HomeMy WebLinkAbout07-07-1999
COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITY ROOM - CITY HALL
JULY 7,1999
8:30 I. Roll call and approval of June 2' 1999 minutes.
8:45 II. Newsrack internal design - Ed Saddler
9:00 III. Ordinance 28,1999 - Newsracks
9:30 IV. Delivery issues - per council
10:30 IV. Adjourn
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,
~.
'I ~..;
The State
"Nail sprucing up
'new~paper boxes
From The Associated Press
."" --VAIL Colo. - TIred of com-
-~ plaints ~ the increasing number of'
garish newspaper boxes are out of
,place in a world class resort, Vail offi-
cials have created wllform cedar cab-
.inets to make them a little less
unsightly.
, "It's government control in an
area that is very sensitive. It is de
facto, although minor, control of the
press," said Cliff Thompson, general
manager of the Vail Valley Tunes.
"What we've seen is the boxes
have multiplied to the point where it
was causing problems," said town
spokeswoman Suzanne Silverthorne.
The cedar newspaper cabinets
were arrived at after worl<ing with
state and national newspaper publish-
ers.
But with wllfonnity comes a loss
in individuality.
"You clearly lose your visibility
and your presence," said Matthew
DiPasquale, cin:ulation manager for
USA Today. "Our blue-and-white
signature rack gets taken away."
Circulation managers from a
dozen publications met at Vail on
Wednesday to pick their cabinet slots
through a lottery process.
. --..---1.,
, Randy Ready, 07: 50 PM 7/1/99
Re: Meeting
X-Sender: randyr@commons
~te: Thu, 01 Ju1 1999 19:50:34 -0500
J: kathys@ci.aspen.co.us, davidho@ci.aspen.co.us, ts101@ci.aspen.co.us
From: Randy Ready <randyr@ci.aspen.co.us>
Subject: Re: Meeting
Kathy, David and Tom--I wasn't sure if you were at the council meeting
Monday or heard from others about the council concerns that need to be
resolved on the delivery ordinance before public hearing on July 12. I'm
forwarding my email to Tim Ware about the questions that came up:
>X-Sender: randyr@commons
>Date: Thu, 01 Jul 1999 17:42:04 -0500
>To: Tim Ware <timw@ci.aspen.co.us>
>From: Randy Ready <randyr@ci.aspen.co.us>
>Subject: Re: Meeting
>
>
> Council has several questions re: the delivery ordinance that will come
>up at the July 12 public hearing. Please attend that council meeting.
>Before then, please work with staff.from the other relevant departments to
>resolve questions about enforcement. HOW will the PO enforce the no
>deliveries between 8pm and 5am? How will the PCO's enforce the
requirement
~that all deliveries be made from loading zones and alleys after 10 am?
hat
>if the alleys and lz's are full? Can the PCO's even write the tickets for
>this violation, or do they have to be issued by a police officer? Rachel
>said that almost all of City Market's and Clark's major deliveries come in
>overnigjt? Is that correct? Please verify with them. If so, what do we
do
>about that?
>
>
>Thanks. rr
>
>
>
>At 09:18 AM 6/30/99 -0500, you wrote:
>>RR, if I remember right did we not change our meeting time? If we did
what
>>did we change it to?
>>
>>Tim
>>
>>
>>
>
~
;>
[Printed for Kathy Strickland <kathys@ci.aspen.co.us>
.D
.----
ORDINANCE NO. 1 S
(Series of~)
AN ORDINANCE MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A
NEWSRACK IN THE PUBLIC RIGHT -OF- WAY WITHOUT FIRST OBTAINING A
PERMIT AND REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-
OF-WAY, BY AMENDING TITLE 21 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, BY ADDING CHAPTER 34.
WHEREAS, a necessary predicate to freedom of speech and freedom of press is the
freedom to disseminate ideas, information and newspapers in public places; and,
WHEREAS, the distribution of newspapers through newsracks is protected under the
Bill of Rights of the Constitution of the State of Colorado and under the First Amendment to
the United States Constitution; and,
<=-:;WHEREAS, the protection of the right of the people to a free press is properly the
sG6fect be municipal regulation; and,
WHEREAS, the freedom of newspaper publishers to decide where on public property
they wish to place newsracks is properly the subject of municipal regulation, provided the
regulation is content neutral, is tailored to serve significant municipal interests, and leave open
ample alternative channels of communication; and,
WHEREAS, there is a substantial governmental interest in promoting the aesthetic and
enviromnental quality of life in both residential and commercial areas of the City of Aspen;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons may reasonably use the public
streets, sidewalks, right-of-way, and other public property without interference with such use;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety and welfare by ensuring that newsracks placed in the public right-of-way do not create
hazardous conditions; and,
WHEREAS, newspaper vending within the public right-of-way and other public
roperty can be accomplished without unreasonably interfering with the normal and reasonable
use of these areas by the public; and,
WHEREAS, the public health, safety, welfare and convenience require that:
i:nterference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of
/Sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage
_W~M L~-tt0 cI~i~~ (~ '
/L~S ~
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done to sidewalks be minimized and repaired; the good appearance of the public streets and
grounds be maintained; trees and other landscaping be allowed to grow without disturbance;
access to emergency and other public facilities be maintained; ingress and egress from
properties adjoining the public right -of-way be protected; the uniquely historic nature of certain
structures within the City of Aspen be preserved; and, that the aesthetic beauty of the City of
Aspen be preserved and protected.
NOW, THEREFORE, BE 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
Chapter 34 to Title 21, which said Chapter shall read as follows:
CHAPTER 34
NEWSRACKS
21.34.010
Definitions.
For purposes of this Article, unless otherwise apparent from the context, certain words and
phrases used herein are defmed as follows:
(a) "Distributor" shall mean the person responsible for placing and maintaining a newsrack
in a public right-of-way.
(b) "Newsrack" means any self-service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for displaying and dispensing, for free or
for sale, newspapers or other news periodicals.
(c) "Engineering Department" shall mean the Engineering Department of the City of
Aspen.
21.34.020
Permit Reauired.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on
any public street, right-of-way or sidewalk, or in any other public way or city owned or
operated place or facility within the city limits of the City of Aspen, any newsrack without first
obtaining a permit from the Engineering Department specifying the exact location of such
newsrack.
,_____~--_...,._.,I
21.34.030
Application for Permit.
Application for permit shaH be made with the Engineering Department on prescribed forms
containing the information required by Sections 21. 34.040 and 21. 34.050, and shaH state with
particularity the exact location of the newsrack. If a distributor applies for more than one
newsrack permit, the information required by Sections 21.34.040 and 21.34.050 may be
provided by incorporating by reference to a previously filed application form that contains the
required information. No fee or bond shaH be required for the newsrack permit. Prior to the
issuance of a permit within the Commercial Core of the City, the City Engineer shaH confer
with the Commercial Core and Lodging Commission.
21.34.040
Content of Application Form.
The newsrack permit application form shaH state the name, address and telephone number of
those responsible for placing and maintaining the newsrack subject to the permit.
21.34.050
Insurance and Indemnification.
As part of a registration under this Article, the applicant, or his/her authorized representative
shaH furnish to the City a certificate of insurance as proof that it has secured and paid for a
policy of public insurance covering all public risks related to the use, maintenance, operation
or location of a newsrack. The insurance shall be procured from a company authorized to do
business in the State of Colorado. The amount of this insurance, without co-insurance clauses,
shall not be less than the maximum liability that can be imposed upon the City of Aspen under
the laws of the State of Colorado found at C.R.S. Section 24-10-101 et seq., as amended. The
distributor shaH provide and keep in force that policy of public liability insurance during such
time as it continues to locate any newsrack under the terms of this Article. The evidence of
insurance filed with the City shaH include a statement by the insurance carrier that thirty (30)
days unconditional notice will be given to the City before any canceHation. If a distributor
presents credible evidence demonstrating an inability to comply in good faith with any of the
foregoing insurance requirement(s), the City Manager or his/her designee shall waive the
subject insurance requirement(s).
In addition, the applicant shall execute a written agreement to indemnify and hold harmless the
City, its officers and employees, from any loss, liability, damage, or cost sustained by any
person or property, to the extent any such loss, liability, damage or cost rises from the
, installation, operation, maintenance or lack thereof, or use of such newsrack; provided,
however, that such obligation to indemnify and hold harmless the City, its officers and
employees shaH not extend to any loss, liability, damage or cost resulting from the acts, failure
to act, or property of a person other than the distributor.
21.34.060
Term of Permit.
The permit issued pursuant to this Article shaH remain in effect until the newsrack is
abandoned or impounded.
.1.
21.34.070
Relrlstration Provisions SUDercede Encroachment Relrulations.
The provisions of this Article shall supercede the provisions of Section 19-5 relating to
encroachments except to the extent specifically incorporated or referenced herein. The
provisions of this Article shall not supercede Article III of this Chapter relating to excavations
in the public right-of-way.
21.34.080
Identification.
Every newsrack distributor shall permanently affIx to each newsrack, in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth the current name, address
and telephone number of the distributor so that malfunctions may be reported; refunds secured
in the event of a malfunction of the coin return mechanism; or to give the notices provided for
in this Article.
21.34.090
Location and Placement of Newsrack.
No newsrack shall be installed, used, or maintained in any location upon public property
within the public right-of-way, or within a public easement adjacent to streets where such
installation, use, or maintenance endangers the safety of persons or property, or interferes with
public utility, public transportation, or other government use, or unreasonably interferes with
or impedes the flow of pedestrian, bicycle, wheelchair, or vehicular traffIc, the ingress into or
egress from any residence, place of business, or any legally parked or stopped vehicle, or the
use of traffIc signs or signals, or hydrants. Without limitation of the foregoing, the following
specific standards apply:
(a) No newsrack shall be used or maintained which projects onto, into, or over any part of
the roadway of any public street.
(b) No newsrack shall be chained, bolted, or otherwise attached or affixed to any
municipally-owned fixture, including, but not limited to, bicycle or ski racks, light
posts, traffIc control devices, or decorative railings and posts located in the public
right-of-way. No newsrack shall be located so as to impede reasonable access to a
bicycle or ski rack located in the public right-of-way. Newsracks may be chained,
bolted or otherwise attached to other newsracks or privately-owned fixtures so long as
such placement otherwise complies with this Chapter and provided that permission for
such connection has been obtained from the owner of the other newsracks or fixture.
(c) Newsracks may be placed next to each other provided that no group of newsracks shall
extend for a distance of more than ten (10) feet along a curb, and a space of not less
than three (3) feet shall separate each group of newsracks. The Engineering
Department may waive the three-foot separation requirement. Whenever it shall
become necessary to create a three (3) foot space between newsracks to come into
compliance with this subsection, the ten (10) foot distance shall be measured from the
.---"-.-........1
newsrack that is most northerly of the group, and if all are equally northerly, then from
the newsrack that is most westerly.
(d) No newsrack shall be placed, installed, used or maintained:
1. Within three (3) feet of any marked crosswalk.
2. Within twelve (12) feet of any curb return.
3. Within five (5) feet of any fIre hydrant, fIre call box, police call box or other
emergency facility.
4. Within fIve (5) feet of any driveway.
5. At any location whereby the clear space for the passageway of pedestrians is
reduced to less than eight (8) feet unless such passageway is already restricted
by the placement of permanent utility pole or other similar permanent fIxture
and the attachment of the newsrack to that fixture or placement of the newsrack
adjacent to that fIxture will not reduce the remaining clear space available for
pedestrian passage and the Engineering Department approves the proposed
placement.
6. Within eight (8) feet of or on any public area improved with flowers, shrubs,
trees or other landscaping.
7. Within the limits of a handicap ramp.
8. Within the limits of the following right-of-way:
(a) The Aspen pedestrian mall.
(b) The sidewalk adjoining any structure within the city limits that has been
designated as a Historic Landmark pursuant to Chapter 26.420 of the
Municipal Code of the City of Aspen; including, but not necessarily
limited to, the Wheeler Opera House, the Hotel Jerome, the Pitkin
County Court House, the Aspen Volunteer Fire Department, St. Mary's
Church, and City Hall with the exception of City Hall along Hopkins
Avenue.
21.34.100
Standards for Maintenance and Installation.
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall
comply with the following standards:
_.,__.~_,_<i.._
(a) No individual single-unit newsrack shall exceed fifty (50) inches in height, measured
from street grade, thirty-two (32) inches in width, or two (2) feet in depth. The height
and width limitations may be waived by the Engineering Department for specific
locations where line-of-sight or other safety considerations are not a factor.
(b) The front panels of newsracks may be used to advertise the sale of the newspapers or
periodicals sold therein. Newsracks may not be used for any other type of advertising.
(c) Where applicable, each newsrack shall be equipped with a coin return mechanism to
permit a person using the machine to secure an immediate refund in the event he is
unable to receive the publication paid for. The coin return mechanism shall be
maintained in good working order.
(d) Each newsrack shall be maintained in a neat and clean condition and in good repair at
all times. Specifically, but without limiting the generality of the foregoing, each
newsrack shall be serviced and maintained so that:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
21.34.110
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible
painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas
thereon.
The clear plastic or glass parts thereof, if any, through which the publications
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes
and discoloration.
The paper or cardboard parts or inserts thereof are reasonably free of tears,
peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It is kept free of taped flyers.
Citv-owned and Installed Newsracks.
The City may from time to time, in its sole discretion, purchase and install individual single
unit or multi-unit newsracks or portions thereof to facilitate the installation of privately-owned
newsracks in the public right-of way or upon private property with the consent of the private
property owner. Distributors may use city-owned newsracks or portions thereof; provided,
however, that the distributor so utilizing a City-owned newsrack shall comply with all sections
of this Article to the same extent as if the newsrack was owned and installed by the distributor,
including, but not necessarily limited to, the permit provisions of Sections 21.34.030 through
____.....J
21.34.100, the indemnification provisions of Section 21.34.050, and .the maintenance
provisions of Section 21.34.100. In no event shall a City-owned newsrack or portion thereof
be moved without the express written approval of the Engineering Department.
Whenever a City-owned newsrack, or portion thereof, becomes available either through
purchase, abandomnent or otherwise, the Engineering Department shall cause to be placed in
the newsrack a clearly visible notice indicating that the newsrack shall become available for
use on a date certain and application for its use can be made with the Engineering Department.
If more than one distributor applies for the use of a particular City-owned newsrack, or portion
thereof, the Engineering Department shall choose a distributor by way of lottery.
21.34.120
Violations.
Upon determination by the Engineering Department that a newsrack has been installed, used or
maintained in violation of the provisions of this Article, the Engineering Department shall issue
an order directed to the offending distributor requiring the correction of the offending
condition within seven (7) days from the date of the order. Such order shall be telephoned to
the distributor and confIrmed by mailing a copy of the order to said distributor. The order
shall specifically describe the offending condition and shall specify the action necessary to
correct the condition. The failure of the distributor to correct the offending condition within
seven (7) days (excluding Saturdays, Sundays, and legal holiday) after the mailing date of the
order shall result in the offending newsrack being removed and processed as lost and
confiscated property in accordance with Section 13-87 of this Code. If the offending newsrack
is not properly identified as to ownership under the provisions of Section 21.34.080 hereof, it
shall be removed immediately and processed as lost and confiscated property in according with
Section 13-87 of this Code. Within seven (7) days of said notice the distributor may request an
informal meeting with the Engineering Department with regard to a resolution of the order
referred to herein in which case the informal meeting shall be held within five (5) working
days from the date of said request and the appeal time referred to in Section 21.34.130 shall
commence and begin to run as of the date of the informal meeting.
Violations of any provision of this Article shall not constitute an offense subject to the general
penalty provisions of Section 1-8 of the Municipal Code.
21.34.130
ADDealS.
Any person or entity aggrieved by a fmding, determination, notice or action taken under the
provisions of this Article may appeal and shall be appraised of his right to appeal to the City
Council. An appeal must be perfected within seven (7) days after receipt of notice of any
protested decision or action by filing with the Engineering Department a letter of appeal briefly
stating therein the basis for such appeal. A hearing shall be held on a date no more than thirty
(30) days after receipt of the letter of appeal. Appellant shall be given at least ten (10) days
notice of the time and place of the hearing. The City Council shall give the appellant, and any
other interested party, a reasonable opportunity to be heard, in order to show cause why the
determination of the Engineering Department should not be upheld. At such hearing the
, ,--_..-,~..~I^~
appellant shall have the right to examine the evidence upon which the Engineering Department
or designated agent acted, to cross examine any witnesses who may have appeared before him
and to offer any evidence which may tend to show that the subject newsrack does not violate
any provision of this Chapter. In all cases, the burden of proof shall be upon the appellant to
show that there was not evidence to support the action taken by the Engineering Department.
At the conclusion of the hearing, the City Council shall make a fInal and conclusive
determination.
The perfection of an appeal to the City Council shall stay the order for removal of any
newsrack until the City Council makes its fInal determination unless said newsrack presents a
clear and present danger of imminent personal injury or property damage. Nothing contained
in this Chapter shall be interpreted to limit or impair the exercise by the City of its police
power, in the event of an emergency, to remove any newsrack.
21.34.140
Abandonment.
In the event a newsrack remains empty for a period of thirty (30) continuous days, or the
distributor appears to have abandoned the newsrack by virtue of dated materials not having
been replenished for a period of thirty (30) continuous days, the same shall be deemed
abandoned and may be treated in the manner as provided in Section 21.34.120 for newsrack in
violation of the provisions of this Chapter.
Section 2
All newsracks resting in whole or in part upon or on any portion of a public right-of-
way or which project onto, into or over any part of a public right-of-way, as of the effective
date of this ordinance, shall be brought into compliance with the terms of this ordinance
including, but not limited to, the permit provisions of Section 21.34.020 through 21.34.060,
the indemnifIcation provision of Section 21.34.050, and the maintenance provision of Section
21.34.100 no later than thirty (30) days following adoption of this ordinance. Any newsrack
not found to be in compliance with the requirements of this ordinance as of such date shall be
subject to Section 21.34.120.
Section 3
The City Council hereby fmds, determines and declares that this ordinance is necessary
and proper to provide for the safety, preserve the health, promote the prosperity, preserve the
aesthetic beauty, improve the order, comfort and convenience of the City of Aspen and the
inhabitants thereof.
Section 4
Except as specifIcally amended hereby, the City of Aspen Municipal Code, and the
various secondary codes adopted by reference therein, shall continue in full force and effect.
~r^___~~,.1
Section 5
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending 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 6
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in 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.
A public hearing on the ordinance shall be held on the day of
1999, 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 , 1999.
. Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
1999.
.~, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
EAA~I02I99-\\ .commons\upauomey\john\word\aar\ord no 2....newsrack.doc
I '''~
QRDINANCE NO~~, SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY THE
ADDITION OF A CHAPTER REGULATING "DELIVERY VEHICLES."
llJYY)m~>t"&'COfl(-/_~ H'~ r-'U~.
WHEREAS, the Commercial Core and Lodging Commission (the "CCLC") of the City
of Aspen has heard complaints and conducted public meetings on the issue of when
commercial deliveries should be permitted in the City of Aspen, and
WHEREAS, the CCLC has determined that deliveries between the hours of 8:00 p.m.
and 5 :00 a.m. are disruptive to the citizens and tourists residing in and near the
Commercial Core, and
WHEREAS, the CCLC has determined that deliveries conducted from the streets are
disruptive to the traffic flow in the Commercial Core between the hours of 10:00 a.m.
and 8:00 p.m., and
WHEREAS, the CCLC has determined that deliveries may be conducted subject to
certain conditions from a legally parked vehicle in a street, alleyway, or truck loading
zone between the hours of 5:00 a.m. and 10:00 a.m., and
WHEREAS, the CCLC believes that it is in the best interests of the health, welfare,
and safety of the citizens of Aspen to amend the Aspen Municipal Code by the addition
of a chapter to be entitled "Delivery Vehicles," and
WHEREAS, the City Council concurs with the CCLC and desires to adopt for the
benefit of the City of Aspen the following code amendments, to be effective
October I, 1999.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section I
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the
addition of a new chapter, 24.20 Delivery Vehicles, which shall read as follows:
e;
)J:p~
63
j~
_'_n.._..1
Chapter 24.20 Delivery Vehicles
24.20.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
Commercial core shall be defined as the CC zone district of the City of Aspen,
which may be amended from time to time by City Council.
Deliveries are defined as the necessary and expeditious loading and unloading of
goods, merchandise, freight, or passengers.
Delivery vehicles are defined as vehicles used to make regular deliveries, as defined
herein to businesses in Aspen and which may be issued a permit allowing parking in
loading zones.
24.20.020 Restrictions on deliveries.
A. 8:00 p.m. to 5:00 a.m.: Between the hours of 8:00 p.m. and 5:00 a.m., no
deliveries may be made in the City of Aspen.
B. 5:00 a.m. to 10:00 a.m.: Between the hours of 5:00 a.m. and 10:00 a.m., deliveries
may be conducted from a legally parked vehicle on a street, alleyway, or truck loading
zone in the City of Aspen.
. C. 10:00 a.m. to 8:00 p.m.: Between the hours of 10:00 a.m. and 8:00 p.m.,
deliveries may be conducted only from the alleyways or truck loading zones of the City
of Aspen.
24.20.030 Exemption of delivery vehicles from certain parking limitations.
A. Delivery vehicles which met the requirements of this Chapter, including Section
24.20.020 above, are exempt from certain parking limitations in Aspen's Commercial
Core and in surrounding Residential Parking Zones.
1. In the Commercial Core a delivery vehicle shall'be allowed to use all truck loading
zones and alleys while the driver is completing a delivery.
2. In the Residential Parking Zones surrounding the Commercial Core, a delivery
vehicle shall be exempt from the two-hour limitation while the driver is completing a
delivery.
3. A vehicle will qualify as a delivery vehicle for purposes of the exemptions if
the regulations set forth iw Section 24.20.040 are met.
2
24.20.040
Regulations on delivery vehicles.
A. Operators of delivery vehicles shall cooperate with City personnel regarding snow
removal and street cleaning operations.
B. Delivery vehicles shaH comply with the idle ordinance and other relevant City of
Aspen ordinances, including but not limited to the Model Traffic Code.
C. A business using a delivery vehicle shaH possess a valid City of Aspen business
license or be exempted from the requirement by the City of Aspen Finance Department.
D. A delivery vehicle shaH either be conspicuously marked as a delivery vehicle with
plain and legible identification including the business name and phone number affixed
permanently to the side of the vehicle or the vehicle shall display a valid delivery permit
issued by the City of Aspen Transportation and Parking Department.
E. The use of a delivery vehicle shaH be required due to (1) the bulk of the items
being delivered or (2) the need for repeated and frequent trips to load or unload the
vehicle.
F. The vehicle must be actively involved in a delivery for the entire period' of any
exemption granted. SpecificaHy; the exempted status does not cover time taken for
personal business, business not specificaHy involving the delivery, and break periods.
24.20.050 Violations and penalties.
A violation of any of the provisions of this code shall constitute a misdemeanor,
punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment,
as set forth in section 1.04.080 of this Code. A separate offense shall be deemed
committed on each day or portion thereof that a violation of the provisions of this code
occurs or continues unabated. '
Section 2
This ordinance shall not be effective until October 1, 1999.
Section 3
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
3
--".-".-. ....1.
Section 3
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of any other
ordinance, and the same shall be conducted and concluded under such other
ordinance.
Section 4
A public hearing on the ordinance shall be held on the _ day of , 1999,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorad,o.
INTRODUCED AND READ as provided bylaw by the City Council of the City of
Aspen on the _ day of , 1999.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed, and approved this _ day of
,1999.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
4
Randy Ready, 07:50 PM 7/1/99 - Re: Meeting
X-Sender: randyr@commons
~te: Thu, 01 Jul 1999 19:50:34 -0500
J: kathys@ci.aspen.co.us, davidho@ci.aspen.co.us, ts101@ci.aspen.co.us
From: Randy Ready <randyr@ci.aspen.co.us>
Subject: Re: Meeting
Kathy, David and Tom--I wasn't sure if you were at the council meeting
Monday or heard from others about the council concerns that need to be
resolved on the delivery ordinance before public hearing on July 12. I'm
forwarding my email to Tim Ware about the questions that came up:
>X-Sender: randyr@commons
>Date: Thu, 01 Jul 1999 17:42:04 -0500
>To: Tim Ware <timw@ci.aspen.co.us>
>From: Randy Ready <randyr@ci.aspen.co.us>
>Subject: Re: Meeting
>
>
> Council has several questions re: the delivery ordinance that will come
>up at the July 12 public hearing. Please attend that council meeting.
>Before then, please work with staff from the other relevant departments to
>resolve questions about enforcement. HOW will the PO enforce the no
>deliveries between 8pm and 5am? How will the PCO's enforce the
requirement
'that all deliveries be made from loading zones and alleys after 10 am?
hat
>if the alleys and lz's are full? Can the PCO's even write the tickets for
>this violation, or do they have to be issued by a police officer? Rachel
>said that almost all of City Market's and Clark's major deliveries come in
>overnight? Is that correct? Please verify with them. If so, what do we
do
>about that?
>
>
>Thanks. rr
>
>
>
>At 09:18 AM 6/30/99 -0500, you wrote:
>>RR, if I remember right did we not change our meeting time? If we did
what
>>did we change it to?
>>
>>Tim
>>
>>
>>
>
~rinted for Kathy .Strickland <kathys@ci.aspen.co.us>
lJ
-,,----_.<. --.".-.-1-----
COMMERCIAL CORE & LODGING COMMISSION
MINUTES OF July 7. 1999
Chairperson Jon Busch called the meeting to order at 8:30 a.m.
Commissioners in attendance were Bill Dinsmoor, Terry Butler and John
Starr. Don Swales was excused.
MOTION: Bill moved to approve the minutes of June 2, 1999; second by
John. All in favor, motion carried.
Discussion of the ACRA and the business community. Board members felt
that he business community has the fear of change. Aspen is a
sophisticated community. Aspen is a town that is run by citizen
involvement.
DELIVERY VEHICLE
Terry, John, Bill, David Hoefer and Tim Ware will attend the July 26th
council meeting regarding the public hearing on the delivery vehicle
ordinance.
Tim Ware addressed the enforcement issue and the Police Dept. and the
Transportation Dept. will enforce the ordinance. The definition of
commercial core will be clearly explained. A final revision will be
presented at the 21 st meeting.
NEWSRACK DESIGN
Ed Saddler presented the internal design of the corral. Lou from the Aspen
Times worked with Ed and the CCLC. The CCLC wanted the Newspapers
to get involved.
Jon was opposed to the double spring loaded rack but the newspaper
distributors like it because you can put more papers in the box. The spring
loaded box can accommodate the Sunday paper in a sufficient quantity. The
spring loaded allows for bigger papers and more of them in one location. In
general the CCLC accepted the design. The board also opposed the open
corral design.
Jon stated that a rack needs to be chosen for the corral that will encompass
the realestate rag. John Worcester agreed that an area needs to be provided
in the corrals.
NEWSRACK ORDINANCE
Michael McVoy, president of Full court Press that publishes the Aspen
Times and the Glenwood Independent attended the meeting. He stated that
numerous existing sites would not comply with the ordinance due to tree
distance, the eight foot sidewalk rule etc.
Jon stated that the ordinance could pass if the CCLC gets the support of the
media.
John Starr felt that the proposed ordinance was a little more powerful than
what the CCLC intended it to be.
John Worcester stated that the Eng. Dept. will probably keep the areas that
are existing.
John Worcester, attorney stated that the locations can be designated and
filled but as long as there are other areas available for papers it is legal.
Spill over areas will be indicated on a map.
Advertizing material will be included in the ordinance.
Michael stated that the reale-state periodicals have not been addressed in the
ordinance and should be.
Jon stated that good areas for newspapers have been lost such as Cooper
Street. The only redundant area is at the Wienerstube. The sensible thing to
do is figure out the best area for newsracks with the Engineering Dept.
John Worcester stated that the definition of a newsrack needs to be clear in
the ordinance and will include all sorts of news rags. The Supreme Court
has stated that you cannot discriminate between the newspapers and
periodicals. The news rags can participate in the lottery.
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...._. ..~."..N_I__~"
John Worcester stated that we can limit the location of them as long as there
are alternate avenues of communication. There may not be space in the
condo racks but as long as there are there are still places in town to put
them. There will always be an area of expansion if we need it or they can
wait till a condo rack gets vacated.
John Starr referred to other areas in the core that will be available that
comply with the newsrack ordinance.
John Worcester stated that the board can work with the newspaper vendors
to determine if the existing sites are appropriate.
John Starr stated other areas in the core will be available if they comply
with the ordinance's guidelines.
Michael McVoy had concerns about the lottery.
Bill stated that having 20 racks in a row is inappropriate.
The lottery will determine if a space is open who can go into that space.
McVoy suggested looking at the existing sites and seeing if the ordinance
fits or racks need eliminated. He also suggested that the publishers come to
a future meeting.
MOTION: Jon moved to adjourn; second by Bill. All infavor, motion
carried.
Meeting adjourned at NOON.
Kathleen J. Strickland, Chief Deputy Clerk
3