HomeMy WebLinkAboutordinance.council.003-73RECORD OF PROCEEDINGS
ORDINANCE NO. ~
(Series of l~'fS~-
100 Leaves
AN ORDINANCE AMENDING CHAPTER 19 OF THE ASPEN
MUNICIPAL CODE BY ADDING ARTICLE VI THERETO
ESTABLISHING pROCEDURES FOR OBTAINING PERMITS
FROM THE CITY OF ASPEN TO INSTALL AND OPERATE
PUBLIC SKI STORAGE RACKS ENCROACHING OR LOCATED
UPON PUBLIC RIGHTS OF WAY.
WHEREAS,
the City of Aspen have expressed an interest
to install and operate ski storage racks on
the buildings in which their businesses are
a number of business establishmentS situated in
in being permitted
the outside walls of
located, or in other
authorized areas, which racks would extend onto or be located
upon public rights of way~ for purposes of temporary storage of
skis by the general public; and
WHEREAS, the Aspen City Council and the City Engineering
Daprtment have determined that permitting the installation and
operation of such ski storage racks~ subject to appropriate
regulations~ will be of substantial benefit to the community by
providing safe and convenient temporary storage for skis and will
further serve as an attraction to the skiing public to patronize
the Aspen business area and the Aspen vicinity skiing facilities
in general,
NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN~ COLORADO:
Section 1.
That Cahpter 19 of the Municipal Code of the City of Aspen
is hereby amended by adding thereto the following Article VI, which
said Article VI shall read as follows:
,'ARTICLE VI. pERMITS FOR SKI STORAGE RACKS
ENCROACHING ~ OR LOCAT~ UPON pUBLIC RIGHTS OF WAY
Section 19-141. permit for installing and operating
ski storage rack encroaching or located
upon public right of way - qualification;
application.
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The owner of any business conducted within the City
for which a Business License has been issued may apply to
the City Engineering Department for a permit to install,
operate and maintain a ski storage rack on the outside wall
of the building in which his business is located, or in such
other area as may be approved by the City Engineering Depart-
ment, for purposes of temporary storage of skis by the general
public. The application shall be made upon the form provided
by the City Engineering Department, and shall include an affi-
davit signed by the applicant ( and by the owner of the
building if the applicant is a lessee) stating the name of
the applicant and of the owner of the building~ the name and
address of the business, and such other additional information
as the City Engineering Department may reasonably require from
time to time, and stating further that the applicant ( and owner,
if not the applicant) agrees to save, defend and hold harmless
the City from all liabilities or claims due to loss, damage,
theft or injury of or to persons or property arising from the
use of such rack, and stating further that the applicant
agrees to comply with the provisions of this article and with
all regulations which may be promulgated from time to time by
the City Engineering Department in connection with the installa-
tion, operation, maintenance and use ~ such racks. The
application shall be accompanied by the full amount of the
fee required for such permit, and by an accurate drawing of
the proposed rack showing the design and location thereof.
Section 19-142. General specifications for ski
storage racks.
In addition to whatever regulations the City Engineering
Department may from time to time promulgate in connection with
such racks, all ski storage racks shall:
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(1) Be fitted with functional locks, and be of such structural
design as shall be approved by the City Engineering Department.
(2) Be so designed and constructed as to harmonize as closely
as possible with the buildings to which they are attached, or
with whatever other approved area they may be located upon.
(3) If of the wall-mounted type, allow a minimum clearance,
for purposes of snow removal and ordinary sidewalk traffic, of
at least six (6) feet between the nearest curb and the furthest
protrusion of the rack, and of at least 6" from the lowest
part of the rack and of the ski carried by such rack and side-
walk.
(4) Clearly display the name, address and phone number of the
applicant-operator of the rack.
(5) Be maintained in an operable condition at all times.
Section 19-143. Fee; expiration of permit.
The fee for the permit required by this article will be
the sum of five dollars ($5.00) annually, which fee shall be
paid to the director of finance on or before February 1 of
each and every year. The permit required by this article shall
automatically expire on February 1 of any year for which the
permit fee has not been paid for the next year as above required.
Section 19-144. Termination of permit; removal of racks.
The occurrence of any of the following events shall cause
the automatic revocation and termination of a permit issued
under the provisions of this article, and the ski storage rack
installed under such permit shall be completely removed by the
permit-holder within ten (10) days following the termination
thereof, to wit:
(1) Termination of the permit-holder's right to occupy the
· d
building space descrzbe in the permit application, or the per-
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manent removal of
(2)
of
the permit-holder's business from such space.
The failure of the permit-holder to remedy any violations
this article or of the regulations promulgated hereunder
within ten (10) days following receipt by the permit-holder
of written notice from the City Engineering Department that
such violations have occurred.
(3) The receipt by the permit-holder of written notice from
the City Engineering Department that the City has provided
adequate public ski storage in malled areas or other public places.
Section 19-145. Permit required; violation of article
provisions or regulation; separate
offense for each day's violation.
The installation or operation of any ski storage rack
which encroaches or is located upon a public right of way (a)
without first having procured a permit from the City so to do,
or (b) in violation of any of the provisions of this article or
of any regulation promulgated hereunder by the City Engineering
Department or the failure to remove a rack within ten (10) days
following the termination of the related permit, shall constitute
a violation of this article and shall be deemed a separate
violation hereof for each and every day that such violation
continues. Any such violation shall be unlawful, and shall be
subject to criminal prosecution in the Municipal Court of the
City of Aspen."
Section 2.
If any provision of this ordinance or the application thereof
to any perosn or circumstance is held invalid, such invalidity shall
not affect other provisions or application of the ordinance which
can be given effect without the invalid provisions or applications,
and to this end the provisions of this ordinance are declared to be
severable.
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Section 3.
ordinance shall be held at
~'~-o P.M. in the City Council
A public hearing on the
~~~ /.~ /??_~ at
Chambers, City Hall Building, Aspen, Colorado.
INTRODUCED~ READ AND ORDERED PUBLISHED as provided by law
by the City Council of the City of Aspen~ Colorado on
day of ~.,~
1973.
City clef 1~
IINALLY ADOPTED~ PASSED AND APPROVED this~ /~, day of
ATTEST: ~
(~._..~ ~~'~'~/ ~ City Clerk
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STATE OF COLORADO)
)
COUNTY OF PITKIN )
ss CERTIFICATE
~[, Lorraine Graves, City Cler~ of Aspen, Colora~Jo,
do hereby certify that the above and forefoing ordinance was
by title
introduced, read~mx~t~l, and passed on first
reading at a regular meeting of
the City Council of the
~1~7 3, and nublish-
City of Asoen on January 22
Today
ed in the As~en~ a weekly newsoaner of general ci-'cul-
ation, published in the City of Ashen, Colorado, in its
issue of ~ ..... ~y ~ , 1~7~, and was finally
adopted and aDnro~ed at a regular meeting of the City
,1973~and ordered published
, Series of 197--3, of said City, as
Council on February 12
as Ordinance No. 3
orovided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of As~en~ Colorado, this ]?~h
day of February 12 ~ 1')7 3.
SEAL
~Lorrazne Graves, Czty Cler!~