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HomeMy WebLinkAboutordinance.council.037-03 ORDINAN.. CE NO. ~ (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING TITLE 24 OF THE MUNICIPAL CODE TO ADD A NEW CHAPTER 24.24 ENTITLED "HYBRID VEHICLE PARKING PROGRAM" WHEREAS, the City Council desires to provide an incentive to owners of Hybrid Vehicles that meet Super Ultra Low Emission Vehicle Standards (SULEV) to promote low emission vehicle ownership in the City of Aspen, and WHEREAS, the City Council desires to provide relief from certain parking restrictions for any hybrid vehicles that meet Super Ultra Low Emission Vehicle (SULEV) standards. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. THAT Section I. Title 24 of the Municipal COde, which chapter relates to Traffic and Motor Vehicles, shall be amended by the addition ora new Chapter 24.24 which Chapter shall read as follows: Chapter 24.24 HYBRID VEHICLE REGISTRATION FEE REBATE AND PARKING RELIEF PROGRAM 24.24.010 Hybrid Vehicle Registration Fee Rebate Program. There is hereby created a Hybrid Vehicle Registration Fee Rebate Program within the City of Aspen to. encourage the ownership of low emission vehicles in the City of Aspen. 24.24.020 Qualifications, Administration and Rebate Amount. (a) For purposes of this chapter, the following terms shall have the following meaning: "Resident of the City of Aspen" shall mean any person who resides in the City of Aspen during the calendar year for which a Hybrid Vehicle Registration Fee Rebate is sought. "Hybrid Vehicle" shall mean a vehicle that meets the then-applicable definition of the Super Ultra Low Emission Vehicle (SULEV) Standards or better, promulgated by the California Air Resource Board (CARB), and that meets the definition of "Hybrid Vehicle'~ per the U.S. Department of Energy (www.ott.doe.gov/hev). (b) Any resident of the City of Aspen who is the owner of a Hybrid Vehicle that meets the then-applicable SULEV standards and pays an annual motor vehicle registration fee to the State of Colorado, within the same calendar year following the Payment of a motor vehicle registration fee So long as this Chapter shall be in fome, may apply, on Such forms as provided by the Director of Parking, for an annual SULEV Hybrid Vehicle Registration Fee Rebate fi.om the City of Aspen in the amount of $100.00. (c) The application for a rebate shall be reviewed by the City's Transportation and Parking Department to determine the ownership and type of vehicle for which an application is made. The Director of Parking shall further review the application for completeness and to verify residence eligibility. All applicants may prove their resident status by evidence that they are registered voters of the City of ~spen during the calendar year for which the rebate applies. Any resident who is barred from registering to vote due to non-citizenship or due to other disqualification may shall provide alternative proof of residency, as may be required by the Parking Director. (d) The Director of Parking shall administer this Chapter 24.24 and shall prepare such forms and adopt such regulations consistent with this Chapter, as he or she deems necessary to implement the same 24.24.030 Hybrid Vehicle Parking Program. There is hereby created a Hybrid Vehicle Parking Program within the City of Aspen to encourage the ownership and use of low emission vehicles in the City of Aspen. 24.24.040 Qualifications, Administration and Parking Privileges. (a) Any person who is the owner of a Hybrid Vehicle that meets the then-applicable SULEV standards, may apply for an Aspen Hybrid Vehicle Parking Program Permit every year so long as this Chapter shall be in force on such forms as provided by the Director of Parking. The Hybrid Vehicle Parking Program Permit shall allow qualifying Hybrid Vehicles to park in any Residential Permit Zone or High Occupancy Vehicle (HOV) Zone space. Vehicles that display a valid Hybrid Vehicle permit will be exempt fi'om the two-hour parking restriction in Residential Permit Zones and will not be required to display an additional permit in High Occupancy Vehicle (HOV) Zone spaces. (b) The application for a Hybrid Vehicle Parking Program Permit shall be reviewed by the City's Transportation and Parking Department to determine the SULEV hybrid status of the type of vehicle for which an application is made. Qualifying SULEV hybrid vehicles will be issued Hybrid Vehicle Parking Program permits. Such permits are not transferable and will only be valid on hybrid vehicles that meet Super Ultra Low Emission Vehicle Standards, or better. 24.24.050 No Exemption Created. Display of a Hybrid Vehicle Parking Program Permit shall not exempt a vehicle fi'om the provisions of Title 24 of the Municipal Code of the City of Aspen, Traffic and Motor Vehicles. Display of permit on a qualifying vehicle does not convey any privileges other than that of exceeding the posted time limit in Residential Permit Zones or of parking in High Occupancy Vehicle (HOV) parking areas without a valid HOV parking permit. It does not authorize parking in any other restricted or prohibited zone or parking space. It does not authorize exemption from the seventy-two (72) hour parking limitation Section 24.08.010(5), nor any other parking limitation or prohibition posted on an official sign (Section 24.08.010(4). .Section 2. 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 any ordinance repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. The provisions of this ordinance are severable and the invalidity of any section, phrase, clause or portion of the ordinance as determined by a court of competent jurisdiction shall not affect the validity or effectiveness of the remainder of the ordinance. INTRODUCED, READ, APPROVED AND ORDERED pUBLISHED AND/OR POSTED ON FIRST READING on the day of ,2003. ATTEST: Kathryn S. K~, City C~erk INTRODUCED and FINALLY ADOPTED AFTER PUBLIC HEARING on the ~ day of ~~ ,2003. ATTEST: ~ Clerk JPW-O9/O2/O3-G:\john\word\ordsVnybrid-vehicles.doc