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HomeMy WebLinkAboutordinance.council.060-03ORDINANCE NO. ~, SERIES OF 2003 AN ORDINANCE REPEALING IN IT'S ENTIRETY SECTION 601 AND ADOPTING IN REPLACEMENT A NEW SECTION 601 FOR THE 2003 EDITION OF THE "MODEL TRAFFIC CODE." WHEREAS, the City Council of the City of Aspen by Ordinance 28, Series of 1996, adopted the 1995 edition of the "Model Traffic Code for Colorado Municipalities" with additions, modifications, and penalties, and WHEREAS, the City Council of the City of Aspen by Ordinance 34, Series of 1997, adopted further additions and modifications to the 1995 edition of the "Model Traffic Code for Colorado Municipalities," and WHEREAS, the City Council of the City of Aspen by Ordinance 5, Series of 1998, amended the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" by the reorganization of subsections, and WHEREAS, the City Council of the City of Aspen by Ordinance 49, Series of 2003, repealed the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" in its emirety and adopted the 2003 Edition of the "Model Traffic Code for Colorado" with additions, modifications, and penalties, and WHEREAS, the Model Traffic Code of 2003, as amended, has been codified by reference as Section 24.04.020 of the Municipal Code of the City of Aspen, and WHEREAS, the Ordinance 49, Series of 2003, was approved by the Colorado Department of Transportation except for Section 601, and WHEREAS, the City of Aspen will by the repeal of the existing Section 601 and the adoption of the new language bring Section 601 into stare compliance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Adoption. That Model Traffic Code Section 601 (which is identified within Section 24.04.020, Model Traffic Code, of the Municipal Code of the City of Aspen, Colorado), is hereby repealed in its em~rety and reenacted to read as follows: Section 601, Local governments to sign highways, where. This local government shall place and maintain such traffic control devices, conforming to the "Manual of Uniform Traffic Control Devices" and specifications, upon streets and highways as it deems necessary to indicate and to carry out the provisions of this Code or to regulate, warn. or guide traffic. 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 pounding under or by virtue of the ordinances repealed or 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 be deemed a separate, distinct and indePendent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public heating on the ordinance shall be held on the ~day of ~,4~2t~003, 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 ATTEST: Kathryn S. I~ch, City Clerk 2003. ATTEST: 3 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Safety and Traffic Engineenng Branch 4201East Arkansas Avenue. EP 700 ~ Denver, Colorado 80222 303 }303{ 512-5100 Voice 757-9219 Fax November 4. 2003 Hon. Helen Klanderud Mayor City of Aspen 130 South Galena Street Aspen, CO 81611-1975 RE: Model Traffic Code Ordinance Approval Dear Mayor Ktanderud: In accordance with sections 42-4-110(t) (e) and 43-2-135(1) (g). C.R.S., City of Aspen Ordinance No. 49, Series 2003, dated September 22. 2003 adopt"inq the 2003 Model Traffic Code, with ~nendmenms, is hereby approved znsofar as such mraffic regulations pertain co streets and highways within the City which are part of the State Highway System. However, page 3, section 601, paragraph (a), last senmence, of Ordznance No. 49, co wit: ~The location, c!rpe and design of all parking control signs shall be as determined by the direcnor of the cransportati~n deparnment for the City of Aspen.", is disapproved. The City of Aspen does non have the authority co design and locacs regulatory parking signs that are in conflict with the Manual on Uniform Traffic Control Devices as published by the Federal Highway Adminiscration and adopted by the State. Thank you for the cooperation shown no our Deparnment personnel. Sincerely, G~briela C. Vidal. P.E. B~anch Manager cc.- David Hoefer, File Esq., City Atty. Office