eight years old, while riding on a sidewalk and while accompanied by an adult shall not be subject to the restrictions set forth in subparagraph (a), above. An adult accompanying a child under the age of eight years old may not be riding a bicycle, unicycle or skateboard. Any adult accompanying a child under the age of eight years old shall be responsible for the child riding in a controlled manner. (f) The Court is authorized to adopt fine schedules for the violation of this Section 15.04.230. The Court may adopt separate fine schedules related to violations for the operation of motorized vehicles and non-motorized vehicles. 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 of competent 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. Effective Date. This ordinance shall be effective as of June 1, 2012. Section 5. Notice A public hearing on the ordinance was held on April 23, 2012, in the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, prior to which hearing a public notice of the same was published in on the City of Aspen's official website INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of April 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney 30 VVU, /NJ. %PS, LW I 7760581 0 ycJc Ad Ticket#5 2o Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch City: Aspen Receipt State: CO Zip: 81611 Ad Name: 7760581A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 04/12/12 Stop: 04/12/12 - Color: Issue Copyline: ORDINANCE #9, 2012 Rep: AT Legals LEGAL NOTICE Lines: 19 ORDINANCE #9, 2012 PUBLIC HEARING Ordinance #9, Series of 2012. was adopted on first Depth: 1.6 reading at the City Council meeting April 9, 2012. Columns: 1 This ordnance, if adopted. will amend the code to make riding bicycles on the sidewalk an offense. Discount: 0.00 The public hearing on this ordinance is scheduled for April 23. 2012 at 5 PM, City hall, 130 South Commission: 0.00 Galena. • Net: 0.00 To see the entire text, go to the city's legal notice Tax: 0.00 webste http:.//www.aspenpitkin.co Depart ments/ • Clerk/Legal-Notices/ Total 9,61 • If you would like a copy FAXed or e-mailed to you. Payment 0.00 call the city clerk's office, 429-2686. • Published in the Aspen Times Weekly on April 12, 2012. [7760581] Ad shown is not actual print size n o UI s" r�`D ^. n r' 610 Po t-ri M p ¢' Cr O� O „ ro ro O fa• cn r2. cn cn N cn C f2. rroo 'n-�• Y fl . ro p'. p 0 p n rryory+ D n Cr r2. ¢' f2. ,-t O ¢, �.� ¢, 0• ~ H ~„1 H n r2. C� o ^. ;� p o r2. 'C r2. rt �C O O O cn O• ro r2. O O .C Q•+rt ¢, M .�• '--' 71.,1-.1 n cm 'F.; n ��..• �' O " n W CD '1:i .., r0 f--r r r r f-r O O �' cn O ro r O. 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