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HomeMy WebLinkAboutordinance.council.030-94 .le". \'jl '\"-' rei,. \\\ "Il. . ORDINANCE NO. 30 (SERIES OF 1994) AN ORDINANCE OF THE CITY COUl'rCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 22 OF THE MUNICIPAL CODE, TRAFFIC AND MOTOR VEHICLES, AND ESTABLISHING A RESIDENTIAL PERMIT PARKING PROGRAM. WHEREAS, the City Council previously adopted the Municipal Code of the City of Aspen, Chapter 22, Traffic and Motor Vehicles; and WHEREAS, the City Council has determined that the residential neighborhoods are adversely affected by the degradation of air quality, increased traffic congestion, and noise which result from the use of the on-street parking in these neighborhoods by motorists whose business is primarily in the commercial core; and WHEREAS, the City Council desires to avoid an increased use of the on-street parking in residential neighborhoods by motorists avoiding the use of commercial core meter-regulated or other paid parking options; and WHEREAS, the City Council desires to reduce the motor vehicle miles traveled in the city by encouraging commuters to utilize forms of transportation which are less polluting per person than private automobiles and, in those instances where people must use a private automobile, encouraging high occupancy of vehicles, thereby reducing congestion and assisting in the attainment of national and state ambient air quality standards; and WHEREAS, the Aspen Area Community Plan recommends that a system of residential parking permits be instituted in order to preserve the quality of life and character in the residential neighborhoods; and WHEREAS, the City Council has determined that in order to successfully implement the Aspen Transportation Implementation Plan, it will be critical that viable alternatives (including the operation of an intercept lot with shuttle service to and from town) be in place before the paid parking and residential permit parking programs begin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That the Municipal Code of the City of Aspen, Chapter 22, Traffic and Motor Vehicles, is hereby amended by the addition of Article V, Residential Permit Parking (RPP) Program, as follows: '~e 1f \( " tit ~.1 .j, '<" Article V - Residential Pennit Parking Program Section 22-50: Residential Pennit Zones Established. Section 22-50.1: Residential Permit Zone Map. The City Manager or designee shall determine which residential areas of the city would benefit by inclusion in a Residential Permit Zone (RPZ). The City Manager shall designate the bound- aries of each zone, identifying each zone by a letter (Zone A, Zone B, Zone C, and so on as necessary), and cause a map to be published showing the zone boundaries (Official Aspen Residential Permit Parking Program Map or RPPP Map). Section 22-50.2: High Occupancy Vehicle (HOV) Zones. In order to provide preferential parking for High Occupancy Vehicles (HOVs), the City Manager shall also designate HOV Zones which shall also be identified on the RPPP Map. Section 22-50.3: Modification of Zones. If the City Manager determines that modifying the boundaries of an established parking zone or establishing a new parking zone is in the public interest, the City Manager shall designate the boundaries thereof and hold a public meeting after giving ten days notice of the same by publication in a daily newspaper of general circulation within the city. After such meeting, the City Manager may reconsider the propriety of the designated zones or may adjust the boundaries thereof. If the City Manager determines to modify an existing zone or to create a new zone, the City Manager shall cause a revised RPPP Map to be published showing the revised or new zones. Section 22-51: Pennit Types. The following permit types are established: Section 22-51.1: Resident Permit. One Resident Permit shall be issued, upon payment of the prescribed fee, for each vehicle owned by a person residing within a residential permit parking zone. One Resident Permit shall be issued, upon payment of the prescribed fee, for anyone vehicle either owned by a business located within a residential permit parking zone and holding a currently valid City of Aspen business license, or owned by a qualified non-profit institution located within a residential permit parking zone. An applicant for a permit shall present: (a) evidence that the motor vehicle is in compliance with the county clean air program, (b) his/her current motor vehicle registration, and (c) a current operator's license with the application. No permit shall be issued in the event that either the registration or license shows an address not within the RPZ unless the applicant demonstrates to the satisfaction of the City Manager that the applicant is, in fact, a resident of the RPZ and that the vehicle is used primarily by him/her. ~e', ~ ~ ~e. "i <.. 'It'." ~" '" Section 22-51.2: Residential Guest Permit. One Residential Guest Permit shall be provided, upon payment of the prescribed fee if any, to each residential, business or qualified non-profit institution address receiving at least one Resident Permit within an RPZ, subject to the following conditions: Residential Guest Permits shall be issued for the exclusive use of Resident Permit holders' guests only during periods when the guests are actually visiting at a Resident Permit holder's address. Residential Guest Permits shall display the host resident's Resident Permit number. Residents shall instruct their guests in the proper display and use of the guest permit. Residential Guest Permits issued to business or non-profit institution guests within an RPZ shall be valid only while the guest is actually engaged in business at a Resident Permit holder's business or institution address. Residential Guest Permits issued to businesses or institutions within an RPZ shall display the host business's or institution's Resident Permit number. Businesses or institutions shall instruct their guests in the proper display and use of the guest permit. Residential Guest Permits may also be issued directly to guests by the Transportation Department subject to reasonable conditions imposed by the Transportation Director. Section 22-51.3: Lodge Guest Permit. Lodge Guest Permits shall be issued, upon payment of the prescribed fee, to lodges within an RPZ for the exclusive use of lodge guests during their period of stay at the lodge. Lodge employees shall fill-out the Lodge Guest Permit completely, using permanent ink, and instruct their guests in the proper display and use of the Lodge Guest Permit. The Lodge Guest Permit shall be valid either: (a) only during the guest's stay at the lodge, or (b) for 7 days from the date of issue to the guest, whichever is less. Lodge Guest Permits may also be issued to individuals with unusual or special needs at the discretion of the Transportation Director. The Transportation Director shall annually report to the City Manager an inventory of all Lodge Guest Permits so issued. Section 22-51.4: High Occupancy Vehicle (HOV) Permit. HOV permits shall be issued to vehicles with 3 or more occupants for use on the day of issue only. Section 22-51.5: Day Pass Permit. Day Pass Permits shall be available for any motor vehicle upon payment of the prescribed daily fee. tit,. '" "~ ~, . ('.,. ~ '\~, Section 22-51.6: Business Vehicle Permit. To avoid placing an onerous burden upon businesses located within the commercial core that require a vehicle for deliveries, Business Vehicle Permits shall be made available, upon payment of the prescribed fee, to allow business delivery vehicles to park in the residential permit zones. Businesses shall be required to justify a Business Vehicle Permit for business delivery use (other than simply commuting) and adhere to strict qualifications. Businesses shall also be required to use the designated loading zones in the commercial core, or to otherwise pay the hourly fee for parking. Section 22-52: General Provisions: Section 22-52.1: Permits Non-Transferable. Permits, except the Residential Guest Permit, shall not be transferable, and may be revoked in the event the Transportation Department determines that the owner of the vehicle or the vehicle itself for which a permit has been issued no longer meets the eligibility requirements of Section 22-51. Upon no longer meeting the eligibility requirements, the holder of the permit shall surrender such permit to the Transportation Department. Section 22-52.2: Falsely Obtaining Permits Prohibited. It shall be unlawful for any person falsely to represent himself as eligible for a permit under this division or to furnish any false information in, or in conjunction with, an application for a residential parking permit. Section 22-53: Parkin!! Restrictions: Section 22-53.1: Hours of Enforcement. The parking restrictions stipulated below shall be enforced from 8 a.m. until 6 p.m. Monday through Friday (official holidays excepted), unless otherwise specified. Section 22-53.l.; Resident Permits Restricted by Zone. Resident Permits shall be valid only in the same Residential Permit Parking Zone in which the residence, business, or qualified institution is located. Section 22-533: Residential Guest Permits Restricted by Zone. The Residential Guest Permit shall be valid only in the same Residential Permit Parking Zone in which the host residence, business, or qualified institution is located. Ie Section 22-53.~ Lodge Guest Permits Restricted by Zone. The Lodge Guest Permit shall be valid only in the same Residential Permit Parking Zone in which the host lodge is located. we. Iti. '\", ~. ~i,< Section 22-53.S: Reserved Parking Areas. In any area designated as a residential permit zone, which is posted as No Parking with certain permits exempt, it shall be unlawful for any person to park any motor vehicle on the street between the posted hours unless there is affixed to windshield of such motor vehicle a valid parking permit corresponding to the permits which are posted as exempt; provided, however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. Section 22-53.6: Time Restricted Parking Areas in Residential Permit Zones. In any area designated as a residential permit zone, which is posted as Time Restricted with certain permits exempt, it shall be unlawful for any person to park any motor vehicle on the street longer than the posted time limit unless there is a valid and properly-displayed parking permit on the vehicle corresponding to the permits which are posted as exempt; provided, however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. Section 22-53.,. High Occupancy Vehicle (HOV) Parking Areas in Residential Permit Zones. In any area designated as a high occupancy vehicle permit zone, it shall be unlawful for any person to park any motor vehicle during the posted hours of enforcement, unless there is a valid HOV parking permit properly displayed on the vehicle; or provided, however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. After the posted hours of enforcement, the HOV area shall be enforced as a Time Restricted area as described in 22-53.5 above. Section 22-53.fil: Time Restricted Parking Areas Outside of Residential Permit Zones. In any area not designated as a residential permit zone, which is posted as Time Restricted, it shall be unlawful for any person to park any motor vehicle on the street longer than the posted time limit unless there is a valid and properly-displayed service vehicle, handicap, or other authorizing parking permit on the vehicle; provided, however, that the provisions of this section shall not apply to emergency, government, delivery, or service vehicles while engaged in such delivery or service. _ Section 22-53.': Loading Zones. In any area designated as a loading zone, it shall be unlawful for any person to park any vehicle longer than 1/2 hour or for the duration of active loading/unloading, whichever is less, unless there is a valid and properly-displayed Service Vehicle Permit; provided, however, that the provisions of this section shall not apply to marked delivery, service, or lodge van vehicles while actively engaged in such delivery or service. Section 22-53.9: No Exemption Created. Display of any of the permits referenced in Section 22-51 above shall not exempt a vehicle from the provisions of Chapter 22 of the Municipal Code of the City of Aspen, Traffic and Motor Vehicles. Display of permit does not convey any privileges other than that of exceeding the posted time limit in designated areas. It does not authorize parking in any other restricted or prohibited zone or parking space. Section 22-53.10: No Guarantee of Parking Space. Display of any of the permits referenced in Section 22-51 above shall not guarantee or reserve a parking space. ,. ~. e' i\ \\; \!\..., - e, \\\ , ")~ Section 2: That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3: That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: A public hearing on the Ordinance shall be held on June 27, 1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Ie' ~i, '''" INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /3 day of r_ <? ~ ' 1994. OL_~~ Jt[~nnett, Mayor ATTEST: / '/. - / '. 04- och, City Clerk Kathryn S.; ~LY adopted, 1994. passed and approved this d?'1~ day of ()4- (>~~ JoHn Bennett, Mayor ATTEST: t;fQ te Kathryn S.