HomeMy WebLinkAboutordinance.council.009-2021 ORDINANCE NO. 9
(SERIES OF 2021)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,AMENDING ORDINANCE #12, SERIES OF 2020, BY MODIFYING
REGUIREMENTS FOR FACE COVERINGS OUTDOORS AND EXTENDING
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) including amending requirements for face coverings outdoors and extending the effective
dates for provisions regarding the requirements for face covering beyond the expiration date of
May 1, 2021, as set forth in Ordinance#18 (Series of 2020); 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
'n he interests of the public health
WHEREAS, the CityCouncil finds that it is appropriate and i t p ,
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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.
The provisions set forth in Section#1 of Ordinance #12, Series of 2020, including that which was
amended by Ordinance#18, are hereby amended as follows:
Section 2.Lb., and Section 2.2.b., are hereby deleted.
Section 2.2.c., is hereby amended to read:
In indoor or outdoor public places within the City of Aspen where persons are
unable to maintain safe social distancing (six or more feet of separation
regardless of duration) form persons not of the same household.
Section 2.6, Effective Date and Time, Limitations and Area, is hereby amended to read as
follows:
The Public Health Order and all other provisions set forth in Section 1, of
Ordinance #12, Series of 2020, which amended Section 2, of Ordinance #11,
Series of 2020, and as amended herein, shall remain in full force and effect
until June 7, 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 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.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 13''day of April 2021.
Torre,Mayor
TEST:" I Mx,(4, -
Nicole Henning,City Clef(--.-)
FINALLY adopted,passed and approved this 27t'day of April 2021,by
■ the unanimous vote of all City Council members present; or
❑ a vote of four(4)council members.
Tjl��
Torre,Mayor
ATTEST:
Nicole Henning
APPROVED AS TO FORM:
ames R. True, City Attorney