HomeMy WebLinkAboutordinance.council.012-88
ORDINANCE NO. /~
(series of 1988)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ENACTING A NEW SECTION 19-
57 OF THE ASPEN MUNICIPAL CODE LIMITING THE USE OF PUBLIC
STREETS, ALLEYS AND SIDEWALKS FOR CONSTRUCTION MATERIALS
WHEREAS, in recent years, an increasing amount of construc-
tion activity has been spilling over from the traditional spring,
summer and fall building seasons into the winter season; and
WHEREAS, when construction activity takes place during the
winter season, it can be hazardous to residents of and visitors
to the City of Aspen for the following reasons:
1) Materials or equipment may be stored in public streets,
making snow removal difficult and impeding the safe
flow of traffic.
2) Sidewalks may be blocked, causing pedestrians to have
to walk in the street, interfering with traffic and
placing the pedestrian in danger.
and
WHEREAS, due to the recent volume of construction activity
during the summer season, the following additional problems have
been experienced and can be expected to continue in Aspen:
1) Materials and equipment stored in streets can eliminate
much needed parking spaces during peak demand periods.
2) Materials stored in a public right-of-way may con-
stitute an unattractive public nuisance which is
undesirable in a resort community.
and
WHEREAS, the Aspen City Council wishes to limit the use of
public streets, alleys and sidewalks for construction materials
to avoid the above-listed problems.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That it does hereby enact a new section 19-57 of the Aspen
Municipal Code to read as follows:
19-57 LIMITATIONS ON USE OF PUBLIC STREETS, ALLEYS AND
SIDEWALKS FOR CONSTRUCTION MATERIALS
A. Purpose
It shall be the purpose of this section to regulate the use
of public streets, alleys and sidewalks for construction
material storage and placement of pedestrian barricades.
This regulation is intended to insure adequate snow removal
in City streets, alleys and sidewalks, allow for safe flow
of pedestrian and vehicular traffic and maintain the image
of Aspen as a resort community, while also accommodating
construction activity.
B. Definitions
1. Construction material storage means parking of
construction trailers or construction equipment,
storage of construction materials for any purpose
other than unloading or placement of any structure
which is typically accessory to construction
activity.
2. Pedestrian barricades means any structure
authorized by the City Engineer to permit the safe
passage of pedestrians past construction sites.
3. Paved street means that portion of the right-of-
way between curbs or drainage swales.
4. Sidewalk means that portion of the right-of-way
between a curb or drainage swale and a property
line.
C. Limitations
1. The following limitations shall be enacted on the
use of the public right-of way during the period
of November 15 to April 15.
a. Storage of construction materials shall be
prohibi ted in all paved streets, in alleys
and in sidewalks in the City of Aspen.
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b. Placement of pedestrian barricades shall be
prohibited in all paved streets and in alleys
in the city of Aspen.
c. Placement of pedestrian barricades shall be
permitted in sidewalks in the city of Aspen
by obtaining a permit from the City Engineer.
2. The following limitations shall be enacted on the
use of the public right-of-way during the period
of April 16 to November 14.
a. storage of construction materials shall be
prohibited in all paved streets and in alleys
in the city of Aspen.
b. storage of construction materials shall be
permitted in sidewalks in the city of Aspen
by obtaining a permit from the City Engineer.
c. Placement of pedestrian barricades shall be
permitted in paved streets, in alleys and in
sidewalks in the city of Aspen by obtaining a
permit from the City Engineer.
D. Permits
1. The city Engineer shall have sole responsibility
for issuance of permits pursuant to this section.
2. In determining whether to issue a permit, the city
Engineer shall consider the following.
a. For the placement of pedestrian barricades
in the public right-Of-way, the applicant
shall demonstrate that the barricade: cannot
be functionally located on private property;
provides for safe passage of pedestrians;
will be maintained in a usable, safe and
attractive manner; and is located so as to
minimize the loss of public parking spaces to
the extent practicable.
b. For the storage of construction materials in
a sidewalk, the applicant shall: demonstrate
that the materials cannot be functionally
located on private property; provide a
pedestrian walkway to replace the sidewalk
when it is blocked by construction materials;
and insure that the period of storage is the
minimum necessary to accomplish necessary
construction activities.
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Section 2
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 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
section 4
A public hearing on the Ordinance shall be held on the
day of
, 1988, at 5:00 P.M. in the City council
Chambers, Aspen city Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the city council of the City of Aspen on the
day of
, 1988.
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william L. St1r ing, yor
ATTEST:
KathrYn S. Koch, City Clerk
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FINALLY, adopted, passed and approved this c25~ day of
al}1~L'
, 1988.
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william L. stirling, May r
ATTEST:
KathrYn S. Koch, City Clerk
AR.ORD1957
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