HomeMy WebLinkAboutordinance.council.054-75RECORD OF PROCEEDINGS
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ORDINANCE NO. ~ ~
(Series of 1975)
AN ORDINANCE AMENDING SECTION 13-61 OF THE MUNICIPAL CODE WHICH
AMENDMENT PROHIBITS THE USE OF ANY PUBLIC PROPERTY OR RIGHT-OF
WAY FOR THE STORAGE, DISPLAY OR SALE OF GOODS, ~RES OR
MERCHANDISE, WHETHER FROM A VEHICLE, STATIONARY STRUCTURE, OR
OTHERWISE, EXCEPT AS THE CITY cOUNCIL MAY SPECIFICALLY AUTHOR-
IZE BY SPECIAL CONTRACT BETWEEN THE VENDOR AND THE cITY OF
ASPEN; AND FURTHER PROVIDING THAT cONVICTION FOR A VIOLATION
OF THIS PROVISION SHALL SUBJECT THE VIOLATOR TO A FINE NOT TO
EXCEED THREE HUNDRED ($300.00) DOLLARS OR iMPRISONMENT FOR A
PERIOD NOT TO EXCEED NINETY (90) DAYS, OR BY BOTH SUCH FINE
AND IMPRISONMENT
WHEREAS, the city Council has encountered repeated
difficulty in the matter of granting permission to vendors to
vend on public property and on City rights-of-way, and
WHEREAS, it is the determination of the Council
that the matter is best resolved by contracting with all vendors
directly which will permit the Council to (1) restrict the number
of vendors, (2) choose vendors who best serve the public need,
(3) prevent vendors from presenting unfair competition to local
merchantS, and (4) demand a share of vending revenues to compensate
the City for the monopoly created for the benefit of vendors and
cover the administrative costS incident to policing public vend-
ing,
I~OW, THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
of Aspen,
That Section 13-61 of the Municipal code of the City
colorado, is hereby amended to read as follows:
"Sec. 13-61 vending on Public Parks and Rights-°fL
Way Prohibited
-~ person shall use or occupy any street, alley,
mall, park or parkway (whether in or on a vehicle
structure, building or otherwise) for the storage,
display, or sale of goods, wares, or merchandise,
or to place or permit portable display signs on
any street, alley, mall, park or parkway within
RECORD OF PROCEEDINGS
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the City of Aspen. Provided, however, that the
prohibitions of this section shall not apply to
any person who had entered into a contract with
the City to provide any such vending service, all
of which contractS shall be approved only by the
City Council after considering (1) the public
need for such service, (2) the availability of
existing services, (3) the costS of policin?
and administering the proposed vending service,
(4) what revenues shall accrue to the city for
grant of permission to vend, and (5) whether
the vendor applying for such contract will best
serve the public heed."
Section 2
A conviction for a violation of any section of this
ordinance shall subject the violator to a fine not to exceed
Three Hundred ($300.00) Dollars or imprisonment for a period
not to exceed Ninety (90) Days or both such fine and imprison-
ment. Each day any violation of this ordinance shall continue
shall constitute a separate offense.
Section 3
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such in-
validity shall not affect other provisions or applications of the
ordinance which can be given effect without the invalid provisions
or applications, and to this end the provisions or applications of
this ordinance are declared to be severable.
Section 4
A public hearing on this ordinance shall be held on
the day of , 1975 at 1:00 P.M. 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, at its regular
meeting held
ATTEST:
K~ ~ ~~ -~ rk
athryn ~auter, City Cle
-2-
RECORD OF PROCEEDINGS
100 Leaves
1975.
FINALLY ADOPTED AND APPROVED ON
ATTEST:
~yn ~au~er, City Clerk
~Stacy~Stan~ley ±~x, ~'~'
STATE OF COLORADO? )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on --~
reading at a regular meeting of the City Council of the
City of Aspen on ~_~ , 197 '~., and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the.City of Aspen, Colorado, in its
issue of .~. ~7 __, 197 ~, and was finally adopted
and approved at a regular meeting of the City Council on
~ ~z~~'P~--' , 197 ~-, and ordered published as
Ordinance No. ~ , Series of 197 ~~,, of said City, as
provided by law.
IN WIT~rESS W~EREOF, I have hereunto set my hand and
/
.the seal of said City of Aspen, Colorado, this
' ~ · 197 -~.
day of o~ ,
KJthryn ~7. Hauter, City Clerk