HomeMy WebLinkAboutagenda.council.regular.20260526AGENDA
CITY COUNCIL REGULAR
MEETING
May 26, 2026
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
V.Special Orders of the Day
V.A Arbor Day Proclamation
V.B Swearing in of new Aspen Police Officers: Berta Rivera, Tatum Hunsader, Trey
Fabrocini
VI.Consent Calendar
VI.A Resolution #068, Series of 2026 - Fleet Replacement Police F-150 Pickups
VI.B Resolution #071, Series of 2026 - Irrigation Upgrades Cozy Point Ranch
VI.C Resolution #072, Series 2026 - Grant Application, Safe Streets and Roads for All
(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
Arbor_Day_Proclamation_2026_May_26th.doc
(These matters may be adopted together by a single motion)
Staff Report - Contract for Purchase of 2 Ford F150s_FINAL.docx
Resolution__068 Contract for Purchase of Police Vehicles.doc
2026 Fleet Replacement Two Police F150s Contract.pdf
Reso 071-2026_Staff_Report.docx
_71-2026_Resolution.doc
Exhibit A - SPPS1625909 Purchase Contract Victory Irrigation.pdf
SS4A Memo.docx
Resolution #072, Series of 2026 - Grant Application, Safe Streets and Roads for
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VI.D Resolution #073, Series of 2026 - APCHA Fund Request to Buy Two Properties
(Woody Creek)
VI.E Resolution #074, Series of 2026 - Contract for Maroon Creek Wetlands Restoration
VI.F Resolution #075, Series of 2026 - Appointment of Matthew Butt as Assistant City
Attorney
VI.G Draft Minutes of May 12, 2026
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
IX.A Ordinance #10, Series of 2026 - Updates to Title 15 of the City of Aspen Municipal
Code
X.Action Items
XI.Adjournment
All.docx
Staff_Report_-_APCHA_Woody_Creek_Purchases.docx
Resolution No 073 Authorizing funds for APCHA Purchase of Woody Creek
Properties.docx
Staff Report Reso__074-2026_Contract_for_Maroon_Creek_Restoration.docx
Reso__074-2026_Contract_for_Maroon_Creek_Restoration_Resolution.doc
Ex. A 2026-193 Maroon Creek Wetlands Restoration Stutsman.pdf
Resolution_No._075__Series_of_2026__-
_Appointment_of_a_New_Assistant_City_Attorney__Matthew_B._Butt_.doc
Matthrew Butt Resume.docx
Staff_Report__Resolution_No._075__Series_of_2026_-
_Appointment_of_Matthew_Butt_as_Assistant_City_Attorney.docx
cc.min.051226.docx
STAFF_REPORT-_RE_Title_15_Second_Reading_5.18.2023 (1).docx
OrdinanceNo.10_Title_15_Final_4.21.2026 (3).docx
Attachment A Proposed TITLE_15.docx
Attachent_B_-_Current_TITLE_15___OFFENSES.pdf
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PROCLAMATION
City of Aspen, Colorado
Incorporated 1881
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board
of Agriculture that a special day be set aside for the
planting of trees; and
WHEREAS, This holiday called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska and is
now observed throughout the nation and the world; and
WHEREAS, Trees reduce the erosion of our precious topsoil, cut heating
and cooling costs, moderate the temperature, clean the air,
produce oxygen and provide habitat for wildlife; and
WHEREAS, Trees are a renewable resource giving us paper, wood for
our homes, fuel for our fires, and countless other products;
and
WHEREAS, Trees in our city increase property values, enhance the
economic vitality of business areas, beautify our
community, and are a source of joy and spiritual renewal;
and
WHEREAS, The City of Aspen has been recognized as a Tree City USA
by the National Arbor Day Foundation; and
NOW THEREFORE LET IT BE RESOLVED, that the Mayor, City Council, and
the citizens of Aspen hereby proclaim June 6th, 2026 as
ARBOR DAY
In the City of Aspen, and we urge all citizens to support effort to care for our
trees and woodlands, and to support our city’s community forestry program for
this and future generations.
Attest:________________________ By order of the City Council
Nicole Henning, City Clerk this 26th day of May 2026
____________________________
Mayor Richards
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STAFF REPORT
TO: Mayor and City Council
FROM: Bethany Hayes, Fleet Operations Manager
THROUGH: Daniel Maldonado, Streets Superintendent
MEETING DATE: May 26, 2026
SUBJECT: Resolution #068 Procurement of two 2026 F-150 Hybrid Pickup Trucks for
the Aspen Police Department
__________________________________________________________________
INTENDED OUTCOME:
To support the Aspen Police Department operations, staff propose the procurement of
two Ford F-150 Hybrid Pickup Trucks.
EXECUTIVE SUMMARY:
Staff propose the purchase of two hybrid Ford F-150 Hybrid pickup trucks to replace aging
vehicles in the Police Department fleet. These replacements are included in the 2026
Fleet Replacement Plan, which targets vehicle replacement every six years or 80,0 00
miles. Based on annual evaluations, both vehicles have met the City’s age and
maintenance thresholds for replacement.
DISCUSSION:
The Police Department fleet is a critical operational asset that directly supports patrol,
emergency response, investigations, training, and community safety. Police vehicles are
subject to significantly higher utilization rates than typical municipal vehicles, including
extended idle time, frequent stop and go driving, rapid acceleration, and continuous
operation during emergency incidents. These demanding conditions accelerate wear on
engines, transmissions, suspension, braking systems, and onboard electronics. As a
result, timely replacement of police vehicles is essential to maintain reliability, ensure
officer safety, and provide uninterrupted public safety services.
The Aspen Police Department fleet currently consists of 8 fully electric vehicles, 4 hybrid
vehicles, and 6 internal combustions engine (ICE) vehicles. Procuring two additional F-
150 hybrids would bring the number of ICE vehicles down to 4 and increase the number
of hybrid vehicles to 6. This shift supports and aligns with the goals established in the
2022 Fleet Zero Emissions Roadmap.
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This purchase will ensure the Aspen Police Department is equipped to effectively support
Patrol and Community Response operations by providing reliable, efficient transportation
necessary for both emergency response and routine law enforcement activities, as well
as maintaining continuity of essential departmental functions.
BASIS FOR VENDOR SELECTION:
This purchase is part of the State Bid process. Ken Garff Ford in Greeley currently holds
the award for F-150 Hybrids and staff have been pleased with the operation, reliability,
and support of Ken Garff Ford over the past several years. Ken Garff Ford works with
staff to provide the most up to date vehicle replacement options that fit with our budget
and align with current operational needs.
FINANCIAL IMPACTS:
The 2026 Fleet Management plan budgeted $195,000 for the replacement of two diesel
Chevy Colorados. These funds are part of the Asset Management Fund Project #52001.
Proposed Funding:
2026 Fleet Funding $195,000
Proposed Expenditures:
2026 Ford F150 Hybrid $52,356
2026 Ford F150 Hybrid $52,356
Total Proposed Expenditures: $104,712
Note: The remaining budget will be used for police -specific upfitting, equipment
installation, and associated costs required to place the vehicles into service.
ENVIRONMENTAL IMPACTS:
Where operationally appropriate, hybrid and electric vehicle replacements support the
City’s long-term fleet electrification and emissions reduction goals. The Police
Department has been an early adopter of alternative fuel and electric vehicle s where they
meet operational needs.
Replacing aging internal combustion vehicles with hybrid alternatives reduces fuel use
and emissions while maintaining the performance required for public safety operations.
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The proposed F-150 Hybrid trucks are equipped with Ford’s 3.5L Power Boost hybrid
engine and currently represent the most viable option to meet Aspen’s operational
demands for this vehicle class.
RECOMMENDATIONS:
Approve Resolution #068 authorizing the purchase of two hybrid Ford F -150 pickup
trucks to maintain Police Department operational readiness.
ALTERNATIVES:
One alternative is to retain the existing vehicles for an additional year. This would reduce
fleet reliability, increase maintenance and fuel costs, and create a higher risk of service
disruptions.
Another alternative is to purchase fully electric trucks instead of hybrid vehicles. At this
time, fully electric pickup trucks do not reliably meet the operational needs of the Police
Department. Limitations include reduced range in cold weathe r, charging downtime, and
the continuous power demands of onboard police equipment such as lights, radios, and
computer systems, which can significantly impact usable range. For these reasons,
hybrid vehicles are the most practical option for this use.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A – “Resolution #068”
Attachment B – “Procurement Contract”
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RESOLUTION #068
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND KEN GARFF FORD GREELEY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for two
(2) Ford F150 Hybrid Pickup Trucks between the City of Aspen and Ken Garff
Ford Greeley, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for two (2) Ford F150 Hybrid Pickup Trucks between the City of Aspen and Ken
Garff Ford Greeley a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
RESOLVED, APPROVED, AND FINALLY ADOPTED by the City
Council of the City of Aspen on the 26th day of May, 2026.
Rachel Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held May 26th, 2026.
Nicole Henning, City Clerk
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Supply Procurement Page 0Updated 08/2025
2026 Fleet Replacement Two Police F150s
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT
City of Aspen Contract No.: 2026-168
AGREEMENT made 2026-04-23.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Ken Garff Ford Greeley4901 W 29th StGreeley, CO 80634US9702367129jwieneke@kengarff.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased.Exhibit B: State of Colorado Price Agreement Contract Number 202643
Total:$104,712.00
Docusign Envelope ID: FA8B794F-A882-8B49-8042-96E9C24CB8BA
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1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit AThe City and Vendor agree as set forth below.
1. Delivery. (FOB City of Aspen)[Delivery Address]
2. Contract Documents. This Agreement shall include all Contract Documents as thesame are listed in the Invitation to Bid and said Contract Document are hereby madea part of this Agreement as if fully set out at length herein.
3. Warranties. See Exhibit A/B.
4. Successors and Assigns. This Agreement and all of the covenants hereof shall inure tothe benefit of and be binding upon the City and the Vendor respectively and theiragents, representatives, employee, successors, assigns and legal representatives.Neither the City nor the Vendor shall have the right to assign, transfer or sublet itsinterest or obligations hereunder without the written consent of the other party.
5. Third Parties. This Agreement does not and shall not be deemed or construed to conferupon or grant to any third party or parties, except to parties to whom Vendor or Citymay assign this Agreement in accordance with the specific written permission, anyright to claim damages or to bring any suit, action or other proceeding against eitherthe City or Vendor because of any breach hereof or because of any of the terms,covenants, agreements or conditions herein contained.
6. Waivers. No waiver of default by either party of any of the terms, covenants orconditions hereof to be performed, kept and observed by the other party shall beconstrued, or operate as, a waiver of any subsequent default of any of the terms,covenants or conditions herein contained, to be performed, kept and observed by theother party.
7. Agreement Made in Colorado. The parties agree that this Agreement was made inaccordance with the laws of the State of Colorado and shall be so construed. Venue isagreed to be exclusively in the courts of Pitkin County, Colorado.
8. Attorney’s Fees. In the event that legal action is necessary to enforce any of theprovisions of this Agreement, the prevailing party shall be entitled to its costs andreasonable attorney’s fees.
9. Waiver of Presumption. This Agreement was negotiated and reviewed through themutual efforts of the parties hereto and the parties agree that no construction shall bemade orpresumptionshall arise fororagainst eitherpartybasedonanyallegedunequalstatus of the parties in the negotiation, review or drafting of the Agreement.
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10. Certification Regarding Debarment, Suspension, Ineligibility, and VoluntaryExclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor itsprincipals is presently debarred, suspended, proposed for debarment, declaredineligible or voluntarily excluded from participation in any transaction with a Federalor State department or agency. It further certifies that prior to submitting its Bid that itdid include this clause without modification in all lower tier transactions, solicitations,proposals, contracts and subcontracts. In the event that Vendor or any lower tierparticipant was unable to certify to the statement, an explanation was attached to theBid and was determined by the City to be satisfactory to the City.
11. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A)Vendor warrants that no person or selling agency has been employed or retained to solicitor secure this Contract upon an agreement or understanding for a commission, percentage,brokerage, or contingent fee, excepting bona fide employees or bona fide establishedcommercial or selling agencies maintained by the Vendor for the purpose of securingbusiness.
(B)Vendor agrees not to give any employee of the City a gratuity or any offer of employmentin connection with any decision, approval, disapproval, recommendation, preparation ofany part of a program requirement or a purchase request, influencing the content of anyspecification or procurement standard, rendering advice, investigation, auditing, or in anyother advisory capacity in any proceeding or application, request for ruling, determination,claim or controversy, or other particular matter, pertaining to this Agreement, or to anysolicitation or proposal therefore.
(C)Vendor represents that no official, officer, employee or representative of the City duringthe term of this Agreement has or one (1) year thereafter shall have any interest, direct orindirect, in this Agreement or the proceeds thereof, except those that may have beendisclosed at the time City Council approved the execution of this Agreement.
(D)In addition to other remedies it may have for breach of the prohibitions against contingentfees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a vendor, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Vendor; and4. Recover such value from the offending parties.
12. Termination for Default or for Convenience of City. The sale contemplated by thisAgreement may be canceled by the City prior to acceptance by the City whenever forany reason and in its sole discretion the City shall determine that such cancellation isin its best interests and convenience.
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13. Fund Availability. Financial obligations of the City payable after the current fiscalyear are contingent upon funds for that purpose being appropriated, budgeted andotherwise made available. If this Agreement contemplates the City using state orfederal funds to meet its obligations herein, this Agreement shall be contingent uponthe availability of those funds for payment pursuant to the terms of this Agreement.
14. City Council Approval. If this Agreement requires the City to pay an amount of moneyin excess of $100,000.00 it shall not be deemed valid until it has been approved by theCity Council of the City of Aspen.
15. Non-Discrimination. No discrimination because of race, color, creed, sex, maritalstatus, affectional or sexual orientation, family responsibility, national origin, ancestry,handicap, or religion shall be made in the employment of persons to perform under thisAgreement. Vendor agrees to meet all of the requirements of City’s municipal code,section 13-98, pertaining to nondiscrimination in employment. Vendor further agreesto comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957,as amended and other applicable state and federal laws respecting discrimination andunfair employment practices.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.(c) Incorporate the foregoing provisions in all subcontracts hereunder.
16. Integration and Modification. This written Agreement along with all ContractDocuments shall constitute the contract between the parties and supersedes orincorporates any prior written and oral agreements of the parties. In addition, vendorunderstands that no City official or employee, other than the Mayor and City Councilacting as a body at a council meeting, has authority to enter into an Agreement or tomodify the terms of the Agreement on behalf of the City. Any such Agreement ormodification to this Agreement must be in writing and be executed by the partieshereto.
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17. Authorized Representative. The undersigned representative of Vendor, as aninducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for the purposes of executing this Agreement andthat he/she has full and complete authority to enter into this Agreement for the termsand conditions specified herein.
18. ElectronicSignaturesandElectronicRecords This Agreement and anyamendmentshereto may be executed in several counterparts, each of which shall be deemed anoriginal,andallofwhichtogethershallconstituteoneagreementbindingontheParties,notwithstanding the possible event that all Parties may not have signed the samecounterpart. Furthermore, each Party consents to the use of electronic signatures byeither Party. The Scope of Work, and any other documents requiring a signaturehereunder, may be signed electronically in the manner agreed to by the Parties. TheParties agree not to deny the legal effect or enforceability of the Agreement solelybecause it is in electronic form or because an electronic record was used in itsformation. The Parties agree not to object to the admissibility of the Agreement in theform of an electronic record, or a paper copy of an electronic documents, or a papercopyofadocumentbearinganelectronicsignature,onthegroundthatitisanelectronicrecord or electronic signature or that it is not in its original form or is not an original.
19. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of§§24-85-101,et seq., C.R.S., and the Rules Establishing Technology AccessibilityStandards, as established by the Office Of Information Technology pursuant to Section§24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that useinformation and communication technology, as the term is defined in Coloradolaw, including but not limited to websites, applications, software, videos, andelectronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that theinformation and communication technology used, created, developed, or procured inconnection with the Services hereunder meets these standards, Professional may berequired to demonstrate compliance. The Professional shall indemnify the CITYpursuant to the Indemnification section above in relation to the Professional’s failuretocomplywith§§24-85-101,etseq.,C.R.S.,ortheTechnologyAccessibilityStandardsfor Individuals with a Disability as established by the Office of InformationTechnology pursuant to Section §24-85-103(2.5).
20. Order of Precedence of Contract Documents. The terms and conditions set forth inthe City of Aspen Standard Form of Agreement establish the rights, obligations, andremedies of the parties. No additional or different terms or conditions, whethercontained in bid packets, documents, order forms, or any other document orcommunication pertaining to the agreement will be binding upon the City of Aspenunless accepted in writing by an authorized representative of the City. In the case ofconflicts or inconsistencies between the City of Aspen Standard Form of Agreement
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and any other document attached thereto which cannot be resolved by giving effect toboth provisions, the City of Aspen Standard Form of Agreement shall control.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreementto be duly executed the day and year first herein, of which, to all intents and purposes, shall beconsidered as the original.
FOR THE CITY OF ASPEN:
By: ___________________________
_______________________________Date
_______________________________City Attorney’s Office
SUPPLIER:
___________________________
By:________________________________
___________________________________Title
___________________________________Date
Docusign Envelope ID: FA8B794F-A882-8B49-8042-96E9C24CB8BA
4/23/2026 | 8:33:40 AM PDT
commercial Account Manager
John Wieneke
13165
STAFF REPORT
TO: Mayor and City Council
FROM: John Spiess, Senior Open Space and Natural Resource Manager
THROUGH: Matt Kuhn, Parks and Open Space Director
MEETING DATE: May 26th, 2026
SUBJECT: Resolution #71- 2026 Irrigation Upgrades Cozy Point Ranch
INTENDED OUTCOME: Through the purchase of three new agricultural water reels, the
City of Aspen Parks and Open Space Department will make significant efficiency and
safety improvements that will allow us to nearly eliminate daytime watering and respond
to the drought conditions the summer of 2026. The reels further will bring the ranch into
compliance with the stage 3 water restrictions, while also striving to provide adequate
water for the agricultural and food producing lessees on the ranch. The request aligns
with the council goal of resource and infrastructure resilience and the city values of
service and stewardship.
EXECUTIVE SUMMARY: Cozy Point Ranch is a City of Aspen Open Space home to
two lease holders and founded with the intent of preserving the upper valley’s
agriculture and western heritage. The intent of Resolution #071 is to fund the purchase
of three new Kifco Water Reels for the agricultural irrigation system to support the
production of hay on the ranch. Typical of most ranches, the irrigation system at Cozy
Point has been cobbled together over the years. As a result, the existing system has
many inefficiencies that lead to additional water consumption, energy consumption and
labor hours for management. Working with the local CSU agricultural extension agent
staff have identified a relatively simple upgrade to the system that will deliver water
efficiently to the fields during the early morning and nighttime hours. This purchase and
expense is a direct response to the drought, and had not been a planned expenditure in
2026. Staff are requesting supplemental funding and contract approval for $119,674.65
in order to expedite purchasing and commission these reels in 2026.
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Figure 1 Kifco Water Reel
DISCUSSION: The City of Aspen is a partner with Cozy Point LLC in the operation of
the equestrian boarding facility operation at the ranch. A key component of this
operation is the reliable production of hay for consumption by the horses boarded at the
ranch. The equestrian operation typically consumes 10,000 bales of hay annually. Since
the purchase of the ranch in 1999 the city has made significant investments in the
agricultural system infrastructure including the mainline and pumps that move water
across the ranch from the pond located south of Brush Creek road. What has not been
upgraded in our period of ownership are the reel guns, barrel roll and other assorted
sprinklers. These points of distribution are old, inefficient and lack the automation to run
them during optimal watering times.
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Operations: Cozy Point LLC currently cuts
and bales 49.5 acres on the Cozy Point
property. A typical watering day on the
ranch involves 2-3 ranch employees
moving irrigation hoses and guns manually
throughout the day, typically from 7 am
until 7 pm. In a typical year the Lessee
completes two cuttings at the ranch and in
an exceptional year has been able to
complete three. The purchase of the three
water reels will change this operation
significantly because of the automation
that the new technology provides. With the
new system the reels will be deployed
each evening after 6 pm and move across
the fields automatically shutting off when
the watering cycle is completed in the early
morning. This provides significant benefit
to the operations because the water is
delivered when transpiration rates are low
resulting in lower water use. In addition,
the automation means less manual
operation of the system. In the absence of
the automation the workers would be
asked to move the system through the night creating a dangerous and unworkable
situation for the Lessee.
Equipment Lease: At the time of the purchase of the property the City took ownership of
all of the equipment on the ranch and agreed to lease the equipment back to the Lessee
on an annual basis. This equipment lease includes the irrigation equipment currently
operated by Cozy Point LLC on the property. As mentioned above the system is
severely outdated and consists of 4 different delivery systems including a barrel role,
reel gun, K- line and a handful of stationary agricultural irrigation guns. Staff has
worked diligently to update the equipment on the ranch and the rep lacement of the
irrigation delivery apparatus is a top priority with the dwindling water supply anticipated
in the 2026 growing season.
Water Rights: The City of Aspen holds a significant senior water right on the Jote Smith
Ditch which is diverted from Brush Creek. Exercising this water right through beneficial
use is critical to maintaining that water right on a yearly basis. To exercise this right and
meet the stage two and three water restrictions imposed by the city the watering will
need to take place outside of the 8:00 am to 6 pm time frame established by city
council. Staff believe the only way this can be done safely is to invest in automated
distribution systems.
Figure 2 Existing Barrel Roll System
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Local Production: In addition to the 49.5 acres at Cozy Point ranch the Lessee and the
City have partnered with Pitkin county and three private ranches in the upper valley in
the production of hay. Access to these additional fields gives the Lessee access to bales
in exchange for labor and hauling. Even with this additional acreage the Lessee and
City have on occasion needed to purchase hay from other producers.
Figure 3 Cozy Point Ranch Irrigated Hay Fields
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BASIS FOR VENDOR SELECTION: The vendor was selected from 2 informal bids
received by the city under the sole source provision in the code.
Specifically, Section 4.12.50 item #2.
"Although there exists more than one (1) responsible source, a competitive process
cannot reasonably be used or, if used, will result in a substantially higher cost to the
City, will otherwise injure the City's financial interests or will substantially impede the
City's administrative functions or the delivery of services to the public or to provide
uniform and economical repair and maintenance"
In this case the use of a competitive bid process would substantially impede our ability
to meet the stage 3 water restrictions and the delivery of services to the ranch Lessees
in a timely manner. The chosen vendor matched the low bid provided by the competitor
and agreed to oversee the delivery and installation of the product and provide training
on the system.
FINANCIAL IMPACTS: By approving this contract City council will authorize the
establishment of a new Capital project to be funded by the Parks fund and recorded in
the fall supplemental budget process. The total cost of the 3 water reels is $119,674.65
including delivery and installation.
ENVIRONMENTAL IMPACTS: The purchase of the 3 water reels will improve the
efficient delivery of water to the hay fields. These systems will reduce water
consumption and preserve local hay production in the upper valley. Without these
systems hay would potentially need to be purchased from sources beyond the western
slope of Colorado and incur significant transportation costs and use of natural resources
in the process.
RECOMMENDATIONS: Staff recommend the purchase of 3 water reels to upgrade the
agricultural irrigation system at Cozy Point ranch and meet the stage three water
restrictions currently in place. The upgrade to the irrigation system is in line with
strategic objective 3 “Resource and Infrastructure Resilience”. Specifically, initiative 2
Water Resilience, “the promotion of water conservation through reduced usage and
healthy river systems”. As patterns of precipitation have shifted across the valley it is
important that the City of Aspen model the efficient use of our water resources under the
pressures of a diminishing supply.
ALTERNATIVES: Council could suggest the renegotiation of the purchase contract with
Victory Irrigation. This includes a reduction in the number of water reels purchased at
this time. Council may suggest to not replace the irrigation infrastru cture, which would
result in loss of hay production, or watering outside of the stage 3 water restrictions.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A – SPPS1625909 – Purchase Contract Victory Irrigation
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RESOLUTION #071
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND VICTORY IRRIGATION AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
purchase of irrigation equipment between the City of Aspen and Victory
Irrigation, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for irrigation equipment in the amount of $119,674.65 between the City of Aspen
and Victory Irrigation, a copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 26th day of May 2026.
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 26th, 2026.
Nicole Henning, City Clerk
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Cozy Point Agricultural Irrigation Upgrade
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-184
AGREEMENT made the 11th day of May, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Victory Permaculture LLCDBA Victory Irrigation52 High StreetJamestown, CO 80455US720-934-6431michael@victorypermaculture.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.
Total:$119,674.65
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2026-071
05/26/2026
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, ormaterials as described in Exhibit A, appended hereto and by this reference incorporated herein,for the sum of set forth above.
2. Delivery. (FOB City of Aspen 210 Juniper Hill Rd Aspen, Co 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same arelisted in the Invitation to Bid or Request for Proposals and said Contract Document are herebymade a part of this Agreement as if fully set out at length herein.
4. Warranties. N/A.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to thebenefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City northe Professional shall have the right to assign, transfer or sublet its interest or obligationshereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a writtenNotice to Proceed from the City and complete all phases of the Scope of Work asexpeditiously as is consistent with professional skill and care and the orderly progress of theWork in a timely manner. The parties anticipate that all Work pursuant to this Agreementshall be completed no later than June 30, 2026, with the installation and operation of all theequipment no later than June 30, 2026. Upon request of the City, Professional shall submit, forthe City's approval, a schedule for the performance of Professional's services which shall beadjusted as required as the project proceeds, and which shall include allowances for periods oftime required by the City's project engineer for review and approval of submissions and forapprovals of authorities having jurisdiction over the project. This schedule, when approved bythe City, shall not, except for reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time andexpense basis for all work performed. The hourly rates for work performed by Professionalshall not exceed those hourly rates set forth at Exhibit A appended hereto. Except asotherwise mutually agreed to by the parties the payments made to Professional shall notinitially exceed the amount set forth above. Professional shall submit, in timely fashion,invoices for work performed. The City shall review such invoices and, if they are considered
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incorrect or untimely, the City shall review the matter with Professional within ten days fromreceipt of the Professional's bill.
9. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience
11. TerminationofProfessionalServices.TheProfessionalortheCitymayterminatetheProfessionalServices component of this Agreement, without specifying the reason therefor, by giving notice, inwriting, addressed to the other party, specifying the effective date of the termination. No fees shall beearned after the effective date of the termination. Upon any termination, all finished or unfinisheddocuments, data, studies, surveys, drawings, maps, models, photographs, reports or other materialprepared by the Professional pursuant to this Agreement shall become the property of the City.Notwithstanding the above, Professional shall not be relieved of any liability to the City for damagessustained by the City by virtue of any breach of this Agreement by the Professional, and the City maywithhold any payments to the Professional for the purposes of set-off until such time as the exactamount of damages due the City from the Professional may be determined
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties thatnothing contained in this agreement shall result in, or be construed as establishing an employmentrelationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.City is interested only in the results obtained under this contract. The manner and means ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with, and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
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account of injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death, property loss or damage, or any other loss of any kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwholeor in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,professional error, mistake, negligence, or other fault of the Professional, any subcontractor of theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional agrees to investigate, handle, respond to, and to provide defense for and defend against,any such liability, claims or demands at the sole expense of the Professional, or at the option of theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and otherobligationsassumedbytheProfessionalpursuanttoSection8above.Suchinsuranceshall be in addition to any other insurance requirements imposed by this contract orby law. The Professional shall not be relieved of any liability, claims, demands, orother obligations assumed pursuant to Section 8 above by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure or maintaininsurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages shall be procured and maintained with forms and insurance acceptable to the City.All coverages shall be continuously maintained to cover all liability, claims, demands, andother obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Independent Contractor Status Form on file with Procurement.
(ii)Commercial General Liability insurance with minimum combined singlelimits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWOMILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable toallpremisesandoperations.Thepolicyshallincludecoverageforbodilyinjury,broadform property damage (including completed operations), personal injury (includingcoverage for contractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall include coverage
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for explosion, collapse, and underground hazards. The policy shall contain aseverability of interests provision.
(c) The policy or policies required above shall be endorsed to include the City andthe City's officers and employees as additional insureds. Every policy required aboveshall be primary insurance, and any insurance carried by the City, its officers oremployees, or carried by or provided through any insurance pool of the City, shall beexcess and not contributory insurance to that provided by Professional. No additionalinsured endorsement to the policy required above shall contain any exclusion forbodilyinjuryorpropertydamagearisingfromcompletedoperations.TheProfessionalshallbesolelyresponsibleforanydeductiblelossesunderanypolicyrequiredabove.
(d) The certificate of insurance provided by the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. Thecertificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
(g) The parties hereto understand and agree that City is relying on and does not waive orintend to waive by any provision of this contract, the monetary limitations or any other rights,immunities, and protections provided by the Colorado Governmental Immunity Act, Section24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, itsofficers, or its employees. City's Insurance. The parties hereto understand that the City is amember of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as suchparticipates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manualare kept at the City of Aspen Risk Management Department and are available to Professionalfor inspection during normal business hours. City makes no representations whatsoever withrespect to specific coverages offered by CIRSA. City shall provide Professional reasonablenotice of any changes in its membership or participation in CIRSA.
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15. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certifiedmail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.The foregoing provisions shall be incorporated in all subcontracts hereunder.
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19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,or condition to be performed by Professional to which the same may apply and, until completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;
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3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year arecontingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meetits obligations herein, this Agreement shall be contingent upon the availability of thosefunds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,representations or covenants can be modified, changed, terminated or amended, waived,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timeto time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. ElectronicSignaturesandElectronicRecords. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, and allof which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing an
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electronic signature, on the ground that it is an electronic record or electronic signature or that it isnot in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm is defined in Colorado law, including but not limited to websites, applications, software,videos, and electronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with theServices hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
27. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement in three copies each of which shall be deemed an original on thedate first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________[Signature] [Signature]
By: _____________________________ By: _____________________________[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________City Attorney’s Office
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5/11/2026 | 1:01:15 PM MDT
Owner
Michael Box
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EXHIBIT A
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STAFF REPORT
TO: Mayor and City Council
FROM: Brian Long, Trail System Manager
Sarah Sopher, Project Manager
THROUGH: Matt Kuhn, Parks and Open Space Director
MEETING DATE: May 26. 2026
SUBJECT: Resolution #072, Series 2026 - Grant Application, Safe Streets and Roads
for All
__________________________________________________________________
INTENDED OUTCOME
City Council approval would acknowledge and support the City’s application for a Safe
Streets and Roads for All Grant to provide a financial boost toward completion of the
Buttermilk-to-Truscott Vulnerable User Safety Project. If the City is successful in
securing the grant, the trail will provide important new multi-modal connections for area
population hubs, while also reducing the financial impacts for trail construction on the
Parks Fund.
EXECUTIVE SUMMARY:
The Department of Transportation has created a grant program to support the goal of
zero roadway deaths. The City of Aspen’s grant application is intended to provide
funding for the Buttermilk-to-Truscott Vulnerable User Safety Project.
This project creates a new multi-use trail on the south side of Highway 82, connecting
transit stops, Buttermilk Ski Area, and housing facilities including underserved senior
residents at Aspen Country Inn. This corridor has been identified as a high -risk hotspot
in the City’s Safety Action Plan.
Safe Streets for All requires a resolution acknowledging council support of the grant
application and confirming that if awarded, local agencies are prepared to contribute to
the matching portion of the proposed budget. Staff propose that the City commit a
$25% match for the grant application, which is slightly above the minimum match
amount at 20%. Staff have worked with the project engineer to update the engineer’s
estimate of probable cost. The total project cost is presently estimated at $7,024,816. If
successful, the grant award would be $5,268612. Based on the 25% local match, the
City would then need to allocate $1,756,204 for the project.
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DISCUSSION:
The Elected Officials Transportation Committee (EOTC) initiated this project to design a
multi-use trail connection from Buttermilk to the Truscott underpass in 2022. Throughout
the design process, the City, EOTC, and the County worked in partnership to advance
the plan, and the project design is currently 90 percent complete with several final
components of planning ongoing.
Due to factors such as tax revenue uncertainty related to the airport closure, as well as
other project commitments like the Willoughby Park/Lift One project slated for 2028 and
2029, the Parks Fund has a placeholder allocation of $3,000,000 in 2030.
While portions of the project extend beyond City limits, the corridor is identified as a
high-risk location in the City’s Safety Action Plan and provides direct safety and transit
access benefits to City residents and users. The trail also provides direct connections
to the broader City of Aspen multi-use trail network, including the ABC Trail.
If the City is successful in receiving the grant, the City will engage our partners and seek
some offset of the Parks Fund expenses in funding the trail. Approval of this resolution
acknowledges the City’s intent to provide the required local match if the grant is
awarded.
To meet the federal application deadline, the SS4A grant application will be submitted
prior to the May 26, 2026 Council meeting. If Council does not approve this resolution,
staff will withdraw the grant application.
FINANCIAL IMPACTS:
An SS4A grant can contribute to a majority of the project cost for this community trail
asset. For this application, the City is proposing a 25 percent local match, which slightly
exceeds the program’s minimum match requirement of 20 percent. If awarded, the
City’s local match would come from the Parks and Open Space Fund (100).
The Parks and Open Space fund budget has already allocated three million dollars
towards the project in 2030. If the City receives this grant, staff will review the Parks
Fund budget and make adjustments necessary to ensure adequate balance and
targeted reserves given the project and grant timelines. According to the City’s grant
consultant, the USDOT typically allows up to 12 months after the award announcement
to finalize and execute the formal grant agreement. This window is explicitly designed
for local governments to draft Memorandums of Understanding, finalize partner agency
contributions, and formally budget the funds. The City would likely have a five year
window to complete the project.
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ENVIRONMENTAL IMPACTS:
This project supports walking, biking, and transit use, reducing reliance on single-
occupancy vehicle travel along the Highway 82 corridor. The trail connection improves
first- and last-mile access to transit and aligns with the Transportation and Energy Use
focus areas of the Aspen Sustainability Action Plan by helping reduce greenhouse gas
emissions.
RECOMMENDATIONS:
Approval of Resolution #072, Series 2026 acknowledging and supporting an application
by the City of Aspen for a Safe Streets and Roads for All grant through the United
States Department of Transportation.
ALTERNATIVES:
Council could elect not to approve matching funds for this application, in which case the
City may need to fully fund the project through its capital program, or the project may be
delayed if alternative funding is not identified. Alternatively, the City could pursue other
funding sources or partnerships to advance the project on a different timeline. Council
may also choose to prioritize other planned trail or transportation projects within the
same timeframe based on available funding and capacity.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A – Resolution #072, Series 2026 - Grant Application, Safe Streets and
Roads for All
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RESOLUTION #072
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACKNOWLEDGING AND SUPPORTING THE APPLICATION
BY THE CITY OF ASPEN FOR A SAFE STREETS AND ROADS FOR ALL
(SS4A) IMPLEMENTATION GRANT THROUGH THE U.S. DEPARTMENT
OF TRANSPORTATION.
WHEREAS, the City of Aspen has adopted the Aspen Safety Action Plan
(2024), which identifies priority safety improvements along high-injury corridors
and supports implementation of projects to reduce serious injuries and fatalities;
and,
WHEREAS, The U.S. Department of Transportation has established the
Safe Streets and Roads for All (SS4A) grant program to support local communities
in implementing projects that improve roadway safety; and,
WHEREAS, staff has determined that pursuing grant funding to support the
implementation of the Buttermilk-to-Truscott Vulnerable User Safety Project along
State Highway 82 is beneficial to the City of Aspen, and that a request for funding
through the SS4A program is appropriate; and,
WHEREAS, this project will address a documented high-injury corridor and
improve safety, accessibility, and connectivity for residents, workers, and visitors
traveling between workforce housing, transit, and key destinations; and,
WHEREAS, the City Council finds that this Resolution furthers the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, AS FOLLOWS:
Section 1:
A. Aspen City Council acknowledges and is supportive of an application to the
U.S. Department of Transportation Safe Streets and Roads for All grant
program for the purpose of implementing safety improvements along the
State Highway 82 corridor through the Buttermilk -to-Truscott Vulnerable
User Safety Project.
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B. If the grant proposal is successful, the City will proceed with final design
and implementation steps necessary to advance the project, including
procurement processes and coordination with relevant agencies.
C. Council is aware that receipt of the grant will require a local match of at
least 20% of the project’s cost. This match may be provided through a
combination of funding sources, including contributions from the City of
Aspen and partner agencies. The City’s portion of the match is anticipated to
be funded through the Parks and Open Space budget, and the City commits
to ensuring a 25% non-federal match is met prior to grant execution.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 26th day of May 2026.
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, May 26, 2026.
Nicole Henning, City Clerk
35
STAFF REPORT
TO: Mayor Richards and City Council
FROM: Matthew Gillen, Executive Director, APCHA
THROUGH: Diane Foster, Deputy City Manager
MEETING DATE: May 26, 2026
SUBJECT: Funds Request to Buy Two Properties (Woody Creek)
__________________________________________________________________
INTENDED OUTCOME:
The intended long-term outcome of this request is three brand new three-bedroom
housing units in the Woody Creek subdivision. APCHA already owns one property in
Woody Creek for redevelopment and is requesting funds to buy two more.
EXECUTIVE SUMMARY:
The Aspen Pitkin County Housing Authority (APCHA), requests from Aspen City Council
$712,733.00 to buy two properties in the Woody Creek subdivision for purposes of
redevelopment. APCHA intends to scrape the existing decades-old mobile homes and
replace them with modern modular units. APCHA would be exercising the right of first
refusal in purchasing these units as the deed restriction allows.
This will be achieved as a contribution from the 150 Fund (Housing Development) to the
632 Fund (APCHA Development). Future funding requests will be made for the costs of
installing three modern modular homes on the sites. APCHA also intends to approach
Pitkin County for financial assistance in this project, and funds will be returned upon
sale of the three units.
This project is part of the APCHA strategic plan goal number 2 “Quality” “APCHA
stewards a safe durable housing inventory”, and action item 11 of the City of Aspen
Affordable Housing Strategic Plan “APCHA Policy Actions to improve the sustainability
of the APCHA deed restricted housing.”
APCHA believes that this project is an excellent use of taxpayer money as it will provide
3 brand new housing units at little or no cost to the City of Aspen or Pitkin County. The
funds will be returned when the units are sold in the lottery. The three properties to be
replaced are original Woody Creek mobile homes and are near or beyond the end of
their serviceable life.
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DISCUSSION:
APCHA has successfully bought, scraped, and installed modern modular homes on two
Woody Creek sites in the past year using APCHA funds from the 632 account “APCHA
development fund”. The 632 fund is currently depleted due to money being tied up in
these 2 units, thus APCHA is requesting additional funds now. As an overall proof of
concept APCHA’s scraping and replacing these homes was highly successful and can
be replicated. This project is part of APCHA’s ongoing efforts to improve the condition of
housing stock under the APCHA umbrella. The City of Aspen asset development
department has agreed to partner with APCHA in the project.
Costs to buy:
$359,530 for 153 Woody Creek Plz.
$353,203 144 Woody Creek Plz.
APCHA already owns 135 Woody Creek Plz.. A further funding request will be made for
the “scraping and replacing” of these three units and installation of modern modular
homes. The current maximum sales price of new deed restricted single-family homes is
$731,000. The current estimated cost of a new unit on each lot is $350,000. APCHA
intends to sell the units at least at the ‘cost’ value.
BASIS FOR VENDOR SELECTION:
No vendor has been selected for the redevelopment of these 3 homes. A request for
proposals will be issued for this project. The current request is money to buy the
properties.
FINANCIAL IMPACTS:
The long-term financial impact of this request is expected to be neutral or minimal.
Upon completion of the project, the three homes will be sold at least the cost price, and
up to the maximum sales price (currently $731,000.00). This request represents an
interfund loan from the 150 Fund (Housing Development) to the 632 Fund (APCHA
Development). The loan terms and internal borrowing rates will comply with the City’s
financial and investment policies. Proceeds from the sale of the units will be used to
repay the outstanding balance owed to the contributing funds
RECOMMENDATIONS:
APCHA staff recommend approval of a contribution from the 150 Fund (Housing
Development) to the 632 Fund (APCHA Development) for purposes of buying 2 Woody
Creek properties.
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ALTERNATIVES:
The two properties could be sold through the normal APCHA lottery process, but without
guarantees that the units will be improved.
CITY MANAGER COMMENTS:
ATTACHMENTS:
None.
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RESOLUTION #073
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE TRANSFER OF FUNDS FOR THE PURPOSES OF ASSISTING APCHA
WITH PROPERTY ACQUISITIONS
WHEREAS, the Aspen Pitkin County Housing Authority (“APCHA”) has been established as a
multi-jurisdictional housing authority for the purposes of assisting the City and the County in
effecting the planning, financing, and acquisition of affordable housing; and,
WHEREAS, ACPHA is a standalone entity, uniquely separate from the City of Aspen and Pitkin
County: and
WHEREAS, the City of Aspen provides accounting services for APCHA; and
WHEREAS, APCHA has an opportunity to acquire two properties to add to its affordable
housing inventory; and,
WHEREAS, APCHA requires the financial assistance of the City to complete the proposed
property acquisitions; and,
WHEREAS, the City may provide for payment to the Authority of funds from proprietary
revenues and public funds as advances for any purpose subject to repayment by APCHA; and
WHEREAS, the City has financial resources available to assist APCHA with the purchase of
these properties; and
WHEREAS, Council finds that the use of City funds to assist APCHA with property acquisitions
is consistent with APCHA’s purposes and serves the interests of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1. Approval of Funding.
The City Council hereby approves the expenditure and transfer of funds in an amount not to
exceed $713,733 to APCHA for the purpose of assisting with the acquisition of property, subject
to repayment obligations.
Section 2. Use of Funds.
The funds transferred pursuant to this Resolution shall be used solely for costs associated with
the acquisition of the property and any related transaction costs approved by the City.
Section 3. Authorization of City Manager.
The City Manager is hereby authorized and directed to take any and all actions necessary or
appropriate to effectuate the intent of this Resolution, including but not limited to executing any
agreements, transfer documents, or certifications required to complete the transfer of funds and
facilitate the property acquisition.
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Section 4. Budgetary Authorization.
The Finance Director is authorized to make such budgetary and accounting adjustments as may
be necessary to implement this Resolution.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City
of Aspen on the 26th day of May 2026.
___________________________________
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held the 26th day of May, 2026.
___________________________________
Nicole Henning, City Clerk
40
STAFF REPORT
TO: Mayor and City Council
FROM: Matt Kuhn, Parks and Open Space Director
John Spiess, Senior Open Space and Natural Resource Manager
THROUGH: Austin Weiss, Parks and Recreation Director
MEETING: May 26, 2026
SUBJECT: Resolution #074, Series 2026 – Contract for Maroon Creek wetlands
restoration
__________________________________________________________________
INTENDED OUTCOME:
By approving Resolution #074, the City will authorize restoration work to be performed
by Stutsman Gerbaz, Inc. to restore areas of the Maroon Creek wetlands that were
damaged by illegal dumping of pond debris from a neighboring parcel. Through swift
response and debris removal, staff aim to minimize risk for vegetation loss, weed
establishment, and flood impacts associated with the change in landscape.
EXECUTIVE SUMMARY:
On Monday May 11th, staff from the Parks and Open Space department noticed that a
piece of heavy equipment was working near the northern property line of the Maroon
Creek wetlands parcel. A Parks and Open Space Ranger visited the site that day, and
staff determined that a significant area within the open space had been impacted by the
dumping of material removed from an adjacent private pond.
Staff recommend that the site be restored to it’s original condition and grade as soon as
possible. In order to do this, the City is pursuing a sole source contract with Stutsman
Gerbaz, Inc. based on their recent experience working within sensitive wetland
environments, as well as being one of the City’s as-needed excavation contractors.
DISCUSSION:
The encroachment into the Maroon Creek wetlands is significant and has resulted in
impacts of at least 11,500 sq. ft. of the City’s property. Staff are in the early stages of
mapping the impacts, and will be developing a restoration plan in the coming days, and
some estimates may show impacts approaching 20,000 sq. ft .
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Staff have been in touch with the property owner, who has been responsive and has
verbally committed to ensuring a successful restoration. Over the coming week(s), staff
will be working with the City Attorney in order to develop the necessary agreements a nd
documents to guarantee reimbursement for this unplanned expense for the City of
Aspen Parks and Open Space Fund.
BASIS FOR VENDOR SELECTION:
Stutsman Gerbaz, Inc, was selected under Sec. 4.12.050. - Miscellaneous exemptions,
where a contract may be awarded for a supply, service or construction item without
competition when the Procurement Officer determines in writing that certain conditions
exist. In this case, the following code section is applicable:
…though there exists more than one (1) responsible source, a competitive process
cannot reasonably be used or, if used, will result in a substantially higher cost to
the City, will otherwise injure the City's financial interests or will substantially
impede the City's administrative functions or the de livery of services to the public
or to provide uniform and economical repair and maintenance.
Stutsman Gerbaz is the only known locally available contractor that has experience
working in areas of significant sensitivity such as the Maroon Creek wetlands. Stutsman
Gerbaz was the contractor who recently completed work for ACES on Hallam Lake, as
well as another large restoration project in the Fryingpan drainage.
Also, in this case the City has an existing as-needed contract with Stutsman Gerbaz, Inc,
and the following provision of the municipal code applies:
In any case where the City has, within the preceding two (2) years, pursuant to an
invitation to bid, awarded a contract for the procurement of any supply, service or
construction on a unit price basis, the Procurement Officer may negotiate with the
successful bidder for the purchase of additional quantities of the supply, units of
service or construction. No such procurement shall be made at a price higher than
the previous award.
FINANCIAL IMPACTS:
The contract with Stutsman Gerbaz for restoration of the Maroon Creek wetlands is
$354,750.00 and is established as a not-to-exceed maximum for the work. Because of
the unforeseen nature of this restoration, Stutsman has agreed to track expenses based
on the City’s as-needed contract and bill the City for actual time and expense.
By approving this contract, the City will create a new capital project and allocate the
contract amount within the fall supplemental process. The City intends to establish
agreements with the property owner for full cost reimbursement, and may seek legal
remedy if necessary.
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ENVIRONMENTAL IMPACTS:
The riparian corridor of Maroon Creek is one of the City’s most important river corridors.
The sensitive river and wetland environment is a major corridor for wildlife, and the City
has documented the open space to be frequently visited by elk, deer, moose, as well as
migratory birds. The incursion into the open space has produced significant
environmental impacts that need to be mitigated as quickly as possible. Restoration of
this area will take several years.
RECOMMENDATIONS:
Staff recommend approval of the contract with Stutsman Gerbaz, Inc, which aligns with
the Council’s goal of resource and infrastructure resilience.
ALTERNATIVES:
Council can direct staff to pursue alternative restoration approaches. Council could also
direct staff to perform a competitive bidding process, which would extend the project
kick-off until 6-8 weeks from the date of this meeting.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A – “Resolution #074, Series 2026”
Attachment B – “Contract with Stutsman Gerbaz, Inc.”
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RESOLUTION #074
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND STUTSMAN GERBAZ, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for,
excavation and restoration services between the City of Aspen and Stutsman
Gerbaz, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for excavation and restoration services between the City of Aspen and Stutsman
Gerbaz, Inc., a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
RESOLVED, APPROVED, AND FINALLY ADOPTED by the City
Council of the City of Aspen on the 26th day of May 2026.
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, May 26, 2026.
Nicole Henning, City Clerk
44
Agreement Professional Services Page 0Updated 8/2025
Maroon Creek Wetlands Restoration
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-193
AGREEMENT made the 19th day of May, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Stutsman-Gerbaz Inc.30376 State Highway 82Snowmass, CO 91654US970-379-0040shay.s@sgearthmoving.co
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date: 05/26/2026
Resolution No.: 2026-074
Exhibit A: Scope of Work and Fee Schedule.
Total:$354,750.00
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1. ScopeofWork. ProfessionalshallperforminacompetentandprofessionalmannertheScopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. ProfessionalshallcommenceWorkimmediatelyuponreceiptofawrittenNoticeto Proceed from the City and complete all phases of the Scope of Work as expeditiously as isconsistent with professional skill and care and the orderly progress of the Work in a timely manner.The parties anticipate that all Work pursuant to this Agreement shall be completed no later than July17, 2026. Upon request of the City, Professional shall submit, for the City's approval, a schedule fortheperformanceofProfessional'sserviceswhichshallbeadjustedasrequiredastheprojectproceeds,and which shall include allowances for periods of time required by the City's project engineer forreview and approval of submissions and for approvals of authorities having jurisdiction over theproject.Thisschedule,whenapprovedbytheCity,shallnot,exceptforreasonablecause,beexceededby the Professional.
3. Payment. Inconsiderationoftheworkperformed,CityshallpayProfessionalonatimeandexpense basis for all work performed. The hourly rates for work performed by Professional shall notexceedthosehourlyratessetforthatExhibitAappendedhereto.Exceptasotherwisemutuallyagreedto by the parties the payments made to Professional shall not initially exceed the amount set forthabove. Professional shall submit, in timely fashion, invoices for work performed. The City shallreviewsuchinvoicesand,iftheyareconsideredincorrectoruntimely,theCityshallreviewthematterwith Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate theProfessional Services component of this Agreement, without specifying the reason therefor, bygivingnotice,inwriting,addressedtotheotherparty,specifyingtheeffectivedateofthetermination.No fees shall be earned after the effective date of the termination. Upon any termination, all finishedor unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports orother material prepared by the Professional pursuant to this Agreement shall become the property ofthe City. Notwithstanding the above, Professional shall not be relieved of any liability to the City fordamages sustained by the City by virtue of any breach of this Agreement by the Professional, andthe City may withhold any payments to the Professional for the purposes of set-off until such timeas the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the partiesthatnothingcontainedinthisagreementshallresultinorbeconstruedasestablishinganemployment
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.City is interested only in the results obtained under this contract. The manner and means ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, onaccount of injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death, property loss or damage, or any other loss of any kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwholeor in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,professional error, mistake, negligence, or other fault of the Professional, any subcontractor of theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional agrees to investigate, handle, respond to, and to provide defense for and defend against,any such liability, claims or demands at the sole expense of the Professional, or at the option of theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and other obligationsassumed by the Professional pursuant to Section 8 above. Such insurance shall be in additionto any other insurance requirements imposed by this contract or by law. The Professionalshall not be relieved of any liability, claims, demands, or other obligations assumed pursuantto Section 8 above by reason of its failure to procure or maintain insurance, or by reason ofits failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages shall be procured and maintained with forms and insurance acceptable to the City.All coverages shall be continuously maintained to cover all liability, claims, demands, and
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other obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph.
(ii)Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.
(iii)Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract.
(c) The policy or policies required above shall be endorsed to include the City and the City'sofficers and employees as additional insureds. Every policy required above shall be primaryinsurance, and any insurance carried by the City, its officers or employees, or carried by orprovided through any insurance pool of the City, shall be excess and not contributoryinsurance to that provided by Professional. No additional insured endorsement to the policyrequired above shall contain any exclusion for bodily injury or property damage arising fromcompleted operations. The Professional shall be solely responsible for any deductible lossesunder any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. The
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certificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive orintend to waive by any provision of this contract, the monetary limitations (presently$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, andprotections provided by the Colorado Governmental Immunity Act, Section 24-10-101 etseq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or itsemployees.
10. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
12. Notice. Anywrittennoticesascalledforhereinmaybehanddeliveredormailedbycertifiedmail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,or condition to be performed by Professional to which the same may apply and, until completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
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(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal yearare contingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meet itsobligations herein, this Agreement shall be contingent upon the availability of those funds forpayment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,representations or covenants can be modified, changed, terminated or amended, waived,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timetotimeineffect. VenueisagreedtobeexclusivelyinthecourtsofPitkinCounty,Colorado.
19. Electronic Signatures and Electronic Records. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, andall of which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing anelectronic signature, on the grounds that it is an electronic record or electronic signature or that itis not in its original form or is not an original.
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20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure tothe benefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City nor theProfessional shall have the right to assign, transfer or sublet its interest or obligations hereunderwithout the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to conferupon or grant to any third party or parties, except to parties to whom Professional or City mayassign this Agreement in accordance with the specific written permission, any right to claimdamages or to bring any suit, action or other proceeding against either the City or Professionalbecause of any breach hereof or because of any of the terms, covenants, agreements or conditionsherein contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of theprovisions of this Agreement, the prevailing party shall be entitled to its costs and reasonableattorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through themutual efforts of the parties hereto and the parties agree that no construction shall be made orpresumption shall arise for or against either party based on any alleged unequal status of the partiesin the negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presentlydebarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fromparticipation in any transaction with a Federal or State department or agency. It further certifiesthat prior to submitting its Bid that it did include this clause without modification in all lower tiertransactions, solicitations, proposals, contracts and subcontracts. In the event that Professional orany lower tier participant was unable to certify to the statement, an explanation was attached tothe Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documentsshall constitute the contract between the parties and supersedes or incorporates any prior writtenand oral agreements of the parties. In addition, Professional understands that no City official oremployee, other than the Mayor and City Council acting as a body at a council meeting, hasauthority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City.Any such Agreement or modification to this Agreement must be in writing and be executed by theparties hereto.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm is defined in Colorado law, including but not limited to websites, applications, software,videos, and electronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with the
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Services hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
28. Authorized Representative. The undersigned representative of Professional, as aninducement to the City to execute this Agreement, represents that he/she is an authorizedrepresentative of Professional for the purposes of executing this Agreement and that he/she hasfull and complete authority to enter into this Agreement for the terms and conditions specifiedherein.
29. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement of which shall be deemed an original on the date first writtenabove.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
_____________________________ _______________________________[Signature] [Signature]
By: __________________________ By: ____________________________
Title: _________________________ Title: ___________________________
Date: _________________________ Date: ___________________________
Approved as to form:
_______________________________City Attorney’s Office
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Chief Financial Officer
5/19/2026 | 3:07:15 PM MDT
Adam Fortier
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EXHIBIT A: SCOPE OF WORK AND FEE SCHEDULE
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55148
RESOLUTION NO. 075
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AFFIRMING THE APPOINTMENT AND HIRING OF MATTHEW
BENJAMIN BUTT AS ASSISTANT CITY ATTORNEY.
WHEREAS, pursuant to Section 7.1 of the Charter of the City of Aspen, the City
Council “may provide the city attorney such assistants as council may deem necessary;”
and,
WHEREAS, in the 2023 budget, the City Council of the City of Aspen
authorized the budget necessary to expand the Office of the City Attorney by adding an
additional Assistant City Attorney; and,
WHEREAS, in 2025, Kate Johnson, Assistant City Attorney, was promoted to
the position of City Attorney resulting in the vacancy of an Assistant City Attorney
position; and,
WHEREAS, pursuant to standard hiring procedures utilized by the City of Aspen
and by the City Attorney’s office for hiring assistant city attorneys, the City Attorney’s
Office with the assistance of the Human Resources Department solicited applications for
the position; and,
WHEREAS, notice of the open position was posted with the local bar
association, the state bar association, and the Colorado Municipal League. The first
round of interviews proved unsuccessful in filling the position, and thus the City
Attorney’s Office solicited applications for the position a second time earlier this year.
Over twenty individuals submitted applications for the position. The City Attorney,
Special Counsel, James R. True, and Assistant City Attorney Luisa Berne reviewed all
applications and interviewed numerous candidates. Following the initial interviews, a
panel of staff members who work closely with the City Attorney’s office was assembled
to interview candidates recommended by the City Attorney; and,
WHEREAS, the panel endorsed Matthew Butt to be recommended to the City
Council as a new Assistant City Attorney; and,
WHEREAS, Mr. Butt has lived in the Roaring Fork Valley since 2024 and has
served as an associate municipal attorney with the local law firm of Garfield & Hecht,
P.C. Mr. Butt earned his law degree from Northwestern Pritzker School of Law, and
attended the University of Georgia, where he graduated cum laude with a bachelor’s
degree in economics; and,
WHEREAS, the City Attorney submits that Mr. Butt is a great fit for this position
and will be a valuable resource to the City’s legal team. During the interview process,
Mr. Butt demonstrated intelligence, integrity, a strong sense of ethics, as well as a great
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2
understanding of the complex legal challenges facing the community. Although Mr. Butt
only recently graduated from law school, he has built a strong foundation in municipal
law through his experience representing Western Slope towns as well as resort mountain
towns which will allow him to effectively represent the interests of City Council and the
organization.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
The City Council hereby affirms the appointment and hiring of Matthew Benjamin Butt as
Assistant City Attorney on such terms and conditions as are standard upon the hiring of a
City employee and/or as may be set by the City Attorney.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the
City of Aspen on the 26th day of May, 2026.
______________________________
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
__________________________
Nicole Henning, City Clerk
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MATTHEW BENJAMIN BUTT
1115 Colorado Ave., Carbondale, Colorado 81623 • matthewbbutt@gmail.com • (706) 540-7516
EDUCATION
Northwestern Pritzker School of Law, Chicago, Illinois Bar Admission: Colorado
Juris Doctor, May 2024
Dean’s List: Fall 2022, Spring 2023, Fall 2023
Northwestern Journal of Criminal Law and Criminology, Associate Editor
Student Funded Public Interest Fellowships, Vice President of Book Sales (2022-2023)
The University of Georgia, Athens, Georgia
Bachelor of Arts in Economics, cum laude, May 2020
LEGAL EXPERIENCE
Garfield & Hecht, P.C., Glenwood Springs, Colorado
Municipal Attorney, September 2024-Present
Drafted a wide range of legal and policy documents, including ordinances, resolutions,
contracts, pleadings, motions, briefs, and internal memoranda.
Conducted comprehensive legal research on federal and state case law, statutory frameworks,
TABOR, and regulatory developments, with a focus on issues impacting home rule
municipalities and informing policy and litigation strategy.
Analyzed and applied municipal, state, and federal statutes to advise on policymaking
decisions and support court filings in active matters.
Managed time-sensitive projects subject to statutory and municipal packet deadlines,
ensuring accurate and timely submission of legal materials.
Patterson Law Firm, Chicago, Illinois
Summer Law Clerk, June 2023-August 2023
Conducted legal research on substantive and procedural issues, supporting case strategy and
motion practice.
Performed targeted research on complex procedural questions, including jurisdiction,
pleading standards, and motion requirements.
Drafted legal memoranda and court filings, including motions and supporting briefs, for use
in active litigation.
Northwestern Pritzker School of Law, Chicago, Illinois
Research Assistant to Professor Emerson Tiller, June 2023-August 2023
Research into various state Name, Image and Likeness statutes for collegiate athletes
OTHER EXPERIENCE
Target, Athens, Georgia
General Merchandising Associate, November 2020-May 2021
Stocked, maintained, and ensured correct pricing of floor merchandise as the team
member responsible for the bedding section
Worked under recurring time pressures to fulfill online pickup orders
INTERESTS
Hiking, Skiing, Economics, and Nature Documentaries
58
STAFF REPORT
TO: Mayor and City Council
FROM: Katharine Johnson, City Attorney
MEETING DATE: May 26, 2026
RE: Resolution #075 Series of 2026: Appointment of Matthew Butt
as Assistant City Attorney.
______________________________________________________________________
INTENDED OUTCOME: Approval of Resolution #075, Series of 2026 affirming the
appointment of Matthew Benjamine Butt as an Assistant City Attorney will ensure that the
City Attorney’s Office is fully staffed and can continue to meet the legal needs of City
Council and the organization.
EXECUTIVE SUMMARY:
Pursuant to Section 7.1 of the Aspen Municipal Charter, City Council may provide the
City Attorney with such assistants as Council may deem necessary.
In 2023 Council approved an additional FTE for the expansion of the City Attorney’s
Office staff to include two assistants to the City Attorney.
Following the resignation of James R. True as City Attorney, and the appointment of
Katharine Johnson as City Attorney, there was an open position for an assistant city
attorney in the City Attorney’s Office. The City Attorney’s Office began its search to fill
the position last fall. Notice of the open position and solicitation for applications was
posted on the City’s website and with the local bar association, the Colorado Bar
Association, and the Colorado Municipal League. The initial round of recruitment did
not result in a hire, and the position was reposted earlier this year.
Many qualified individuals applied for the position. Selected applicants participated in
interviews with the City Attorney, Special Counsel and Assistant City Attorney, Luis a
Berne. Finalists participated in a panel interview with the City Manager, Deputy City
Manager (Tyler Christoff), Utilities Director, Community Development Director, and
Administrative Services Director. Matthew was endorsed by several panel members for
appointment to the position.
DISCUSSION:
Matthew has lived in the Roaring Fork Valley since 2024 and has served as an
associate municipal attorney with the local law firm of Garfield & Hecht, P.C. Matthew
59
earned his law degree from Northwestern Pritzker School of Law, and attended the
University of Georgia, where he graduated cum laude with a bachelor’s degree in
economics. During the interview process, Matthew demonstrated strong analytical skills,
sound judgment, integrity, and a solid understanding of municipal law. His experience
representing Western Slope and resort communities provides a meaningful foundation
for the work of the City Attorney’s Office. Staff believe he will be an effective advocate
for the City and a valuable addition to the legal team.
References described Matthew as being a quick learner, hard-working, productive,
precise, and responsive to clients’ needs. Matthew’s colleagues find Matthew to be a
pleasure to work with. His previous supervisor reported that he is very interested in
municipal law and committed to working and living in the community.
A conditional offer of employment has been extended to Matthew pursuant to the City’s
standard hiring procedures. This offer is contingent upon City Council confirmation in
accordance with the Charter. Matthew’s resume is provided herewith, and he will be
introduced at the May 26th Council meeting and present to answer Council’s questions.
My team and I are excited about the prospect of Matthew joining the office, and we
believe that he will be a great addition to the organization.
FINANCIAL IMPACTS: Funding for this position is included within the approved budget
for the City Attorney’s Office.
RECOMMENDATIONS: The City Attorney recommends appointment of Matthew Butt as
an Assistant City Attorney.
ATTACHMENTS: Resolution #075, Series of 2026
Resume of Matthew Butt
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1
REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Benedetti, Rose, Doyle and
Guth were present.
PUBLIC COMMENT:
Andrew Sandler – Mr. Sandler said here is here to speak about the cameras at the entrance to town and
the long-term relationship between safety with flock cameras. These are not ordinary traffic cameras.
These cameras keep data on people. They are surveillance cameras. The definition of public safety
changes as well. The constant monitoring causes less openness and engagement. Is this the direction
Aspen wants to go? These cameras suck.
Mayor Richards said someone made it sound like we are discussing these cameras tonight. They actually
discussed them at the work session last night, so the appropriate staff isn’t here tonight to respond, but
we are looking into it.
Meghan Rubey – Ms. Rubey said the West End petition, and she is requesting two West End
representatives to be on the study committee. We appreciate the efforts made so far, but there is an
opportunity to explore additional technologies. They are not using flock but other technologies to use
data for the west end for safety.
Kip Uppen – Mr. Uppen said he echoes Andrews comments and to be cautious of what the data usage is
for. He appreciates it’s on their radar. Once you go to a certain point, you can’t go back.
Russ Godene – Mr. Godene asked them what a flock camera is and how the data is stored.
Mayor Richards said it’s not a Q&A and the police were presenting on this subject last night.
Mr. Godene said the cameras log a lot of different data and he is concerned about this data not being
owned by the Aspen Police Department. Chief Ferber said these are basic license plate readers, but that
is not true. He said he sent an email to the Council Members a couple of weeks ago and no one
responded.
Mayor Richards said she did not believe she received his correspondence and asked him to resend.
Francis Stuckens – Mr. Stuckens said the city council meeting was announced tonight on KDNK. He was
at Marble Distilling last night for a discussion about the environment. He likes the Aspen Journalism and
KDNK connection. Aspen has the highest grossing city market in the nation so they should grant us
sustainable packing.
Mr. Darcy – Mr. Darcy said he is deeply upset about the carshare problem. The new zip car is charging
.69 cents per mile. The idea of paying that on top of the regular charge to drive to Glenwood is a
disaster. He will cancel his membership. With the price of gas, on south Hunter, there are five new stop
signs and there is no need for them for stop and go as there are crosswalks there.
Kevin Coble – Mr. Coble said he is here speaking on the issue of the flock cameras. Each of you spend
some time looking at potential of abuse. Legally the world is trying to catch up to the leaps and bounds
of AI. He cautions us on adopting the technology and the ways this data can be used down the road. He
thinks it’s dangerous around town with how fast people drive. He lives in the downtown core and
people roar by. We also have to do something about the constant leaf blower noise around town.
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REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
COUNCILMEMBER COMMENTS:
Councilor Benedetti congratulated 520 Grill on their opening and said it’s been busy.
Councilor Doyle had lunch there today and it was delicious. He said the Great Salt Lake is at 36% of its
average volume. Lake Powell is 23% full and Lake Mead is at 30%. There will be a release from Flaming
Gorge to support this. Then it will be down to 59% after the release. They are using up the bank
accounts and now raiding the kid’s college fund. This is devastating and closing marinas. This is a serious
glimpse of our future and it’s a drier one.
Mayor Richards said we all need to change our own water habits and we all need to contribute.
CITY MANAGER COMMENTS:
City Manager, Pete Strecker, announced an electronic waste event coming up at the Marolt housing lot.
You can drop off old phones, computers, and televisions. On June 1st, the city is moving to a new
platform called local gov for business licenses, etc. This year we had an inaugural “Commit to
Tomorrow” program for youth ambassadors. We will be showcasing their projects on May 13th. This is a
new city commitment to fund student sustainability projects. Finally, we have a celebration for cultural
vibrancy program. We have a number of stellar youth and adults that we want to celebrate at the
Wheeler on Thursday the 14th. Reserve tickets through the Wheeler website, but they are free.
BOARD REPORTS:
Councilor Doyle had RWAPA where they held five seminars. Reudi is supposed to be at 65% this year.
They had a presentation on preparedness and modeling that estimated for wildfires. We have a lot to do
with wildfire mitigation.
CONSENT CALENDAR:
Mayor Richards said they are going pull each item one at a time.
Resolution #059 and #069, Series of 2026 - EV Charging Station Facilities Installations
Councilor Guth asked if this is necessary and a good idea. This is an amenity to the public and he doesn’t
hear people asking for this. He would rather use this money elsewhere.
Mayor Richards said she would like to move forward with this, especially with the fuel prices we are
seeing.
Councilor Doyle mentioned the cost of gas. He feels like we should also move forward with this. The
move to electrification is imperative.
Councilor Benedetti said the rest of the world is moving toward electric. It’s their obligation as this is the
future.
Councilor Guth said he doesn’t see anywhere this is needed and it’s not our role to subsidize. He doesn’t
think this encourages people to buy electric vehicles. There is an enterprise that we shouldn’t interfere
with.
Mayor Richards said she understands his concerns but sometimes the free market needs a push.
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REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
Councilor Rose said he will support this, but Bill does make a good point on data if these are needed. He
would be curious how many of these charging stations are in use and knowing that would speak
volumes to support this in the future.
Councilor Rose motioned to approve; Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
Resolution #061, Series of 2026 - Stage Three Water Shortage Declaration Recommendation
Councilor Guth said he struggles with financial penalties of this.
Erin Loughlin and Megan Killer approached the dais.
Councilor Guth asked if charging more for water creates more water.
Cole Langford approached the dais.
Ms. Loughlin said our hope with this, there may be some sensitivity to change behavior with the higher
fees for high users.
Councilor Guth said she did not answer his question, so he asked it again and she said no.
Councilor Guth said it’s not effective, and punitive. It doesn’t feel like the right tool for him in Aspen. He
likes everything about this except the increased fees.
Mayor Richards said she agrees with the fines and a business fine should be higher than residential. The
price incentive is important. This is the worst snow and water she has ever seen in her 45 years here.
Councilor Doyle motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
Resolution #064, Series of 2026 – Intergovernmental Agreement for Regional Greenhouse Gas
Inventory
Councilor Guth said he doesn’t understand the reason for it. We did this a few years ago. How does this
change meaningfully in a few years?
Tessa Schreiner, Clare McLaughlin and Ben Anderson approached the dais.
Ms. McLaughlin said the reason why they need this now is because council has approved many policies
over the past few years, so this allows us to evaluate all of these policies at once.
Councilor Guth asked if they are actually collecting air samples here. This is all theoretical.
Ms. McLaughlin said it’s not all theoretical. It’s traffic data, emissions on utility bills, etc.
Councilor Doyle is really looking forward to moving this forward.
Councilor Doyle motioned to approve; Mayor Richards seconded. She said it’s important that this is
working regionally. It starts to become a more unified effort. Aspen has always led the way on these
types of initiatives.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
Resolution #065, Series of 2026 - Smuggler Bridge Design Contract
Councilor Guth said he wants to make sure we have the opportunity to think bigger and maybe there is
a shift in alignment of a road. Don’t just design the same bridge.
Jack Dannenberg approached the dais.
Mr. Dannenberg said this design process will take about nine months, and we will be evaluating
different ways to make improvements.
Councilor Guth said he’s not sure this goes far enough for him. We have one chance at making this
better. What he is talking about adds time to the design process.
Tyler Christoff said he would like them to pass it tonight to make the necessary repairs, and then we can
make a feasibility study for another structure. We could potentially do this at a staff level.
Councilor Rose mentioned the sensitivity of Power Plant Rd. and it needing repairs as well.
Councilor Rose motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Resolution #066, Series of 2026 – Option to Ground Lease for Lumberyard Phase B Funding
Ms. Johnson noted that Kimball is our Gorman contact and she is online.
Rob Schober approached the dais.
Mayor Richards said this does not add or take away from the plan for the land lease. Mr. Schober said
it’s more of a formality and administrative process to allow them to apply for the tax credits.
Councilor Doyle is happy as he can be to see the activity going on at the Lumberyard. He is pleased to
move this forward.
Councilor Rose motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Resolution #067, Series of 2026 - Concrete Repair to Bridge Approach
Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
PUBLIC HEARINGS:
Resolution #051, Series of 2026 – Policy Resolution for Land Use Code Amendments Related to
Electrification – Haley Hart, Sophie Varga, and Ben Anderson
Ms. Varga said it was Council’s direction to form an electrification task force at the Sept 29th work
session.
Ms. Hart went over the potential changes to the code and asked two questions of Council. We can set
another work session for a discussion if need be.
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REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
The first question asked of Council was, “should the city treat existing and new development
differently?”.
The second question asked of Council was, “should the city consider floor area as we draft code
options?”.
Councilor Benedetti said previous construction should be treated differently than new.
Councilor Guth said they have no choice but to treat them differently.
Councilor Doyle said yes and yes to both questions.
Mayor Richards opened and closed public comment.
Councilor Doyle motioned to approve; Councilor Rose seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
ACTION ITEMS:
Board Appointments:
Mayor Richards asked for a motion to approve Diane Wuslich for the Animal Shelter, Victoria Thomas for
the Board of Adjustment, Hunter Galvin to the Local Licensing Authority and Tom Gorman and Maryann
Pitt to the Planning & Zoning Board.
Councilor Doyle motioned to approve; Councilor Rose seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Councilor Guth asked about the ordinance before they reappointment anyone to the Wheeler based on
their conversation last night regarding board & commission term limits.
City Attorney Katharine Johnson said we can get something to you before August when these members
expire.
Ms. Johnson reminded them that they can always choose who to appoint.
Councilor Rose said he doesn’t mind reappointing them, but they should be subject to the term limits.
Councilor Benedetti supports approving them tonight.
Mayor Richards agreed with that because it’s not about them. She asked for a motion.
Councilor Doyle motioned to approve; Councilor Benedetti seconded. Mayor Richards said Councilor
Guth’s initiative is moving forward regardless. Councilor Guth said he will not vote for this although he
has nothing against Ziska or Nina.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
Mayor Richards asked for votes on the Grants Committee.
Councilor Guth said he is for Tracy and Mark.
Councilor Benedetti said Tracy and Jane.
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REGULAR MEETING ASPEN CITY COUNCIL MAY 12, 2026
Councilor Doyle said Tracy and Jane.
Mayor Richards said this is a tough one, but she is for Tracy and Jane.
Councilor Rose said Tracy and Jane are fine for him.
Mayor Richards motioned to approve Jane Pargiter and Tracy Anderson be appointed to the Grants
Committee, Councilor Doyle seconded.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
EXECUTIVE SESSION:
Ms. Johnson introduced the executive session items.
Councilor Doyle motioned; Councilor Rose seconded.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried at 6:48
p.m.
______________________
City Clerk, Nicole Henning
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STAFF REPORT
TO: Mayor and City Council
FROM: Luisa Violet Sondie Berne, Assistant City Attorney
THROUGH: Kate Johnson, City Attorney
MEETING DATE: May 26, 2026.
SUBJECT: Ordinance #10, Series of 2026- Proposed Revisions of Aspen Municipal Code Title
15 to ensure compliance with recent Colorado Supreme Court Rulings Regarding Sentencing
__________________________________________________________________
INTENDED OUTCOME:
Adoption of Ordinance #10, Series of 2026 will ensure that the City of Aspen Municipal Court is
aligned with recent Colorado case law in its sentencing ranges, provide clarity to citizens and
visitors on how municipal crimes are sentenced, and ensure compliance with the ruling in Re
People v. Camp, 024 CO 64.
DISCUSSION:
Why revise Title 15 of Aspen Municipal Code now?
On December 22, 2025, the Colorado Supreme Court issued a ruling in In Re People v.
Camp, 024 CO 64. This case consolidated two municipal court cases from Westminster and
Aurora, both of which are home rule municipalities. The question the Colorado Supreme Court
considered was whether home-rule municipalities may sentence non-felony level offenders in
excess of the state statutory sentencing caps when the offender violates a municipal ordinance
that corresponds to a state offense prohibiting identical conduct. The Colorado Supreme Court
held that when a municipal ordinance and a state statute prohibit identical conduct, the municipal
penalties may not exceed the corresponding state penalties for that conduct. The Court
specifically noted that this does not affect ordinances that prohibit conduct that that does not
have a corresponding state statute.
This Colorado Supreme Court Ruling effects Title 15 of the Aspen Municipal Code
which contains municipal crimes with state equivalent crimes. Currently, pursuant to Municipal
Code Sec. 1.04.080 the maximum penalty for any violation of municipal code is a $2,650.00 fine
and/or one year in jail. Pursuant to C.R.S. 18-1.3-503(1.5) the current maximum penalty for petty
offenses under state law is a maximum of a $300.00 fine/and or ten days in jail. Many city of
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Aspen municipal crimes have corresponding state statutes prohibiting identical conduct, and are
subject to the maximum and minimum punishments applicable to petty offense, which are less
than those penalties currently authorized by the municipal code.
Proposed changes to violations in Title 15 to comply with In re People v. Camp:
The City Attorney’s Office and the Chief of Police reviewed all the crimes in Title 15 and
the corresponding state crimes. This thorough review has precipitated this request for City
Council to approve significant alterations to Title 15. The proposed major change is to ensure
that if a person is convicted in Municipal Court they are not sentenced to a higher penalty than
they would have been in Pitkin County Court and vice versa.
Presently, the City of Aspen Municipal code classifies all crimes under Title 15 as un-
classified misdemeanors. The corresponding state crimes range from petty offenses to felonies. It
is recommended that the City retain in Title 15 all current violations in Title 15 that are either
petty offenses or matters of local jurisdiction without corresponding state crimes.
The reasoning behind this is that the Aspen Municipal Court does not have the resources
to appropriately sentence crimes that are more serious than a petty offense or are of local
importance. Aspen Municipal Court does not have the authority to sentence a person to
probation, or to sentence a person to community service (unless they agree to it). An additional
issue is that many municipal crimes do not show up on criminal background checks performed
by law enforcement. The practical result of this is that a person cited into Aspen Municipal Court
will face significantly less repercussions if convicted than if they were cited into Pitkin County
Court even though the conduct is identical. By removing crimes which are better suited to the
state judiciary system from Title 15, it ensures that defendants face consistent penalties and do
not gain a ‘windfall’ by being cited into Aspen Municipal Court.
For example, Aspen Municipal Code Sec. 15.04.150 prohibits indecent exposure as does
C.R.S. §18-7-302. A person convicted of Indecent Exposure under C.R.S.§ 18-7-302 is
convicted of a Class 1 Misdemeanor, must register as a sex offender, and attend some form of
reoffender treatment. If convicted in Aspen Municipal Court they would either receive a fine or
jail and no requirement to register as a sex offender, no treatment, no probation.
If City Council chooses to adopt this change, Title 15 will be divided into several more
chapters. Chapter 04 of Title 15 will be all crimes that either have a corresponding state statute,
or, due to the conduct at issue, should be sentenced as petty offenses with a maximum fine of
$300.00 and/or a maximum of ten days in jail. Chapter 05 and Chapter 06 of Title 15 will contain
crimes that do not have a corresponding state statute and are deemed matters of local importance.
These crimes will continue to be sentenced under Aspen Municipal Code Section 1.04.080 with a
maximum fine of $2650.00 and/or a maximum of one year in jail.
Part of this recommendation is to remove violations that have been made obsolete by
changes in the law. Municipal Code Sec. 15.04.590 prohibits the sale of furs of any type that are
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harvested by a leg hold trap. In 1996 the State of Colorado amended the State Constitution
adding section 12b of Article XVIII which bans the taking of wildlife by leg hold traps, instant
kill body gripping traps, poison, and snares. This is codified at C.R.S. § 33-6-203. The state
code is far more expansive in the inhumane conduct it prohibits. Thus, it is recommended that
this section of the code be removed to ensure that the Colorado Parks and Wildlife handle
enforcement and prosecution.
Finally, it is important to note that this ruling only affects municipal ordinances that have
corresponding state crimes, thus it does not affect code violations that do not have a state
counterpart such as violations of the Land Use Code.
RECOMMENDATIONS:
Adopt Ordinance 10 of 2026 repealing the existing Title 15 and replacing it with the updated
and revised Title 15.
ALTERNATIVES:
Failing to update Title 15 to include language regarding the sentencing of crimes that have
corresponding state crimes may lead to situations where the sentences imposed by the City’s
Municipal Courts is in violation of the Colorado Supreme Court’s Ruling in In re People v.
Camp. As an alternative, the Council could leave Title 15 as is and add a sentencing section to
address In re People v. Camp that states:
All violations of Municipal Code that have corresponding State Statute that
prohibit the identical conduct shall be sentenced to no more than the maximum
allowed for that crime under state statute.
However, while this may seem like an easier solution, it would lead to serious
complications and not give the public clear notice as to what their potential penalties would be. It
would require the Court and the City Attorney’s Office to continually be double checking which
crimes have corresponding state crimes. Further, it would not solve the issue of crimes that have
significantly more serious consequences under state law than under municipal code from being
charged and prosecuted in municipal court.
FOLLOW UP ON DIRECTION FROM COUNCIL
At first reading Councilor Guth requested that staff investigate if there are any possible
alternative sentencing options to consider that could better address the issues our community
faces beyond simply jail or fines.
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Currently the Municipal Court Judge is unable to sentence a defendant to anything other
than what is outlined in Aspen Municipal Code Title 1.04.080. Nonetheless, frequently, the City
Attorney employs creative sentencing options, such as counseling, when applicable dog training,
and community service as part of a plea deal. This is only an option where a defendant is willing
to engage in these additional services as part of a plea bargain. Probation is not currently an
option because we do not have the staff to facilitate a probation type program. While Council
does have the authority to expand the Court’s sentencing options to include other forms of
punishment such as community service and probation, these programs and other types of
treatment programs will require City resources to create, operate, and manage the program.
A few larger communities have adopted what are generally referred to as ‘problem
solving courts’ to handle high repeat offender groups such as the unhoused population. For
example, the City of Boulder has created a Community Court that brings services directly to the
high utilizer populations. Boulder defines its community courts as ‘specialty courts that use a
combined strategy of holding participants accountable while connecting them to social services
to help address the root causes of crime.’ To read more about what Boulder is doing follow this
link. https://bouldercolorado.gov/services/community-court. In the same genus as a problem
solving court, the 9th Judicial District has a Drug Court which provides wraparound services and
consequences for repeat drug and alcohol offenders. Probation is another powerful tool that can
be used to hold defendants accountable. These types of courts require resources including staff
to manage service providers and serve as case managers to ensure compliance by participants,
and the resources to hold court several times a week. The City of Aspen employs a municipal
judge that holds court on average two days a month, and a part-time clerk. In addition, the City
Attorney’s Office serves as prosecutor and devotes a few hours each week to municipal court
function. Adopting alternative sentencing options would require a commitment by Council to
expand the Courts staff and provide the resources necessary to facilitate the program.
If Council wishes for the City Attorney’s office to research and present what it would
take to adopt a more holistic and rigorous sentencing scheme the City Attorney’s office is happy
to do so. It is recommended that these changes to Title 15 be approved, and that if Council
desires to discuss additional sentencing alternatives, that such discussion be held at a later date.
ATTACHMENTS:
Attachment A – “Current Version of Title 15”
Attachment B – “Proposed Version of Title 15”
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Ordinance 10, Series of 2026
Page 1 of 3
ORDINANCE NO. 10
(SERIES OF 2026)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REPEALING AND REPLACING TITLE 15 TO ENSURE COMPLIANCE WITH A RECENT
COLORADO SUPREME COURT HOLDING REGARDING MUNICIPAL COURT
SENTENCING
WHEREAS, Article XX of the Colorado Constitution grants home-rule municipalities the
authority to regulate issues of local concern, including the power to enact ordinances and enforce
penalties through municipal courts; and
WHEREAS, in reliance on this constitutional authority, the City of Aspen enacted local
ordinances that criminalize some of the same conduct proscribed by state statutes; and
WHEREAS, the City of Aspen has codified a collection of ordinances necessary for the
preservation of peace, protection of its citizens, and the regulation of conduct within the City limits of
the City of Aspen at Chapter 15.04 – Miscellaneous Offenses and Penalties of the Aspen Municipal
Code; and
WHEREAS, individuals charged with a violation of an ordinance codified in Chapter 15.04
are sentenced by the municipal court in accordance with Section 1.04.080 of the City of Aspen
Municipal Code, which allows the Municipal Court to impose a maximum jail sentence of up to one
year and/or fines of up to $2,650; and
WHEREAS, many violations of Chapter 15.04 of the City of Aspen Municipal Code are
subject to the same range of penalties regardless of the severity of the crime; and
WHEREAS, under the existing City of Aspen Municipal Code an individual that engages in
conduct that is prohibited by both the City of Aspen Municipal Code and state law may be subject to
harsher penalties than if the individual had been charged in state court for the same conduct; and
WHEREAS, on December 22, 2025, the Colorado Supreme Court issued a ruling in In re
People v. Camp, Colorado Supreme Court Case No. 24SA276, concerning the preemption of
municipal law when setting maximum sentences for certain non-felony offenses; and
WHEREAS, the Colorado Supreme Court held “that when a municipal ordinance and a state
statute prohibit identical conduct, the municipal penalties for such conduct may not exceed the
corresponding state penalties for that conduct” or in other words, “home-rule municipalities may not
authorize harsher sentences than state law allows for an identical offense”; and
WHEREAS, the Supreme Court’s ruling is a matter of statewide concern and the State of
Colorado and the City of Aspen have an interest in ensuring that the maximum penalties for non-
felony offenses are consistent and uniform across the state; and
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Ordinance 10, Series of 2026
Page 2 of 3
WHEREAS, the proposed amendments to Title 15 ensure that municipal defendants are not
subject to higher maximum sentences than defendants charged under state statutes for the same
conduct, and also ensures that municipal defendants do not gain a ‘wind fall’ by being cited into
municipal court for conduct that would be subject to greater minimum sentences if charged pursuant
to a corresponding state statute; and
WHEREAS, pursuant to the proposed amendments, crimes for which there is a
corresponding state crime, and are classified as petty offenses under the state’s criminal code as well
as certain local crimes that are non-violent and do not involve harm to persons or property will be
classified as “Petty Offenses” in the City of Aspen Municipal Code and be subject to the same
sentencing structure as crimes deemed to be petty offenses under the state’s scheme; and
WHEREAS, pursuant to Colorado Revised Statute Sec. 18-1.3-503(1.5) individuals
convicted of a petty offense are subject to a maximum fine of $300.00 and/or ten days in jail, and
WHEREAS, sentencing for crimes that are of local importance and that do not have
corresponding state crimes will be classified as “Unclassified Misdemeanors” and remain punishable
pursuant to the sentencing provisions codified in Aspen Municipal Code Sec. 1.04.080, which
authorizes a maximum penalty of offense $2,650.00 fine and/or up to one year in jail; and
WHEREAS, the proposed amendment further seek to remove ordinances for conduct that
would be charged as a classified misdemeanor or greater under the state’s criminal code from Title
15 to ensure that persons committing such crimes are subject to the same sentencing requirements
that a state court has the authority to impose, including probation and treatment options which are not
available in the City’s municipal court system; and
WHEREAS, the City of Aspen Chief of Police and the City of Aspen Attorney’s Office
recommend City Council repeal and replace Title 15 of the City of Aspen Municipal Code in
accordance with Exhibit A, attached hereto; and
WHEREAS, City Council has determined that passage of this Ordinance is necessary to and
will promote the health, safety, and welfare of Aspen residents.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1.
Title 15 of the City of Aspen Municipal Code shall be repealed and replaced with the following:
See Attached Exhibit A
Section 2. Scrivener’s Errors.
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.
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Ordinance 10, Series of 2026
Page 3 of 3
Section 3. Effect Upon Existing Litigation.
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 ordinances repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
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.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become
effective thirty (30) days following final passage.
Section 6. Public Hearing
A public hearing on this ordinance shall be held on the 26th day of May, 2026, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 28th day of April, 2026.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved this 26th day of May, 2026.
_______________________________
Rachael Richards, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ______________________________
Nicole Henning, City Clerk Katharine Johnson, City Attorney
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TITLE 15
MUNICIPAL OFFENSES AND PENALTIES
15.01.010. Application of Title
Sec. 15.01.010. APPLICATION OF TITLE.
This Title applies to all land lying and being within the City of Aspen city limits and any
land outside the City limits over which the City has jurisdiction and control.
Sec. 15.01.020. Principals, parties subject to prosecution.
Any person eighteen (18) or over may be charged under this title and can be convicted of a
violation of any municipal ordinance or provision of this Code.
Any person under the age of eighteen (18) may be charged under this title and can be
convicted of a violation of any municipal ordinance. However, the penalties for juvenile
offenders are limited by the provisions of Sections 1.04.080 (c) and (d) of this Code.
Sec. 15.01.030. Liability of corporations.
For the purposes of this Title, corporate liability shall inure for offenses enumerated herein
as follows:
(a) A corporation is guilty of an offense if:
(1) The conduct constituting the offense consists of an omission to discharge a specific
duty of affirmative performance imposed on corporations by law; or
(2) The conduct constituting the offense is engaged in, authorized, solicited, requested,
commanded or knowingly tolerated by the Board of Directors or by a high managerial
agent acting within the scope of his or her employment or in behalf of the corporation.
(b) As used in this Section, agent means any director, officer or employee of a corporation
or any other person who is authorized to act on behalf of the corporation and high
managerial agent means an officer of a corporation or any other agent in a position of
authority with respect to the formulation of corporate policy or the supervision in a
managerial capacity of subordinate employees.
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15.02.010. Definitions
Sec. 15.02.010. DEFINITIONS.
The following terms shall have the meanings hereinafter set forth when used in this Title 15:
Bodily injury means physical pain, illness or any impairment of physical or mental
condition and is to be distinguished from serious bodily injury which involves bodily injury
and which includes substantial risk of death, serious permanent disfigurement or protracted
loss or impairment of the function of any part or organ of the body.
Criminal negligence. A person acts with criminal negligence with respect to a result or to a
circumstance which is defined herein as an offense when he or she fails to perceive a
substantial and unjustifiable risk that the result will occur or that the circumstance exists.
The risk must be of such nature and degree that the failure to perceive it constitutes gross
deviation from the standard of care that a reasonable person would observe in the situation.
A court or jury may consider state statutes or municipal ordinances regulating the
defendant's conduct as bearing upon the question of criminal negligence.
Intentionally. A person acts intentionally with respect to a result or to conduct described
herein defining an offense when his or her conscious object is to cause that result or to
engage in that conduct or when his or her actions are such as to give rise to a substantial
certainty that such results will be provided.
Knowingly. A person acts knowingly with respect to conduct or a circumstance described by
a Section in this Chapter defining an offense when he or she is aware or reasonably should
be aware, that his or her conduct is of that nature or that the circumstance exists.
Public means affecting or likely to affect persons in a place to which the public or a
substantial group has access; among such places are included public streets, malls, alleys,
sidewalks, parks, public buildings, any place of commerce, business or amusement which
said buildings, places of commerce, business or amusement are open to the public.
Recklessly. A person acts recklessly with respect to a result or to a circumstance described
by a Section defining an offense when he or she is aware or reasonably should be aware of
and consciously disregards a substantial and unjustifiable risk that the result will occur or
that the circumstance exists. The risk must be of such nature and degree that disregard
thereof constitutes a willful and wanton deviation from the standard of conduct that a
reasonable person would observe in the situation. A person who creates a risk but is
unaware thereof solely by reason of self-induced intoxication acts recklessly with respect
thereto. Willful and wanton as used in this Subsection means conduct purposefully
committed which the person knew or reasonably should have known, was dangerous to
another's person or property and which he or she performed without regard to the
consequences or the rights and safety of another's person or property.
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15.03.010 Sentencing
Sec.15.03.010 SENTENCING.
(a) Municipal ordinance violations listed in Chapter 04 of Title 15 are deemed to be petty
offenses and shall be sentenced in accordance with Colorado Revised Statute Sec. 18-1.3-
503(1.5). Unless otherwise stated in Colorado Revised Statute Sec. 18-1.3-503(1.5) the
maximum fine shall be up to $300.00 dollars and /or 10 days in jail.
(b) All other violations listed in this Title 15, unless otherwise stated, shall be subject to the
general penalties for violations of the Municipal code as set forth in Municipal Code Sec.
1.04.080.
(c) For the purposes of sentencing all inchoate violations shall be sentenced to the same
sentencing maximum as the underlying offense.
15.04 PETTY OFFENSES
Sec. 15.04.010. False reporting prohibited.
It shall be unlawful to knowingly cause a false alarm of fire or other emergency to be
transmitted to or within an official or volunteer fire department, ambulance service or any
other governmental agency which deals with emergencies involving danger to life or
property.
Sec. 15.04.020. Duty to assist officers.
It shall be the duty of all persons, when called upon by any police officer, member of the
police Department or person duly empowered with police authority, promptly to aid and
assist such officer, member or person in the discharge of his or her duties.
Cross reference(s)—Police, Ch. 19.04.
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Sec. 15.04.030. Duty to report offenses.
It shall be the duty of all persons who witness or have reason to believe that a provision of
this Code is being or has been violated, promptly to report the same to a police officer, a
member of the police department or a person duly empowered with police authority.
Sec. 15.04.040. Urinating in public prohibited.
It shall be unlawful for any person to urinate in any way or place which is public in nature
or any place open to public view.
Sec. 15.04.050. 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.
Cross reference(s)—Alcoholic beverages, Title 5.
Sec. 15.04.060. Obstructing public streets, places and buildings prohibited.
(a) It is unlawful for any person, whether alone or with others, without legal privilege to do
so, to obstruct vehicular or pedestrian movement on any street, alley, sidewalk, mall,
way, place or doorway or entrance into or out of any building which is open to the public.
(b) Obstruction means the interference with or prevention of, convenient or reasonable
passage or use of the public street, alley, sidewalk, mall, way, place or building or
entrance or doorway into or out of any building which is open to the public by any
individual or group of individuals.
(c) For purposes of this Section, the following acts will constitute a violation of this Code:
(1) When one (1) person, whether alone or with others, intentionally causes or creates
an obstruction; or
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(2) When one (1), whether alone or with others, causes, creates or contributes to
causing or creating an obstruction where a reasonable man in the same
circumstances would be aware that he or she was causing, creating or contributing
to causing or creating an obstruction.
Sec. 15.04.070. Defacing posted notices unlawful.
Any person who intentionally mars, destroys or removes any posted notice authorized by
law commits the violation of defacing posted notice.
Sec. 15.04.080. Trespassing prohibited.
It shall be unlawful for any person without legal privilege to enter on or remain upon the
premises of another, to place personal property on the premises of another or to fail or
refuse to remove himself or herself or such property from such premises when requested to
do so by the owner, occupant or person having lawful control thereof.
Sec. 15.04.090. Window-peeping prohibited.
It shall be unlawful for any person to look or peep into any window, door, skylight or other
opening in a house, room or building such as to wrongfully observe the occupants of such
house, room or building.
Sec. 15.04.100. Disorderly conduct prohibited.
(a) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(1) Makes a coarse and obviously offensive utterance, gesture, or display in a public
place and the utterance, gesture, or display tends to incite an immediate breach of the
peace;
(2) Makes unreasonable noise in a public place or near a private residence that he has no
right to occupy; or
(3) Fights with another in a public place except in an amateur or professional contest of
athletic skill.
Sec. 15.04.110. Using false identification prohibited.
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It shall be unlawful for any person to offer, use or attempt to offer or use any means,
manner, type or kind of paper, document, card, license or any other evidence of the
identification of such person for the purpose of making sales or purchase of commodities,
cashing checks, making other monetary transactions, to gain admission to any place or for
any other purpose whatsoever where such means, manner, type or kind of identification
offered or used or which is attempted to be offered or used, is false, fraudulent or incorrect
in any manner or way or which misrepresents said person so offering or using the same or
who attempts to offer or use the same or which does not belong to such person or which is
altered, forged, defaced or changed in any respect, except such changes as are required or
authorized by law.
Sec. 15.04.120. Occupying or sleeping in certain places and in vehicles prohibited.
(a) It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied
barn, garage, shed, shop or other building or structure without owning the same or without
permission of the owner or person entitled to the possession of the same or sleep in any
vacant lot or any public place whatsoever during the hours of darkness.
(b) It is unlawful for any person to occupy any vehicle upon any city street, alley, way or other
public area if the purpose for such occupation is the use of the vehicle as a permanent or
temporary residence.
Sec. 15.04.130. Curfew for Minors.
(a) For the purposes of this Section, the following words are herewith defined as follows:
Minor. A minor is defined as any person who has not attained the age of eighteen (18)
years.
Parent. A parent is defined as any person who is the natural parent of a minor or who has
been given legal custody of a minor or who has the care and control of a minor, either
permanently or temporarily.
(b) It shall be unlawful for any minor to loiter, linger, wander or play on the public streets,
highways, alleys, roads or other public grounds, public places and public buildings, vacant
lots or other unsupervised places within the City between the hours of 11:00 p.m. and 5:00
a.m. the following day. The provisions of this Section do not apply to those minors who are
accompanied by their parents or where the minor is upon legitimate business directed by or
at the request of his or her parents or is under the supervision of an adult person with the
knowledge of his or her parents.
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(c) It shall be unlawful for any parent to permit any minor to loiter, linger, wander or play on
the public streets, highways, roads, alleys or other public grounds, public places and public
buildings, vacant lots or other unsupervised places between the hours of 11:00 p.m. and
5:00 a.m. the following day; provided, however, that the provisions of this Section do not
apply where the minor is accompanied by his or her parent or where the minor is upon
legitimate business directed by or at the request of his or her parent or is under the
supervision of an adult person with the knowledge of his or her parent.
(d) The fact that the minor is upon the streets, highways, alleys or other public places as defined
in this Section, between the hours of 11:00 p.m. and 5:00 a.m. the following day, shall be
prima facie evidence that the parent is guilty of violating this Section.
Sec. 15.04.140. Littering of public or private property prohibited.
(a) Any person who deposits, throws or leaves any litter on any public or private property or in
any waters commits a violation of this Section unless:
(1) Such property is an area designated by law for the disposal of such material and such
person is authorized by the proper public authority to so use such property; or
(2) The litter is placed in a receptacle or container installed on such property for such
purpose; or
(3) Such person is the owner or tenant in lawful possession of such property or has first
obtained written consent of the owner or tenant in lawful possession or unless the act is
done under the personal direction of said owner or tenant.
(b) The term litter, as used in this Section, means all rubbish, waste material, refuse, garbage,
trash, debris or other foreign substances, solid or liquid, of every form, size, kind and
description.
(c) The phrase public or private property, used in this Section, includes, but is not limited to,
the right-of-way of any street or highway; and any body of water, ditch or watercourse,
including frozen areas or the shores thereof, any park, playground or building; any refuge,
conservation or recreation area; and any residential or business property.
(d) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in
violation of this Section, the operator of said motor vehicle is presumed to have caused or
permitted such litter to have been so thrown, deposited, dropped or dumped therefrom.
Sec. 15.04.150. Abandonment of motor vehicles prohibited.
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(a) Any person who abandons any motor vehicle upon a street, highway, right -of-way or any
other public property or upon any private property without the express consent of the owner
or person in lawful charge of such private property commits the violation of abandonment of
a motor vehicle.
(b) To abandon means to leave a thing with the intention not to retain possession of or assert
ownership over it. The intent need not coincide with the act of leaving.
(c) It is prima facie evidence of the necessary intent that:
(1) The motor vehicle has been left for more than seven (7) days unattended and unmoved;
or
(2) License plates or other identifying marks have been removed from the motor vehicle;
or
(3) The motor vehicle has been damaged or is deteriorated so extensively that it has value
only for junk or salvage; or
(4) The owner has been notified by a law enforcement agency to remove the motor vehicle
and it has not been removed within three (3) days after notification.
Sec. 15.04.160. Survey monuments, markers and stakes; removal prohibited.
(a) It shall be unlawful for any person to remove any permanent survey monuments, markers
or stakes established, placed or installed by the City without having first obtained the
approval of the City Engineer.
(b) In the event any person shall find it necessary by reason of practical difficulty in the use of
the land or through the construction or erection of improvements thereon or by reason of a
change, alteration, repair, construction, erection or installation of a public improvement, to
remove and relocate any of the permanent survey monuments, markers or stakes, such
person shall apply to the City Engineer for authority to remove or relocate the survey
monument involved and shall specify in detail the reason therefor. The City Engineer shall
examine such application and shall inspect the location of the monument involved and if
after the examination and inspection the City Engineer shall find that the survey monument
should be removed or relocated, he or she shall grant such person the authority and
permission to remove or relocate such monument and shall specify the manner in which the
survey monument shall be removed or relocated. No permanent survey monument, marker
or stake shall be removed except by a person licensed as a land surveyor under the laws of
the State.
(c) In the event a permanent survey monument, marker or stake in the City is removed as
provided in Subsection (b), the surveyor involved shall file with the City Engineer a plat
showing in detail the new location of the survey monument and shall also file written field
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notes therewith as may be directed by the City Engineer. The City Engineer shall keep a
permanent record of all such plats and field notes filed with him pursuant to this Section and
the record thereof shall be available at all times to the general public.
(d) If any person shall destroy, mutilate, damage or remove any permanent survey monument,
marker or stake in the City, except as provided by this Code, he or she shall be liable to the
City for all costs and expenses incurred by the City in restoring the survey monument to its
original condition and proper location and such costs and expenses may be collected by the
City on proof thereof in a civil court of competent jurisdiction. This remedy shall be in
addition to all other remedies available to the City for a violation of any provision of this
Code.
Sec. 15.04.170. Radio interference prohibited.
(a) It shall be unlawful for any person to operate within the limits of the City, any electrical
device, machine or equipment which needlessly and unnecessarily causes interference with
radio reception, which such interference can be reasonably prevented by means of repair,
adjustments, the installation of corrective appliances or other practicable alterations.
(b) The administration and enforcement of this Section shall be entrusted to and imposed upon
the Chief Building Official whose duty it shall be to investigate complaints of radio
interference by finding a qualified, mutually agreeable third party to test actual site
conditions, locate the source of such interference and advise and make recommendations as
to its elimination. The Chief Building Official is hereby authorized to issue orders for such
repairs, adjustments or alterations to be complied with within a reasonable length of time, as
shall be practicable and reasonably necessary to prevent the continuance of such
interference. The cost of testing shall be borne by the facility/equipment operator for the
first claim made by a claimant, then by the claimant for subsequent claims; however, costs
of testing for all verified cases of interference shall be reimbursed to the claimant by the
operator of the facility/equipment causing said interference.
(c) The Chief Building Official shall, upon presentation of his or her badge or other evidence of
his or her authority, have the right of access to any premises at any reasonable hour for the
purpose of inspecting the installation and operation of any device or equipment coming
within the provisions of this Section.
Sec. 15.04.180. Theft prohibited.
(a) A person commits theft when he or she knowingly obtains, retains, or exercises control
over anything of value of another without authorization or by threat or deception; receives,
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loans money by pawn or pledge on, or disposes of anything of value or belonging to
another that he or she knows or believes to have been stolen, and:
(1) Intends to deprive the other person permanently of the use or benefit of the thing of
value;(b) Knowingly uses, conceals, or abandons the thing of value in such manner as
to deprive the other person permanently of its use or benefit;
(2) Uses, conceals, or abandons the thing of value intending that such use, concealment, or
abandonment will deprive the other person permanently of its use or benefit; (d)
Demands any consideration to which he or she is not legally entitled as a condition of
restoring the thing of value to the other person;
(3) Knowingly retains the thing of value more than seventy-two hours after the agreed-
upon time of return in any lease or hire agreement; or
(4) Intentionally misrepresents or withholds a material fact for determining eligibility for a
public benefit and does so for the purpose of obtaining or retaining public benefits for
which the person is not eligible.
(b) For the purposes of this section, a thing of value is that of “another” if anyone other than
the defendant has a possessory or proprietary interest therein.
(c) For the purposes of this Section, the value of the thing involved shall be less than three
hundred dollars or the current value for a petty offense as listed in C.R.S. 18-04-401.
Sec. 15.04.190. Deceptive use of ski or recreational facilities prohibited.
It shall be unlawful for any person to commit a deceptive use of ski or recreational
facilities. A person commits a deceptive use of ski or recreational facilities when he or she
knowingly obtains or attempts to obtain the use, benefit or enjoyment of any skiing service
or skiing facility or other recreational facility by any false pretense, trick or deceptive
means, method or device whatsoever.
Sec. 15.04.200. Use of a false ski or recreational ticket prohibited.
It shall be unlawful for any person to use a false ski or recreational ticket. A person commits
a use of a false ski or recreational ticket when he or she knowingly possesses, offers, uses,
presents, sells or gives away any false, simulated, bogus, spurious, sham, altered, forged,
counterfeit, defaced or mutilated ticket, token, pass, badge, pin or other device which is not
genuine and which is not authorized for obtaining the use, benefit or enjoyment of any
skiing service or skiing facility or other recreational facility by the owner, proprietor, lessee,
licensee or operator of such skiing service, skiing facility or other recreational facility.
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Sec. 15.04.210. Making a false ski or recreational ticket.
It shall be unlawful for any person to make a false ski or recreational ticket. A person
makes a false ski or recreational ticket when he or she knowingly falsifies, alters, forges,
counterfeits, defaces or mutilates any ticket, pass, badge, pin or other device entitling the
holder thereof to the use, benefit or enjoyment of any skiing service, skiing facility or
other recreational facility or makes or manufactures any simulated, bogus, spurious or
sham ticket, token, pass, badge, pin or other device purporting to entitle the holder
thereof to the use, benefit or enjoyment of any skiing service, skiing facility or other
recreational facility.
15.05 UNCLASSIFIED MISDEMEANORS
Sec. 15.05.010. Deadly Weapons in City Buildings Prohibited.
(a) No person, other than a peace officer, shall carry, bring, or possess a deadly weapon in the
City Council chambers while the Council is in session.
(b) No person, other than a peace officer, shall carry, bring or possess a deadly weapon in any
public building owned by the City and open to the public if the City Manager has posted a
sign to that effect at every public entrance to the building.
(c) "Deadly weapon" as used herein means:
(1) A firearm, whether loaded or unloaded; or
(2) A knife, bludgeon, or any other weapon, device, instrument, material, or substance,
whether animate or inanimate, that, in the manner it is used or intended to be used, is
capable of producing death or serious bodily injury.
(d) Until such time as C.R.S § 18-12-201, et seq., is repealed or amended or until the City
installs such devices and personnel that restricts entry to City Buildings pursuant to C.R.S. §
18-12-214(4), this Section shall not apply to an individual carrying a concealed handgun
and who possesses a concealed carry permit issued pursuant to C.R.S § 18-12-201.
Notwithstanding the possession of a concealed carry permit, this Section shall apply to
anyone who openly carries a dangerous weapon, including a handgun.
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Sec. 15.05.020. Prohibitions on BB, air, pellet, paintball and imitation guns.
(a) It shall be unlawful to deface, alter or modify a BB gun, air gun, pellet gun or paintball gun
from its original state in order to make it appear more like a firearm or deadly weapon. This
includes, but is not limited to, the removal, covering or other modification of the orange
safety caps, tips or coatings placed on BB guns, air guns, pellet guns and paintball guns by
manufacturers, distributors or sales personnel.
(b) It shall be unlawful for any person to fire or discharge a BB gun, air gun, pellet gun or
paintball gun in the City limits.
(1) Exception: Subsection (b) above does not apply to the operation of a BB gun, air gun,
pellet gun or paintball gun on private property when the gun is used in conjunction
with a target that is protected by an appropriate barrier which prevents damage to
persons or neighboring property.
(2) Exception: Subsection (b) above does not apply to any business or special event
licensed by the City which is engaged in the operation of BB gun, air gun, pellet gun or
paintball gun games or events and which is operated in a controlled environment and in
an appropriate zone or approved location.
(c) It shall be unlawful to sell any person under the age of eighteen (18) a BB gun, air gun,
pellet gun or paintball gun in the City limits.
(d) It shall be unlawful to carry or display a BB gun, air gun, pellet gun, paintball gun or
imitation gun in public areas within the City limits except under the following conditions:
(1) The BB gun, air gun, pellet gun or paintball gun shall be unloaded or otherwise
inoperable, and
(2) The BB gun, air gun, pellet gun, paintball gun or imitation gun shall be fully encased
or enclosed so that no part of the gun is exposed to the public, and
(3) The ammunition or compressed gas cylinders that may be used in the operation of the
gun shall be encased or enclosed in a separate compartment, bag or box.
(e) A Police or Community Safety Officer may seize a BB gun, air gun, pellet gun, imitation
gun or paintball gun when reasonable and probable grounds exist to believe that a criminal
offense has been committed with the gun or when the BB gun, air gun, pellet gun, imitation
gun or paintball gun has been used, carried or displayed recklessly or in violation of these
provisions.
(f) For purposes of this Section, the following definitions shall apply:
BB guns, air guns, pellet guns or paintball guns are nonpowder firearms that expel a
metallic or plastic projectile, such as a BB or pellet, through the force of air pressure, CO2
pressure, pump or spring action, regardless of the muzzle velocity or are otherwise
designated as BB guns, air guns, pellet guns or paintball guns by the manufacturer.
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Imitation guns are nonfiring replicas of guns or firearms.
Toy guns, which may also be included in the category of imitation guns, encompass a wide
range of less detailed nonfiring replicas of guns or firearms such as, but not limited to, cap
pistols.
Sec. 15.05.030 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
upon sidewalks and malls. 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.
(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.
Sec. 15.05.040. Permits required for parades, meetings and assemblies.
It shall be unlawful for any person to organize, sponsor or participate in a meeting, assembly
or parade attended by fifty (50) or more persons in or upon any public street, right-of-way or
sidewalk, public park or in any other public way or City-owned or operated place or facility
within the City unless and until a permit to conduct such parade, meeting or assembly has
been applied for and obtained, as set forth at either Section 14.20.020, 14.20.040 or
14.20.050 of this Code and unless such event is conducted in accordance with the terms set
forth in such permit.
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Sec. 15.05.050. Interference with public process prohibited.
(a) No person shall willfully refuse or fail to leave any public building owned, operated or
controlled by the State, County or City upon being requested to do so by an officer charged
with maintaining order in such building, if such person has committed, is committing,
threatens to commit or incites others to commit, any act which did or would if completed,
disrupt, impair, interfere with or obstruct the lawful missions, process, procedures or
functions being carried on in such public building.
(b) No person shall, at any meeting or session conducted by any judicial, legislative or
administrative body or official at or in, any public building, willfully impede, disrupt or
hinder the normal proceedings of such meeting or session by any act of intrusion into the
chambers or other areas designated for the use of the body or official conducting such
meeting or session or by any act designed to intimidate, coerce or hinder any member of
such body or official engaged in the performance of duties at such meeting or session.
Sec. 15.05.060. Abandoned iceboxes and refrigerators regulated.
It shall be unlawful for any person to leave or permit to remain outside of any dwelling,
building or other structure or within any unoccupied or abandoned building, structure or
dwelling under his or her control, in a place accessible to children, any abandoned,
unattended or discarded icebox, refrigerator or other container which has a door or lid,
snaplock or other locking device which may not be released from the inside, without first
removing such door or lid, snaplock or other locking device.
Sec. 15.05.070. Painting or decorating public buildings prohibited.
It shall be unlawful for any person to paint or decorate any building, fence or other structure
or property owned, leased or used by the City without the written permission of the
department head responsible for such building, fence or other structure or property.
Sec. 15.05.080. Keeping of junk prohibited.
(a) It shall be unlawful to keep, store or provide for the collection of junk within the City and
that the keeping, storage or collection of junk within the City is hereby declared to be a
nuisance and is detrimental to the health, safety, convenience and general welfare of the
citizens thereof.
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(b) Junk is hereby defined to be any old, used or secondhand materials of any kind, including,
without limitation, cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, tires, brass,
copper or other metal, furniture, refrigerators, freezers, all other appliances, the parts of
used motor vehicles, machines, apparatuses and contrivances and parts thereof, which are
no longer in use, any used building material, boards or other lumber, cement blocks, bricks
or brick bats or other secondhand building material or any discarded machinery, tractors,
trucks or automobiles or any other article or thing commonly known and classified as junk.
(c) The keeping, storage or collection of junk shall not be deemed unlawful or a nuisance when
and if same is kept, stored or collected in completely enclosed buildings and this Section
shall not apply to any premises where a licensed motor vehicle dealer or a farm implement
dealer conducts his, her or their business.
(d) Each act or omission in violation of one (1) or more than one (1) of the provisions hereof
shall be deemed a separate violation of such provision and for each calendar day during
which any violation continues, a separate violation shall be deemed to have been
committed.
Sec. 15.05.090. Vending on public parks and rights-of-way prohibited.
(a) Vending agreements.
(1) No person shall use or occupy any street, alley, mall, golf course, park or parkway
(whether in or on a vehicle, structure, building or otherwise) for the storage, display or
sale of goods or services, wares or merchandise, to solicit the sale of a service or to
place or permit portable display signs on any street, alley, mall, golf course, park or
parkway within the City; provided, however, that the prohibition of this Section shall
not apply to any person who has entered into a vending agreement with the City to
provide any such vending services and paid a processing fee equal to the special event
fee for minor events set forth at Title 2 of this Code. The City Manager or her designee
shall be authorized to execute and approve said vending agreements on behalf of the
City after considering:
a. The public need for such services;
b. The availability of existing services;
c. The availability of nonpublic property upon which to conduct the requested
activity;
d. The costs of policing and administering the proposed vending service;
e. The revenues which can be reasonably expected to accrue to the City by virtue of
the vending services proposed; and
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f. Whether the vendor applying for such vending agreement will best serve the
public interest.
(2) Any applicant aggrieved of a decision by the City Manager concerning the denial or
terms of a vending agreement may seek an appeal of same to the City Council. All
appeals must be submitted in writing to the City Manager within ten (10) days of the
decision appealed from and set forth the grounds for the appeal. The City Manager
shall promptly add the appeal to the next reasonably available regular City Council
meeting agenda. City Council shall conduct a hearing on the appeal at which time the
applicant shall be heard and a decision rendered. Such decision need not be reduced to
writing.
(b) Vending agreements for farmers' markets. Farmers' markets are permitted in any downtown
street in the Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC) or
Service/Commercial/Industrial (S/C/I) Zone Districts provided a vending Agreement is
approved by the City Council. Streets that form the border between the Commercial Core
(CC) and Office (O) zone districts or the Commercial (C-1) and Office (O) Zone Districts,
such as South Monarch and South Spring, respectively, shall be eligible for consideration.
Streets alongside any area zoned Public (PUB) or Park (P) but within the traditional
downtown, such as South Monarch between Durant and Hyman, shall also be eligible for
consideration.
(1) Minimum requirements. The Community Development Director shall promulgate rules
and regulations for the establishment and operation of farmers' markets. The City
Council shall incorporate such rules and regulations which it deems appropriate in
vending agreements.
(2) Procedure. Pursuant to Section 26.304.030, the applicant shall conduct a pre-
application conference with staff of the Community Development Department. As a
result of the conference, the planner shall prepare a pre-application summary providing
the appropriate application packet including the submission requirements and any other
pertinent land use material, enumerate the fees associated with the reviews and explain
the review process in general.
After the pre-application conference summary is received by the applicant, said
applicant shall prepare an application for review and approval by staff and the City
Council, respectively. In order to proceed with additional reviews or obtain a
development order, the City Council shall, at a public hearing, find the submitted land
use application consistent with the provisions, requirements and standards of this
Section. Notice of the public hearing shall be in accordance with the requirements of
Section 26.304.060(e)(3)a., as well as any other form(s) of notice required by the
Community Development Director. City Council may approve, approve with
conditions or deny any application for a farmers' market by resolution. An ordinance is
not required and the signed resolution shall serve as the vending agreement.
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(3) Application. An application for approval of new or modified farmers' markets shall
comply with the submittal requirements applicable to conditional use reviews pursuant
to Chapter 26.304, Common Development Review Procedures and Chapter 26.425,
Conditional Uses, of this Code. Also, farmers' market vending agreement applications
shall contain any other additional information identified in the pre-application
conference summary.
(4) Applicant. Applications for or from individual vendors will not be accepted.
Applications for vending agreements for farmers' markets must be submitted on behalf
of an organization encompassing all vendors that would participate in the particular
market. The organization will need to select one (1) or two (2) persons to represent the
market in dealings with the City. The applicant/organization will be responsible for
governance of the market and maintaining compliance with the rules and regulations
contained in this Section and in any conditions assigned to the approval of a vending
agreement.
Sec. 15.05.100. Vendors not to obstruct public ways.
It shall be unlawful for any person engaged in the sale of newspapers, magazines or other
goods or merchandise, to make any unnecessary sound or noise, to obstruct any sidewalk or
other place of a public nature or to disturb or impede other persons.
Sec. 15.05.110 Injury to public and private property prohibited.
It shall be unlawful for any person to intentionally or knowingly to injure, deface, mutilate,
remove, pull down, break or in any way interfere with or molest or secrete any trees, real or
personal property belonging to or under the control of the City or any person within the City.
Sec. 15.05.120. Unlawful to put up unauthorized posters.
It shall be unlawful for any person to post, put up or paste any handbill, poster, placard or
painted or printed matter upon or against any public or private house, store or other building
or structure or upon or against any private or public fence, utility pole or other structure or
upon any public or private real property without the permission of the owner, agent or
occupant of such structure or property; or unless such person is lawfully authorized to make
such posting by the City.
Sec. 15.05.130. Distributing handbills in public places; placement on vehicles.
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(a) No person shall distribute, throw or deposit any commercial or noncommercial handbill in
or upon any vehicle or in any public place, provided, however, that it shall not be unlawful
on any sidewalk, street or other public place within the City for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it. Recipients of such items, however, shall not discard the same
except in conformity with this Chapter.
(b) For purposes of this Section, a commercial handbill is any printed or written matter, sample
or device, circular, leaflet, pamphlet, paper or booklet which advertises for sale any
merchandise, produce, commodity or thing; or which directs attention to any business,
commercial establishment or other activity for the purpose of either directly or indirectly
promoting the interest thereof by sales; or which directs attention to or advertises any
meeting, theatrical performance, exhibition or event for which an admission fee is charged
for the purpose of private gain or profit; or which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement for private
benefit or gain.
(c) A noncommercial handbill is any printed or written matter, sample or device, circular,
leaflet, pamphlet, paper or booklet not included in the aforesaid definitions of a commercial
handbill.
Sec. 15.05.140 Maintaining inoperable vehicles prohibited.
(a) The City Council finds that junked, wrecked, dismantled, inoperable, discarded or
abandoned vehicles in and upon real property within the City is a matter affecting the
health, safety and general welfare of the citizens of Aspen, Colorado, for the following
reasons:
(1) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects
and rodents;
(2) They are a danger to persons, particularly children, because of broken glass, sharp
metal protrusions, insecure mounting on blocks, jacks or supports and because they are
a ready source of fire and explosion;
(3) They encourage pilfering and theft and constitute a blighting influence upon the area in
which they are located thereby causing a loss in property value to surrounding
property;
(4) They constitute a fire hazard in that they block access for fire equipment to adjacent
buildings and structures.
(b) For the purposes of this Section the following definitions shall apply:
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(1) Inoperable means a condition of being junked, wrecked, wholly or partially
dismantled, discarded, abandoned or unable to perform the functions or purpose for
which it was originally constructed.
(2) Vehicle means any automobile, truck, tractor or motorcycle which as originally built
contained an engine, regardless of whether it contains an engine at any other time.
(c) Except as provided in Subsections (d) and (e), it shall be unlawful for any person,
partnership, corporation or their agent, either as owner, lessee, tenant or occupant of any lot
or land within the City to park, store or deposit or permit to be parked, stored or deposited
thereon, an inoperable vehicle unless it is enclosed in a garage or other building.
(d) The provisions of Subsection (c) shall not apply to any person, partnership or corporation or
their agent with one (1) vehicle inoperable for a period of thirty (30) consecutive days.
(e) The provisions of Subsection (c) shall not apply to any person, firm or corporation or their
agent who is conducting a business enterprise in compliance with existing zoning
regulations or who places such vehicles behind screening of sufficient size, strength and
density to screen vehicles from the view of the public using the streets and sidewalks and to
prohibit ready access to such vehicles by children; provided, however, that nothing in this
Section shall authorize the maintenance of a public nuisance.
(f) Existence of any of the following conditions shall raise the presumption that a vehicle is
inoperable:
(1) Absence of an effective registration plate or safety inspection sticker upon such
vehicle;
(2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;
(3) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of
the vehicle upon the streets and highways.
(g) Whenever an informal complaint is made to the Police Chief or to any other appropriate
City Official or member of the City Council regarding an alleged violation of Section
15.04.410 or whenever any police officer or sanitation officer of the City observes an
apparent violation of Section 15.04.410, a Police Officer or Sanitation Officer shall, within
seven (7) days thereafter, cause a written notice to be served upon the person in possession
or the owner of the real property upon which such inoperable vehicle is located. Such notice
shall inform such person of the violation and direct that he or she take action within seven
(7) days after receipt of such notice to comply with Section 15.04.410 or that prosecution
will be commenced for violation thereof. If compliance is not made as directed, prosecution
proceedings against the responsible person or persons shall be commenced.
Sec. 15.05.150. Unlawful to throw stones, snowballs or discharge guns and other missiles.
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It shall be unlawful for any person to throw any stone, snowball or other missile or
discharge any bow, blowgun, slingshot, gun, catapult or other device upon or at any vehicle,
building or other public or private property or upon or at any person or in any public way or
place which is public in nature.
15.06 INCHOATE CRIMES
Sec. 15.06.010. Acting as accessory before or after the fact prohibited.
(a) It shall be unlawful for any person to act as an accessory before the fact in the commission
of any act which is a violation of a provision of this Code; and such person shall be deemed
and considered as a principal offender when charges are brought for such violation.
(b) An accessory before the fact shall mean a person who stands by and aids, abets or assists or,
who not being present, had advised or encouraged the perpetration of any such violation.
(c) It shall be unlawful for any person to act as an accessory after the fact in the commission of
any act which is a violation of a provision of this Code.
(d) An accessory after the fact shall mean a person who, after gaining knowledge that a
violation of this Code has been committed, conceals such knowledge from any court or any
law enforcement official or harbors or protects a person charged with or convicted of a
violation of a provision of this Code.
Sec. 15.06.020. Criminal attempt.
(a) A person commits criminal attempt if, acting with the kind of culpability otherwise
required for commission of an offense, he or she intentionally engages in conduct
constituting a substantial step toward commission of the offense. A substantial step is any
conduct, whether act, omission or possession, which is strongly corroborative of the
firmness of the actor's intent to complete the commission of the offense. Factual or legal
impossibility of committing the offense is not a defense if the offense could have been
committed had the attendant circumstances been as the actor believed them to be, nor is it a
defense that the crime attempted was actually perpetrated by the accused.
(b) A person who engages in conduct intending to aid another to commit an offense commits
criminal attempt if the conduct would establish his or her complicity under Section
15.08.020(a) were the offense committed by the other person, even if the other is not guilty
of committing or attempting the offense.
(c) It is an affirmative defense to a charge under this Section that the defendant abandoned his
or her effort to commit the crime or otherwise prevented its commission, under
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circumstances manifesting the complete and voluntary renunciation of his or her criminal
intent.
Sec. 15.06.030. Conspiring to violate provisions of this Code prohibited.
It shall be unlawful for any person or persons to conspire with any other person or persons
to commit any act which is a violation of a provision of this Code. Conspiracy requires that
the parties take an act in furtherance of the underlying offense. An act in furtherance of a
conspiracy is any action, legal or illegal, taken by a conspirator to advance the goals of an
illegal agreement, moving it beyond mere talk to active participation. It is a required
element in federal and many state conspiracy cases, establishing that the plan is operational,
though the act itself need not be the final crime.
15.07 DISCRIMINATORY PRACTICES PROHIBITED
Sec. 15.07.010. Discriminatory practices prohibited.
(a) Definitions.
Discrimination or to discriminate means, without limitation, any act because of race, creed,
color, sex, affectional or sexual orientation, gender identity, gender expression, genetic
characteristics, marital status, religion, religious expression national origin, ancestry,
pregnancy, parenthood, custody of a minor child, mental or physical disability, source of
income, or immigration status, age, family responsibility or political affiliation of such
individual or such individual's friends or associates, results in the unequal treatment or
separation of any person or denies, prevents, limits or otherwise adversely affects, the
benefit or enjoyment by any person of employment, ownership or occupancy of real
property or public services or accommodations unless otherwise required by law. Such
discrimination is unlawful and is a violation of this Section, provided, however, that the
physical condition of an existing building or structure shall not, of itself, constitute
discrimination.
Gender identity means a person's various individual attributes, actual or perceived, that may
be the same or different from their sex assigned at birth. An innate sense of one's concept of
self as male, female, a blend of both or neither.
Gender expression refers to the way a person communicates gender identity through
external appearance, characteristics or behaviors.
Household means all individuals who will be occupying a unit regardless of legal or marital
status, including a married couple, whether both will be living in the unit or not.
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Housing means any building, structure, vacant land or part thereof during the period it is
advertised, listed or offered for sale, lease, rent or transfer of ownership and during the
period while it is being sold, leased or rented.
Person means any individual, firm, partnership, corporation, association organization,
unincorporated organization, labor union, government agency, incorporated society,
statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator,
liquidator, trustee in bankruptcy, committee, assignee, officer, employee, principal or agent,
legal or personal representative, real estate broker or salesman or any agent or
representative of any of the foregoing.
Public services or accommodations means any place of business engaged in any sales to the
public and any place or business offering services, facilities, privileges, advantages or
accommodations to the public.
Religious expression means any external manifestation of a person's religious beliefs,
including but not limited to attending worship services, praying, wearing religious garb,
symbols, head coverings of all kinds, hair including shaving or hair length observances,
displaying religious objects, adhering to certain dietary rules or refraining from certain
activities.
Sex means biological sex, the sum of a person's physical characteristics, the biological
categories of male, female, or intersex, as determined by primary and secondary sex
characteristics, hormones, or chromosomes.
Sexual orientation means an emotional, romantic, physical, spiritual or sexual attraction to
other people.
(b) Discriminatory employment practices prohibited It shall be unlawful for any person who is
an employer or employment agency, directly or indirectly, to discriminate against any
employee with regard to application for employment, hiring, occupational training, tenure,
promotion, compensation, layoff, discharge or any other term or condition of employment
except when based upon a bona fide occupational qualification.
(c) Discriminatory housing practices prohibited It shall be unlawful for any person, directly or
indirectly, to discriminate against or to accord adverse, unlawful or unequal treatment to any
other person with respect to the acquisition, occupancy, use and enjoyment of any housing,
including the sale, transfer, rental or lease thereof.
The provisions of subsection (c) of this section do not apply to prohibit:
(1) Any religious or denominational institution or organization that is operated, supervised
or controlled by a religious or denominational organization from limiting admission or
giving preference to persons of the same religion or denomination or from making such
selection of buyers, lessees or tenants as will promote a bona fide religious or
denominational purpose.
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(2) An owner or lessee from limiting occupancy of a dwelling unit occupied by such
owner or lessee as their residence.
(3) An owner from limiting occupancy of rooms or dwelling units in buildings occupied
by no more than two households living independently of each other if the owner
actually maintains and occupies one (1) of such rooms or dwelling units as their
residence.
(4) An owner or lessor of a housing facility devoted entirely to housing individuals of one
(1) sex from limiting lessees or tenants to persons of that sex, provided that people
shall be allowed to use a housing facility that is consistent with their gender identity.
In housing facilities where undressing in the presence of others occurs, owners or
lessors shall make reasonable accommodations to allow access consistent with an
individual's gender identity.
(5) The transfer, sale, rental, lease or development of housing designed or intended for the
use of the physically or mentally disabled, but this exclusion does not permit
discrimination on any other basis.
(6) Discrimination on the basis of pregnancy, parenthood or custody of a minor child in:
a. Any owner-occupied lot containing four (4) or fewer dwelling units;
b. Any residential building in which the owner or lessor publicly establishes and
implements a policy of renting or selling exclusively to persons fifty-five (55)
years of age or older, but only as long as such policy remains in effect;
c. Any dwelling unit rented, leased or subleased for no more than eighteen (18)
months while the owner or lessee is temporarily absent, when the owner or lessee
leaves a substantial amount of personal possessions on the premises;
d. Any residential building located on real estate whose title was, as of November
17, 1981, encumbered by a restrictive covenant limiting or prohibiting the
residence of minor children on such property, but only so long as such covenant
remains in effect; and
e. Up to one-third (⅓) of the buildings in a housing complex consisting of three (3)
or more buildings; for purposes of this subparagraph, housing complex means a
group of buildings each containing five (5) or more units on a contiguous parcel
of land owned by the same person or persons.
(d) Discriminatory public services and accommodation practices prohibited It shall be
unlawful for a person engaged in providing services or accommodations to the public to,
directly or indirectly, discriminate against any other person by refusing to allow the full and
equal use and enjoyment of the goods, services, facilities, privileges, advantages, including
accommodations and the terms and conditions under which the same are made available or
to provide adverse, unlawful or unequal treatment to any person in connection therewith.
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(e) Enforcement.
(1) The City Attorney shall enforce all provisions of this Chapter.
(2) Notwithstanding any other provisions of Subsection (e)(1), any person residing in the
City of Aspen claiming to be aggrieved by an unlawful discriminatory act shall have a
cause of action in any court of competent jurisdiction for compensatory damages and
such other remedies as may be appropriate, including specifically the issuing of
restraining orders and such temporary or permanent injunctions as are necessary to
obtain complete compliance with this Section. In the event any person residing within
the City shall bring a civil action for injunction or to otherwise enforce this Chapter
and such person shall prevail in such action, then th.ey shall be awarded a reasonable
attorney's fee and costs of the action to be paid by the defendant.
(3) Any person residing in the City may bring a civil action authorized pursuant to
Subsection (e)(2), above; provided such person first files with the City Attorney a
written request for the City Attorney to commence action. The request shall include a
statement of grounds for believing a cause for action exists. The City Attorney shall
respond within fourteen (14) days after receipt of the request indicating whether they
intend to file a civil action. If the City Attorney indicates in the affirmative and files
suit within thirty (30) days thereafter, no other action may be brought unless the action
brought by the City Attorney is dismissed without prejudice.
(f) Penalties and civil liability. Any person who violates the provisions of Subsections (b)
through (d) hereof shall be deemed guilty of an offense and upon conviction thereof shall be
punished by a fine not exceeding the maximum amount allowed pursuant to Section
1.04.080 - General penalty for violations of Code; or imprisonment of not more than one-
year or both such fine and imprisonment, at the discretion of the court.
Whenever it appears that the holder of a permit, license, franchise, benefit or advantage,
issued by the City is in violation of this Section, notwithstanding any other action it may
take or may have taken under the authority of the provisions of this Section, the City may
take such action regarding the temporary or permanent suspension of the violator's City
business license, permit, franchise, benefit or advantage as it considers appropriate based on
the facts disclosed to it. In the event that such business license, permit, franchise, benefit or
advantage is suspended, the aggrieved party may appeal such action to Aspen City Council.
(g) Elements of proof. Proof of the characteristics of the victim, while admissible to prove
intent, and to determine reasonable accommodation for disabilities, shall not otherwise be
required as an element of proof in and of itself. The essential elements of proof shall be of
discriminatory intent or disparate treatment or disparate impact and a nexus between such
intent, or disparate treatment or disparate impact and an action or refusal or failure to act
identified in this chapter.
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(h) Applicability of chapter. The requirements of this chapter supplement those imposed by the
laws and regulations of the State of Colorado. If there is a conflict between such
requirements, those which provide more protection for protected individuals shall control.
(i) Statute of limitations. The statute of limitations within which a prosecution must be
instituted for a violation of this Section 15.04.570 shall be tolled for one (1) year from the
date the violation is discovered.
15.08 NUISANCE
Sec. 15.08.010 Prohibition against nuisances; right-of-entry to investigate.
(a) A public nuisance is a substance, act, occupation, condition or use of property which is of
such nature and shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the
public;
(2) In any way render the public insecure in life or in the use of property;
(3) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render
dangerous for passage any street, alley, highway or other public way.
(b) In all cases where no provision is made defining what are nuisances and how the same may
be removed, abated or prevented, in addition to what may be declared such herein, those
offenses which are known to the common law of the land and statutes of Colorado as
nuisances may, in case the same exist within the City, be treated as such and proceeded
against as in this Chapter provided or in accordance with any other provision of law.
(c) Any person in the City who is responsible for any nuisance as provided in this Chapter and
who shall fail to abate the same after the giving of adequate notice shall be in violation of
this Chapter and subject to the penalties herein provided.
(d) Where a nuisance exists upon private property and is the outgrowth of the usual, natural or
necessary use of the property, the owner or owners thereof or his or their agents, are hereby
declared the authors thereof; but where any such nuisance shall arise from the unusual use
to which any such property may be put or from any business thereon conducted, the
occupant or occupants shall also be deemed the author or authors thereof; and any person
who shall by himself or herself or an agent cause or create the same shall be deemed the
author of such nuisance.
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(e) Complaints of nuisances may be made to the City Manager, City Sanitarian, Building
Inspector, Fire Marshal, Chief of Police or any other City official. Whenever possible any
complaint shall state the nature of such nuisance, the location including street address, name
of the owner, agent or occupant of the building or lot, if known and the name and address of
the complainant.
(f) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter
or whenever an authorized representative of the City shall have reasonable cause to believe
that there exists in any building or upon any premises any condition which constitutes a
nuisance hereunder, the City Manager, Building Inspector, Fire Marshal, City Sanitarian or
Police Officer may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed on any of them. Provided that if such building or
premises be occupied, such person shall first present proper credentials and demand entry;
and if such building or premises be unoccupied, he or she shall first make a reasonable
effort to locate the owner and/or occupant or other person or persons having charge or
control of the building or premises and upon locating said owner, occupant or other person
or persons, shall present proper credentials and demand entry. If entry is refused, such
person shall give the owner and/or occupant or if said owner and/or occupant cannot be
located after a reasonable effort, he or she shall leave at the building or premises a twenty-
four-hours' written notice of intention to inspect. The notice given to the owner and/or
occupant or left on the premises, as aforesaid, shall state that the property owner has the
right to refuse entry and that in the event such entry is refused, inspection may be made only
upon issuance of a search warrant by a Municipal Judge of the City or Judge of any other
court having jurisdiction.
(g) After the expiration of said twenty-four-hour period from the giving or leaving of notice, the
City Manager, Building Inspector, Fire Marshal, City Sanitarian, Policeman or any of them
or their authorized representative, may appear before the Judge of the City Municipal Court
and upon a showing of probable cause shall obtain a search warrant entitling him to enter
said building or upon such premises. Upon presentation of said search warrant and proper
credentials or possession of the same in the case of an unoccupied building or premises, said
person may enter into said building or upon said premises using such reasonable force as
may be necessary to gain entry.
(h) For the purposes of the above Subsection, a determination of probable cause' will be based
upon reasonableness and if a valid public interest justifies the intrusion contemplated, then
there is probable cause to issue a search warrant. The person applying for such warrant shall
not be required to demonstrate specific knowledge of the condition of the particular
structure or premises in issue in order to obtain a search warrant. It shall be unlawful for any
owner and/or occupant of said building or premises to resist reasonable force used by any
authorized agent acting pursuant to this Section.
(i) Whenever an emergency situation exists in relation to the enforcement of any of the
provisions of this Chapter, the City Manager, Building Inspector, Fire Marshal, City
Sanitarian or Police Officer or the authorized representative of any of them, upon a
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presentation of proper credentials or identification, in the case of an occupied building or
premises or possession of said credentials in the case of an unoccupied building or premises,
may enter into any building or upon any premises within the jurisdiction of the City. In said
emergency situation such person or his or her authorized representative may use such
reasonable force as may be necessary to gain entry into said building or upon said premises.
(j) For purposes of the above Subsection, an emergency situation shall include, but not be
limited to, any situation where there is imminent danger of loss of life, limb and/or property.
It shall be unlawful for any owner and/or occupant of said building or premises to resist
reasonable force used by the authorized official acting pursuant to this Subsection.
Sec. 15.08.020 Abatement of nuisances.
(a) Each and every nuisance declared or defined b y any ordinance of the City or otherwise is
hereby prohibited and the City Manager or Chief of Police is hereby authorized, in their
discretion, to cause the same to be summarily abated in such manner as they may direct
subject to the limitations herein provided.
(b) Upon authorization of the City Manager or Chief of Police, if any nuisance found to exist
shall cause such imminent danger to the life, limb, property or health as to require
immediate abatement, any such nuisance may be summarily abated by action of the City
Manager, Chief of Police, Police Agent, Building Inspector, Fire Marshal or City Sanitarian.
(c) In the case of any nuisance not requiring summary abatement, it shall be the duty of the City
Manager or Chief of Police to cause notice to be served upon the person responsible for any
nuisance which may be found, requiring said person to abate the same in a reasonable time
and in such reasonable manner as prescribed and such notice may be given or served by any
officer directed or deputized to give or make the same. In causing notice to be served, the
City Manager or Chief of Police may authorize City officials, inspectors or any other
appropriate City employee to issue notice of abatement. The reasonable time for abatement
shall not exceed fourteen (14) days unless it appears from the facts and circumstances that
compliance could not reasonably be made within fourteen (14) days or that a good faith
attempt at compliance is being made. Such notice shall be in writing, signed by the official
issuing the same and shall be personally served upon the person responsible for said
nuisance if said person occupied the premises upon which said nuisance exists, but if not
occupied by said responsible person then by posting the same prominently at some place on
the premises upon which said nuisance exists. If service is by posting as aforesaid, then a
copy of said notice shall also be mailed by certified mail, return receipt requested, to the
owner of such property as shown upon the tax rolls of Pitkin County, Colorado, at the
address of such owner as therein shown.
(d) If, after notification, a nuisance is not voluntarily abated, the following procedures shall
apply:
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(1) Upon notification, if the person so notified shall neglect or refuse to comply with the
requirements of said notice to abate the nuisance within the time specified, such person
shall be guilty of a violation of this Code and the City Manager, Chief of Police and
City Attorney or their authorized agent, may proceed at once, upon the expiration of
the time specified in such notice, to commence appropriate legal action to cause such
nuisance to be abated; provided, that if the owner or person responsible for said
nuisance is unknown or cannot be found, the City Manager may proceed to abate such
nuisance after notice has been posted for the period equal to the time specified to abate
said nuisance. In either case, the expense of such abatement shall be collected from the
person who caused, created, continued or suffered said nuisance to exist.
(2) When any person has responsibility for a nuisance and such nuisance shall exist or be
found and said responsible person fails to abate the same after the giving of such notice
as provided for in this ordinance, within the time limited therein or as extended, then
the City Attorney is authorized to institute proceedings in a court of competent
jurisdiction to obtain a judicial determination that such nuisance exists, to abate such
nuisance, to enjoin the same and for such other and further relief as may seem
necessary or proper, including but not limited to the costs and expenses of abatement.
(3) Upon a judicial determination that a nuisance exists, the Chief of Police may be
authorized to abate said nuisance or cause the same to be abated, employing such
forces and persons as may be necessary to abate the same, including the employees of
the City or by contract or otherwise. All other City officials and employees are hereby
authorized and directed to render such assistance to the Chief of Police as may be
required for the abatement of such nuisance and in connection with the enforcement
thereof.
(4) Any officer or employee of the City who shall be authorized herein to abate any
nuisance specified in this ordinance shall have authority to engage the necessary
assistance and incur the necessary expenses thereof. In any case where a nuisance is to
be abated by the City, it shall be the duty of said authorized person to employ such
assistance and adopt such means as may be necessary to effect abatement of said
nuisance. It shall also be the duty of the City or any of its representatives to proceed in
all abatement cases with due care and without any unnecessary destruction of property.
Sec.15.08.030. Abatement of nuisances; costs of abatement.
(a) The person or persons responsible for any nuisance within the City shall be liable for and
pay and bear all costs and expenses of the abatement of said nuisance, which costs and
expenses may be collected by the City in any action at law, referred for collection by the
City Attorney in his or her discretion or collected in connection with an action to abate a
nuisance or assessed against the property as hereinafter provided.
(b) The notice required by this Chapter shall, in addition to other requirements herein, state that
if the nuisance is not abated within the time stated in the notice, the cost of such abatement
may be assessed as a lien against the property (describing the same) pursuant to the terms of
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this Chapter, referring to this Chapter, together with an additional five percent (5%)
assessment for inspection and incidental costs and an additional ten percent (10%)
assessment for costs of collection and collected in the same manner as real estate taxes
against the property. If the owner of the property is not personally served with a copy of
such notice, then a true copy of such notice shall be mailed by registered or certified mail,
return receipt requested, to the owner of such property as shown upon the tax rolls of Pitkin
County, Colorado, at the address of such owner as therein shown.
(c) If, after the expiration of the period of time provided for in said notice or as extended, costs
or expenses are incurred by or on behalf of the City in the abatement or in connection with
the abatement of the nuisance and said costs are not otherwise collected, then the Director
of Finance may thereafter certify to the City Clerk the legal description of the property upon
which such work was done, together with the name of the owner thereof as shown by the
tax rolls of Pitkin County, Colorado, together with a statement of the work performed, the
date of performance and the costs thereof.
(d) Upon receipt of such a statement from the Director of Finance, the City Clerk shall mail a
notice to the owner of said premises as shown by said tax roll, at the address shown upon
the tax rolls, by first class mail, postage prepaid, notifying such owner that work has been
performed pursuant to this ordinance, stating the date of performance of the work, the
nature of the work and demanding payment of the costs thereof (as certified by the Director
of Finance), together with five percent (5%) assessment for inspection and other incidental
costs in connection therewith. Such notice shall state that if said amount be not paid within
thirty (30) days of mailing the notice, it shall become an assessment on and a lien against
the property of said owner, describing the same and will be certified as an assessment
against such property together with the ten percent (10%) assessment for costs of collection
and the above-mentioned assessments will be collected in the same manner as a real estate
tax upon the property.
(e) If the Clerk shall not received payment within the period of thirty (30) days following the
mailing of such notice, the Clerk shall inform the City Council of such fact and the Council
shall thereupon enact an ordinance assessing the whole cost of such work, including a
charge of five percent (5%) of said whole cost for inspection and other incidental costs in
connection therewith upon the lots and tracts of land upon which the nuisance was abated
and together with a charge of ten percent (10%) of said whole costs for costs of collection.
(f) Following the passage of such ordinance, upon second reading, the Clerk shall certify the
same to the County Treasurer, who shall collect the assessment, including the ten percent
(10%) charge for cost of collection, in the same manner as other taxes collected.
(g) Each such assessment shall be a lien against each lot or tract of land until paid and shall
have priority over other liens except general taxes and prior special assessments.
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Sec. 15.08.040 Abatement of nuisances; remedies cumulative.
(a) No remedy provided herein shall be exclusive, but the same shall be cumulative and the
taking of any action hereunder, including charge or conviction of violation of this Chapter
in the City Municipal Court, shall not preclude or prevent the taking of other action
hereunder to abate or enjoin any nuisance found to exist.
(b) Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other
charge or action and when applicable the abatement provisions of this Chapter shall serve as
and constitute a concurrent remedy over and above any charge or conviction of any
municipal offense or any other provision of law. Any application of this Chapter that is in
the nature of a civil action shall not prevent the commencement or application of any other
charges brought under the municipal ordinances or any other provision of law.
Sec. 15.08.050. Nuisances declared.
The following are hereby declared to be public nuisances within the City and subject to the
provisions of this Code:
(a) A contaminated or impure well or cistern shall be deemed a nuisance when the water
therein is used for human consumption.
(b) Dumping, throwing or placing any rubbish, cans, boxes, debris, grass clippings or other
waste materials on any public place in the City is hereby declared to be a nuisance and
prohibited. Dumping of waste materials in a public dump specifically designated by
order of the City Manager as a dump in compliance with such regulations as the City
Manager may direct, shall not be deemed a violation of this Section.
(c) It shall be unlawful and shall constitute a nuisance for any person to pile, store or allow
to accumulate any rubbish, trash, garbage, weeds or animal feces on any lot or real
estate within the City which could harbor and conceal harmful vermin, rodents or
insects or which are unsafe, unhealthy or unsightly to persons or public.
(d) It shall be unlawful and constitute a nuisance for any person to expose, convey or place
or cause to be exposed, conveyed or placed in any street or public place any substance,
animal or thing to the prejudice of the public health.
(e) It shall be unlawful and shall constitute a public nuisance for any person to maintain
any property or building or any other structure in the City in a condition which is in
violation of the City Building Code or zoning ordinance.
(f) It shall be unlawful and shall constitute a public nuisance for any person to permit or
suffer the accumulation of ice and snow upon any sidewalk, sidewalk area, street, alley
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or public way in such manner as to impede normal vehicular or pedestrian traffic or
emergency access without having obtained prior authorization from the City Manager.
15.09 LOST AND CONFISCATED PROPERTY
Sec. 15.09.010. Found, Confiscated, and Abandoned Property, Procedures for Disposal.
(a) Definitions:
(1) Found Property. Property which has been turned over to an employee or department of
the City and the owner is not immediately known.
(2) Confiscated Property. Property which has been confiscated according to law by a
police officer of the City, or duly authorized City personnel and the owner's possession
of the property is unlawful or the owner's identity and whereabouts are not known and
cannot be reasonably determined by any member of the Police Department or by any
other City employee.
(3) Abandoned Property. Property left unattended in public parks, right-of-way, or other
City-owned property not designated for storage, or any property that remains
unattended within a public area for a period exceeding seventy‑two (72) hours.
(4) This section does not regulate found, confiscated or abandoned pets or other animals or
motor vehicles.
(b) Until such time as an item of lost or confiscated property has been sold or disposed of
according to the provisions of Subsection (d) or reclaimed by the owner or other persons
entitled to the possession of such item, each such item shall be retained in the custody of the
Chief of Police or their designee. All such property shall be kept at facilities of the City
provided for that purpose, and the Chief of Police or their designee, shall keep records
pertaining to the receipt and disposition of all such property. Such records shall be open to
public inspection at all reasonable times.
(c) The Chief of Police or their designee shall cause to be held, at periodic intervals, public
sales at which found, confiscated, or abandoned property shall be offered for sale to a
property auction site or offered up for donation, unless in the judgment of the City Manager
or the City Manager's designee specific property can be used for public purposes. In that
event, the City Manager or the City Manager's designee shall have the authority to claim
and convert that property for public use or for donation to a nonprofit organization. No item
of found, confiscated, or abandoned property shall be offered at any such sale or claimed by
the City Manager or City Manager's designee unless the item has been in the custody of the
Chief of Police or their designee for not less than ninety (90) days. No such item shall be
offered for sale or claimed by the City Manager or City Manager's designee, which is the
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subject of any civil or criminal judicial proceeding involving, directly or indirectly, a
determination of the ownership of such property. If it is determined in any such civil or
criminal judicial proceeding that the individual claiming the ownership or right of
possession of such item is not entitled thereto as against the City, such items shall then be
offered for sale or donation or be available to be claimed by the City Manager or the City
Manager's designee.
(1) Any item of found, confiscated, or abandoned property can be reclaimed by the
owner thereof or by the person entitled to the possession thereof, at any time
prior to the commencement of the public sale, auction, donation, or claiming.
(2) Any item of found, confiscated, or abandoned property which, in the judgment of
the Chief of Police or their designee, will deteriorate substantially if not disposed
of prior to the time when the property could be offered for public sale in
accordance with Subsection (c) above, may be offered for sale, donated or
disposed of. No prior notice of such sale need be given if it would constitute an
unreasonable delay.
(3) If property offered for sale receives no bids, the City may assume ownership of
the item and, at the discretion of the City Manager, retain it for the benefit and
use of the City, donate it to an appropriate entity, or otherwise dispose of it in
accordance with applicable procedures.
(4) The proceeds from regular and special sales shall be delivered to the Director of
Finance. They shall pay from such sale proceeds the expenses of storage,
advertisement and sale. The balance of proceeds from regular sales shall be
placed into the general fund. Proceeds in the special fund required by Subsection
(e) above shall be transferred to the general fund.
(5) Any person who has turned in found property or abandoned property to the
Aspen Police Department, may, if the same is not claimed by its owner, recover
possession of the same prior to any public sale of the property as hereinabove
provided or after ninety ) days of turning the property into the Police
Department, whichever first occurs.
(d) Property left unattended in public parks, right-of-way, or other City-owned property not
designated for such storage or left unattended for over a 72-hour period, shall be deemed
abandoned and may be removed by authorized City personnel, or designee authorized by
the Chief of Police for removal of such items.
(1) The owner or person entitled to possession of the property may reclaim it at any
time prior to its disposal or sale, by providing satisfactory proof of ownership to
the City employee, department, or authorized designee having custody of the
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property. Upon verification of ownership and payment of any applicable storage
or handling fees, the property shall be returned to the owner.
(e) Any found, confiscated or abandoned property held by the Aspen Police Department or
their designee, that remains unclaimed for a period of ninety (90) days shall be deemed
unclaimed property. Upon being deemed unclaimed, the property may be sold, donated, or
otherwise disposed of in accordance with this Chapter, and no claims of ownership will be
accepted after the ninety-day period has expired. The owner or other person having the
right to possession, of any item of lost, confiscated, or abandoned property sold, donated,
or disposed of in accordance or substantially in accordance with the provisions of this
Section shall be barred from asserting any claim against the City or against the proceeds
held by the City, from and after the date of the sale or disposal.
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Aspen, Colorado, Municipal Code
TITLE 15 OFFENSES
Aspen, Colorado, Municipal Code Created: 2025-11-04 14:30:05 [EST]
(Supp. No. 6, Update 3)
Page 1 of 31
TITLE 15
OFFENSES
Chapter 15.04. MISCELLANEOUS OFFENSES AND PENALTIES1, 2 1
Sec. 15.04.010. Application of Chapter.
This Chapter applies to all land lying and being within the City and all other land outside the City limits over
which the City has jurisdiction and control.
(Code 1971, § 13-1; Ord. No. 46-1974, § 1)
Sec. 15.04.020. Principals, parties subject to prosecution.
Any person eighteen (18) or over is chargeable under and can be convicted of, a violation of any Section in
this Chapter, for conduct violating such Section, as well as for violating such Section if, with the intent to promote
or facilitate the commission of the violation, the person aids, abets or advises another in planning or committing
the violation. Any person under the age of eighteen (18) is chargeable under and can be convicted of a violation of
any municipal ordinance or provision of this Code, including but not limited to violations of any Section in this
Chapter; however, the penalties for juvenile offenders are limited by the provisions of Sections 1.04.080 (c) and (d)
of this Code.
(Code 1971, § 13-3; Ord. No. 46-1974, § 1; Ord. No. 18-2013 § 1)
Sec. 15.04.030. Definitions.
The following terms shall have the meanings hereinafter set forth when used in this Chapter:
Bodily injury means physical pain, illness or any impairment of physical or mental condition and is to be
distinguished from serious bodily injury which involves bodily injury and which includes substantial risk of death,
serious permanent disfigurement or protracted loss or impairment of the function of any part or organ of the
body.
Criminal negligence. A person acts with criminal negligence with respect to a result or to a circumstance
which is defined herein as an offense when he or she fails to perceive a substantial and unjustifiable risk that the
result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to
1Editor's note(s)—Ord. No. 46-1974, § 1, repealed former Ch. 13, §§ 13-1—13-42, "Miscellaneous Offenses and
Provisions," and enacted in lieu thereof a new Ch. 13 [Ch. 15.04]. Former Ch. 13 was derived from Code
1962, §§ 5-1-10, 6-1-1—6-1-6, 6-1-8—6-1-11, 6-1-13, 6-1-14, 6-1-16—6-1-18, 6-1-21, 6-1-24—6-1-26, 6-1-28,
6-1-29, 6-1-34—6-1-36, 6-1-40, 6-1-42, 6-1-43, 6-1-45—6-1-47, 6-4-1—6-4-4, 6-6-3, 8-7-1—8-7-5; Ord. No.
21-1966; Ord. No. 22-1966; Ord. No. 24-1966; Ord. No. 32-1966; Ord. No. 17-1969; Ord. No. 35-1969; Ord.
No. 17-1971; Ord. No. 2-1973; and Ord. No. 26-1973.
2 Colorado Criminal Code, C.R.S. § 18-1-101 et seq.
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perceive it constitutes gross deviation from the standard of care that a reasonable person would observe in the
situation. A court or jury may consider state statutes or municipal ordinances regulating the defendant's conduct
as bearing upon the question of criminal negligence.
Intentionally. A person acts intentionally with respect to a result or to conduct described herein defining an
offense when his or her conscious object is to cause that result or to engage in that conduct or when his or her
actions are such as to give rise to a substantial certainty that such results will be provided.
Knowingly. A person acts knowingly with respect to conduct or a circumstance described by a Section in this
Chapter defining an offense when he or she is aware or reasonably should be aware, that his or her conduct is of
that nature or that the circumstance exists.
Public means affecting or likely to affect persons in a place to which the public or a substantial group has
access; among such places are included public streets, malls, alleys, sidewalks, parks, public buildings, any place of
commerce, business or amusement which said buildings, places of commerce, busi ness or amusement are open to
the public.
Recklessly. A person acts recklessly with respect to a result or to a circumstance described by a Section
defining an offense when he or she is aware or reasonably should be aware, of and consciously disregards a
substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such
nature and degree that disregard thereof constitutes a willful and wanton deviation from the standard of conduct
that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely
by reason of self-induced intoxication acts recklessly with respect thereto. Willful and wanton as used in this
Subsection means conduct purposefully committed which the person knew or reasonably should have known, was
dangerous to another's person or property and which he or she performed without regard to the consequences or
the rights and safety of another's person or property.
(Code 1971, § 13-5; Ord. No. 46-1974, § 1)
Sec. 15.04.040. Liability of corporations.
For the purposes of this Chapter, corporate liability shall inure for offenses enumerated herein as follows:
(a) A corporation is guilty of an offense if:
(1) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative
performance imposed on corporations by law; or
(2) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or
knowingly tolerated by the Board of Directors or by a high managerial agent acting within the scope of
his or her employment or in behalf of the corporation.
(b) As used in this Section, agent means any director, officer or employee of a corporation or any other
person who is authorized to act on behalf of the corporation and high managerial agent means an
officer of a corporation or any other agent in a position of auth ority with respect to the formulation of
corporate policy or the supervision in a managerial capacity of subordinate employees.
(Code 1971, § 13-7; Ord. No. 46-1974, § 1)
Sec. 15.04.050. Acting as accessory before or after the fact prohibited.
(a) It shall be unlawful for any person to act as an accessory before the fact in the commission of any act which
is a violation of a provision of this Code; and such person shall be deemed and considered as a principal
offender when charges are brought for such violation.
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(b) An accessory before the fact shall mean a person who stands by and aids, abets or assists or, who not being
present, had advised or encouraged the perpetration of any such violation.
(c) It shall be unlawful for any person to act as an accessory after the fact in the commission of any act which is a
violation of a provision of this Code.
(d) An accessory after the fact shall mean a person who, after gaining knowledge that a violation of this Code
has been committed, conceals such knowledge from any court or any law enforcement official or harbors or
protects a person charged with or convicted of a violation of a provision of this Code.
(Code 1971, § 13-9; Ord. No. 46-1974, § 1)
Sec. 15.04.060. Criminal attempt.
(a) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission
of an offense, he or she intentionally engages in conduct constituting a substantial step toward commission
of the offense. A substantial step is any conduct, whether act, omission or possession, which is strongly
corroborative of the firmness of the actor's intent to complete the commission o f the offense. Factual or
legal impossibility of committing the offense is not a defense if the offense could have been committed had
the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime
attempted was actually perpetrated by the accused.
(b) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if
the conduct would establish his or her complicity under Section 15.04.050(a) were the offense committed by
the other person, even if the other is not guilty of committing or attempting the offense.
(c) It is an affirmative defense to a charge under this Section that the defendant abandoned his or her effort to
commit the crime or otherwise prevented its commission, under circumstances manifesting the complete
and voluntary renunciation of his or her criminal intent.
(Code 1971, § 13-10; Ord. No. 14-1976, § 1)
Sec. 15.04.070. Conspiring to violate provisions of this Code prohibited.
It shall be unlawful for any person or persons to conspire with any other person or persons to commit any
act which is a violation of a provision of this Code.
(Code 1971, § 13-11; Ord. No. 46-1974, § 1)
Sec. 15.04.080. False reporting prohibited.
It shall be unlawful to knowingly cause a false alarm of fire or other emergency to be transmitted to or within
an official or volunteer fire department, ambulance service or any other governmental agency which deals with
emergencies involving danger to life or property.
(Code 1971, § 13-13; Ord. No. 46-1974, § 1)
Sec. 15.04.090. Unlawful to impersonate an officer.
(a) It shall be unlawful for any person, other than an official police officer, a member of the police Department
or a person duly empowered with police authority, to wear the uniform, apparel or any other insignia of
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office like or similar to or a colorable imitation of that worn by such official officers, members or persons duly
empowered with police authority.
(b) It shall be unlawful for any person to counterfeit, imitate or colorably imitate or cause to be counterfeited,
imitated or colorably imitated, the uniform, apparel or any other insignia of office used by official police
officers, members of the police department or persons duly empowered with police authority.
(c) It shall be unlawful for any person, without due authority, to exercise or attempt t o exercise the authority of
any police officer, member of the police department, person duly empowered with police authority, sheriff,
deputy sheriff, prison steward, deputy warden, public officer or of any investigator, inspector, deputy or
clerk in any department of the City or of any other law enforcement officer, for any purpose; or for any
person falsely to assume, pretend to be or hold himself or herself out to be such officer or official, for any
purpose.
(Code 1971, § 13-15; Ord. No. 46-1974, § 1)
Sec. 15.04.100. Duty to assist officers.
It shall be the duty of all persons, when called upon by any police officer, member of the police Department
or person duly empowered with police authority, promptly to aid and assist such officer, member or person in the
discharge of his or her duties.
(Code 1971, § 13-17; Ord. No. 46-1974, § 1)
Cross reference(s)—Police, Ch. 19.04.
Sec. 15.04.110. Duty to report offenses.
It shall be the duty of all persons who witness or have reason to believe that a provision of this Code is being
or has been violated, promptly to report the same to a police officer, a member of the police department or a
person duly empowered with police authority.
(Code 1971, § 13-19; Ord. No. 46-1974, § 1)
Sec. 15.04.120. Resisting and interfering with an officer prohibited.
(a) It shall be unlawful for any person in the City to resist any police officer, member of the police Department,
special policeman, private policeman or employee of the City in the discharge of his or her duty or in any way
interfere with or hinder or prevent him from discharging his or her duty.
(b) Profane or abusive language directed to a police officer or employee of the City shall be deemed interference
with and obstruction to the discharge of the police officer's or City employee's duties.
(c) It shall be unlawful for any person to offer or endeavor to assist any person in the custody of a police officer,
member of the police department, special policeman, private policeman or employee of the City, to escape
or to attempt to escape from such custody.
(d) It shall be no defense to a prosecution under this Section that the officer or employee was attempting to
make an arrest which was unlawful if he or she was acting under color of his or her official authority and in
attempting to make the arrest he or she was not resorting to unreasonable or excessive force giving rise to a
right of self defense. An officer or employee acts under color of his or her official authority when in the
regular course of assigned duties, he or she is called upon to make and do es make a judgment in good faith
based upon surrounding facts and circumstances that an arrest should be made by him. The term peace
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officer as used in this Section means a police officer in uniform or if out of uniform, one who has identified
himself or herself by exhibiting his or her credentials as such peace officer to the person whose arrest is
attempted.
(Code 1971, § 13-21; Ord. No. 46-1974, § 1)
Sec. 15.04.130. Assault and battery prohibited.
It shall be unlawful for any person to commit an assault or battery upon the person of another. An assault is
an unlawful attempt, coupled with a present ability, to commit a vio lent injury on the person of another. A battery
is an intentional and unlawful use of force or violence upon the person of another.
(Code 1971, § 13-23; Ord. No. 46-1974, § 1)
Sec. 15.04.140. Reserved.
Editor's note(s)—Ord. No. 13-1979, § 1, repealed former § 13-25, which was derived from Ord. No. 46-1974, § 1.
Said section prohibited lewd or lascivious speech or behavior in public.
(Code 1971, § 13-25)
Sec. 15.04.150. Indecent exposure.
It shall be unlawful for any person to willfully appear in a state of nudity or in any indecent or lewd dress or
condition in any public place or in any place open to public view or in any such place to willfully make any indecent
exposure of his or her person or private parts thereof or the private parts of another.
(Code 1971, § 13-27; Ord. No. 46-1974, § 1)
Sec. 15.04.160. Urinating in public prohibited.
It shall be unlawful for any person to urinate in any way or place which is public in nature or any place open
to public view.
(Code 1971, § 13-29; Ord. No. 46-1974, § 1)
Sec. 15.04.170. Carrying concealed weapon prohibited.
It shall be unlawful for any person to knowingly carry a knife or firearm concealed on or about his or her
person. It shall be an affirmative defense that the defendant was:
(a) A person in his or her own dwelling or place of business or on property owned or under his or her
control at the time of the act of carrying;
(b) A person in a private automobile or other private means of conveyance who carries a weapon for
lawful protection of his or her or another's person or property, while traveling;
(c) Or a person who, prior to the time of carrying a concealed weapon, has been issued a written permit to
carry the weapon by the chief of police of a city, the mayor of a town or the sheriff of a county and
such written permit shall be effective in all areas of this State.
(Code 1971, § 13-30; Ord. No. 46-1974, § 1)
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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 ma lt, vinous or spirituous liquors.
(Code 1971, § 13-31; Ord. No. 46-1974, § 1; Ord. No. 27-1992, § 1; Ord. No. 08-2023, § 3, 4-25-2023)
Cross reference(s)—Alcoholic beverages, Title 5.
State law reference(s)—Consumption of alcoholic beverages, C.R.S. § 12-47-128.
Sec. 15.04.190. Shoplifting prohibited.
(a) It shall be unlawful for any person to commit shoplifting. Shoplifting is the willful taking or possession of any
goods, wares or merchandise having an aggregate value of less than four hundred dollars ($400.00), owned
or held by and offered or displayed for sale by a store or other mercantile establishment, with the intention
of converting the merchandise to the use of the person so taking possession.
(b) If any person willfully conceals unpurchased goods, wares or merchandise having an aggregate value of less
than four hundred dollars ($400.00), owned or held by and offered or displayed for sale by a store or other
mercantile establishment, whether the concealment be on his or her own person or otherwise and whether
on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie
evidence that the person intended to commit the crime of shoplifting.
(c) If any person conceals upon his or her person or otherwise carries away any unpurchased goods, wares or
merchandise having a value of less than four hundred dollars ($400.00), owned or held by and offered or
displayed for sale by a store or other mercantile establishment, the merchant or any employee thereof or
any peace or police officer, acting in good faith and upon probable cause based on reasonable grounds
therefor, may detain and question such person in a reasonable grounds therefore, may detain and question
such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of
shoplifting. Such questioning of a person by a merchant, merchant's employee or peace or police officer shall
not render the merchant, merchant's employee or peace or police office civilly or criminally liable for
slander, false arrest, false imprisonment, malicious prosecution or unlawful detention.
(Code 1971, § 13-32; Ord. No. 18-1994, § 1)
Sec. 15.04.200. Reserved.
Editor's note(s)—Former Section 13-33, Prohibiting expectorating on sidewalks or in public buildings, derived from
Ord. No. 46-1974, § 1, was repealed by Ord. No. 14-1979, § 1.
(Code 1971, § 13-33)
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Sec. 15.04.210. Unlawful to throw stones, snowballs or discharge guns and other missiles.
It shall be unlawful for any person to throw any stone, snowball or other missile or discharge any bow,
blowgun, slingshot, gun, catapult or other device upon or at any vehicle, building or other public or private
property or upon or at any person or in an y public way or place which is public in nature.
(Code 1971, § 13-35; Ord. No. 46-1974, § 1; Ord. No. 5-1975, § 1)
Sec. 15.04.220. Obstructing public streets, places and buildings prohibited.
(a) It is unlawful for any person, whether alone or with others, without legal privilege to do so, to obstruct
vehicular or pedestrian movement on any street, alley, sidewalk, mall, way, place or doorway or entrance
into or out of any building which is open to the public.
(b) Obstruction means the interference with or prevention of, convenient or reasonable passage or use of the
public street, alley, sidewalk, mall, way, place or building or entrance or doorway into or out of any building
which is open to the public by any individual or group of individuals.
(c) For purposes of this Section, the following acts will constitute a violation of this Code:
(1) When one (1) person, whether alone or with others, intentionally causes or creates an obstruction; or
(2) When one (1), whether alone or with others, causes, creates or contributes to causing or creating an
obstruction where a reasonable man in the same circumstances would be aware that he or she was
causing, creating or contributing to causing or creating an obstruction.
(Code 1971, § 13-37; Ord. No. 46-1974, § 1)
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 upon sidewalks and
malls. 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.
(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.
(Code 1971, § 13-38; Ord. No. 14-1978, § 1; Ord. No. 22-1998 § 2; Ord. No. 33-2002, § 1)
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Sec. 15.04.240. Injury to public and private property prohibited.
It shall be unlawful for any person to intentionally or knowingly to injure, deface, mutilate, remove, pull
down, break or in any way interfere with or molest or secrete any trees, real or personal property belonging to or
under the control of the City or any person within the City.
(Code 1971, § 13-39; Ord. No. 46-1974, § 1)
Sec. 15.04.250. Painting or decorating public buildings prohibited.
It shall be unlawful for any person to paint or decorate any building, fence or other structure or property
owned, leased or used by the City without the written permission of the department head responsible for such
building, fence or other structure or property.
(Code 1971, § 13-41; Ord. No. 46-1974, § 1)
Sec. 15.04.260. Unlawful to put up unauthorized posters.
It shall be unlawful for any person to post, put up or paste any handbill, poster, placard or painted or printed
matter upon or against any public or private house, store or other building or structure or upon or against any
private or public fence, utility pole or other structure or upon any public or private real property without the
permission of the owner, agent or occupant of such structure or property; or unless such person is lawfully
authorized to make such posting by the City.
(Code 1971, § 13-43; Ord. No. 46-1974, § 1)
Sec. 15.04.270. Defacing posted notices unlawful.
Any person who intentionally mars, destroys or removes any posted notice authorized by law commits the
violation of defacing posted notice.
(Code 1971, § 13-45; Ord. No. 46-1974, § 1)
Sec. 15.04.280. Trespassing prohibited.
It shall be unlawful for any person without legal privilege to enter on or remain upon the premises of
another, to place personal property on the premises of an other or to fail or refuse to remove himself or herself or
such property from such premises when requested to do so by the owner, occupant or person having lawful
control thereof.
(Code 1971, § 13-47; Ord. No. 46-1974, § 1; Ord. No. 69-1975, § 1)
Sec. 15.04.290. Window-peeping prohibited.
It shall be unlawful for any person to look or peep into any window, door, skylight or other opening in a
house, room or building such as to wrongfully observe the occupants of such house, room or building.
(Code 1971, § 13-49; Ord. No. 46-1974, § 1)
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Sec. 15.04.300. Disorderly conduct prohibited.
It shall be unlawful for any person to commit disorderly conduct within the City. A person commits disorderly
conduct when he or she knowingly, intentionally or recklessly:
(a) Uses profane, obscene or offensive language directed at or in the presence of another person, which
language tends to an immediate breach of peace; or
(b) Abuses or threatens another in an obviously offensive manner and in such a manner as to tend to be
an immediate breach of the peace; or
(c) Disturbs or tends to disturb the peace of others by violent, tumultuous, offensive or obstreperous
conduct or by loud or unusual noises; or
(d) Threatens, quarrels, challenges to fight or fights with another; or
(e) Interferes with the free and unobstructed use of any way or place which is public in nature by any
other person or persons; or
(f) Goes about from door to door of private homes or commercial and business establishments to beg or
receive monies for himself or herself or others; or
(g) Solicits money upon any public way or public place, provided nothing herein shall preclude the
acceptance of money offered unsolicited from passersby in return for a musical or other performance
given in said public place; or
(h) Not being a police officer, discharges a firearm in a public place; o r
(i) Not being a police officer, displays a deadly weapon or what reasonably appears to be a deadly
weapon, in a public place in a manner calculated to alarm.
(Code 1971, § 13-51; Ord. No. 46-1974, § 1; Ord. No. 5-1975, § 2)
Sec. 15.04.310. Making false reports unlawful.
It shall be a violation of this Section for any person to do any of the following:
(a) Make a report or intentionally cause the transmission of a report to any law enforcement officer or
other City official of a crime or other incident within their official concern, when he or she knows that
the crime or incident did not occur.
(b) Make a report or intentionally cause the transmission of a report to any law enforcement officer or
other City official pretending to furnish information relating to an offense or other incident within their
official concern when he or she knows that he or she has no such informat ion or knows that the
information is false.
(Code 1971, § 13-53; Ord. No. 46-1974, § 1)
Sec. 15.04.320. Using false identification prohibited.
It shall be unlawful for any person to offer, use or attempt to offer or use any means, manner, type or kind of
paper, document, card, license or any other evidence of the identification of such person for the purpose of
making sales or purchase of commodities, cashing checks, making other monetary transactions, to gain admission
to any place or for any other purpose whatsoever where such means, manner, type or kind of identification
offered or used or which is attempted to be offered or used, is false, fraudulent or incorrect in any manner or way
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or which misrepresents said person so offering or using the same or who attempts to offer or use the same or
which does not belong to such person or which is a ltered, forged, defaced or changed in any respect, except such
changes as are required or authorized by law.
(Code 1971, § 13-55; Ord. No. 46-1974, § 1)
Sec. 15.04.330. Occupying or sleeping in certain places and in vehicles prohibited.
(a) It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed,
shop or other building or structure without owning the same or without permission of the owner or person
entitled to the possession of the same or sleep in any vacant lot or any public place whatsoever during the
hours of darkness.
(b) It is unlawful for any person to occupy any vehicle upon any city street, alley, way or other public area if the
purpose for such occupation is the use of the vehicle as a permanent or temporary residence.
(Code 1971, § 13-57; Ord. No. 46-1974, § 1)
Sec. 15.04.340. Peddlers and solicitors prohibited from going onto private residences;
exception.
(a) It shall be unlawful for solicitors, peddlers, hawkers, itinerant merchants and transient vendors of
merchandise to go in or upon private residences in the City, not having been requested or invited so to do by
the owner or occupant of such private residences, for the purpose of soliciting orders for the sale of goods,
wares and merchandise or for the purpose of disposing of or peddling or hawking the same, subject to the
exceptions stated in Subsection (b) below. Such action is deemed an offense and is punishable as a violation
of this Code.
(b) Subsection (a) above shall not be applicable to persons representing charitable, recreational or civic
enterprises.
(Code 1971, § 13-59; Ord. No. 46-1974, § 1)
Sec. 15.04.350. Vending on public parks and rights-of-way prohibited.
(a) Vending agreements.
(1) No person shall use or occupy any street, alley, mall, golf course, park or parkway (whether in or on a
vehicle, structure, building or otherwise) for the storage, display or sale of goods or services, wares or
merchandise, to solicit the sale of a service or to place or permit portable display signs on any street,
alley, mall, golf course, park or parkway within the City; provided, however, that the prohibitio n of this
Section shall not apply to any person who has entered into a vending agreement with the City to
provide any such vending services and paid a processing fee equal to the special event fee for minor
events set forth at Title 2 of this Code. The City Manager or her designee shall be authorized to execute
and approve said vending agreements on behalf of the City after considering:
a. The public need for such services;
b. The availability of existing services;
c. The availability of nonpublic property upon which to conduct the requested activity;
d. The costs of policing and administering the proposed vending service;
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e. The revenues which can be reasonably expected to accrue to the City by virtue of the vending
services proposed; and
f. Whether the vendor applying for such vending agreement will best serve the public interest.
(2) Any applicant aggrieved of a decision by the City Manager concerning the denial or terms of a vending
agreement may seek an appeal of same to the City Council. All appeals must be submitted in writing to
the City Manager within ten (10) days of the decision appealed from and set forth the grounds for the
appeal. The City Manager shall promptly add the appeal to the next reasonably available regular City
Council meeting agenda. City Council shall conduct a hearing on the appeal at which time the applicant
shall be heard and a decision rendered. Such decision need not be reduced to writing.
(b) Vending agreements for farmers' markets. Farmers' markets are permitted in any downtown street in the
Commercial Core (CC), Commercial (C-1), Neighborhood Commercial (NC) or Service/Commercial/Industrial
(S/C/I) Zone Districts provided a vending Agreement is approved by the City Council. Streets that form the
border between the Commercial Core (CC) and Office (O) zone districts or the Commercial (C-1) and Office
(O) Zone Districts, such as South Monarch and South Spring, respectively, shall be eligible for consideration.
Streets alongside any area zoned Public (PUB) or Park (P) but within the traditional downtown, such as South
Monarch between Durant and Hyman, shall also be eligible for consideration.
(1) Minimum requirements. The Community Development Director shall promulgate rules and regulations
for the establishment and operation of farmers' markets. The City Council shall incorporate such rules
and regulations which it deems appropriate in vending agreements.
(2) Procedure. Pursuant to Section 26.304.030, the applicant shall conduct a pre-application conference
with staff of the Community Development Department. As a result of the conference, the planner shall
prepare a pre-application summary providing the appropriate application packet including the
submission requirements and any other pertinent land use material, enumerate the fees associated
with the reviews and explain the review process in general.
After the pre-application conference summary is received by the applicant, said applicant shall prepare
an application for review and approval by staff and the City Council, respectively. In order to proceed
with additional reviews or obtain a development order, the City Council shall, at a public hearing, find
the submitted land use application consistent with the provisions, requirements and standards of this
Section. Notice of the public hearing shall be in accordance with the requirements of Section
26.304.060(e)(3)a., as well as any other form(s) of notice required by the Community Development
Director. City Council may approve, approve with conditions or deny any application for a farmers'
market by resolution. An ordinance is not required and the signed resolution shall serve as the vending
agreement.
(3) Application. An application for approval of new or modified farmers' markets sha ll comply with the
submittal requirements applicable to conditional use reviews pursuant to Chapter 26.304, Common
Development Review Procedures and Chapter 26.425, Conditional Uses, of this Code. Also, farmers'
market vending agreement applications shall contain any other additional information identified in the
pre-application conference summary.
(4) Applicant. Applications for or from individual vendors will not be accepted. Applications for vending
agreements for farmers' markets must be submitted on behalf of an organization encompassing all
vendors that would participate in the particular market. The organization will need to select one (1) or
two (2) persons to represent the market in dealings with the City. The applicant/organization will be
responsible for governance of the market and maintaining compliance with the rules and regulations
contained in this Section and in any conditions assigned to the approval of a vending agreement.
(Code 1971, § 13-61; Ord. No. 46-1974, § 1; Ord. No. 54-1975, § 1; Ord. 51-1992, § 1; Ord. No. 13-1998, § 3)
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Sec. 15.04.360. Vendors not to obstruct public ways.
It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or
merchandise, to make any unnecessary sound or noise, to obstruct any sidewalk or other place of a public nature
or to disturb or impede other persons.
(Code 1971, § 13-63; Ord. No. 46-1974, § 1)
Sec. 15.04.370. Curfew for minors.
(a) For the purposes of this Section, the following words are herewith defined as follows:
Minor. A minor is defined as any person who has not attained the age of eighteen (18) years.
Parent. A parent is defined as any person who is the natural parent of a minor or who has been given legal
custody of a minor or who has the care and control of a minor, either permanently or temporarily.
(b) It shall be unlawful for any minor to loiter, linger, wander or play on the public streets, highways, alleys,
roads or other public grounds, public places and public buildings, vacant lots or other unsupervised places
within the City between the hours of 11:00 p.m. and 5:00 a.m. the following day. The provisions of this
Section do not apply to those minors who are accompanied by their parents or where the minor is upon
legitimate business directed by or at the request of his or her parents or is under the supervision of an adult
person with the knowledge of his or her parents.
(c) It shall be unlawful for any parent to permit any minor to loiter, linger, wander or play on the public streets,
highways, roads, alleys or other public grounds, public places and public buildings, vacant lots or other
unsupervised places between the hours of 11:00 p.m. and 5:00 a.m. the following day; provided, however,
that the provisions of this Section do not apply where the minor is accompanied by his or her parent or
where the minor is upon legitimate business directed by or at the request of his or her parent or is under the
supervision of an adult person with the knowledge of his or her parent.
(d) The fact that the minor is upon the streets, highways, alleys or other public places as defined in this Section,
between the hours of 11:00 p.m. and 5:00 a.m. the following day, shall be prima facie evidence that the
parent is guilty of violating this Section.
(Code 1971, § 13-65; Ord. No. 46-1974, § 1)
Sec. 15.04.380. Littering of public or private property prohibited.
(a) Any person who deposits, throws or leaves any litter on any public or private property or in any waters
commits a violation of this Section unless:
(1) Such property is an area designated by law for the disposal of such material and such person is
authorized by the proper public authority to so use such property; or
(2) The litter is placed in a receptacle or container installed on such property for such purpose; or
(3) Such person is the owner or tenant in lawful possession of such property or has first obtained written
consent of the owner or tenant in lawful possession or unless the act is done under the personal
direction of said owner or tenant.
(b) The term litter, as used in this Section, means all rubbish, waste material, refuse, garbage, trash, debris or
other foreign substances, solid or liquid, of every form, size, kind and description.
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(c) The phrase public or private property, used in this Section, includes, but is not limited to, the right-of-way of
any street or highway; and any body of water, ditch or watercourse, including frozen areas or the shores
thereof, any park, playground or building; any refuge, conservation or recreation area; and any residential or
business property.
(d) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this Section,
the operator of said motor vehicle is presumed to have caused or permitted such litter to have been so
thrown, deposited, dropped or dumped therefrom.
(Code 1971, § 13-67; Ord. No. 46-1974, § 1)
Sec. 15.04.390. Distributing handbills in public places; placement on vehicles.
(a) No person shall distribute, throw or deposit any commercial or noncommercial handbill in or upon any
vehicle or in any public place, provided, however, that it shall not be unlawful on any sidewalk, street or
other public place within the City for any person to hand out or distribute, without charge to the receiver
thereof, any noncommercial handbill to any person willing to accept it. Recipients of such items, however,
shall not discard the same except in conformity with this Chapter.
(b) For purposes of this Section, a commercial handbill is any printed or written matter, sample or device,
circular, leaflet, pamphlet, paper or booklet which advertises for sale any merchandise, produce, commodity
or thing; or which directs attention to any business, commercial establishment or other activity for the
purpose of either directly or indirectly promoting the interest thereof by sales; or which directs attention to
or advertises any meeting, theatrical performance, exhibition or event for which an admission fee is charged
for the purpose of private gain or profit; or which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement for private benefit or gain.
(c) A noncommercial handbill is any printed or written matter, sample or device, circular, leaflet, pamphlet,
paper or booklet not included in the aforesaid definitions of a commercial handbill.
(Code 1971, § 13-68; Ord. No. 5-1975, § 3)
Sec. 15.04.400. Abandonment of motor vehicles prohibited.
(a) Any person who abandons any motor vehicle upon a street, highway, right-of-way or any other public
property or upon any private property without the express consent of the owner or person in lawful charge
of such private property commits the violation of abandonment of a motor vehicle.
(b) To abandon means to leave a thing with the intention not to retain possession of or assert ownership over it.
The intent need not coincide with the act of leaving.
(c) It is prima facie evidence of the necessary intent that:
(1) The motor vehicle has been left for more than seven (7) days unattended and unmoved; or
(2) License plates or other identifying marks have been removed from the motor vehicle; or
(3) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or
salvage; or
(4) The owner has been notified by a law enforcement agency to remove the motor vehicle and it has not
been removed within three (3) days after notification.
(Code 1971, § 13-69; Ord. No. 46-1974, § 1)
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Cross reference(s)—Impoundment of motor vehicles, Section 24.08.010.
Sec. 15.04.410. Maintaining inoperable vehicles prohibited.
(a) The City Council finds that junked, wrecked, dismantled, inoperable, discarded or abandoned vehicles in and
upon real property within the City is a matter affecting the health, safety and general welfare of the citizens
of Aspen, Colorado, for the following reasons:
(1) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
(2) They are a danger to persons, particularly children, because of broken glass, sharp metal protrusions,
insecure mounting on blocks, jacks or supports and because they are a ready so urce of fire and
explosion;
(3) They encourage pilfering and theft and constitute a blighting influence upon the area in which they are
located thereby causing a loss in property value to surrounding property;
(4) They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and
structures.
(b) For the purposes of this Section the following definitions shall apply:
(1) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded,
abandoned or unable to perform the functions or purpose for which it was originally constructed.
(2) Vehicle means any automobile, truck, tractor or motorcycle which as originally built contained an
engine, regardless of whether it contains an engine at any other time.
(c) Except as provided in Subsections (d) and (e), it shall be unlawful for any person, partnership, corporation or
their agent, either as owner, lessee, tenant or occupant of any lot or land within the City to park, store or
deposit or permit to be parked, stored or deposited thereon, an inoperable vehicle unless it is enclosed in a
garage or other building.
(d) The provisions of Subsection (c) shall not apply to any person, partnership or corporation or their agent with
one (1) vehicle inoperable for a period of thirty (30) consecutive days.
(e) The provisions of Subsection (c) shall not apply to any person, firm or corporation or their agent who is
conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles
behind screening of sufficient size, strength and density to screen vehicles from the view of the public using
the streets and sidewalks and to prohibit ready access to such vehicles by children; provided, however, that
nothing in this Section shall authorize the maintenance of a public nuisance.
(f) Existence of any of the following conditions shall raise the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate or safety inspection sticker upon such vehicle;
(2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;
(3) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon
the streets and highways.
(g) Whenever an informal complaint is made to the Police Chief or to any other appropriate City Official or
member of the City Council regarding an alleged violation of Section 15.04.410 or whenever any police
officer or sanitation officer of the City observes an apparent violation of Section 15.04.410, a Police Officer or
Sanitation Officer shall, within seven (7) days thereafter, cause a written notice to be served upon the person
in possession or the owner of the real property upon which such inoperable vehicle is located. Such notice
shall inform such person of the violation and direct that he or she take action within seven (7) days after
receipt of such notice to comply with Section 15.04.410 or that prosecution will be commenced for violation
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thereof. If compliance is not made as directed, prosecution proceedings against the responsible person or
persons shall be commenced.
(Code 1971, § 13-71; Ord. No. 46-1974, § 1)
Sec. 15.04.420. Keeping of junk prohibited.
(a) It shall be unlawful to keep, store or provide for the collection of junk within the City and that the keeping,
storage or collection of junk within the City is hereby declared to be a nuisance and is detrimental to the
health, safety, convenience and general welfare of the citizens thereof.
(b) Junk is hereby defined to be any old, used or secondhand materials of any kind, including, without limitation,
cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, tires, brass, copper or other metal, furniture,
refrigerators, freezers, all other appliances, the parts of used motor vehicles, machines, apparatuses and
contrivances and parts thereof, which are no longer in use, any u sed building material, boards or other
lumber, cement blocks, bricks or brick bats or other secondhand building material or any discarded
machinery, tractors, trucks or automobiles or any other article or thing commonly known and classified as
junk.
(c) The keeping, storage or collection of junk shall not be deemed unlawful or a nuisance when and if same is
kept, stored or collected in completely enclosed buildings and this Section shall not apply to any premises
where a licensed motor vehicle dealer or a farm implement dealer conducts his, her or their business.
(d) Each act or omission in violation of one (1) or more than one (1) of the provisions hereof shall be deemed a
separate violation of such provision and for each calendar day during which any violation continues, a
separate violation shall be deemed to have been committed.
(Code 1971, § 13-73; Ord. No. 46-1974, § 1)
Sec. 15.04.430. Reserved.
Editor's note(s)—Ord. No. 47-1978, § 1, repealed former § 13-74 relative to the covering of outdoor recreational
heated swimming and therapy pools. Said section was derived from Ord. No. 12-1976, § 1: (Code 1971, § 13-
74)
Sec. 15.04.440. Abandoned iceboxes and refrigerators regulated.
It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other
structure or within any unoccupied or abandoned building, structure or dwelling under his or her control, in a
place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which
has a door or lid, snaplock or other locking device which may not be released from the inside, without first
removing such door or lid, snaplock or other locking device.
(Code 1971, § 13-75; Ord. No. 46-1974, § 1)
Sec. 15.04.460. Survey monuments, markers and stakes; removal prohibited.
(a) It shall be unlawful for any person to remove any permanent survey monuments, markers or stakes
established, placed or installed by the City without having first obtained the approval of the City Engineer.
(b) In the event any person shall find it necessary by reason of practical difficulty in the use of the land or
through the construction or erection of improvements thereon or by reason of a change, alteration, repair,
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construction, erection or installation of a public improvement, to remove and relocate any of the permanent
survey monuments, markers or stakes, such person shall apply t o the City Engineer for authority to remove
or relocate the survey monument involved and shall specify in detail the reason therefor. The City Engineer
shall examine such application and shall inspect the location of the monument involved and if after the
examination and inspection the City Engineer shall find that the survey monument should be removed or
relocated, he or she shall grant such person the authority and permission to remove or relocate such
monument and shall specify the manner in which the survey monument shall be removed or relocated. No
permanent survey monument, marker or stake shall be removed except by a person licensed as a land
surveyor under the laws of the State.
(c) In the event a permanent survey monument, marker or stake in the City is removed as provided in
Subsection (b), the surveyor involved shall file with the City Engineer a plat showing in detail the new
location of the survey monument and shall also file written field notes therewith as may be directed by the
City Engineer. The City Engineer shall keep a permanent record of all such plats and field notes filed with him
pursuant to this Section and the record thereof shall be available at all times to the general public.
(d) If any person shall destroy, mutilate, damage or remove any permanent survey monument, marker or stake
in the City, except as provided by this Code, he or she shall be liable to the City for all costs and expenses
incurred by the City in restoring the survey monument to its original condition and proper location and such
costs and expenses may be collected by the City on proof thereof in a civil court of competent jurisdiction.
This remedy shall be in addition to all other remedies available to the City for a violation of any provision of
this Code.
(Code 1971, § 13-77; Ord. No. 46-1974, § 1)
Sec. 15.04.470. Radio interference prohibited.
(a) It shall be unlawful for any person to operate within the limits of the City, any electrical device, machine or
equipment which needlessly and unnecessarily causes interference with radio reception, which such
interference can be reasonably prevented by means of repair, adjustments, the installation of corrective
appliances or other practicable alterations.
(b) The administration and enforcement of this Section shall be entrusted to and imposed upon the Chief
Building Official whose duty it shall be to investigate complaints of radio interference by finding a qualified,
mutually agreeable third party to test actual site conditions, locate the source of such interference and
advise and make recommendations as to its elimination. The Chief Building Official is hereby authorized to
issue orders for such repairs, adjustments or alterations to be complied with within a reasonable length of
time, as shall be practicable and reasonably necessary to prevent the continuance of such interference. The
cost of testing shall be borne by the facility/equipment operator for the first claim made by a claimant, then
by the claimant for subsequent claims; however, costs of testing for all verified cases of interference shall be
reimbursed to the claimant by the operator of the facility/equipment causing said interference.
(c) The Chief Building Official shall, upon presentation of his or her badge or other evidence of his or her
authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting the
installation and operation of any device or equipment coming within the provisions of this Section.
(Code 1971, § 13-79; Ord. No. 46-1974, § 1; Ord. No. 34-1998, § 4)
Sec. 15.04.480. Unauthorized interception of CATV television signals prohibited.
(a) It shall be unlawful for any person to make any unauthorized connection, whether physically, electr ically,
acoustically, inductively or otherwise, with any part of a signal of a cable TV system for the purpose of
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enabling anyone to receive any television signal, radio signal, picture, sound or other transmission, without
payment to the transmitting company.
(b) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or
injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures or
other transmission.
(c) In any prosecution charging a violation of this Section, proof that particular apartment, residence or
structure was connected without authorization to a cable TV system for the purpose of enabling anyone to
receive any television signal, radio signal, picture, sound or other transmission, without payment to the
transmitting company, together with proof that the defendant named in the complaint was at the time of
such authorized connection the occupant of the particular apartment, residence or structure, as tit le owner
or lessee, shall constitute in evidence a prima facie presumption that the occupant of the premises was the
person who connected the premises in violation of this Section.
(Code 1971, § 13-81; Ord. No. 46-1974, § 1; Ord. No. 41-1979, § 1)
Sec. 15.04.490. Permits required for parades, meetings and assemblies.
It shall be unlawful for any person to organize, sponsor or participate in a meeting, assembly or parade
attended by fifty (50) or more persons in or upon any public street, right -of-way or sidewalk, public park or in any
other public way or City-owned or operated place or facility within the City unless and un til a permit to conduct
such parade, meeting or assembly has been applied for and obtained, as set forth at either Section 14.20.020,
14.20.040 or 14.20.050 of this Code and unless such event is conducted in accordance with the terms set forth in
such permit.
(Code 1971, § 13-83; Ord. No. 46-1974, § 1; Ord. No. 27-1992, § 2)
Sec. 15.04.500. Interference with public process prohibited.
(a) No person shall willfully refuse or fail to leave any public building owned, operated or controlled by the
State, County or City upon being requested to do so by an officer charged with maintaining order in such
building, if such person has committed, is committing, threatens to commit or incites others to commit, any
act which did or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, process,
procedures or functions being carried on in such public building.
(b) No person shall, at any meeting or session conducted by any judicial, legislative or administrative body or
official at or in, any public building, willfully impede, disrupt or hinder the normal proceedings of such
meeting or session by any act of intrusion into the chambers or other areas designated for the use of the
body or official conducting such meeting or session or by any act designed to intimidate, coerce or hinder
any member of such body or official engaged in the performance of duties at such meeting or session.
(Code 1971, § 13-85; Ord. No. 46-1974, § 1)
Sec. 15.04.510. Lost and confiscated property; procedures for disposal.
(a) The words lost andconfiscated property mean:
(1) Property which has been lost or stolen from the owner thereof and which has been turned over to an
employee or department of the City; or
(2) Property which has been confiscated according to law by a police officer of the City and the owner's
possession of the property is unlawful or the owner's identity and whereabouts are not known and
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cannot be reasonably determined by any member of the Police Department or by any other City
employee. This definition shall not be deemed to include pets or other animals, nor motor vehicles.
(b) Until such time as an item of lost or confiscated property has been sold according to the provisions of
Subsection (d) or reclaimed by the owner or other persons entitled to the possession of such item, each such
item shall be retained in the custody of the Chief of Police. All such property shall be kept at facilities of the
City provided for that purpose and the Chief of Police or someone designated by him, shall keep records
pertaining to the receipt and disposition of all such property. Such records shall be open to public inspection
at all reasonable times.
(c) The Chief of Police shall cause to be held, at periodic intervals, public sales at which lost or confiscated
property shall be offered for sale to the highest bidders, unless in the judgment of the City Manager or the
City Manager's designee specific property can be used for public purposes. In that event, the City Manager or
the City Manager's designee shall have the authority to claim and convert that property for public use. No
item of lost or confiscated property shall be offered at any such sale or claimed by the City Manager or City
Manager's designee unless the item has been in the custody of the Chief of Police for not less than thirty (30)
days. No such item shall be offered for sale or claimed by the City Manager or City Manager's designee,
which is the subject of any civil or criminal judicial proceed ing involving, directly or indirectly, a
determination of the ownership of such property. If it is determined in any such civil or criminal judicial
proceeding that the individual claiming the ownership or right of possession of such item is not entitled
thereto as against the City, such items shall then be offered for sale at the next regularly scheduled public
sale or be available to be claimed by the City Manager or the City Manager's designee.
(d) A notice of each public sale or claiming, giving the date, hour, place and general description of the property
to be sold or claimed, shall be published once a week for two (2) consecutive weeks in a newspaper of
general circulation in the City. The sale or claiming shall be had not less than fifteen (15) days from the date
of the first publication. Any item of lost or confiscated property can be reclaimed by the owner thereof or by
the person entitled to the possession thereof, at any time prior to the commencement of the public sale or
claiming.
(e) Any item of lost or confiscated property which, in the judgment of the Chief of Police will deteriorate
substantially if not disposed of prior to the time when the property could be offered for public sale in
accordance with Subsection (c) above, may be offered for sale to the public at a special sale. No prior notice
of such sale need be given if it would constitute an unreasonable delay. The proceeds for such special sale
shall be kept in a special fund for a period of thirty (30) days from the date of the sale. If, at any time during
such thirty-day period any person establishes his or her ownership or right to possession, of the item sold,
the proceeds from the sale of that item shall be delivered to that person.
(f) When lost or confiscated property is offered for sale pursuant to the terms of this Chapter and there is no
bid for the same, the City Manager shall declare the same to be sold to the City for the amount of the cost of
storage, advertisement and sale and shall place the items in the custody of such departments of the City as
he or she, in his or her sole discretion, may determine and for the sole benefit and use of the City.
(g) The proceeds from regular and special sales shall be delivered to the Director of Finance. he or she shall pay
from such sale proceeds the expenses of storage, advertisement and sale. The balance of proceeds from
regular sales shall be placed into the general fund. Proceeds in the special fund required by Subsection (e)
above, shall be transferred to the general fund after the period for reclaiming such proceeds has passed.
(h) Any person who has found lost property may, if the same shall not be claimed by its owner, recover
possession of the same prior to any public sale of the property as hereinabove provided or after sixty (60)
days of reporting the finding of the property to the Police Department, whichever first occurs.
(i) The owner or other person having the right to possession, of any item of lost or confiscated property sold at
any public sale conducted in accordance or substantially in accordance with the provisions of this Section
shall be barred from asserting any claim against the City or against the proceeds held by the City, from and
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after the date of the sale, except to the extent provided in Subsection (e) abo ve with respect to the proceeds
of a special sale claimed within thirty (30) days thereof.
(Code 1971, § 13-87; Ord. No. 46-1974, § 1; Ord. No. 51-1976, §§ 1, 2; Ord. No. 16-1991, § 1)
Sec. 15.04.520. Prohibition against nuisances; right-of-entry to investigate.
(a) A public nuisance is a substance, act, occupation, condition or use of property which is of such nature and
shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for
passage any street, alley, highway or other public way.
(b) In all cases where no provision is made defining what are nuisances and how the same may be removed,
abated or prevented, in addition to what may be declared such herein, those offenses which are known to
the common law of the land and statutes of Colorado as nuisances may, in case the same exist within the
City, be treated as such and proceeded against as in this Chapter provided or in accordance with any other
provision of law.
(c) Any person in the City who is responsible for any nuisance as provided in this Chapter and who shall fail to
abate the same after the giving of adequate notice shall be in violation of this Chapter and subject to the
penalties herein provided.
(d) Where a nuisance exists upon private property and is the outgrowth of the usual, natural or necessary use of
the property, the owner or owners thereof or his or their agents, are hereby declared the authors thereof;
but where any such nuisance shall arise from the unusual use to which any such property may be put or from
any business thereon conducted, the occupant or occupants shall also be deemed the author or authors
thereof; and any person who shall by himself or herself or an agent cause or create the same shall be
deemed the author of such nuisance.
(e) Complaints of nuisances may be made to the City Manager, City Sanitarian, Building Inspector, Fire Marshal,
Chief of Police or any other City official. Whenever possible any complaint shall state the nature of such
nuisance, the location including street address, name of the owner, agent or occupan t of the building or lot,
if known and the name and address of the complainant.
(f) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter or whenever an
authorized representative of the City shall have reasonable cause to believe that there exists in any building
or upon any premises any condition which constitutes a nuisance hereunder, the City Manager, Building
Inspector, Fire Marshal, City Sanitarian or Police Officer may enter such building or premises at all reasona ble
times to inspect the same or to perform any duty imposed on any of them. Provided that if such building or
premises be occupied, such person shall first present proper credentials and demand entry; and if such
building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner and/or
occupant or other person or persons having charge or control of the building or premises and upon locating
said owner, occupant or other person or persons, shall present proper credentials and demand entry. If entry
is refused, such person shall give the owner and/or occupant or if said owner and/or occupant cannot be
located after a reasonable effort, he or she shall leave at the building or premises a twenty -four-hours'
written notice of intention to inspect. The notice given to the owner and/or occupant or left on the premises,
as aforesaid, shall state that the property owner has the right to refuse entry and that in the event such entry
is refused, inspection may be made only upon issuance of a search warrant by a Municipal Judge of the City
or Judge of any other court having jurisdiction.
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(g) After the expiration of said twenty-four-hour period from the giving or leaving of notice, the City Manager,
Building Inspector, Fire Marshal, City Sanitarian, Policeman or any of them or their authorized
representative, may appear before the Judge of the City Municipal Court and upon a showing of probable
cause shall obtain a search warrant entitling him to enter said building or upon such premise s. Upon
presentation of said search warrant and proper credentials or possession of the same in the case of an
unoccupied building or premises, said person may enter into said building or upon said premises using such
reasonable force as may be necessary to gain entry.
(h) For the purposes of the above Subsection, a determination of probable cause' will be based upon
reasonableness and if a valid public interest justifies the intrusion contemplated, then there is probable
cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate
specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search
warrant. It shall be unlawful for any owner and/or occupant of said bu ilding or premises to resist reasonable
force used by any authorized agent acting pursuant to this Section.
(i) Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this
Chapter, the City Manager, Building Inspector, Fire Marshal, City Sanitarian or Police Officer or the
authorized representative of any of them, upon a presentation of proper credentials or identification, in the
case of an occupied building or premises or possession of said credentials in the ca se of an unoccupied
building or premises, may enter into any building or upon any premises within the jurisdiction of the City. In
said emergency situation such person or his or her authorized representative may use such reasonable force
as may be necessary to gain entry into said building or upon said premises.
(j) For purposes of the above Subsection, an emergency situation shall include, but not be limited to, any
situation where there is imminent danger of loss of life, limb and/or property. It shall b e unlawful for any
owner and/or occupant of said building or premises to resist reasonable force used by the authorized official
acting pursuant to this Subsection.
(Code 1971, § 13-89; Ord. No. 46-1974, § 1)
Sec. 15.04.530. Abatement of nuisances.
(a) Each and every nuisance declared or defined by any ordinance of the City or otherwise is hereby prohibited
and the City Manager or Chief of Police is hereby authorized, in their discretion, to cause the same to be
summarily abated in such manner as they may direct subject to the limitations herein provided.
(b) Upon authorization of the City Manager or Chief of Police, if any nuisance found to exist shall cause such
imminent danger to the life, limb, property or health as to require immediate abatement, an y such nuisance
may be summarily abated by action of the City Manager, Chief of Police, Police Agent, Building Inspector, Fire
Marshal or City Sanitarian.
(c) In the case of any nuisance not requiring summary abatement, it shall be the duty of the City Ma nager or
Chief of Police to cause notice to be served upon the person responsible for any nuisance which may be
found, requiring said person to abate the same in a reasonable time and in such reasonable manner as
prescribed and such notice may be given or served by any officer directed or deputized to give or make the
same. In causing notice to be served, the City Manager or Chief of Police may authorize City officials,
inspectors or any other appropriate City employee to issue notice of abatement. The reas onable time for
abatement shall not exceed fourteen (14) days unless it appears from the facts and circumstances that
compliance could not reasonably be made within fourteen (14) days or that a good faith attempt at
compliance is being made. Such notice shall be in writing, signed by the official issuing the same and shall be
personally served upon the person responsible for said nuisance if said person occupied the premises upon
which said nuisance exists, but if not occupied by said responsible person the n by posting the same
prominently at some place on the premises upon which said nuisance exists. If service is by posting as
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aforesaid, then a copy of said notice shall also be mailed by certified mail, return receipt requested, to the
owner of such property as shown upon the tax rolls of Pitkin County, Colorado, at the address of such owner
as therein shown.
(d) If, after notification, a nuisance is not voluntarily abated, the following procedures shall apply:
(1) Upon notification, if the person so notified shall neglect or refuse to comply with the requirements of
said notice to abate the nuisance within the time specified, such person shall be guilty of a violation of
this Code and the City Manager, Chief of Police and City Attorney or their authorized agent, may
proceed at once, upon the expiration of the time specified in such notice, to commence appropriate
legal action to cause such nuisance to be abated; provided, that if the owner or person responsible for
said nuisance is unknown or cannot be found, the City Manager may proceed to abate such nuisance
after notice has been posted for the period equal to the time specified to abate said nuisance. In either
case, the expense of such abatement shall be collected from the person who caused, created,
continued or suffered said nuisance to exist.
(2) When any person has responsibility for a nuisance and such nuisance shall exist or be found and said
responsible person fails to abate the same after the giving of such notice as provided for in this
ordinance, within the time limited therein or as extended, then the City Attorney is authorized to
institute proceedings in a court of competent jurisdiction to obtain a judicial determination that such
nuisance exists, to abate such nuisance, to enjoin the same and for such other and further relief as may
seem necessary or proper, including but not limited to the costs and expenses of abatement.
(3) Upon a judicial determination that a nuisance exists, the Chief of Police may be authorized to abate
said nuisance or cause the same to be abated, employing such forces and persons as may be necessary
to abate the same, including the employees of the City or by contract or otherwise. All other City
officials and employees are hereby authorized and directed to render such assistance to the Chief of
Police as may be required for the abatement of such nuisance and in connection with the enforcement
thereof.
(4) Any officer or employee of the City who shall be authorized herein to a bate any nuisance specified in
this ordinance shall have authority to engage the necessary assistance and incur the necessary
expenses thereof. In any case where a nuisance is to be abated by the City, it shall be the duty of said
authorized person to employ such assistance and adopt such means as may be necessary to effect
abatement of said nuisance. It shall also be the duty of the City or any of its representatives to proceed
in all abatement cases with due care and without any unnecessary destruction of property.
(Code 1971, § 13-91; Ord. No. 46-1974, § 1)
Sec. 15.04.540. Abatement of nuisances; costs of abatement.
(a) The person or persons responsible for any nuisance within the City shall be liable for and pay and bear all
costs and expenses of the abatement of said nuisance, which costs and expenses may be collected by the
City in any action at law, referred for collection by the City Attorney in his or her discretion or collected in
connection with an action to abate a nuisance or assessed against the property as hereinafter provided.
(b) The notice required by this Chapter shall, in addition to other requirements herei n, state that if the nuisance
is not abated within the time stated in the notice, the cost of such abatement may be assessed as a lien
against the property (describing the same) pursuant to the terms of this Chapter, referring to this Chapter,
together with an additional five percent (5%) assessment for inspection and incidental costs and an
additional ten percent (10%) assessment for costs of collection and collected in the same manner as real
estate taxes against the property. If the owner of the property is not personally served with a copy of such
notice, then a true copy of such notice shall be mailed by registered or certified mail, return receipt
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requested, to the owner of such property as shown upon the tax rolls of Pitkin County, Colorado, at the
address of such owner as therein shown.
(c) If, after the expiration of the period of time provided for in said notice or as extended, costs or expenses are
incurred by or on behalf of the City in the abatement or in connection with the abatement of the nui sance
and said costs are not otherwise collected, then the Director of Finance may thereafter certify to the City
Clerk the legal description of the property upon which such work was done, together with the name of the
owner thereof as shown by the tax rolls of Pitkin County, Colorado, together with a statement of the work
performed, the date of performance and the costs thereof.
(d) Upon receipt of such a statement from the Director of Finance, the City Clerk shall mail a notice to the owner
of said premises as shown by said tax roll, at the address shown upon the tax rolls, by first class mail, postage
prepaid, notifying such owner that work has been performed pursuant to this ordinance, stating the date of
performance of the work, the nature of the work and demanding payment of the costs thereof (as certified
by the Director of Finance), together with five percent (5%) assessment for inspection and other incidental
costs in connection therewith. Such notice shall state that if said amount be not paid within thirty (30) days
of mailing the notice, it shall become an assessment on and a lien against the property of said owner,
describing the same and will be certified as an assessment against such property together with the ten
percent (10%) assessment for costs of collection and the above-mentioned assessments will be collected in
the same manner as a real estate tax upon the property.
(e) If the Clerk shall not received payment within the period of thirty (30) days following the mailing of such
notice, the Clerk shall inform the City Council of such fact and the Council shall thereupon enact an ordinance
assessing the whole cost of such work, including a charge of five percent (5%) of said whole cost for
inspection and other incidental costs in connection therewith upon the lots and tracts of land upon which
the nuisance was abated and together with a charge of ten percent (10%) of said whole costs for costs of
collection.
(f) Following the passage of such ordinance, upon second reading, the Clerk shall certify the same to the County
Treasurer, who shall collect the assessment, including the ten percent (10%) charge for cost of collection, in
the same manner as other taxes collected.
(g) Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over
other liens except general taxes and prior special assessments.
(Code 1971, § 13-93; Ord. No. 46-1974, § 1)
Sec. 15.04.550. Abatement of nuisances; remedies cumulative.
(a) No remedy provided herein shall be exclusive, but the same shall be cumulative and the taking of any action
hereunder, including charge or conviction of violation of this Chapter in the City Municipal Court, shall not
preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist.
(b) Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any othe r charge or action
and when applicable the abatement provisions of this Chapter shall serve as and constitute a concurrent
remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any
application of this Chapter that is in the nature of a civil action shall not prevent the commencement or
application of any other charges brought under the municipal ordinances or any other provision of law.
(Code 1971, § 13-95; Ord. No. 46-1974, § 1)
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Sec. 15.04.560. Nuisances declared.
The following are hereby declared to be public nuisances within the City and subject to the provisions of this
Code:
(a) A contaminated or impure well or cistern shall be deemed a nuisance when the water therein is used
for human consumption.
(b) Dumping, throwing or placing any rubbish, cans, boxes, debris, grass clippings or other waste materials
on any public place in the City is hereby declared to be a nuisance and prohibited. Dumping of waste
materials in a public dump specifically designated by order of the City Manager as a dump in
compliance with such regulations as the City Manager may direct, shall not be deemed a violation of
this Section.
(c) It shall be unlawful and shall constitute a nuisance for any person to pile, store or allow to accumulate
any rubbish, trash, garbage, weeds or animal feces on any lot or real estate within the City which could
harbor and conceal harmful vermin, rodents or insects or which are unsafe, unhealthy or unsightly to
persons or public.
(d) It shall be unlawful and constitute a nuisance for any person to expose, convey or place or cause to be
exposed, conveyed or placed in any street or public place any substance, animal or thing to the
prejudice of the public health.
(e) It shall be unlawful and shall constitute a public nuisance for any person to maintain any property or
building or any other structure in the City in a condition which is in violation of the City Building Code
or zoning ordinance.
(f) It shall be unlawful and shall constitute a public nuisance for any person to permit or suffer the
accumulation of ice and snow upon any sidewalk, sidewalk area, street, alley or public way in such
manner as to impede normal vehicular or pedestrian traffic or emergency access without having
obtained prior authorization from the City Manager.
(Code 1971, § 13-97; Ord. No. 46-1974, § 1; Ord. No. 79-1983, § 3)
Sec. 15.04.570. Discriminatory practices prohibited.
(a) Definitions.
Discrimination or to discriminate means, without limitation, any act because of race, creed, color, sex,
affectional or sexual orientation, gender identity, gender expression, genetic characteristics, marital status,
religion, religious expression national origin, ancestry, pregnancy, parenthood, custody of a mi nor child, mental or
physical disability, source of income, or immigration status, age, family responsibility or political affiliation of such
individual or such individual's friends or associates, results in the unequal treatment or separation of any pers on or
denies, prevents, limits or otherwise adversely affects, the benefit or enjoyment by any person of employment,
ownership or occupancy of real property or public services or accommodations unless otherwise required by law.
Such discrimination is unlawful and is a violation of this Section, provided, however, that the physical condition of
an existing building or structure shall not, of itself, constitute discrimination.
Gender identity means a person's various individual attributes, actual or perceived, that may be the same or
different from their sex assigned at birth. An innate sense of one's concept of self as male, female, a blend of both
or neither.
Gender expression refers to the way a person communicates gender identity through external appeara nce,
characteristics or behaviors.
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Household means all individuals who will be occupying a unit regardless of legal or marital status, including a
married couple, whether both will be living in the unit or not.
Housing means any building, structure, vacant land or part thereof during the period it is advertised, listed or
offered for sale, lease, rent or transfer of ownership and during the period while it is being sold, leased or rented.
Person means any individual, firm, partnership, corporation, association organization, unincorporated
organization, labor union, government agency, incorporated society, statutory or common law trust, estate,
executor, administrator, receiver, trustee, conservator, liquidator, trustee in bankruptcy, committee, assignee,
officer, employee, principal or agent, legal or personal representative, real estate broker or salesman or any agent
or representative of any of the foregoing.
Public services or accommodations means any place of business engaged in any sales to the public and any
place or business offering services, facilities, privileges, advantages or accommodations to the public.
Religious expression means any external manifestation of a person's religious beliefs, including but not
limited to attending worship services, praying, wearing religious garb, symbols, head coverings of all kinds, hair
including shaving or hair length observances, displaying religious objects, adhering to certain dietary rules or
refraining from certain activities.
Sex means biological sex, the sum of a person's physical characteristics, the biological categories of male,
female, or intersex, as determined by primary and secondary sex characteristics, hormones, or chromosomes.
Sexual orientation means an emotional, romantic, physical, spiritual or sexual attraction to other people.
(b) Discriminatory employment practices prohibited It shall be unlawful for any person who is an employer or
employment agency, directly or indirectly, to discriminate against any employee with regard to applicati on
for employment, hiring, occupational training, tenure, promotion, compensation, layoff, discharge or any
other term or condition of employment except when based upon a bona fide occupational qualification.
(c) Discriminatory housing practices prohibited It shall be unlawful for any person, directly or indirectly, to
discriminate against or to accord adverse, unlawful or unequal treatment to any other person with respect to
the acquisition, occupancy, use and enjoyment of any housing, including the sale, transfer, rental or lease
thereof.
The provisions of subsection (c) of this section do not apply to prohibit:
(1) Any religious or denominational institution or organization that is operated, supervised or controlled
by a religious or denominational organization from limiting admission or giving preference to persons
of the same religion or denomination or from making such selection of buyers, lessees or tenants as
will promote a bona fide religious or denominational purpose.
(2) An owner or lessee from limiting occupancy of a dwelling unit occupied by such owner or lessee as
their residence.
(3) An owner from limiting occupancy of rooms or dwelling units in buildings occupied by no more than
two households living independently of each other if the owner actually maintains and occupies one (1)
of such rooms or dwelling units as their residence.
(4) An owner or lessor of a housing facility devoted entirely to housing individuals of one (1) sex from
limiting lessees or tenants to persons of that sex, provided that people shall be allowed to use a
housing facility that is consistent with their gender identity.
In housing facilities where undressing in the presence of others occurs, owners or lessors shall make
reasonable accommodations to allow access consistent with an individual's gender identity.
(5) The transfer, sale, rental, lease or development of housing designed or intended for the use of the
physically or mentally disabled, but this exclusion does not permit discrimination on any other basis.
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(6) Discrimination on the basis of pregnancy, parenthood or custody of a minor child in:
a. Any owner-occupied lot containing four (4) or fewer dwelling units;
b. Any residential building in which the owner or lessor publicly establishes and implements a policy
of renting or selling exclusively to persons fifty-five (55) years of age or older, but only as long as
such policy remains in effect;
c. Any dwelling unit rented, leased or subleased for no more than eighteen (18) months while the
owner or lessee is temporarily absent, when the owner or lessee leaves a substantial amount of
personal possessions on the premises;
d. Any residential building located on real estate whose title was, as of November 17, 1981,
encumbered by a restrictive covenant limiting or prohibiting the residence of minor children on
such property, but only so long as such covenant remains in effect; and
e. Up to one-third (⅓) of the buildings in a housing complex consisting of three (3) or more
buildings; for purposes of this subparagraph, housing complex means a group of buildings each
containing five (5) or more units on a contiguous parcel of land owned by the same person or
persons.
(d) Discriminatory public services and accommodation practices prohibited It shall be unlawful for a person
engaged in providing services or accommodations to the public to, directly or indirectly, discriminate against
any other person by refusing to allow the full and equal use and enjoyment of the goods, services, facilities,
privileges, advantages, including accommodations and the terms and conditions under which the same are
made available or to provide adverse, unlawful or unequal treatment to any person in connection therewith.
(e) Enforcement.
(1) The City Attorney shall enforce all provisions of this Chapter.
(2) Notwithstanding any other provisions of Subsection (e)(1), any person residing in the City of Aspen
claiming to be aggrieved by an unlawful discriminatory act shall have a cause of action in any court of
competent jurisdiction for compensatory damages and such other remedies as may be appropriate,
including specifically the issuing of restraining orders and such temporary or permanent injunctions as
are necessary to obtain complete compliance with this Section. In the event any person residing within
the City shall bring a civil action for injunction or to otherwise enforce this Chapter and such person
shall prevail in such action, then th.ey shall be awarded a reasonable attorney's fee and costs of the
action to be paid by the defendant.
(3) Any person residing in the City may bring a civil action authorized pursuant to Subsection (e)(2), above;
provided such person first files with the City Attorney a written request for the City Attorney to
commence action. The request shall include a statement of grounds for believing a cause for action
exists. The City Attorney shall respond within fourteen (14) days after receipt of the request indicating
whether they intend to file a civil action. If the City Attorney indicates in the affirmative and files suit
within thirty (30) days thereafter, no other action may be brought unless the action b rought by the City
Attorney is dismissed without prejudice.
(f) Penalties and civil liability. Any person who violates the provisions of Subsections (b) through (d) hereof shall
be deemed guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding the
maximum amount allowed pursuant to Section 1.04.080 - General penalty for violations of Code; or
imprisonment of not more than one-year or both such fine and imprisonment, at the discretion of the court.
Whenever it appears that the holder of a permit, license, franchise, benefit or advantage, issued by the City
is in violation of this Section, notwithstanding any other action it may take or may have taken under the authority
of the provisions of this Section, the City may take such action regarding the temporary or permanent suspension
of the violator's City business license, permit, franchise, benefit or advantage as it considers appropriate based on
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the facts disclosed to it. In the event that such business license, permit, fr anchise, benefit or advantage is
suspended, the aggrieved party may appeal such action to Aspen City Council.
(g) Elements of proof. Proof of the characteristics of the victim, while admissible to prove intent, and to
determine reasonable accommodation for disabilities, shall not otherwise be required as an element of proof
in and of itself. The essential elements of proof shall be of discriminatory intent or disparate treatment or
disparate impact and a nexus between such intent, or disparate treatment or disparate impact and an action
or refusal or failure to act identified in this chapter.
(h) Applicability of chapter. The requirements of this chapter supplement those imposed by the laws and
regulations of the State of Colorado. If there is a conflict between such requirements, those which provide
more protection for protected individuals shall control.
(i) Statute of limitations. The statute of limitations within which a prosecution must be instituted for a violation
of this Section 15.04.570 shall be tolled for one (1) year from the date the violation is discovered.
(Code 1971, § 13-98; Ord. No. 60-1977, § 1; Ord. No. 15-2024, § 1, 9-24-2024)
Sec. 15.04.580. Endangered species, possession to sell, purchase and sale prohibited.
(a) No person shall buy, possess with intent to sell, sell or offer for sale a native or foreign species or subspecies
of mammal, bird, amphibian or reptile or the dead body or parts thereof, which appears on the Endangered
Species List designated by the United States Secretary of the Interior and published in the Code of Federal
Regulations pursuant to the Endangered Species Act of 1969 (Pub lic Law 135, 91st Congress), as it now exists
or may hereinafter be amended.
(b) The office of the City Attorney shall maintain a current edition of said Endangered Species List and make the
same available for public inspection at all reasonable times.
(c) Subsection (a) above shall not be construed to prevent importation, possession, purchase or sale of any
species by any zoo, circus or museum of natural history, institutes of learning (including elementary and high
schools) or local, state or federal agencies, their employees and agents.
(d) Any product being offered for sale, on or after June 1, 1975, in violation of this Section may be seized by the
police officer acting pursuant to the orders of the City Manager and upon seizure and hearing which sha ll be
promptly held before the City Manager or his or her duly authorized agent, may be destroyed or in
appropriate circumstances be disposed of through zoological, educational or conservation institutions by
order of the City Manager.
(Code 1971, § 13-99; Ord. No. 10-1975, § 1)
Cross reference(s)—Animals and Fowl, Title 6.
Sec. 15.04.590. Prohibition against the sale of furs, waste furs, used furs and fur products
obtained through the use of leg hold traps.
(a) As used in this Section 15.04.590, the following words and phrases shall have the following meanings:
(1) The term fur means any animal skin or part thereof with hair, fleece or fur fibers attached
thereto, either in its raw or processed state, but shall not include such skins as are to be
converted into leather or which in processing shall have the hair, fleece or fu r fiber completely
removed.
(2) The term used fur means fur in any form which has been worn or used by an ultimate consumer.
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(3) The term fur product means any article of wearing apparel made in whole or in part of fur or used
fur; except that such term shall not include such articles as the Federal Trade Commission shall,
from time to time, exempt by reason of the relatively small quantity or value of the fur or used
fur contained therein.
(4) The term waste fur means the ears, throats or scrap pieces which have been severed from the
animal pelt and shall include mats and plates made therefrom.
(5) The term invoice means a written account, memorandum, list or catalog, which is issued in
connection with any commercial dealing in fur products or furs and describes the particulars of
any fur products or furs, transported or delivered to a purchaser, consignee, factor, bailee,
correspondent or agent or any other person who is engaged in dealing commercially in fur
products or furs.
(6) The term steel-jaw leg hold trap means any spring-powered pan- or sear-activated device with
two (2) opposing steel jaws which is designed to capture an animal by snapping closed upon the
animal's limb or part thereof.
(b) It shall be unlawful for a person to knowingly or with wanton disregard for the consequences of his or
her act, at any time, take, sell, purchase or barter or offer to sell, purchase or barter, transport, export
or import or have in possession or under con trol for the purpose of sale or barter any fur, used fur, fur
product or waste fur obtained by the use of a steel -jaw leg hold trap.
(c) All furs, waste furs or fur products offered for sale in the City shall contain a label displaying the
following information in plainly legible English words and numbers:
(1) The name or names of the animal or animals that produced the fur, waste fur, fur product or
used fur; and
(2) The name or other identification issued and registered by the Federal Trade Commission under
the Fur Products Labeling Act (15 USCA Sec. 69) of one (1) or more of the persons who
manufactured such fur, waste fur, fur product or used fur for introduction into commerce,
advertised or offered it for sale in commerce or transported or distributed it in commerce; and
(3) The name of the country or state of origin of any imported fur, waste fur, fur product or used fur.
No furs, waste furs, fur products nor used furs shall be labeled, invoiced or advertised in any
manner which is false, misleading or deceptive in any way.
(d) Any fur, waste fur, fur product or used fur bearing a label indicating that the place of origin is a
country, state or territory which does not ban the steel-jawed leg hold trap shall be presumed to be in
violation of this Section. This presumption may be rebutted by an affidavit or sworn testimony from
the fur producer, trapper or hunter setting forth the place, date and manner of taking the fur -bearing
animal and stating that the affiant has personal knowledge that such fur, waste fur, fur product or used
fur was obtained by means other than the use of a steel-jawed leg hold trap.
(e) It shall be an affirmative defense to any prosecution under this Section that the fur, waste fur, fur
product or used fur was:
(1) The product of a domesticated animal or ranch-raised animal; or
(2) Was obtained by a method other than the steel-jawed leg hold trap.
(f) A current list of countries and states which ban the steel -jawed leg hold trap shall be maintained in the
office of the City Manager and the same shall be made available without cost to any fur dealer who
trades or proposes to trade in furs, waste fur, fur product or used fur in the City.
(g) Any fur, waste fur, fur product or used fur possessed or offered for sale in violation of this Section shall
be subject to seizure and disposition in accordance with an appropriate order of a court of competent
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jurisdiction. At the direction of the City Manager, the City Attorney is hereby authorized to institute
seizure, injunctive, abatement or other appropriate action to prevent, enjoin or abate such violation or
seize and destroy any item possessed or offered for sale in violation of this Section.
(h) This Section shall not prohibit the possession with intent to sell or the sale, purcha se or barter of any
fur, waste fur, fur product or used fur which was imported into the City prior to the effective date of
this Section or the possession or sale thereof by an individual not normally engaged in the sale of such
items, if originally possessed by the seller for his or her own use and so used by the seller prior to the
effective date of this Section.
(i) A violation of this Section 15.04.590 shall be punishable by a fine not exceeding three hundred dollars
($300.00). Each day any violation shall constitute a separate violation.
(Code 1971, § 13-101; Ord. No. 56-1986, § 1)
Sec. 15.04.600. Theft prohibited.
(a) It shall be unlawful for any person to commit a theft. A person commits theft when he or she knowingly
obtains or exercises control over anything of value of another without authorization or by threat or
deception, and:
(1) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(2) Knowingly uses, conceals or abandons the thing of value in such manner as to deprive the other person
permanently of its use or benefit; or
(3) Uses, conceals or abandons the thing of value intending that such use, concealment or abandonment
will deprive the other person permanently of its use and benefit; or
(4) Demands any consideration to which he or she is not legally entitled as a condition of restoring the
thing of value to the other person.
(b) For the purposes of this Section, a thing of value is that of another if anyone other than the defendant has a
possessory or proprietary interest therein.
(c) For the purposes of this Section, the value of the thing involved shall be less than four hundred dollars
($400.00).
(Ord. No. 26-1998, § 1)
Sec. 15.04.620. Theft of services prohibited.
It shall be unlawful for any person to commit a theft of services. A person commits theft of services when he
or she knowingly obtains service from a service provider, including but not limited to a ski or recreational facility, a
cable or phone company or a trash/waste collector, by trick, artifice, deception, trespass, use of an unauthorized
ticket, device or decoder or by any other means without authorization or with the intent to deprive such service
provider of lawful compensation for the services rendered. For the purposes of this Section, the value of the thing
involved shall be less than five hundred dollars ($500.00).
(Ord. No. 2-2003, § 1)
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Sec. 15.04.640. Theft by resale of a lift ticket, coupon or voucher prohibited.
It shall be unlawful for any person to commit a theft by resale of a lift ticket or coupon. Any unauthorized
person who, with intent to profit therefrom, resells or offers to resell any ticket, pass, badge, pin, coupon or other
device which then entitles the bearer to the use, benefit or enjoyment of any skiing service, skiing facility or
recreational facility commits a theft by resale of a lift ticket or coupon. For the purposes of this Section, the value
of the thing involved shall be less than five hundred dollars ($500.00).
(Ord. 2-2003 § 1)
Sec. 15.04.660. Deceptive use of ski or recreational facilities prohibited.
It shall be unlawful for any person to commit a deceptive use of ski or recreational facilities. A person
commits a deceptive use of ski or recreational facilities when he or she knowingly obtains or attempts to obtain
the use, benefit or enjoyment of any skiing service or skiing facility or other recreational facility by any false
pretense, trick or deceptive means, method or device whatsoever.
(Ord. 2-2003 § 1)
Sec. 15.04.680. Use of a false ski or recreational ticket prohibited.
It shall be unlawful for any person to use a false ski or recreational ticket. A person commits a use of a false
ski or recreational ticket when he or she knowingly possesses, offers, uses, presents, sells or gives away any false,
simulated, bogus, spurious, sham, altered, forged, counterfeit, defaced or mutilated ticket, token, pass, badge, pin
or other device which is not genuine and which is not authorized for obtaining the use, benefit or enjoyment of
any skiing service or skiing facility or other recreational facility by the owner, proprietor, lessee, licensee or
operator of such skiing service, skiing facility or other recreational facility.
(Ord. 2-2003 § 1)
Sec. 15.04.700. Making a false ski or recreational ticket.
It shall be unlawful for any person to make a false ski or recreational ticket. A person makes a false ski or
recreational ticket when he or she knowingly falsifies, alters, forges, counterfeits, defaces or mutilates any ticket,
pass, badge, pin or other device entitling the holder thereof to the use, benefit or enjoyment of any skiing service,
skiing facility or other recreational facility or makes or manufactures any simulated, bogus, spurious or sham ticket,
token, pass, badge, pin or other device purporting to entitle the holder thereof to the use, benefit or enjoyment of
any skiing service, skiing facility or other recreational facility.
(Ord. 2-2003 § 1)
Sec. 15.04.720. Prohibitions on BB, air, pellet, paintball and imitation guns.
(a) It shall be unlawful to deface, alter or modify a BB gun, air gun, pellet gun or paintball gun from its original
state in order to make it appear more like a firearm or deadly weapon. This includes, but is not limited to, the
removal, covering or other modification of the orange safety caps, tips or coatings placed on BB guns, air
guns, pellet guns and paintball guns by manufacturers, distributor s or sales personnel.
(b) It shall be unlawful for any person to fire or discharge a BB gun, air gun, pellet gun or paintball gun in the City
limits.
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(1) Exception: Subsection (b) above does not apply to the operation of a BB gun, air gun, pellet gun or
paintball gun on private property when the gun is used in conjunction with a target that is protected by
an appropriate barrier which prevents damage to persons or neighboring property.
(2) Exception: Subsection (b) above does not apply to any business or special event licensed by the City
which is engaged in the operation of BB gun, air gun, pellet gun or paintball gun games or events and
which is operated in a controlled environment and in an appropriate zone or approved location.
(c) It shall be unlawful to sell any person under the age of eighteen (18) a BB gun, air gun, pellet gun or paintball
gun in the City limits.
(d) It shall be unlawful to carry or display a BB gun, air gun, pellet gun, paintball gun or imitation gun in public
areas within the City limits except under the following conditions:
(1) The BB gun, air gun, pellet gun or paintball gun shall be unloaded or otherwise inoperable, and
(2) The BB gun, air gun, pellet gun, paintball gun or imitation gun shall be fully encased or enclosed s o that
no part of the gun is exposed to the public, and
(3) The ammunition or compressed gas cylinders that may be used in the operation of the gun shall be
encased or enclosed in a separate compartment, bag or box.
(e) A Police or Community Safety Officer may seize a BB gun, air gun, pellet gun, imitation gun or paintball gun
when reasonable and probable grounds exist to believe that a criminal offense has been committed with the
gun or when the BB gun, air gun, pellet gun, imitation gun or paintball gun has been used, carried or
displayed recklessly or in violation of these provisions.
(f) For purposes of this Section, the following definitions shall apply:
BB guns, air guns, pellet guns or paintball guns are nonpowder firearms that expel a metallic or plastic
projectile, such as a BB or pellet, through the force of air pressure, CO 2 pressure, pump or spring action, regardless
of the muzzle velocity or are otherwise designated as BB guns, air guns, pellet guns or paintb all guns by the
manufacturer.
Imitation guns are nonfiring replicas of guns or firearms.
Toy guns, which may also be included in the category of imitation guns, encompass a wide range of less
detailed nonfiring replicas of guns or firearms such as, but n ot limited to, cap pistols.
(Ord. No. 22-2004, § 1)
Sec. 15.04.740. Deadly Weapons in City Buildings Prohibited.
(a) No person, other than a peace officer, shall carry, bring, or possess a deadly weapon in the City Council
chambers while the Council is in session.
(b) No person, other than a peace officer, shall carry, bring or possess a deadly weapon in any public buil ding
owned by the City and open to the public if the City Manager has posted a sign to that effect at every public
entrance to the building.
(c) "Deadly weapon" as used herein means:
(1) A firearm, whether loaded or unloaded; or
(2) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate
or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or
serious bodily injury.
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(d) Until such time as C.R.S § 18-12-201, et seq., is repealed or amended or until the City installs such devices
and personnel that restricts entry to City Buildings pursuant to C.R.S. § 18 -12-214(4), this Section shall not
apply to an individual carrying a concealed handgun and who possesses a concealed carry permit issued
pursuant to C.R.S § 18-12-201. Notwithstanding the possession of a concealed carry permit, this Section shall
apply to anyone who openly carries a dangerous weapon, including a handgun.
(Ord. No. 25-2019, § 1, 9-23-2019)
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Maroon Creek Wetlands Restoration
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-193
AGREEMENT made the 19th day of May, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Stutsman-Gerbaz Inc.30376 State Highway 82Snowmass, CO 91654US970-379-0040shay.s@sgearthmoving.co
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date: 05/26/2026
Resolution No.: 2026-074
Exhibit A: Scope of Work and Fee Schedule.
Total:$354,750.00
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1. ScopeofWork. ProfessionalshallperforminacompetentandprofessionalmannertheScopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. ProfessionalshallcommenceWorkimmediatelyuponreceiptofawrittenNoticeto Proceed from the City and complete all phases of the Scope of Work as expeditiously as isconsistent with professional skill and care and the orderly progress of the Work in a timely manner.The parties anticipate that all Work pursuant to this Agreement shall be completed no later than July17, 2026. Upon request of the City, Professional shall submit, for the City's approval, a schedule fortheperformanceofProfessional'sserviceswhichshallbeadjustedasrequiredastheprojectproceeds,and which shall include allowances for periods of time required by the City's project engineer forreview and approval of submissions and for approvals of authorities having jurisdiction over theproject.Thisschedule,whenapprovedbytheCity,shallnot,exceptforreasonablecause,beexceededby the Professional.
3. Payment. Inconsiderationoftheworkperformed,CityshallpayProfessionalonatimeandexpense basis for all work performed. The hourly rates for work performed by Professional shall notexceedthosehourlyratessetforthatExhibitAappendedhereto.Exceptasotherwisemutuallyagreedto by the parties the payments made to Professional shall not initially exceed the amount set forthabove. Professional shall submit, in timely fashion, invoices for work performed. The City shallreviewsuchinvoicesand,iftheyareconsideredincorrectoruntimely,theCityshallreviewthematterwith Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate theProfessional Services component of this Agreement, without specifying the reason therefor, bygivingnotice,inwriting,addressedtotheotherparty,specifyingtheeffectivedateofthetermination.No fees shall be earned after the effective date of the termination. Upon any termination, all finishedor unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports orother material prepared by the Professional pursuant to this Agreement shall become the property ofthe City. Notwithstanding the above, Professional shall not be relieved of any liability to the City fordamages sustained by the City by virtue of any breach of this Agreement by the Professional, andthe City may withhold any payments to the Professional for the purposes of set-off until such timeas the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the partiesthatnothingcontainedinthisagreementshallresultinorbeconstruedasestablishinganemployment
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.City is interested only in the results obtained under this contract. The manner and means ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, onaccount of injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death, property loss or damage, or any other loss of any kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwholeor in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,professional error, mistake, negligence, or other fault of the Professional, any subcontractor of theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional agrees to investigate, handle, respond to, and to provide defense for and defend against,any such liability, claims or demands at the sole expense of the Professional, or at the option of theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and other obligationsassumed by the Professional pursuant to Section 8 above. Such insurance shall be in additionto any other insurance requirements imposed by this contract or by law. The Professionalshall not be relieved of any liability, claims, demands, or other obligations assumed pursuantto Section 8 above by reason of its failure to procure or maintain insurance, or by reason ofits failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages shall be procured and maintained with forms and insurance acceptable to the City.All coverages shall be continuously maintained to cover all liability, claims, demands, and
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other obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph.
(ii)Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.
(iii)Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract.
(c) The policy or policies required above shall be endorsed to include the City and the City'sofficers and employees as additional insureds. Every policy required above shall be primaryinsurance, and any insurance carried by the City, its officers or employees, or carried by orprovided through any insurance pool of the City, shall be excess and not contributoryinsurance to that provided by Professional. No additional insured endorsement to the policyrequired above shall contain any exclusion for bodily injury or property damage arising fromcompleted operations. The Professional shall be solely responsible for any deductible lossesunder any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. The
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certificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive orintend to waive by any provision of this contract, the monetary limitations (presently$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, andprotections provided by the Colorado Governmental Immunity Act, Section 24-10-101 etseq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or itsemployees.
10. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
12. Notice. Anywrittennoticesascalledforhereinmaybehanddeliveredormailedbycertifiedmail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,or condition to be performed by Professional to which the same may apply and, until completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
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(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal yearare contingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meet itsobligations herein, this Agreement shall be contingent upon the availability of those funds forpayment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,representations or covenants can be modified, changed, terminated or amended, waived,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timetotimeineffect. VenueisagreedtobeexclusivelyinthecourtsofPitkinCounty,Colorado.
19. Electronic Signatures and Electronic Records. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, andall of which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing anelectronic signature, on the grounds that it is an electronic record or electronic signature or that itis not in its original form or is not an original.
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20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure tothe benefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City nor theProfessional shall have the right to assign, transfer or sublet its interest or obligations hereunderwithout the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to conferupon or grant to any third party or parties, except to parties to whom Professional or City mayassign this Agreement in accordance with the specific written permission, any right to claimdamages or to bring any suit, action or other proceeding against either the City or Professionalbecause of any breach hereof or because of any of the terms, covenants, agreements or conditionsherein contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of theprovisions of this Agreement, the prevailing party shall be entitled to its costs and reasonableattorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through themutual efforts of the parties hereto and the parties agree that no construction shall be made orpresumption shall arise for or against either party based on any alleged unequal status of the partiesin the negotiation, review or drafting of the Agreement.
24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presentlydebarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fromparticipation in any transaction with a Federal or State department or agency. It further certifiesthat prior to submitting its Bid that it did include this clause without modification in all lower tiertransactions, solicitations, proposals, contracts and subcontracts. In the event that Professional orany lower tier participant was unable to certify to the statement, an explanation was attached tothe Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documentsshall constitute the contract between the parties and supersedes or incorporates any prior writtenand oral agreements of the parties. In addition, Professional understands that no City official oremployee, other than the Mayor and City Council acting as a body at a council meeting, hasauthority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City.Any such Agreement or modification to this Agreement must be in writing and be executed by theparties hereto.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm is defined in Colorado law, including but not limited to websites, applications, software,videos, and electronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with the
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Services hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
27. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
28. Authorized Representative. The undersigned representative of Professional, as aninducement to the City to execute this Agreement, represents that he/she is an authorizedrepresentative of Professional for the purposes of executing this Agreement and that he/she hasfull and complete authority to enter into this Agreement for the terms and conditions specifiedherein.
29. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement of which shall be deemed an original on the date first writtenabove.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
_____________________________ _______________________________[Signature] [Signature]
By: __________________________ By: ____________________________
Title: _________________________ Title: ___________________________
Date: _________________________ Date: ___________________________
Approved as to form:
_______________________________City Attorney’s Office
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Chief Financial Officer
5/19/2026 | 3:07:15 PM MDT
Adam Fortier
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EXHIBIT A: SCOPE OF WORK AND FEE SCHEDULE
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Cozy Point Agricultural Irrigation Upgrade
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-184
AGREEMENT made the 11th day of May, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Victory Permaculture LLCDBA Victory Irrigation52 High StreetJamestown, CO 80455US720-934-6431michael@victorypermaculture.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.
Total:$119,674.65
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The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, ormaterials as described in Exhibit A, appended hereto and by this reference incorporated herein,for the sum of set forth above.
2. Delivery. (FOB City of Aspen 210 Juniper Hill Rd Aspen, Co 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same arelisted in the Invitation to Bid or Request for Proposals and said Contract Document are herebymade a part of this Agreement as if fully set out at length herein.
4. Warranties. N/A.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to thebenefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City northe Professional shall have the right to assign, transfer or sublet its interest or obligationshereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a writtenNotice to Proceed from the City and complete all phases of the Scope of Work asexpeditiously as is consistent with professional skill and care and the orderly progress of theWork in a timely manner. The parties anticipate that all Work pursuant to this Agreementshall be completed no later than June 30, 2026, with the installation and operation of all theequipment no later than June 30, 2026. Upon request of the City, Professional shall submit, forthe City's approval, a schedule for the performance of Professional's services which shall beadjusted as required as the project proceeds, and which shall include allowances for periods oftime required by the City's project engineer for review and approval of submissions and forapprovals of authorities having jurisdiction over the project. This schedule, when approved bythe City, shall not, except for reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time andexpense basis for all work performed. The hourly rates for work performed by Professionalshall not exceed those hourly rates set forth at Exhibit A appended hereto. Except asotherwise mutually agreed to by the parties the payments made to Professional shall notinitially exceed the amount set forth above. Professional shall submit, in timely fashion,invoices for work performed. The City shall review such invoices and, if they are considered
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incorrect or untimely, the City shall review the matter with Professional within ten days fromreceipt of the Professional's bill.
9. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience
11. TerminationofProfessionalServices.TheProfessionalortheCitymayterminatetheProfessionalServices component of this Agreement, without specifying the reason therefor, by giving notice, inwriting, addressed to the other party, specifying the effective date of the termination. No fees shall beearned after the effective date of the termination. Upon any termination, all finished or unfinisheddocuments, data, studies, surveys, drawings, maps, models, photographs, reports or other materialprepared by the Professional pursuant to this Agreement shall become the property of the City.Notwithstanding the above, Professional shall not be relieved of any liability to the City for damagessustained by the City by virtue of any breach of this Agreement by the Professional, and the City maywithhold any payments to the Professional for the purposes of set-off until such time as the exactamount of damages due the City from the Professional may be determined
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties thatnothing contained in this agreement shall result in, or be construed as establishing an employmentrelationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.City is interested only in the results obtained under this contract. The manner and means ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with, and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
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account of injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death, property loss or damage, or any other loss of any kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwholeor in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,professional error, mistake, negligence, or other fault of the Professional, any subcontractor of theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional agrees to investigate, handle, respond to, and to provide defense for and defend against,any such liability, claims or demands at the sole expense of the Professional, or at the option of theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and otherobligationsassumedbytheProfessionalpursuanttoSection8above.Suchinsuranceshall be in addition to any other insurance requirements imposed by this contract orby law. The Professional shall not be relieved of any liability, claims, demands, orother obligations assumed pursuant to Section 8 above by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure or maintaininsurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages shall be procured and maintained with forms and insurance acceptable to the City.All coverages shall be continuously maintained to cover all liability, claims, demands, andother obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Independent Contractor Status Form on file with Procurement.
(ii)Commercial General Liability insurance with minimum combined singlelimits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWOMILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable toallpremisesandoperations.Thepolicyshallincludecoverageforbodilyinjury,broadform property damage (including completed operations), personal injury (includingcoverage for contractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall include coverage
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for explosion, collapse, and underground hazards. The policy shall contain aseverability of interests provision.
(c) The policy or policies required above shall be endorsed to include the City andthe City's officers and employees as additional insureds. Every policy required aboveshall be primary insurance, and any insurance carried by the City, its officers oremployees, or carried by or provided through any insurance pool of the City, shall beexcess and not contributory insurance to that provided by Professional. No additionalinsured endorsement to the policy required above shall contain any exclusion forbodilyinjuryorpropertydamagearisingfromcompletedoperations.TheProfessionalshallbesolelyresponsibleforanydeductiblelossesunderanypolicyrequiredabove.
(d) The certificate of insurance provided by the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. Thecertificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
(g) The parties hereto understand and agree that City is relying on and does not waive orintend to waive by any provision of this contract, the monetary limitations or any other rights,immunities, and protections provided by the Colorado Governmental Immunity Act, Section24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, itsofficers, or its employees. City's Insurance. The parties hereto understand that the City is amember of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as suchparticipates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manualare kept at the City of Aspen Risk Management Department and are available to Professionalfor inspection during normal business hours. City makes no representations whatsoever withrespect to specific coverages offered by CIRSA. City shall provide Professional reasonablenotice of any changes in its membership or participation in CIRSA.
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15. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certifiedmail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.The foregoing provisions shall be incorporated in all subcontracts hereunder.
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19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,or condition to be performed by Professional to which the same may apply and, until completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;
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3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year arecontingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meetits obligations herein, this Agreement shall be contingent upon the availability of thosefunds for payment pursuant to the terms of this Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,representations or covenants can be modified, changed, terminated or amended, waived,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timeto time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. ElectronicSignaturesandElectronicRecords. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, and allof which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing an
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electronic signature, on the ground that it is an electronic record or electronic signature or that it isnot in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm is defined in Colorado law, including but not limited to websites, applications, software,videos, and electronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with theServices hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
27. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement in three copies each of which shall be deemed an original on thedate first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________[Signature] [Signature]
By: _____________________________ By: _____________________________[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________City Attorney’s Office
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5/11/2026 | 1:01:15 PM MDT
Owner
Michael Box
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EXHIBIT A
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2026 Fleet Replacement Two Police F150s
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT
City of Aspen Contract No.: 2026-168
AGREEMENT made 2026-04-23.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Ken Garff Ford Greeley4901 W 29th StGreeley, CO 80634US9702367129jwieneke@kengarff.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: List of supplies, equipment, or materials to be purchased.Exhibit B: State of Colorado Price Agreement Contract Number 202643
Total:$104,712.00
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1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit AThe City and Vendor agree as set forth below.
1. Delivery. (FOB City of Aspen)[Delivery Address]
2. Contract Documents. This Agreement shall include all Contract Documents as thesame are listed in the Invitation to Bid and said Contract Document are hereby madea part of this Agreement as if fully set out at length herein.
3. Warranties. See Exhibit A/B.
4. Successors and Assigns. This Agreement and all of the covenants hereof shall inure tothe benefit of and be binding upon the City and the Vendor respectively and theiragents, representatives, employee, successors, assigns and legal representatives.Neither the City nor the Vendor shall have the right to assign, transfer or sublet itsinterest or obligations hereunder without the written consent of the other party.
5. Third Parties. This Agreement does not and shall not be deemed or construed to conferupon or grant to any third party or parties, except to parties to whom Vendor or Citymay assign this Agreement in accordance with the specific written permission, anyright to claim damages or to bring any suit, action or other proceeding against eitherthe City or Vendor because of any breach hereof or because of any of the terms,covenants, agreements or conditions herein contained.
6. Waivers. No waiver of default by either party of any of the terms, covenants orconditions hereof to be performed, kept and observed by the other party shall beconstrued, or operate as, a waiver of any subsequent default of any of the terms,covenants or conditions herein contained, to be performed, kept and observed by theother party.
7. Agreement Made in Colorado. The parties agree that this Agreement was made inaccordance with the laws of the State of Colorado and shall be so construed. Venue isagreed to be exclusively in the courts of Pitkin County, Colorado.
8. Attorney’s Fees. In the event that legal action is necessary to enforce any of theprovisions of this Agreement, the prevailing party shall be entitled to its costs andreasonable attorney’s fees.
9. Waiver of Presumption. This Agreement was negotiated and reviewed through themutual efforts of the parties hereto and the parties agree that no construction shall bemade orpresumptionshall arise fororagainst eitherpartybasedonanyallegedunequalstatus of the parties in the negotiation, review or drafting of the Agreement.
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10. Certification Regarding Debarment, Suspension, Ineligibility, and VoluntaryExclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor itsprincipals is presently debarred, suspended, proposed for debarment, declaredineligible or voluntarily excluded from participation in any transaction with a Federalor State department or agency. It further certifies that prior to submitting its Bid that itdid include this clause without modification in all lower tier transactions, solicitations,proposals, contracts and subcontracts. In the event that Vendor or any lower tierparticipant was unable to certify to the statement, an explanation was attached to theBid and was determined by the City to be satisfactory to the City.
11. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A)Vendor warrants that no person or selling agency has been employed or retained to solicitor secure this Contract upon an agreement or understanding for a commission, percentage,brokerage, or contingent fee, excepting bona fide employees or bona fide establishedcommercial or selling agencies maintained by the Vendor for the purpose of securingbusiness.
(B)Vendor agrees not to give any employee of the City a gratuity or any offer of employmentin connection with any decision, approval, disapproval, recommendation, preparation ofany part of a program requirement or a purchase request, influencing the content of anyspecification or procurement standard, rendering advice, investigation, auditing, or in anyother advisory capacity in any proceeding or application, request for ruling, determination,claim or controversy, or other particular matter, pertaining to this Agreement, or to anysolicitation or proposal therefore.
(C)Vendor represents that no official, officer, employee or representative of the City duringthe term of this Agreement has or one (1) year thereafter shall have any interest, direct orindirect, in this Agreement or the proceeds thereof, except those that may have beendisclosed at the time City Council approved the execution of this Agreement.
(D)In addition to other remedies it may have for breach of the prohibitions against contingentfees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a vendor, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Vendor; and4. Recover such value from the offending parties.
12. Termination for Default or for Convenience of City. The sale contemplated by thisAgreement may be canceled by the City prior to acceptance by the City whenever forany reason and in its sole discretion the City shall determine that such cancellation isin its best interests and convenience.
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13. Fund Availability. Financial obligations of the City payable after the current fiscalyear are contingent upon funds for that purpose being appropriated, budgeted andotherwise made available. If this Agreement contemplates the City using state orfederal funds to meet its obligations herein, this Agreement shall be contingent uponthe availability of those funds for payment pursuant to the terms of this Agreement.
14. City Council Approval. If this Agreement requires the City to pay an amount of moneyin excess of $100,000.00 it shall not be deemed valid until it has been approved by theCity Council of the City of Aspen.
15. Non-Discrimination. No discrimination because of race, color, creed, sex, maritalstatus, affectional or sexual orientation, family responsibility, national origin, ancestry,handicap, or religion shall be made in the employment of persons to perform under thisAgreement. Vendor agrees to meet all of the requirements of City’s municipal code,section 13-98, pertaining to nondiscrimination in employment. Vendor further agreesto comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957,as amended and other applicable state and federal laws respecting discrimination andunfair employment practices.
Any business that enters into a contract for goods or services with the City of Aspen or any of itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.(c) Incorporate the foregoing provisions in all subcontracts hereunder.
16. Integration and Modification. This written Agreement along with all ContractDocuments shall constitute the contract between the parties and supersedes orincorporates any prior written and oral agreements of the parties. In addition, vendorunderstands that no City official or employee, other than the Mayor and City Councilacting as a body at a council meeting, has authority to enter into an Agreement or tomodify the terms of the Agreement on behalf of the City. Any such Agreement ormodification to this Agreement must be in writing and be executed by the partieshereto.
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17. Authorized Representative. The undersigned representative of Vendor, as aninducement to the City to execute this Agreement, represents that he/she is an
authorized representative of Vendor for the purposes of executing this Agreement andthat he/she has full and complete authority to enter into this Agreement for the termsand conditions specified herein.
18. ElectronicSignaturesandElectronicRecords This Agreement and anyamendmentshereto may be executed in several counterparts, each of which shall be deemed anoriginal,andallofwhichtogethershallconstituteoneagreementbindingontheParties,notwithstanding the possible event that all Parties may not have signed the samecounterpart. Furthermore, each Party consents to the use of electronic signatures byeither Party. The Scope of Work, and any other documents requiring a signaturehereunder, may be signed electronically in the manner agreed to by the Parties. TheParties agree not to deny the legal effect or enforceability of the Agreement solelybecause it is in electronic form or because an electronic record was used in itsformation. The Parties agree not to object to the admissibility of the Agreement in theform of an electronic record, or a paper copy of an electronic documents, or a papercopyofadocumentbearinganelectronicsignature,onthegroundthatitisanelectronicrecord or electronic signature or that it is not in its original form or is not an original.
19. The Professional in performing the Services hereunder must comply with all applicableprovisions of Colorado laws for persons with disability, including the provisions of§§24-85-101,et seq., C.R.S., and the Rules Establishing Technology AccessibilityStandards, as established by the Office Of Information Technology pursuant to Section§24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that useinformation and communication technology, as the term is defined in Coloradolaw, including but not limited to websites, applications, software, videos, andelectronic documents must also comply with the latest version of Level AA of the WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that theinformation and communication technology used, created, developed, or procured inconnection with the Services hereunder meets these standards, Professional may berequired to demonstrate compliance. The Professional shall indemnify the CITYpursuant to the Indemnification section above in relation to the Professional’s failuretocomplywith§§24-85-101,etseq.,C.R.S.,ortheTechnologyAccessibilityStandardsfor Individuals with a Disability as established by the Office of InformationTechnology pursuant to Section §24-85-103(2.5).
20. Order of Precedence of Contract Documents. The terms and conditions set forth inthe City of Aspen Standard Form of Agreement establish the rights, obligations, andremedies of the parties. No additional or different terms or conditions, whethercontained in bid packets, documents, order forms, or any other document orcommunication pertaining to the agreement will be binding upon the City of Aspenunless accepted in writing by an authorized representative of the City. In the case ofconflicts or inconsistencies between the City of Aspen Standard Form of Agreement
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and any other document attached thereto which cannot be resolved by giving effect toboth provisions, the City of Aspen Standard Form of Agreement shall control.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreementto be duly executed the day and year first herein, of which, to all intents and purposes, shall beconsidered as the original.
FOR THE CITY OF ASPEN:
By: ___________________________
_______________________________Date
_______________________________City Attorney’s Office
SUPPLIER:
___________________________
By:________________________________
___________________________________Title
___________________________________Date
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commercial Account Manager
John Wieneke
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