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Home My WebLink Aboutordinance.council.062-94 .'~~"" '. I'e., (~ \~ ~ '~,' "i_ ORDINANCE NO. ~ Series of 1994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING PORTIONS OF THE MODEL TRAFFIC CODE REGARDING PARKING METERS AND PARKING REGULATION AND ENFORCEMENT; DECLARING UNATTENDED CAR ALARMS A PUBLIC NUISANCE; AND PRESCRIBING PROCEDURES FOR THE ABATEMENT THEREOF. WHEREAS, The city of Aspen is implementing a comprehensive program for parking control within the city; and WHEREAS, as a part of the city's parking control program, the city has installed "pay and display" parking meters each of which regulates parking in more than one parking space; and, WHEREAS, effective enforcement of parking regulations in the city will be facilitated by revision and amendment of the current edition of the Model Traffic Code; and, WHEREAS, loud and offensive car alarms are an increasing nuisance in the city, requiring control; and, WHEREAS, the City Council of the City of Aspen specifically finds that the subjects of this ordinance are matters of local concern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Amendment of Model Traffic Code. That Section 22-2(b) of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: (B) Additions or modifications. The said adopted code is subject to the following additions or modifications: (1) Section 10-2. Model Traffic Code Section 10-2 is hereby amended to read as follows: Ill", tD 1.0 ",< (2) (3) "~- Ill,.". ~\< 'e ~', I;:! ~~_\~~ "section 10.2. Obedience to angle parking signs or markings. On those streets which have been approved and signed or marked for angle park- ing, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings; and such vehicle shall be so parked with its front wheel no more than six (6) inches from the curb." Section 10-5. Model Traffic Code section 10-5 is hereby amended to read as follows: "Section 10-5. Parking not to obstruct traf- fic or maintenance. No person shall park any vehi- cle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance or to leave any vehicle parked at the same place, or substantially the same place, for a period of seventy-two (72) hours." Section 11-1. Model Traffic Code Section 11-1 is hereby amended to read as follows: "section 11-1. stopping, standing or parking in specified places. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with directions of a duly authorized officer or traffic control device, in any of the following places: (1) On a sidewalk; (2) within five (5) feet of a public or private driveway or alleyway; (3) within an intersection; (4) within five (5) feet of a fire hydrant; (5) On a crosswalk; (6) within twenty (20) feet of a cross walk at an intersection; (7) within thirty (30) feet of the approach to any flashing beacon, stop sign, or traffic control signal located at the side of the roadway; (8) In alleyways except during the necessary and expeditious loading and unloading of merchand- ise or freight; (9) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs and markings; (10) within fifty (50) feet of the nearest rail of a railroad; (11) within twenty (20) feet of the driveway en- trance to any fire station and on the side of h\&" ~. (4) 'e" !~ , '4" (S) "It., -\, t \1" "~ a street opposite the entrance to any fire station within seventy-five (7S) feet of said entrance when properly sign posted; (12) Alongside or opposite any street or roadway excavation or obstruction when such stopping, standing or parking would obstruct traffic; (13) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; (14) Upon any bridge or other elevated structure upon a street or highway or within a street or highway or within a street or highway tunnel; (1S) At any place where official signs prohibit stopping, standing or parking; (16) within two (2) feet of a walkway leading to a residence where no sidewalk exists." Section 12-2. Section 12-2 of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "Obedience to stopping, standing or parking regulations. On any street or at any place within this municipality where official signs are posted gi ving notice of stopping, standing or parking restrictions or prohibitions, no person shall stop, stand or park a vehicle in any manner in violation of the provisions contained on such sign or signs except when necessary to avoid conflict with other traffic, or in compliance with the directions of a duly authorized official or official traffic control device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or endanger any traffic." Section 12-3. Section 12-3 of 'the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "Parking privilege for the handicapped. A vehicle with distinguishing license plates or an official identifying placard indicating that the occupant of said vehicle is a "person with a mobility handicap," as defined in section 2S-S(h) of this Code, may be parked along public streets regardless of any time limitation imposed by official signs upon parking in such area; except that such privilege shall not apply to zones in which: (1 ) stopping, standing, or parking of all vehicles is prohibited at all times; (2) Only special vehicles may be parked; ;",1,._", 11\ '\;:0 (3) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic; or, (4) Parking is restricted to short-term parking of thirty minutes or less, as imposed by official signs or meters." (5) Section 14-1. Section 14-1 of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "Parking meter zones. Wherever parking meter zones have been established on streets or in parking areas regulated by this municipality, the parking of vehicles at places, streets or parts of streets so designated shall be controlled by parking meters between the hours and on the days specified on authorized parking meter signs or legends." (6) Section 14-2. Section 14-2 of .the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: tA . "Parking meters." Parking meters installed in parking meter zones established in this municipality shall be so designed, constructed, installed and set as to meet the following conditions: (1) Said meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of one or more coins or of United States currency or authorized cards or tokens, for the full period of time for which parking is lawfully permitted in any such parking meter zone or, in lieu thereof, for an appropriate fractional period of time. Meters may, as indicated by authorized parking meter signs or legends, regulate parking in either individual parking spaces or multiple parking spaces. 1,.,,_/ 111 '0,;.. (2) Individual space parking meters. Upon the expiration of the time period registered by the deposit of one or more coins, tokens, or cards as provided herein, parking meters for individual parking spaces shall indicate by an appropriate signal that the lawful parking meter period has expired, and ...,."", \. !,e"..,., % 'C,_ (7) ,It', ~, \-'(:, - ... during said period of time and prior to the expiration thereof, will indicate.the interval of time which remains of such period. (3) Multiple space parking meters. Upon the deposit of one or more coins, tokens, or cards as provided herein, parking meters regulating multiple parking spaces shall issue a printed receipt indicating the date of issuance, and expiration time of the interval of authorized parking. (4) Each parking meter shall bear thereon an authorized sign or message clearly legible indicating the days and hours when the requirement to deposit coins, tokens or cards shall apply, . the value of the coins, tokens or cards to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located. (5) The city may authorize the use of portable, in-vehicle meters for use in multiple space parking meter zones. Such portable meters, when properly operated, may be used in lieu of receipts issued by multiple space parking meters. Portable meters, when used, must be clearly visible, hanging from the rear view mirror of the vehicle for which the meter is used. Unless otherwise authorized by the City, portable meters shall require the same rate of payment per unit of time as is applicable to the multiple space parking meters regulating the parking meter zone in which the portable meter is used." Section 14-3. Section 14-3 of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "Parking meter spaces. (a) Individual space parking meters. Parking meter spaces for individual space parking meters shall be of appropriate length and width as determined by an engineering and traffic investigation and may be designated by appropriate markings on the curb and/or pavement of the street. Every vehicle parked in an angle parking space regulated by an individual space parking meter shall be parked It .', Ii""" ~, l.!.\ II.! ~h ~.," (8) &.,'It'", IN '\ wholly in the metered space, with the front end or front portion of such vehicle immediately adjacent to the parking meter for such space. Every vehicle parked in a parallel parking space regulated by an individual space parking meter shall be parked wholly in the metered space, with either the front end or front portion or the rear end or rear portion of such vehicle immediately adjacent to the parking meter for such space. (b) Multiple space parking meters. In zones regulated by multiple space parking meters, vehicles shall be parked either parallel or diagonal to the curb, as may be indicated by official signs. Vehicles parked in a manner' so that any portion of the vehicle is within the zone regulated by the multiple space meter shall' be required to pay the amount indicated by the meter for parking in that zone. (c) Except where prohibited by other provislons of this Code, a vehicle which is of a size too large to be parked within a single parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins, tokens or cards have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces." Section 14-4. Section 14-4 of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "Deposit of coins, tokens or cards, time limits. (a) Individual space parking meters. No person shall park a vehicle in any parking space upon a street along side of, next to, or adjacent to which an individual parking space meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a coin or coins of United States currency or authorized tokens of the appropriate denomination as provided in this Code shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (b) Multiple space parking meters. No person shall park a vehicle in any multiple space parking meter zone, as indicated by official signs, during the restricted and regulated time applicable to the multiple space parking meter zone unless a coinior "- ~ , \,' coins of united states currency or authorized tokens or cards of the appropriate denominations as provided in this Code shall have been deposited therein, a receipt therefor received from the multiple space parking meter, and the receipt clearly displayed on the dashboard indicating' an unexpired interval of time; or, such vehicle displays a validly issued and properly operated portable, in-vehicle meter. No person shall display more than one multiple space parking meter receipt on the dashboard of any vehicle at one time. (c) No person shall permit a vehicle under the person's control to be parked in any parking meter space or parking meter zone for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter space or zone, irrespective of the number or amount of coins, "tokens or cards deposited in the meter regulating such space or zone. 11_'" ~'" \~,. (d) No person shall permit a vehicle within his control to be parked in any parking meter space or zone during the restricted and regulated time applicable to the parking meter space or zone while the parking meter for such space indicates by signal that the lawful parking time in such space is expired, or in multiple space parking meter zones, without displaying a valid multiple space parking meter receipt. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter coins tokens or cards in such meter. (e) A vehicle may be parked in a parking meter space or zone without operation of the meter on Sundays, on holidays as defined by this Code, and during those hours of the day when the requirement to deposit coins, tokens, or cards does not apply, as determined from the parking meter sign or legend. Me",,',.,... ''Ii ~~, ~, (f) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this Code. or official signs or parking meter legends prohibiting or limiting the stopping, standing or parking of vehicles in specified places, at specified times, or in a specified manner. (g) No person shall deposit or attempt to deposit in any parking meter any slug, button, or .- <\"."',, \~i." any other device or substance as substitutes for coins of United states currency, authorized tokens or cards, and no person shall deposit any lawful coin, token or card that is bent, cut, torn, battered, or otherwise misshapen. 9. section 15-1. section 15-1 of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: Uniform specifications. (a) all signs, markings, and signals, required hereunder for a particular purpose, except signs regulating parking, shall be uniform as to "type and location throughout the municipality as required by state law. The location, type and design of all parking control signs shall be as determined by the director of the transportation department for the City of Aspen. (b) All traffic control devices so shall be official signs and official control devices. erected traffic ile'" ", '\< 10. section 19-2(a). section 19-2(a) of the Model Traffic Code for Colorado Municipalities is hereby repealed and reenacted to read as follows: "(a) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway within this municipality any vehicle or combination of vehicles which does not contain those parts or is not at all times equipped with such lamps, reflectors, brakes, horn and other warning and signaling devices, mirrors, safety glass, fenders, tires and other equipment, kept in proper condition and adjustment as required in 42..4-202 through 42- 2-228 and 42-2-230 and 42-4-301 through 42-4- 306 C.R.S. 1973, as amended, or which is equipped in any manner in violation of said sections, or for any person to do any act forbidden or fail to perform any act required by and under said sections." 11. section 22-20(b). Model Traffic Code section 22- 20(b) is hereby repealed in its entirety. (~'-" lid: ',\\. 12. section 25-5(c). Model Traffic Code section 25- 5(c) is hereby amended to read as follows: "(c) Holidays. Where used in this ordinance or on 11,',',.,-, ~j. f..." "<. Bit lW,', ,S '0- v. " official signs shall in addlition to Sundays mean New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Day and such additional statutory holidays as may by ordinance be declared applicable." Section 2. Enforcement of article. That Section 22-12 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 22-12. Enforcement of article. Any duly authorized official of the City of Aspen may enforce the provisions of this article. Section 3. Exemptions from parking restrictions. That Section 22-12.1 of the Municipal Code, of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 22-12.1. Waiver of parking limitations. (a) All vehicular traffic is prohibited within the pedestrian mall (as defined in Ordinance 20, Series of 1973) and within Alley 89; provided that the city Manager or the City Manager's designees may permit service and delivery vehicles, vehicles of medical personnel and of those desiring access to privately owned parking areas, to enter into areas of the pedestrian mall and Alley 89, and to park therein, for such periods and under such conditions as may be determined by the city Manager or the city Manager's designees (taking into consideration the need for such services, deliveries and access, the level of traffic congestion within the area, and the public safety). (b) The provisions of subsection (a) to the contrary notwithstanding, all fire-fighting equipment, ambulances, police vehicles, other emergency vehicles, private vehicles carrying the injured or ill, public vehicles, and public utility vehicles may enter into the pedestrian mall and Alley 89 and park therein when necessary to render medical, police, utility or other public services, or aid to an injured or ill person, but only at such times, and for such periods necessary to render such services. (c) The City Manager or the city Manager's designees may issue parking permits waiving parking limitations under the following conditions: ",'.._,., 0' 'x \\ (1) Handicapped persons: Permits waiving timed parking limitations applicable to spaces allowing parking for more than thirty minutes, and authorizing said vehicles to park in "Handicapped Parking" zones may be issued to persons who have a temporary or permanent impairment that substantially limits the ability to move from place to place and who are residents of the Roaring Fork River Valley. written verification of the existence of such a condition and the projected duration of the handicap must be submitted by the person's physician. In addition, a valid Colorado driver'S license shall be required as proof of residence within the Roaring Fork River Valley. These permits shall be valid for the duration of the handicap. Permits issued for temporary impairments shall have an expiration date corresponding with the expected duration of the handicap. Permits issued for permanent disabilities shall be renewed annually. Il. ~: , '\"... (2) Service vehicles: Permi ts waiving timed parking limitations applicable to spaces allowing parking for more than thirty minutes may be issued' to qualified service vehicles that require extended parking in timed parking areas while on service calls. Service vehicle permits shall be issl.1ed pursuant to criteria and standards promulgated by the city Manager or the City Manager's designees. A city of Aspen business license shall be required as a precondition to receipt of a service vehicle parking permit. These permits must be renewed on an annual basis. (3) Construction vehicles : Permits waiving timed parking limitations at specific construction sites may be issued to the general contractor for the duration of construction activity within a timed parking area. Construction vehicle permits shall be issued pursuant to criteria and standards promulgated by the city Manager or the c~ty Manager's designees. A city of Aspen business license shall be required as a pre-condition. to receipt of a construction vehicle parking permit. Permits shall expire upon termination of construction at the construction site, issuance by the building department of a certificate of occupancy or letter of completion, or notification of approval of the final building inspection at the construction site, whichever event first occurs. .e g{ ''Q;,,,,. (4) Deli very vehicles: Vehicles used to make regular deliveries of goods to businesses in Aspen maybe issl.1ed a permit allowing parking in loading zones or waiving timed parking limits while loading. or -" ~. unloading goods to a business. Delivery vehicle permits shall be issued pursuant to criteria and standards promulgated by the city Manager or the City Manager's designees. A city of Aspen business license shall be required as a precondition to receipt of a delivery vehicle parking permit. These permits shall be renewed on an annual basis. (5) A processing fee in an amount prescribed by section 2-38(c) of this Code shall be levied for the issuance of service or delivery vehicle and construction vehicle permits. There shall be no processing fee for the issuance of temporary handicapped person permits. (d) Official city of Aspen and Pitkin County vehicles, as identified by official license plates or a properly issued, valid placard, while on official government business shall be exempt at all times from all parking restrictions except restrictions applicable to parking spaces where: (1) stopping, standing, or parking of all vehicles is prohibited at all times; II...'" I" ," 'l'\ " ''<, (2) Only special vehicles may be parked; (3) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic; or, (4) In any area restricted to short-term parking of thirty minutes or less, as imposed by official signs or meters. (5) only handicapped parking is allowed. (e) Vehicles displaying valid and duly issued placards identifying Aspen Fire Protection District volunteer firemen when such vehicle is actually parked by and under the control of such volunteer fireman shall be exempt from parking restrictions except restrictions applicable to parking spaces where: (1) stopping, standing, or parking of all vehicles is prohibited at all times; (2) Only special vehicles may be parked; ~-' I~, , \B< (3) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic; (4) In any area restricted to short-term parking of thirty minutes or less, as imposed by ,-,,",' \t( 1\ '",;:,. .1 \'0 ~ ~~, ~. official signs or meters; and, (5) Only handicapped parking is allowed. section 4. Impoundment of vehicles. That section 22-26 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 22-26. Authority to remove; situations enumerated when removal authorized. Members of the police department and other duly authorized officials are hereby authorized to remove, or have removed: at their direction, a vehicle from any street, alley, highway, roadway, sidewalk, ditch or other public way or place, and from any restricted or prohibited parking area, to any garage maintained by the city or the police department for the storage of impounded vehicles, or in any private garage approved by the city manager for such purpose and designated on a list of such approved garages posted in his office, or to any other place of safety, under any of -the circumstances hereinafter enumerated. said removal and storage shall beat the sole cost, risk and expense of the owner or person. in charge of said vehicle, and said cost of removal and stor~ge of such vehicle shall be paid by the owner or person in cha+ge thereof prior to the release of said vehicle. The city council hereby determines vehicles under the following circumstances to be obstructions to traffic and public nuisances. Such vehicles shall be subject to removal under this section: (1) When any vehicle is left unattended upon any bridge or where such vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a public way is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by way of physical injury or illness incapacitated to such an extent as to be unable to provide for its custody or removal. (3) When any vehicle is left unattended upon a street or is parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic, or left unattended on any public street with engine running or with keys in the ignition switch or lock. (4) When any vehicle is parked or left standing upon any area or portion of a public street in violation of or contrary to a parking limitation or prohibition established by the city provided such area or portion of such public street lA,'", ~.. has by him been posted with an official sign giving notice both of limitation or prohibition. (5) When a vehicle is parked at the same place continuously or substantially the same place continUOUSly for a period of seventy-two (72) hours. (6) When any vehicle has been taken into custody by the city and the vehicle would thereby be left unattended on a street, highway or restricted parking area or other public way. (7) When the driver of a vehicle is reasonably suspected of using license plates or license permit unlawfully, or a vehicle is driven or parked without proper license permit, or driven or parked without proper license plates or license permits, or with no license plates or license permit, or driven or parked with an invalid or expired license permit. .' , ;)(, IT , Z\< (8) When the driver of a vehicle is driving without an operator's license, or chauffeur's license which is current and valid or who does not have such license in his immediate possession, or drives a vehicle while his operator's license or chauffeur's license has been denied, suspended, canceled or revoked by the state, or is unable to produce evidence of required insurance. (9) When a vehicle is found parked on or so near to any railroad track as to block the same in any manner. (10) When the driver of any vehicle or the vehicle which he is driving is reasonably suspected of having been involved in any hit and run accident. (11) When the driver of any vehicle is taken into custody for a suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen g'oods, or other contraband. (12) When any vehicle is reasonably suspected of being a stolen vehicle or parts thereof to be stolen parts. (13) When any motor vehicle, by reason of having no muffler, or a defective or inadequate muffler, or a muffler which has been modified in such a manner as to amplify: or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed' on the vehicle, emits an excessive or unusual noise. - Iii v;\, '" '\\i (14) When a vehicle is parked upon private property without the permission of the owner thereof. (15) When the records of the city indicate that a parking, t,~,Il.,. 'it V<",. f.R,.,.",' <\, "', -" \t. standing or stopping violation citation has been issued on a vehicle by the city and has not been paid or otherwise legally disposed of for more than sixty (60) days from the date of issuance of such citation. (16) When a vehicle is in violation of the provisions . of section 22-4 of this Code prohibiting unattended audible car alarms sounding for more than five minutes. section 5. Handicap parking spaces. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section 22-3 which section reads as follows: Sec. 22-3. Handicap parking spaces. (a) The owner of private property available for public use may install signs identifying parking spaces reserved for handicap parking only. Installation of such signs shall be a waiver of any objection the owner may assert concerning the enforcement of restrictions applicable to such parking spaces by duly authorized officials of the city, and such officials are hereby authorized and empowered to such enforce S1.lch restrictions. (b) Each handicap parking space, whe"ther on public. or private property shall be marked with an upright sign, which sign may be stationary or portable, clearly identifying such parking space a reserved for handicap parking. (c) It is unlawful for any vehicle not bearing a valid license plate or duly issued placard authorizing parking in handicap parking spaces to park in any handicap parking space on public or private property which is clearly identified by a sign as being reserved for handicap parking. (d) It is unlawful for any person other than a person with a disability to park in any handicap parking space on public or private property which is clearly identified by a sign as being reserved for handicap parking unless such person is parking the vehicle for the benefit of a person with a disability. (e) Any law enforcement officer, authorized parking enforcement officer, or duly authorized city official may check the identification of any person using a license plate or placard for persons with disabilities in order to determine whether such use is authorized. l'I)"" ';)L <, e,'..'" \'" \\ '~\ - It, 1. l~,', , '*<,- Section 6. Unattended Car Alarms. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section 22-4 which section reads as follows: Sec. 22-4 Unattended car alarms prohibited. (a) It shall be unlawful for the owner or person having control over any vehicle in which an audible car alarm has been installed to allow such alarm to emit an audible alarm for more than five minutes or, to allow such alarm to emit an audible alarm more than three times in anyone hour regardless of the duration of the alarm sound. Any change or modulation of the alarm tone shall not be deemed to be a cessation of the alarm for purposes of calculating the five minute period. (b) Unattended vehicles with operating audible car alarms are hereby declared to constitute a public nuisance. Any vehicle equipped with a car alarm which emits an audible alarm for more than five minutes or, an alarm which emits an audible alarm more than three times in anyone hour regardless of the duration of the alarm sound shall be deemed to. be unattended. Any change, modulation or brief cessation of the alarm tone shall not be deemed to be a cessation of the alarm for purposes of calculating the five minute period. (c) Police officers and other duly authorized officers of the city are hereby authorized to enter into, by any reasonable means, any unattended vehicle with a car alarm which has been emitting an audible alarm for more than five minutes or, an audible alarm more than three times in anyone hour regardless of the duration of the alarm sound, for purposes of abating the nuisance by disabling or turning off such car alarm. Additionally, if, in the discretion of the responding officer, the vehicle cannot be entered by reasonable means or after such entry, the officer is unable to disable the alarm, the officer may cause the vehicle to be towed to any garage maintained by the city or the police department for the storage of impounded vehicles, or in any private garage approved by the city manager for such purp9se and designated on a list of such approved garages posted in his office, or to any other place of safety. Said removal and storage shall be at the sole cost, risk and expense of the owner or person in charge of said vehicle, and said cost of removal and storage of such vehicle shall be paid by the owner or person in charge thereof prior' to the release of said vehicle. In the event of such towing, the owner or person having control of the vehicle shall be entitled to the rights set forth in Section 22-28 if this Code. (d) A violation of this section shall be punishable by ~ ~. ~.' \\~" #,1,".', \'~ '\. a fine of $50.00 plus the cost of any towing pursuant to subsection (c). Section 7. 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 8. 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 hereof. A public hearing on the ordinance ~ shall be held on the d(5' day of , 1994, in the city Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided I~ day of by law by the city Council of ~~/ the City of Aspen on the , 1994. ~ f, LY-"- ~ I John S. Bennett, Mayor e"" Ii (,;1"", ':-!!. . ~, V.. ~.;'., \ic. "'c. ATTEST: Kathryn and approved this ~1C2l FINALLY adopted, passed Vl~ , 1994. Ckt- day of ..:::':?' ~. l~~ ,,-- John S. Bennett, Mayor pm.ord