HomeMy WebLinkAboutordinance.council.018-2020 ORDINANCE NO. 18
(SERIES OF 2020)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,AMENDING ORDINANCE #12, SERIES OF 2020 TO EXTEND THE
EFFECTIVE DATES OF THE PROVISIONS FOR FACE COVERING
REGULATIONS.
WHEREAS,the City of Aspen(the"City")is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City(the"Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property,health,peace, or safety upon the unanimous
vote of City Council members present or upon a vote of four(4) Council members,whichever is
less; and
WHEREAS,the City of Aspen declared a local disaster emergency on March 12,2020 pertaining
to the occurrence or imminent threat of widespread or severe damage, injury or loss of life or
property resulting from COVID-19; and
WHEREAS, the City of Aspen commenced and continues to support crisis response efforts,
through both personal and other resources;and
WHEREAS,pursuant to State and Local Public Health Orders, businesses have been allowed to
open to the public under strict guidelines for the health and safety of the public; and
WHEREAS,the Centers for Disease Control and Prevention recommends wearing face coverings
in public settings to prevent the spread of COVID-19; and
WHEREAS, the City Council proposes to amend the provisions of Ordinance #12 (Series of
2020) to extend the effective dates for provisions regarding the requirements for face covering;
and
WHEREAS, failure of individuals and businesses to comply with public health guidelines can
jeopardize the health of the community as a whole and could require the reinstatement of stay at
home orders and the re-closing of all businesses leading to devastating economic impacts; and
WHEREAS,the City Council finds that it is appropriate and in the interests of the public health,
safety, and welfare and would further protect property and civil order, for the City Council to
adopt this amendment as an Emergency Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN
CITY THAT:
Section 1.
Section 2.6,Effective Date and Time,Limitations and Area,of Ordinance#12,Series of 2020 is hereby
amended to read as follows:
The Public Health Order and all other provisions set forth in Section 2, of Ordinance 12,
Series of 2020 shall remain in full force and effect until May 1, 2021. This Order is
effective within the entirety of the territory of the City of Aspen, Colorado.
Section 2. Emergency Declaration
It is hereby declared that,in the opinion of the City Council,an emergency exists;there is a need for
the preservation of public property, health, peace, or safety of the City of Aspen, its residents, and
guests; and,this ordinance and public health order adopted as an emergency ordinance provides the
protection of the health,peace and safety of the citizens of the City of Aspen.
Section 3. Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten(10)days following final passage.
Section 4. 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 5. Effective Date.
Except as otherwise set forth herein, pursuant to Sec.4.11 of the Aspen Municipal Charter, the
ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative
votes of at least four (4) members of the Aspen City Council or the unanimous vote of all City
Council members present
Section 6. Existing Liti atg ion.
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.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 13th day of October 2020.
law_,
Torre,Mayor
ATTEST:
Nicole Henning,City C e
FINALLY adopted,passed and approved this 27d'day of October 2020,by
■ the unanimous vote of all City Council members present;or
0 a vote of four(4)council members.
Torre,Mayor
ATTEST:
Nicole Henning