HomeMy WebLinkAboutordinance.council.08-2023ORDINANCE NO.08
SERIES OF 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTERS 2.12,14.20, AND 15.04 OF THE CITY OF ASPEN MUNICIPAL
CODE TO ADOPT AMENDED RULES, REGULATIONS AND FEES APPLICABLE TO
PARK RENTAL PERMITS AND SPECIAL EVENT PERMITS AND AUTHORIZING
STAFF TO ESTABLISH POLICIES FOR PARK RENTALS AND SPECIAL EVENTS.
WHEREAS, the City Council recognizes that parks, open spaces, and public rights -of -
way have long been regarded as a particular kind of community area that are available, at least to
some extent and on a reasonable basis, for groups of citizens to use for activities, expression of
ideas, and social events; and
WHEREAS, the City Council desires to continue to provide opportunities for citizens and
visitors of Aspen to rent parks for personal uses, including small rentals such as a birthday parry
or a family gathering; and
WHEREAS, the City Council also desires to provide opportunities for commercial use of
parks for activities, including but not limited to, fitness and yoga classes, catered picnics, and
personal training; and
WHEREAS, Chapter 14.20 of the City of Aspen Municipal Code ("Code") currently
provides provisions for the issuance of special event permits and park use permits, but experience
has demonstrated that these provisions do not adequately balance the need for public enjoyment
of the City's parks and open spaces, and the desires of citizens to use the City's parks, open spaces,
and public rights -of -way for a variety of uses, including private and commercial uses; and
WHEREAS, experience has demonstrated that there is a need to further clarify the
distinction between those uses that constitute a park rental and those uses that constitute a special
event, and establish regulations and procedures for park rentals, special events, and commercial
uses in parks and public spaces that recognize the unique needs and impacts associated with the
various uses and size of events; and
WHEREAS, the City Council recognizes that large private rentals and commercial uses in
the City's parks have increased, and although these uses may not qualify as a special event, they
have temporary impacts upon the quiet enjoyment of the public to its parks and open spaces that
are significant and in some instances similar to a special event and therefore should be subject to
comparable rules and regulations; and
WHEREAS, there is a need to establish fair and equitable rules and regulations to ensure
the City's parks and open spaces are protected from the impacts from larger private events and
commercial uses, and that park rentals for these types of larger private events and commercial uses
are adequately managed through rules, regulations, and policies; and
WHEREAS, special events provide an important amenity to the community and boost the
vitality of Aspen; and
WHEREAS, City Council supports the existing schedule of special events, and is desirous
of offering partnership to existing long-term community events so that their success and presence
in Aspen continues; and
WHEREAS, policies for park rental and special event permits that may be amended from
time to time are necessary for staff to adequately manage park rental and special event permits and
make certain that the intent of the Chapter 14.20 is enforceable; and
WHEREAS, the proposed amendments to Chapter 2.12 of the Code adjust the fees
associated with park rentals and special event permits to reflect the cost to the City and resources
needed to process, manage, and enforce park permits and Special Event permits; and
WHEREAS, Section 15.04.180 of the Code prohibits the consumption of alcohol on public
property and it is necessary to amend this section to reflect that alcohol may be consumed in public
parks or on public property when authorized pursuant to a special events permit or park rental;
and,
WHEREAS, the City Council has determined that the health, safety, and general welfare
of the citizens, residents, and visitors of Aspen will be served by this Ordinance, which will provide
the necessary updates to the Code so that Aspen parks and public spaces are adequately managed
and ensure that Special Events, park rentals, and other programmed uses are limited and allow
spaces for public health and wellbeing, quiet contemplation, and connection to nature.
NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
Chapter 14.20 of the City of Aspen Municipal Code shall be repealed and replaced in its entirety
and replaced as follows:
Chapter 14.20. PARK RENTAL AND SPECIAL EVENT PERMITS
Sec. 14.20.010. Definitions.
For purposes of this Chapter, unless otherwise apparent from the context, certain words
and phrases used herein are defined as follows:
Applicant shall mean the person, group organization or entity that applies for a permit and
the permittee whose name shall appear on the permit issued pursuant to this Chapter.
Application fee shall mean the fee that is collected at the time of application for park rental
or special event.
Athletic field shall mean a park that is designated suitable for athletic and sporting uses.
City Manager shall mean the City Manager of the City or the person designated by the City
Manager to perform the duties of the City Manager set forth at Sections 14.20.040 and
14.20.050 below of this Chapter.
Commercial shall mean any use of a park that results in, or is intended to, make a profit or
where the exchange of money occurs. Activities include but are not limited to fitness classes,
personal training, catered picnics, or outdoor markets.
Expressive activity shall mean a parade, assembly, meeting or similar gathering conducted
for the purpose of exercising free speech activity protected by either the First Amendment to
the United States Constitution or Article II, Section 10 of the Colorado Constitution.
Non-commercial informal gatherings shall mean any congregation less than the current
Park Rental Policy occupancy threshold that wish to occupy a location without the need for
exclusive use or prior reservation. Examples include but are not limited to small youth birthday
parties, small memorials, and picnics.
Park shall be defined within this Chapter as any public park, trail, open space, or the
pedestrian mall owned and/or maintained by the City of Aspen.
Park Rental shall be any organized gathering consistent with Park Rental Policy occupancy
limits that utilizes a park space for athletics, fitness, educational offering, picnics, parties, small
gatherings, or other activities.
Park Rental permit shall be the authorization to hold a gathering within a portion of a park
for an organized event consistent with the current Park Rental Policy.
Park Rental Policy shall be a supplemental document to the Municipal code, adopted
periodically by Resolution, that defines what parks are available for various uses, and quantifies
any limits in frequency or other considerations that limit appropriateness of activities with
parks.
Special event shall mean an organized activity or parade that occurs upon public property
and is open to the public, for entertainment, commercial or social purposes. When determining
whether an event requires a special event permit, the following factors may be considered:
(a) The expenditure of City resources is contemplated or is deemed necessary by City
personnel to maintain public health, safety and welfare during the event;
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(b) The event will be conducted on land requiring a temporary land use approval
pursuant to Section 26.450.040 of the Code; or
(c) The event is expected to have a visual, noise or other environmental impact upon the
immediate vicinity or surrounding area of the event.
(d) The event requests the use of tents greater than 400 sq. ft, or whatever current
applicable building code defines as size limitation
Special Event Permit shall mean a permit issued by the City to hold a Special Event.
Permit Coordinator shall mean the City Manager or the person designated by the City
Manager to perform the duties of the Permit Coordinator as outlined in this Chapter.
Sec. 14.20.020. Special event permit.
Application for a special event permit shall be made on a form prepared and made
available by the Permit Coordinator. The application shall be made with the Permit Coordinator
in accordance with the current City of Aspen Special Event Policy, as amended from time to
time. Applications for a special event permit must be submitted in accordance with the current
Special Event Policy.
Sec. 14.20.030. Review by Permit Coordinator.
The Permit Coordinator shall review applications for park rental or special event permit
and take any of the following actions:
(a) Approve the application and issue a park rental or special event permit.
(b) Deem the application incomplete and provide a written explanation to the applicant
explaining why the application is incomplete.
(c) Request additional information from the applicant, suggest amendments to the
application, or direct applicant to submit a special event permit application.
(d) Upon review of a special event application, the Permit Coordinator will determine
whether the applicant will need to apply for and obtain any of the following additional
approvals, licenses or permits:
(1) Special events liquor license from City of Aspen Clerk pursuant to Colo. Rev.
Stat. section 44-3-101, etseq.
(2) Vending agreement from City Council pursuant to Section 15.04.350 of this
Code;
(3) Permit to occupy a city right-of-way from the City Engineer pursuant to
Section 21.04.050 of this Code;
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(4) Temporary land use approval from City of Aspen Community Development
Department pursuant to Section 26.450.040 of this Code;
(5) Amplified music, loudspeaker or other noise variance from the City of Aspen
Environmental Health Department pursuant to Title 18 of this Code;
(6) Right-of-way construction permit from the City Engineer pursuant to Section
21.04.060 of this Code;
(7) Sign permit from the City of Aspen Community Development Department
pursuant to Section 26.510.050 of this Code;
(8) License or lease to occupy City -owned property or facility from the City;
(9) Trash accumulation permit from the City Manager pursuant to Title 26 of this
Code; and
(10) Business license from the Finance Department pursuant to Section
14.08.010, et seq., of this Code.
(e) Determine whether the applicant's special event constitutes expressive activity within
the meaning of this Chapter. If the applicant asserts that the proposed event constitutes
expressive activity within the meaning of this Chapter, the Permit Coordinator shall not
make a negative determination in this respect without first conferring with the City
Attorney.
(f) Refer the application to other relevant City departments and citizen advisory boards to
solicit their comments and suggestions for conditions of approval.
(g) Determine whether the special event requires City Council approval prior to the
issuance of a permit. In making this determination, the following criteria shall be
considered by the Permit Coordinator:
(1) Whether the applicant will need to obtain City Council approval for
another permit or license related to the special event.
(2) Whether the special event has been approved by the City Council in the
past.
(3) The recommendations of the City Manager or City staff as to whether City
Council approval is necessary, such as the authorization of financial
contributions or certain fee waivers to the event organizer.
(h) Assist the applicant in determining what City -owned equipment (event flooring, parking
signs, etc..) and/or City services (law enforcement officers, clean-up crews, etc.) shall be
required as a condition of approval to maintain public order and protect the public
health, safety and welfare. If additional City services are required, fees may be imposed
in addition to the permit fee, in order to reimburse the City for the costs of additional
services and equipment.
(i) Impose such conditions as deemed necessary to protect the integrity of the site and
the surrounding uses and structures in the neighborhood in which the special event is
to take place and to minimize or mitigate any impacts the special event may have upon
the health, safety and welfare of the citizens and guests of the City. This may include,
but is not limited to, setting requirements for or imposing restrictions upurr, Bice, bulk,
location, open space, buffering, screening, noise, signage, parking, traffic control,
security, clean up, maintenance, operations, hours of operation, set -backs, building
materials and requiring such financial security such as bonds as deemed necessary to
ensure compliance with any or all conditions of approval and/or to restore the site of
the special event to its original use or condition.
(j) Deny the permit application if the proposed permit does not comply with this Code or
City policy.
In determining whether to require financial responsibility guarantees or insurance policies,
the Permit Coordinator shall consider the nature of the proposed use of public property
and the adaptability of the same to the proposed use, the number of persons expected to
use the public property, the past experience of the City and other governmental
subdivisions with similar special events and the effect such event would likely have on the
neighborhood surrounding the subject property.
Sec. 14.20.040. Park Rental permit.
(a) Application for a permit authorizing a person, group or organization exclusive use of all
or a portion of a City -owned park or facility, for a limited period of time, shall be made
on a form prepared and made available by the Permit Coordinator and submitted prior
to the scheduled use of the park or facility. The City Parks and Open Space department
or the Permit Coordinator may require additional information from the applicant which
is reasonably necessary to a fair determination as to whether a permit should be
issued.
(b) If the proposed use of the park does not comply with rules and regulations for park use
promulgated by the current Park Rental Policy, the Permit Coordinator may present
alternative locations, uses or conditions.
(c) The City Manager may require the applicant to execute a license or lease agreement,
approved as to form by the City Attorney, to occupy the park or portion or facility
thereto.
(d) The Parks and Open Space Department shall adopt and post on the City of Aspen
website the City's Park Rental Policy that includes, but is not limited to, a list of City
parks available for park rental permits, uses authorized in each park, allowances for
how often each park may be used pursuant to a permit, and any other necessary rules
and regulations for park rental permits.
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Sec. 14.20.050. Expressive activity.
Whenever an applicant for a permit pursuant to this Chapter asserts that the proposed
event constitutes expressive activity within the meaning of this Chapter and the Permit
Coordinator so determines, the following procedures shall apply:
(a) Notwithstanding any provision of this Code to the contrary, the Permit Coordinator
shall not impose additional conditions upon the issuance of a special event or park
use permit not required by the City Manager.
(b) Notwithstanding Sections 14.20.030 and 14.20.040 to the contrary, an application for
a park use permit shall be made no less than four (4) days prior to the date of the
expressive activity.
(c) Notwithstanding Subsections 14.20.030 and 14.20.030 to the contrary, the
resubmittal of an application incorporating suggested changes by the City Manager
shall be submitted no less than two (2) days prior to the date of the proposed
expressive activity.
(d) Notwithstanding any provision of this Code to the contrary or suggested condition
imposed by the Permit Coordinator or any other agent of the City, the applicant shall
not be required to procure or maintain insurance, post a bond or pay any fee or
charge which is not nominal and intended solely to recover the costs of processing
applications for permits or licenses. Nothing in this Subsection is intended to relieve
the applicant from paying all bills and charges for the use of City equipment or
services requested by the applicant, to make repairs or to reimburse for damages
incurred or caused by the applicant or other responsible person while engaged in the
permitted activity.
Sec. 14.20.060. Fees.
Prior to the issuance of a park rental or special event permit pursuant to this Chapter, the
applicant shall pay the permit processing fee set forth in Title 2 and, in addition to any other
applicable fees as defined in Sec 2.12.080 pursuant to the proposed park rental or special
event.
Sec. 14.20.070. Waiver of fees.
The fees and charges imposed by this Chapter shall not be waived except as provided
herein. Application for the waiver of all or a portion of the fees and charges imposed by this
Chapter shall be made on a form prepared and made available by the Permit Coordinator and
submitted to the City Manager or their designated representative no less than three (3) days
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after the filing of the permit application. The City Manager may waive all or a part of the fees
and charges as they in their discretion, deem to be in the best interests of the City. The City
Manager may take into consideration whether the applicant is a nonprofit organization, the
PxtPnt and nature of the applicant's financial resources, the revenues expected to be raised by
the special event and any other information deemed relevant by the City Manager. All waivers
shall be made in writing.
Sec. 14.20.080. Indemnification.
Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the
applicant shall execute a written agreement to indemnify and hold harmless the City, its officers
and employees, from any loss, liability, damage or cost sustained by any person or property, to
the extent any such loss, liability, damage or cost rises from any activity associated with the
special event or use of City -owned equipment, supplies or property.
Sec. 14.20.090. Insurance.
Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the
applicant shall procure and maintain, at its own expense, a policy or policies of insurance
sufficient to insure against all liability, claims, demands and other obligations assumed by the
applicant. Such coverages shall be procured and maintained with forms and insurers acceptable
to the City. Public liability insurance coverage shall, at a minimum, be in amounts equal to the
monetary limits of liability set forth in the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101 etseq., as from time to time amended. The policy shall be endorsed to include the City and
its officers and employees as additional insureds and shall provide primary insurance. The
applicant shall present a certificate of insurance to the Permit Coordinator completed by the
applicant's insurance agent as evidence that the policy or policies provide the required
coverages, and that conditions and minimum limits are in full force and effect prior to the date
of the event. The certificate shall identify the special event and shall provide that the coverages
afforded under the policy or policies shall not be canceled, terminated or materially changed
until at least thirty (30) days' prior written notice has been given to the City. Failure to procure
or maintain an insurance policy or policies providing the required coverages, conditions and
minimum limits shall constitute sufficient grounds for immediate revocation of a permit issued
pursuant to this Chapter.
Sec. 14.20.110. Bonds.
Whenever required as a condition to the issuance of a permit pursuant to this Chapter, the
applicant shall provide the City with a guarantee to ensure financial responsibility for the
payment of all bills, repairs, damages and otherwise ensure performance of all conditions of
approval. The guarantee shall be in the form of a cash escrow with the City or a bank or savings
and loans association or an irrevocable sight draft or letter of credit from a financially
responsible lender and shall give the City the unconditional right upon demand to withdraw
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funds to pay any outstanding bills, including obligations to the City, make repairs, reimburse for
damages incurred and perform all conditions of approval.
Sec. 14.20.120. Term of permit.
A permit issued pursuant to this Chapter shall remain in effect only during the time stated
in the permit and shall not be transferable to any other entity without the prior written consent
of the City.
Sec. 14.20.130. Adoption of Park and Special Event Policy.
Pursuant to the powers and authority conferred by the Charter of the City, there is
hereby adopted and incorporated herein by reference as if fully set forth the procedures and
policies contained in the Special Event Policy and Parks Rental Policy, as may be amended from
time to time by City Council Resolution. At least one (1) copy of the Special Event Policy and
Park Rental Policy shall be available for public inspection at the Parks Department, and on the
City of Aspen's website.
Sec. 14.20.140. Appeals.
Any person not satisfied with the action taken by a person designated by the City Manager
to perform the duties of the City Manager set forth in this Chapter above, by the Permit
Coordinator or any other City staff person with regard to an application pursuant to this
Chapter shall have the right to take successive appeals, first to the City Manager and then to
the City Council. An appeal to the City Manager shall be taken by filing with the City Clerk a
signed statement that the applicant desires to appeal to the City Manager, along with a copy of
the application and the written denial or the permit objected to. An appeal of a decision by the
City Manager to the City Council shall be taken by filing with the City Clerk copies of the
application, denial or permit and the written decision issued by the City Manager, along with a
signed statement that the applicant desires to appeal to the City Council. Each appeal shall be
filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the decision
appealed from. A hearing shall precede a decision by either the City Manager or City Council
and advance notice of the hearing shall be provided to the applicant and the City official whose
decision is being appealed as soon as is practicable. The right to appeal an adverse decision by
the City Manager to City Council shall be contingent upon City Council's regular meeting
schedule. If City Council does not meet prior to the time of the scheduled special event, the City
Manager's decision shall be final.
Section 2.
Section 2.12.080 of the City of Aspen Municipal Code shall be repealed and replaced in its entirety
and replaced as follows:
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Sec. 2.12.080. Parks Department fees.
Parks Use and Special Event Fees
Administration Fee
One-time Park Rental
$22.00
Reoccurring Park Rental
:$90.00
Special Event Permit
$180.00
Business License
Up to 7 days
1>50.00
Park Rental Fee
Base rate (hourly)
$32.00
Athletic Field Prep (per athletic season)
$100.00
Add -on fee: Additional requested athletic paint or prep fee (per day)
$45.00
Add -on fee: Commercial fee (per day, less than 5 total participants
$10.00
Add -on fee: Commercial fee (per day, 5 or more total participants)
$35.00
Special Event Fees (per day)
Daily Rate (per park, per day)
$768.00
Skate Park Commercial Fee (per day)
$50
Commercial Rafting Put -in Fee (per season)
?300
Day camp Pick-up Drop-off Fee (per year) — not to exceed 1.5 hours of park use/day
�300
Paragllding Fees
Landing zone fee (per year)
$50.00
Paragliding Commercial Landing Fee (per paid client)
$2.00
Flags and Banners
Flags on Main Street (per flag)
$18.00
Banners on Main Street/Banner
$18.00
Mall Space Leasing
Price per Square Foot (per month)
;$4.43
'Filming (per day)
3-10 People
;$155.00
11-30 People: Still
$255.00
11-30 People: Video
$360.00
31-49 People: Still
I$360.00
1$460.00
31-49 People: Video
50 and Over People
$870.00
tree Fees
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Removal Permit
$82.00
Removal Permit — Development
$220.00
Mitigation Fee
$46.00
(Development Fees
Encroachments — Minor Review
$75.00
Encroachments — Major Review
$150.00
Rights -of -Way — Minor Review
$75.00
Rights -of -Way — Major Review
'$150.00
Landscaping and Grading Permit
$74.00
Landscape/Resource Review (per sq. ft.)
1$0.06
Section 3.
Section 15.04.180 of the City of Aspen Municipal Code shall be repealed and replaced in its
entirety and replaced as follows:
Sec. 15.04.180. Drinking liquor or possession of open container on public property
prohibited.
(a) It shall be unlawful for any person to drink any fermented malt beverages, malt, vinous
or spirituous liquors upon any street, alley, sidewalk or other public property in the City
unless authorized explicitly within a special event permit or park rental permit.
(b) It shall be unlawful for any person to possess or to have in his or her control on any
street, alley, sidewalk or other public property in the City, any malt beverages, malt,
vinous or spirituous liquors in any containers of any kind which are not sealed or upon
which the seal is broken. Included in the word "seal" shall be any regular seal applied
by the U.S. Government over the cap of all malt, vinous or spirituous liquors.
Section 4•
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Cprtinn 5-
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 resolutions or ordinances repealed or
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amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 6:
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.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
11 th day of April 2023.
AATTEST:
Nicole Henning, City lerk
760F.,
Torre, Mayor
FINALLY, adopted, passed and approved this 251 day of April, 2023.
ATTEST:
c
WZ4- -
Nicole Henning, City Cl rk
APPROVED AS TO FORM:
amen R. True, City Attorney
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76W�
Torre, Mayor