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Home My WebLink Aboutordinance.council.028-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1976) AN ORDINANCE ADDING ARTICLE III TO CHAPTER 22 OF THE ASPEN MUNICIPAL CODE WHICH SAID ARTICLE ESTABLISHES REGULATIONS FOR THE USE OF TRAILS WITHIN THE CITY OF ASPEN; PROHIBITING THE USE OF MOTORIZED VEHICLES ON SAID TRAILS UNLESS A SPECIAL PERMIT IS ISSUED THEREFOR FOR SPECIAL EVENTS; PROHIBITING THE USE OF TRAILS BY HORSE AND BICYCLE DRA~ VEHICLES, AND SLEIGHS, EXCEPT BY PERMIT; PROVIDING FOR THE ENFORCE- MENT OF SPECIAL LIMITATIONS IMPOSED BY LANDOWNERS ON POSTING NOTICE OF THE SAME; PROHIBITING, IN POSTED AREAS, THE LEAVING OF THE TRAIL RIGHT-OF-WAY ~IEN IT CROSSES PRIVATE PROPERTY; LIMITING THE USE OF TRAILS B~ DOGS; ESTABLISHING OBLIGATIONS TO YIELD AT INTERSECTIONS; REQUIRING HORSE~LEN TO STAY ON UNPAVED PORTIONS OF THE RIGHT-OF-[~;AY; REQUIRING SAFE SPEEDS BY CYCLISTS AND HORSEMEN~ ITEMIZING CERTAIN PROHIBITED ACTIVITIES ON TRAILS INCLUDING LITTERING, THE MAKING OF NOISE, THE DEFACING OF PROPERTY, AND CAMPING (UNLESS AUTHORIZED); ~ERMITTING JOINT MANAGEMENT OF THE CITY TRAIL SYSTEM BY PITKIN COUNTY IF SO PROVIDED BY AGREEMENT; AND IMPOSING PENALTIES FOR VIOLATIONS OF THESE REGULATIONS BY FINE NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT NOT TO EXCEED NINETY (90) DAYS, OR BOTH. WHEREAS, 12he City Council has considered a series of regulations applicable to the use of its trail system and considers adoption of the same appropriate, NOW, THEREFORE, ~E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new Article III to Chapter 22, which said article reads as follows: ARTICLE III. ASPEN TRAIL SYSTEM Sec. 22-40 Trail System. The Aspen Trail System is defined as those trails designated on the Aspen Trails System Map as adopted (or as hereinafter amended) by the City Council and on file in the offices of the City/County Planning Office. Sec. 22-41 Vehicles Prohibited. ~o motorized vehicles whatsoever including automobiles, motorbikes, motor- cycles, motorscooters, go-carts, snowmobiles and the like, except city and county maintenance, police, fire, ambulance and emergency vehicles, are permitted on the Aspen Trail System. The Sheriff's office, Aspen Police Department, City Manager, County Manager, City or County Road Supervisors, Ambulance Service and Aspen Fire Department shall have keys to the trails entrance gates, and, in the event of an emergency, officers and employees thereof are ~thorized to permit emergency vehicles to enter upon the trails. Special permission RECORD OF PROCEEDINGS 100 Leaves may be granted by the City or County Manager for use of motorized vehicles on the trails for special events, and for limited periods (to be specified on permits issued), provided, however, that such special permits shall not conflict with provisions of trail easements given across private property. ~orsedrawn vehicles, bicycle-drawn vehicles, sleigh-type vehicles and the like, shall be permitted to use the trails by special permit, such permits to be granted, at their discretion, by the City and County Managers only. Section 22-42 Special Provisions. Special conditions and provisions which constitute limita- tions on trail usage imposed by private landowners as a condition for easements granted, shall be enforced, if posted, in the same manner as the prohibitions contained in this Article. Section 22-43 Leaving Trail Right-of-Way. It shall be unlawful, in areas posted, to leave a trail right-of-way at such points as the trail passes on or through private property. The City or County shall enforce and prosecute any violation of this prohibition as a criminal action under this Article, and, if necessary, as a property trespass on behalf of both the City (as holder of the ease- ment) and the owner of the land trespassed upon. Section 22-~4 Dogs on Trails. Where prohibited by posted notice, dogs shall not be permitted on any trail right-of-way. If permitted on the right-of-way all dogs shall be on a leash at all times when required by appropriate posted notice. Section 22-~5 Trail Crossings, Yielding, Safe Speed. Urail users shall stop at all roads and yield to any automobile traffic, unless the intersection is posted otherwise. Bicycle users shall yield to horse riders and pedestrians; horse riders shall yield to pedestrians; and both bicyclists and riders shall reduce their speed when passing bicyclists, horsemen and pedestrians, ~hether said passing is oncoming or overtaking. All users of trails shall obey any posted warning, caution or other signs. Horses are restrict- ed to the unpa~e~d~ortions of trails unless otherwise posted~a~~ ~d trails shall keep to the right half of the pavement at all times. Cyclists and horsemen shall travel at a safe speed at all times. Section 22-~5 Prohibited Activities. It shall be unlawful, on any trail right-of-~fay (or an adjacent property if access thereto is achieved through the trail system) to create loud noises; to use horns and bells; to use firearms or fireworks; to litter; to obstruct the trail system; to deface, cut, blaze or carve trees, !ences, vegetation, trail signs, markers, bridges or structures; to camp or ignite camp fires (except in designated areas);or to camp overnight. -2- RECORD OF PROCEEDINGS 100 Leaves Section 22-~6 Use After Dark. ?ersons using the trail system after dark, especially during the late night and early morning hours, shall avoid the making of any noise such as to disturb residents within the area of the trail right-of-way. Section 22-~7 Enforcement by County Officials. Whenever this Article shall allow for the manage- ment of trail use or enforcement of these regulations by officials of the County, such reference shall be to officers of Pitkin County, colorado, and such rights shall accrue only if so provided by agree- nent between the City and County, and if permitted by law. Section 22-48 Penalties. The violation of any provision of this ArticLe shall be punished by a fine of not exceeding Three Hundred ($300.00) Dollars or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment. Each day any violation shall continue shall constitute a separate offense. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applica- tions, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the /~ day of ~ , 1976, at 5:00 P.?~. in the city Council Chambers, Aspen City Hall, Aspen, Colorado. ZNTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen,/~ its reg~r~meeting held /~7 j~ , 1976. ~~~/~O~R ~.~~ KATHRYN S~ ?LAUT , CITY CLERK FINALLY ADOPTED AND APPROVED ON ~'~ ~ , ATTEST. / ~ /~ ~ / KATHRYN S~ HAUTER, {~ITY CLERK RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) SS. 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 /~/~z~-~ reading at a regular meeting of the City Council of the City of Aspen ~on ~ ~C~/ 197 ~, and published in the Aspe~ Times, a weekly newspaper of general circulation, published in the City of Aspen, its issue of ~L~ ~ , 197~, Colorado, in and was finally adopted and approved at a regular meeting of the City Council on ~ ~ , 197~,__ and ordered published as Ordinance No. ~f , Series of 197 ~, and the day of of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand seal of said City of Aspen, Colorado, this /~ ~ · 197~. Kathryn/S. Hauter City Clerk