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HomeMy WebLinkAboutordinance.council.029-99 ~ ,: ( ORDINANCE NO. _29_, SERIES OF 1999 . ' \ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF A CHAPTER REGULATING "DELIVERY VEIDCLES." , WHEREAS, the COII1ll1ercial Core and Lodging Commission (the "CCLC") of the City of Aspen has heard. complaints and conducted public meetings on the issue of when . cOnll)1ercial deliv~ries should be permitted in the City of Aspen, and WHEREAS, the CCLC has determined that deliveries between the hours of 9:00 p.m. and 5:00 a.m. are disruptive to the citizens and tourists residing in and ilear the Commercial Core, and . WHEREAS, the CCLChas determined that deliveries conducted from th~ streets are disruptive to the traffic flow in the Commercial Core between the hours of 10:00 ll;.m. and 9:00 p.m., and o WHEREAS, the CCLC has determined that deli.veries in the Commercial Core may b~ conducted subject to certain conditions frpm a legally parked vehicle in a street, . alleyway, or truck loading zone between the hours of 5:00 a.m. ~d 10:00 a,m., and' WHEREAS, the CCLC believes that it is in d1e best interests of the health, welfare, and safety of the citizens of Aspen to amend tht) Aspen Municipal Code by the addition of a chapter to be e!ltitled "Delivery V ehicJes," and. WHEREAS, the City Council concurs willi the CCLC and desires to adopt for the benefit of the City of Aspen the following code amendments, to be effective November I, 1999. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of a new chapter, 24.20 Delivery Vehicles. which shall read as follows:. f' o Chapter 24.20 Delivery Vehicles 24.20.010 Definitions. For purposes of this chapter, the following definitions shall apply: . Commercial core includes all property within the area bordered by Durant to the sputh, Monarch to the west, Main Street to the north, and Spring to the east, plus all properties that abut Main Street on the north side of that street. These boundaries maybe ~ended from time to time by City Council. . Deliveries are defined as the necessary and expeditious loading and unloading of . goods, merchandise, and freight. Delivery vehicles are defined as vehicles which are used to make regular deliveries, as defined herein, to businesses in Aspen and which may be issued a permit allowing parking in loading zOl)es. 24.20.020 Restrictio~s on d~liveries. {"'., Except for vehicles delivering newspapers or fast food, such as pizza and sandwiches, the following time restrictions shall apply to deliveries made in the commercial core of the City of Aspen (also see the illustrative table below): A. 9:00 p.m. to 5:00 a.m.:. Between the hours of 9:00 p.m. .and5:00 a.m., no deliveries may be made in the City of Aspen. B. 5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries may be conducted from a legally parked vehicle on a street, alleyway, or truck loading zone in the City of Aspen. C. 10:00 a.m. to 9:00'p.m.: Between the hours.of 10:00 a.m. and 9:00 p.m., deliveries may be conducted only from the alleyways or truck loading zones of the City of Aspen. TIME PERIOD STREETS ALLEYS LOADING ZONES . . . 9:00 p.m.-5:00 a.m. no deliveries no deliveries no .deliveries 5:00 a.tn.-1O:00 a.m. '. deliveries permitted deliveries permitted deliveries permitted . . I 10:00 a.m."9:00p.m. no deliveries deliveries permitted deliveries permitted (' 2 r"- 24.20.030 Regulations on delivery vehicles.. A. . Operators of deliVery vehicle~ shall cooperate with City persolmel regarding snow removal and street cleaning operations. B. Delivery vehicles shall comply with the idle ordinance and other relevant City of Aspen ordinances, including but not limited to the Model Traffic Code. C. A business using a delivery vehicle shall possess a valid City of Aspen business license or be exempted from the requirement by the City of Aspen Finance Department. . D. A delivery vehicle shall either be conspicuously marked as a delivery vehicle with plain and legible identification including the business name and phone number affixed permanentlY to the side of the vehicle.or the'vehicle shall display a valid delivery permit issued by'the City of Aspen Transportation and Parking Department. E. The use of a delivery vehicle shall be required due to (l}the bulk of the items being delivered,' or (2) the need for repeated and frequent trips to load or unload the , vehicle. "'" , F. The vehicle must be actively involved in a delivery for the entire period of any exemption. granted. Specifically,d1e exempted status does not cover time taken for . personal business, business not specifically involving the delivery, and break periods. 24.20.040 Exemption of delivery vehicles from certain parking limitations. A. Delivery vehicles which comply with the requirements of this Chapter, including the time restrictions set forth in Section 24.20.020 and the general regulations set forth in Section 24.20.030 above, are exempt from certain parking limitations in Aspen's Commercial Core and in surrounding Residential Parking Zones, as set forth below:- 1. In the Commercial Core a delivery vehicie shall be allowed to use all truck loading zones and alleys while the driver is completing a delivery. . ' 2. In the Residential Parking Zones surrounding the-Commercial Core, it delivery vehicle shall be exempt from the two-hour limitation while the driver is completing a delivery. B. Delivery vehicles which comply with the general regulations set forth in Section' 24.20.030 abQve and which meet all of the following requirements are exempt from the restrictions on deliveries from 9:00 p.m. to 5:00 a.m.: (' 1. The delivery vehi~le may not exceedfifteen (15) feet in length, and 3 f". 2. The delivery vehicle may not have any refrigeration equipment, and 3. The delivery vehicle may ~ot be diesel J~owered, and ' 4. The delivery vehicle may not have automated lift gates, and .5.' The delivery shall not cause undue noise or disturbance to resipents or businesses in the area. ' 24.20.050 ' Appeal. A. A business teceiving deliveries or a delivery companyrriay appeal the requirements of this chapter to the Commercial Core and Lodging Commission (CCLC). ' B. Mailing Of notice. At least ten (10) days prior to the public hearing, the party bringing the appeal shall send notice by first class, postage prepaid U.S. mail to all owners of property within 300 feet of the business or businesses to which deliveries are made. ,(' C. Content of notice. Every notice shall 'include 'the name and address.of the party bringing the appeal, a description of the relief sought, the date, time, and place of the hearing, a reference to the CCLC as the decision"making party conducting the hearing, and such other information as may be required to fully apprise the public of the nature of the application. . D. Quorum. No appeal may be l;1eard by the .cCLC without a quorum being present. An affirmative vote of the members present, but in no event less than three affirmative votes, is required togrant relief from the strict requirements of this chapter. E.' Appeal criteria. No appeal may be granted absent findings by the CCLC (1) that ,the business or delivery company cannot reasonably colnply with the terms of this chapter and (2) that the grant of the variance will-not unduly burden or affect the residents and businesses of the neighborhood. 24.20.060. .violations and penalties. A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and impdsonment, as set forth in section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that a violation of the provisions of this code ,occurs or continues unabated. r . ;' 4 t1'\ Section 2 This ordinance shall not be effective until November I, 1999. Section 3 If any section, subsection, senteilce, clause, phrase, or portion of this ordinance is for ,any reason held invalid or unconstitutional by any court of competent jurisdiction, such 'provision and such,holding'shall not affect the validity of the r~maining portions ther~of. Section 4 o .. This ordin1l!1ce shall not affect any existing litigation and shall not operate as an ' abatement of any action or proceeding now pending under or py virtue of any other ordinance, and the same shall be conducted and concluded under such other ordinance. ,1999, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, .130 ,South Galena, Aspen, Colorado. f". \ 5 0' INTRODUCED AND READ as provided by law by the City Council of the City of ASpenOnthe,g.fdayU~ 1999. . ), , . 0, FIN~LL Y adopted, passed, and approved this.&2. dilY of , ~ el E. Richards,_M yor 6