HomeMy WebLinkAboutordinance.council.008-95
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ORDINANCE NO. r
Series of 1995
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AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 13-74
OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REGULATE
THE USE OF A BOOT OR OTHER DEVICE TO IMMOBILIZE VEHICLES OCCUPYING
PRIVATELY OWNED OR OPERATED PARKING LOTS OR SPACES.
WHEREAS, the City Council has determined that the use of booting devices to
immobilize vehicles by owners and operators of private parking lots and spaces oftentimes leads
to a breach of the peace; and
WHEREAS, the City Council has determined that the immobilization of vehicles operated
by handicap.ped persons, disabled veterans, emergency response vehicles, or persons involved
in an accident is not in the best interest of the citizens of the City of Aspen; and
WHEREAS, the City Council has determined that the use by private parking lot owners
or operators of a boot or other device that prevents a vehicle from being moved should be
regulated in the interest of public health, safety and welfare of the people of the City of Aspen,
Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1
That Section 13-74 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to read as follows:
Sec. 13-74. Immobilization device or boot for automobiles.
(a) General Requirements. It shall be unlawful for any owner, operator or lessee of
any parking lot or parking area or space therein or part thereof, or of any other lot or building,
or authorized agent of the person having control of such premises, to place upon a vehicle
occupying such lot, area, space or building, or part thereof, a boot or other device that prevents
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a vehicle from being moved by preventing a wheel from turning on such vehicle, unless:
(1) the property has been conspicuously marked at each entrance with a warning
sign using letters at least three inches high that (i) vehicles parked or placed without
permission may be immobilized; (ii) removal of the device will not be done until a fee
is paid; (iii) the applicable fee for removing the immobilization device; and (iv) that
complaints about the use of any immobilization device should be made to the city police
department; and
(2) the vehicle has occupied the premises without permission for a continuous
period of at least three minutes.
(b) Records Required. A written record shall be made by the person using an
immobilization device immediately after the immobilization device has been used, showing the
make, model, state and license number of the vehicle immobilized, the precise date and time of
day the vehicle was first parked or placed without permission and the time the vehicle was
immobilized, and the signature of the person who made the determination that immobilization
was authorized. These records shall be provided to the City Manager or Chief of Police upon
request.
(c) Exceptions Required. No vehicle bearing a handicapped or disabled veterans decal
or plate issued by a governmental authority or one which is known to be engaged in an official
local, state or federal governmental activity shall be immobilized by any owner or operator or
their agent; nor shall any vehicle parked or left temporarily because of an accident or other
emergency be immobilized.
(d) Penalty. Any person, firm or corporation violating any provision of this section
shall be subject to the general penalty for code violations set forth at section 1-8 of this
Municipal Code, and a separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
Section 2
This ordinance shall not have any eff~t 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 3
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
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be deemed a seperate, 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 _ day of
1995, 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
day of
, 1995.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
, 1995.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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