HomeMy WebLinkAboutordinance.council.031-71ORDINANCE NO. 3 /
AN ORDINANCE ADOPTING BY REFERENCE AND ENACTINGA NEW
MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO;
INCLUDING ORDINANCES PREVIOUSLY ADOPTED BY THE
CITY; ESTABLISHING THE CODE; LISTING BOILERS AND
PRESSURE VESSELS CODE OF DENVER, UNIFORM BUILD-
lNG CODE, 1967 EDITION, NATIONAL ELECTRICAL CODE,
GAS INSTALLATION RULES AND REGULATIONS, UNIFORM
BUILDING CODE, VOLUME III, 1970 EDITION, STATE TECH-
NICAL PLUMBING CODE REGULATIONS, WARM AIR HEAT-
ING, VENTILLATING AND AIR CONDITIONING CODE OF
DENVER, THE MODEL TRAFFIC CODE OF COLORADO MUNI-
CIPALITIES, ALL ADOPTED BY REFERENCE WITHIN THE
CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDI-
NANCES NOT INCLUDED THEREIN; PROVIDING FOR THE
EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR
THE VIOLATION THEREOF; PROVIDING FOR THE MANNER
OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1. That the Municipal Code, consisting of Chapters 1 to ~,
each inclusive, is hereby adopted and enacted as the "Municipal Code of
the City of Aspen, Colorado," pursuant to the authority conferred by
Colorado Revised Statutes, Chapter 139, Article 34, and shall be treated
and considered as a new and original comprehensive ordinance which shall
supersede all other general and permanent ordinances passed by the city
council on or before December 28, 1970 , to the extent provided in
section Z hereof.
Section 2. That all provisions of such Code shall be in full force
and effect from and after theist day of January
1972, and all
ordinances of a general and permanent nature enacted on final passage on
or before the 2.8 day of December
, and not included in such
Code or recognized and continued in force by reference thereto are hereby
repealed from and after the 1st day of January, 1972
Section 3. The repeal provided for in section 2 hereof shall not be
construed to revive any ordinance or part thereof that has been repealed
by a subsequent ordinance which is repealed by this ordinance.
Section 4. The following secondary codes are incorporated in
the Municipal Code of the City of Aspen, Colorado:
(a) Chapter 57 of the Building Code of the City and County
(d)
(e)
(f)
(g)
of Denver, Colorado, as revised to and including
October 1, 1959, commonly referred to as the
(h)
Boilers and Pressure Vessels Code of the City and
County of Denver, Colorado;
Uniform Building Code, 1967 edition of the International
Conference of Building Officials, 50 South Los Robles,
Pasadena, California, 91101;
National Electrical Code, 1968 edition of the National
Fire Protection Association, 60 Battery March Street,
Boston, Massachusetts;
Gas Installation Rules and Regulations for the City of
Aspen, Colorado;
Uniform Building Code, Volume, III, entitled, Housing,
1970 edition, prepared by the International Conference
of Building Officials, 50 South Los Robles, Pasadena,
California, 91101;
Technical Plumbing Code Regulations of the State Board
of Public Health of the State of Colorado, effective
October 29, 1953, as amended;
Chapter 5Z of tie Building Code of the City and County
of Denver, Colorado, as revi:sed to and including
January 1, 1965, commonly referred to as the Warm Air
Heating, Ventilating and Air Conditioning Code of the
City of Denver, Colorado;
The Model Traffic Code of Colorado Municipalities, 1966
edition;
Section 5. Said Municipal Code contains the following penalties:
Section 1-8. General l~enalty for violations of Code;
continuing violations; default.
(a) Whenever in this Code or in any ordinance
of the City an act is prohibited or is made
or declared to be unlawful or an offense or
a misdemeanor, or wherever in such Code
or ordinance the doing of any act is required
or the failure to do any act is declared to be
unlawful, and no specific penalty is provided
therefor, the violation of any such provision
of this Code or any such ordinance shall be
punished by a fine of not exceeding three
hundred dollars ($300.00) or imprisonment
for a period of not more than ninety (90} days
or both such fine and imprisonment at the
discretion of the court. Each day any vio-
lation of this Code or of any ordinance shall
continue shall constitute a separate offense,
unless otherwise provided.
(b) Any person in default of payment of any fine
imposed shall be imprisoned in the county
jail for a period of one (1) day for each ten
dollars ($10.00) of such fine.
Section 7-14Z. Penalty.
Section 205 of the Uniform Building Code, adopted by
reference in this article is hereby adopted as follows:
Section 205. It shall be unlawful for any person,
firm, or corporation to erect, construct, enlarge
alter, repair, move, improve, remove, convert
or demolish, equip, use, occupy, or maintain any
building or structure in the City, or cause the same
to be done, contrary to or in violation of any of the
provisions of this Code.
_Any person, firm, or corporation violating any of
the provisions of this Code shall be deemed guilty
of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and
every day or portion thereof during which any
violation of any of the provisions of this Code is
committed, continued, or permitted, and upon
conviction of any such violation such person shall be
punishable by a fine for ncr more than $300.00 or by
imprisonment of not more than 90 days, or by both
such fine and imprisonment.
Section 7-197. Penalty.
Section HZ04 of the Uniform Building Code, Volume III,
entitled, Housing, 1970 edition, adopted by reference in
this article is hereby adopted as follows:
Section H204. It shall be unlawful for any person,
firm, or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert,
or demolish, equip, use, occupy, or maintain any
building or structure in the City, or cause or permit
the same to be done, contrary to or in violation of
any of the provisions of this Code.
Any person, firm, or corporation violating any of
the provisions of this Code shall be guilty of a
misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and
every day or portion thereof during which any
violation of any of the provisions of the Code is
committed, continued or permitted, and upon
conviction of any such violation such person
shall be punishable by a fine of not more than
$300.00 or by imprisonment for not more than
90 days, or by both such fine and imprisonment.
Section 22-4.1. Penalty for Model Traffic Code.
Section 22-1(b) of the Model Traffic Code adopted by refer-
ence in this Chapter is hereby adopted as follows:
(b) Unless a different penalty is expressly pro-
vided by law, every person convicted of a
violation of any provision of this ordinance
shall be punished by a fine of not more than
three hundred dollars ($300.00) or by
imprisonment for not rno re than ninety (90)
days or by both such fine and imprisonment.
Section 22-14. Penalty assessment and schedule.
(d)
The penalty assessment and the nature of the
traffic violation for which the penalty asses s-
ment may be made by the arresting officer
and accepted and paid by the violator under
the privileges of this section shall be made
as herein set forth:
(1)
(Z)
(3)
Speeding (up to 10 m. p. h.
over the speed limit) ............... $ ZS. 00
Wrong side - improper lane ......... 10.00
Improper passing .................. 10.00
(5)
(6)
(?)
(8)
(lO)
(n)
Failure to stop at railroad crossing .... $10. O0
Improper registration ................ 10. O0
Turning on crest or curve ............ 8.00
Improper turning-intersection ........ 8.00
Overtaking vehicle on left ............ 8.00
Overtaking vehicle on right .......... 8.00
Limitations - overtaking vehicle on left 8.00
Failure to yield right-of-way to
another vehicle .................... 10.00
(1Z) Failure to stop or yield intersection
entering through highway ........... 8.00
(13) Failure to yield right-of-way entering
highway from private road .......... 8.00
{14) Failure to yield right-of-way to
pedestrian ........................ 8.00
(15) Failure to stop or yield at through
highways ......................... 8.00
{16) Projecting load .................... 8.00
(17) Overheight - overlength ........... 8.00
(18) Wheel and or axel load ............. 8.00
(19) Gross weight of vehicle and or load- 8.00
(Z0) Throwing foreign matter on highway 8.00
(21) Damaging highway ................. 8.00
(22) Overwidth ........................ 8.00
{23} Improper starting ................. 5.00
{24) Spilling loads on highway ........... 5.00
(25) No emergency lighting equipment .... 5.00
(26) Improper use of parking lights ....... 5.00
(27) Disregarded traffic-control signal .... 3.00
{28) Disregarded flashing signal .......... 3.00
{29) Disregarded railroad signal .......... 3.00
(30) Disregarded railroad marking ........ 3.00
{31) Failed to signal ..................... 3.00
{32) Followed too closely ................ 8.00
(33) Improper left turn at intersection .... 3.00
(34) Failed to dim lights ................. 3.00
(35) Stop lights and turn signals .......... 3.00
(36) Light or flag on projecting load ...... 3.00
(37) Lights on parked vehicles ........... 3.00
{38) Lights on farm vehicle and equipment 3.00
{39) Spot lights and auxiliary lights ....... 3.00
{40) Emergency vehicle signals .......... 3.00
(41) Signal lights and devices ............ 3.00
{42) Multiple-beam road lights ........... 3.00
{43) Single-beam road lighting equipment-- 3.00
(44) Number of lights permitted .......... 3.00
(45) Lighting equipment department control-
use and operators ................... 3.00
{46) No valid operator chauffeur license .... 3.00
(47) Failure to comply with inspection law- 3.00
(48) Enforcement by police officer ......... 3.00
(5o)
(51)
15zl
(53)
(54)
(55)
(56)
(57)
(58)
(59)
Illegal parking ................. 3.00
Illegal parking - right-hand
curb .......................... 3.00
Unattended motor vehicle ....... 3.00
Obstruction of view or
driving mechanism ............. 3.00
Trailers and towed vehicles ..... 3.00
Improper brakes ............... 3.00
Improper horn ................ 3.00
Defective mufflers or
no mufflers .................... 10.00
Rear view mirrors ............. 3.00
Windshield wipe rs .............. 3.00
Tail lights and reflectors ........ 3.00
Section 6. That any and all additions and amendments to such
Code, when passed in such form as to indicate the intentirn of the city
council to make the same a part thereof shall be deemed to be incorporated
in such Code so that reference to the "lViunicipal Code of Aspen, Colorado,"
shall be understood and intended to include such additions and amendments.
Section 7. In case of the amendment of any section of such
Code for which a penalty is not provided, the general penalty as set out
in section 5 of this ordinance and section 1-8 of such Code shall apply to
the section as amended; or in case such amendment contains provisions for
which a penalty, other than the aforementioned general penalty, is provided
in another section in the same chapter, the penalty so provided in such
other section shall be held to relate to the section so amended unless such
penalty is specifically repealed therein.
Section 8. That a copy of such Code shall be kept on file in the
office of the city clerk preserved in looseleaf form, or in such other form
as the city clerk may consider most expedient. It shall be the express
duty of the city clerk or someone authorized by him, to insert in their
designated places all amendments or ordinances which indicate the intention
of the city council to make the same a part of such Code when the same have
been printed or reprinted in page form, and to extract from such Code all
provisions which may be from time to time repealed by the city
council. This copy of such Code shall be available for all per-
sons desiring to examine the same.
Section 9. That it shall be unlawful for any person to
change or amend, by additions or deletions, any part or portion of
such Code, or to insert or delete pages, or portions thereof, or
to alter or tamper with such Code in any manner whatsoever which
will cause the law of the City of Aspen, Colorado, to be misre-
presented thereby. Any person violating this section shall be
punished as provided in section 5 of this ordinance.
Section 10. Ail ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby
repealed.
1st
Section 11. This ordinance shall become effective on the
day of January , 19 72.
Section 12.
held on ~7~~ ~?~.. ???/at
Chambers, City Hall, Aspen, Colorado.
PASSED AND APPROVED this
ATTEST:
City Clerk
A public hearing on the ordinance shall be
P.M. in the City Council
day of ~7~~ , 197__.
Ma yo r ~ ·
CERTIFICATE
THE STATE OF COLORADO
COUNTY OF
Thi s Code of Civil and Criminal Ordinances of the City of Aspen,
Colorado, adopted and enacted on this 22ndday of November ,
197 1 , as the "Municipal Code of the City of Aspen, Colorado," by ordi-
nance of the city council, effective the 1st day of January , 1972,
and after the adoption and publication of the adopting ordinance as required
by law, is hereby duly authenticated and approved.
Mayor of the City of Aspen,
affixed hereto, this c~
(SEAL)
IN WITNESS WHEREOF I have hereunto subscribed my name as
attested by the city clerk with the seal of the
day of ~-'~~ , 197/.
ATTEST:
City Clerk