HomeMy WebLinkAboutordinance.council.10-26ORDINANCE 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
Ordinance 10, Series of 2026
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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 $3 00.00 and/or ten days in j ail, 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.
Ordinance 10, Series of 2026
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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 261h 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 Clem Rachael Richards, Mayor
FINALLY, adopted, passed and approved this 26th day of May, 2026.
Rachael Ricllards, Mayor
ATTEST: APPROVED AS TO FORM:
Nicole Henning, City Clerk
K harine John ,City Attorney
Ordinance 10, Series of 2026
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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 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, 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.