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Home My WebLink Aboutordinance.council.011-2022ORDINANCE # 11 (Series of 2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 24, CHAPTER 12 OF THE ASPEN MUNICIPAL CODE. WHEREAS, the City of Aspen ("the City") recognizes the importance of a safe and enjoyable system of trails and has adopted rules and regulations contained with Title 24 of the City of Aspen Municipal Code; and, WHEREAS, the rise of in use of bikes, electric assisted bikes, and other electric powered devices on the City of Aspen trails system has increased concerns for the safety of pedestrians and other users of the City trails system making it necessary to adopt rules and regulations to address the risks posed by electric assisted bicycles and other devices used on the trails system; and, WHEREAS, the City recognizes the benefits of maintaining and operating a groomed Nordic trail system and the need to regulate uses on the City's Nordic trail system, WHEREAS, the Aspen City Council finds that the proposed amendments to Title 24 of the City of Aspen Municipal Code furthers and are necessary for the promotion of public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR -ADO, Section 1 That Title 24, Chapter 12 of the Municipal Code of the City of Aspen is hereby amended as follows: Chapter 24.12. - ASPEN TRAIL SYSTEM Sec. 24.12.010. — Trail system., shall be repealed and replaced in its entirety with the following: Sec. 24.12.010. - Trail system. The Aspen Trail System is defined as those trails managed or owned by the City of Aspen and inventoried by the City of Aspen Parks and Open Space Department. This Chapter applies to all trails lying and being within the City and all other trails outside the City limits over which the City has jurisdiction and control. Section 24.12.030. Vehicles prohibited., shall be repealed and replaced in its entirety with the following: 24.12.030. Vehicles prohibited., It shall be prohibited to operate any powered vehicle on the Aspen Trail System except for the devices: a) Electronic assisted bicycles, referred to herein as E-bikes, conforming to one of the three classes as defined in Colo. Rev. Stat. section 42-1-102(28.5), as amended, shall be allowed upon paved trails. E-bikes of any sort are prohibited upon natural surface singletrack trails of width less than 5 feet. b) Other powered devices such as one -wheels, electric skateboards and electric powered scooters shall be allowed upon paved trails. Such devices must be powered by electric motor not exceeding 750 Watts, have a width of no more than 30 inches, and weigh no more than 65lbs. Powered devices of any sort are prohibited upon natural surface singletrack trails. c) Wheelchairs or any device designed to assist people with mobility impairments who use pedestrian right of ways. d) City maintenance, ranger, police, fire, ambulance and emergency vehicles are permitted to operate necessary vehicles on the Aspen Trail System. In the event of an emergency, officers and employees thereof are authorized to permit emergency vehicles to enter upon the trails. e) Special permission may be granted by the Parks and Recreation Director or the Parks and Open Space Director 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. Sec. 24.12.030. -Special Provisions. shall be repealed and replaced in its entirety with the following: Sec. 24.12.030. - Requirements of bicycle rental businesses and courtesy bicycle fleets. a) Any bicycle or E-bike used on the Aspen Trail System shall be sound and safe for use and shall be equipped with a bell or other device for announcing on the trail system. Rental businesses that offer bicycles or E-bikes for rent and any business that offers bicycles or E-bikes for complimentary use shall be responsible for ensuring compliance with this requirement. b) Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall ensure that all users of the fleet bicycle have watched an orientation video for safe operation of bicycles and E-bikes in Aspen as prescribed by the Parks and Recreation Director. c) Rental businesses that offer five (5) or more bicycles or E-bikes for rent and any business that offers five (5) or more bicycles or E-bikes for complimentary use shall adhere to any regional restrictions, conditions, or permit requirements placed upon any route, trail or roadway and shall educate their users of the same. Section 24.12.040. Leaving trail right-of-way., shall be repealed and replaced in its entirety with the following: Sec. 24.12.040. - Leaving trail right-of-way, special conditions. 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 Chapter and, if necessary, as a property trespass on behalf of both the City (as holder of the easement) and the owner of the land trespassed upon. Special conditions and provisions which constitute limitations 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 Chapter. Section 24.12.050. Dogs on trail., shall be repealed and replaced in its entirety with the following: Sec. 24.12.050. - Nordic trail system The Aspen Nordic Trail System shall be defined as those winter trails maintained by the Pitkin County Nordic Program that fall within the limits of the City of Aspen. Users of the Aspen Nordic system shall obey all trail designations and signage posted on the trails to express caution, to restrict use by type of travel, to prohibit pets, or to denote a trail closure. It shall be unlawful for anyone to operate a motor vehicle, snowmobile, or motorcycle upon the Aspen Nordic System. Section 24.12.060. Trail crossings, yielding, safe speed., shall be repealed and replaced in its entirety with the following: Sec. 24.12.060. - Safe speed, announcing, yielding, crossings. Cyclists, users of other devices, and equestrians shall travel at a safe speed at all times and abide by any speed limits posted on the trail system. All users of trails shall obey any posted warning, caution, traffic control or other signs. Trail users shall announce with an audible signal or voice before overtaking other trail users. Users of paved trails shall keep to the right half of the pavement at all times. Bicyclists, skaters, users of other devises, pedestrians and others shall yield to equestrians. Bicyclists, skaters, and users of other devices shall yield to pedestrians. Bicyclists shall yield to skaters. Downhill users yield to Uphill users. Faster users yield to slower users. Trail users shall stop at all roads and yield to any automobile traffic, unless the intersection is posted otherwise. Trail users shall not be required to stop at each private driveway. At such intersections automobiles shall yield to trail users. Horses are restricted to the unpaved portions of trails unless otherwise posted as provided by law. Section 24.12.070. Prohibited activities., shall be repealed and replaced in its entirety with the following: Sec. 24.12.070. - Prohibited activities. It shall be unlawful, on any trail right-of-way (or an adjacent property if access thereto is achieved through the trail system) to create loud noises; to use firearms or fireworks; to litter; to obstruct the trail system; to deface, cut, blaze or carve trees, fences, vegetation, trail signs, markers, bridges or structures; to camp or ignite campfires (except in designated areas); or to camp overnight. It shall be illegal to operate any bicycle or other approved device upon the trail system in a careless manner. Section 24.12.080. Use after dark., shall be repealed and replaced in its entirety with the following: Sec. 24.12.080. - Use after dark. Users of the trail system after dark, on any type of bicycle or other allowed device shall be required to use a light as to be clearly visible to other users. Persons using the trail system, 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 2. Effect Upon Existing Litigation. 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 amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a 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. Section 9. Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 Oth day of May 2022. Torre, Mayor ATTEST: Nicole Henning, City Jerk FINALLY, adopted, passed and approved this&y of 2022. Torre, Mayor ATTEST: Nicole Henning, City Clerk APPROVED AS TO FORM: resT—rue, City Attorney