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Home My WebLink Aboutordinance.council.016-14 RECEPTION#: 613527, 09/15/2014 at ORDINANCE NO. 16 01:21:06 PM, 1 OF 4, R $26.00 Doc Code ORDINANCE (Series of 2014) Janice K.Vos Caudill, Pitkin County, CO AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING TITLE 24 IN REGARDS TO THE OPERATION OF BICYCLES AND OTHER HUMAN POWERED VEHICLES ON PUBLIC ROADS IN THE CITY OF ASPEN, COLORADO. WHEREAS,Section 42-4-110(1)(b),C.R.S.,authorizes local authorities to adopt by reference a model traffic code embodying the rules of the road and vehicle requirements set forth in Article 4 of Title 42,C.R.S., and such additional local regulations as are provided for in Section 42-4-11,C.R.S.;and WHEREAS,Section 42-4-111(1)(b),C.R.S.,as amended,authorizes a City's reasonable exercise of police power with respect to streets and highways under its jurisdiction; and WHEREAS,Section 42-4-11 l(1)(h),C.R.S.,provides that nothing in Article 4 of Title 42, C.R.S., prevents local authorities,with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power,from regulating the operation of bicycles consistent with the provision of Article 4 of Title 42,C.R.S.; and WHEREAS,the City of Aspen has adopted(and amended)the Model Traffic Code for Colorado, 2003 edition,as the City of Aspen Traffic Code for the City of Aspen;and WHEREAS,in recognition of the considerable health,environmental and commercial benefits of cycling and the prevalence of cycling throughout the City of Aspen,the City of Aspen has invested capital dollars developing state of the art cycling pathways and facilities;and WHEREAS,in recognition of its efforts to promote and accommodate cycling,the City of Aspen has been awarded the prestigious designation of"Bicycle Friendly Community"from the League of American Cyclists in 2012;and WHEREAS,the City of Aspen believes that the fundamental differences between non-motorized and motorized vehicles as authorized modes of transportation sharing public roadway may sometimes warrant the adoption of traffic regulations that reasonably accommodate such differences in the City of Aspen where so many citizens and visitors regularly cycle for commuting and recreation purposes; WHEREAS,the Model Traffic Code of the State of Colorado and the existing City of Aspen Traffic Code include regulations,based primarily on section 42-4-1412,C.R.S. all include cyclist specific regulation for cyclists use of public roadways,which implicitly acknowledges the existence of circumstances that may justify adoption of necessary or reasonable cyclist specific traffic regulations; and WHEREAS,the City of Aspen finds Stop as Yield regulations are an example of cycling specific traffic regulations that may be safely and reasonably implemented to accommodate significant differences between bicycles and motorized vehicles with respect to the requirement to come to a complete stop at stop signs; and WHEREAS,the City of Aspen finds that cyclists that pass through stop signs using due care and following applicable laws for doing so raises significantly lesser risk of injury that allowing motor vehicles to do the same,and further that the effort necessary for cyclists to proceed from a dead stop are significantly greater than that necessary for drivers of motor vehicles;and WHEREAS,The City of Aspen finds that so long as the Stop as Yield regulations hereby adopted are followed,as is required for all rules of the road,they will not create or increase health or safety risks to users of public roadways in the City. NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1:The following sections of Title 24—Traffic and Motor Vehicles, shall read as follows: Sec.24.04.020. Model Traffic Code. (11)Section 1412 of the Model Traffic Code is hereby amended by the following addition: "With the exception of Highway 82 and all stop signs at the side streets that intersect the highway, a person operating a bicycle or electric assisted bicycle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to pedestrians in a crosswalk as required in Section 802 and to any vehicle in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of streets, except that a person, after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping. Notwithstanding the other provisions of this subsection (11), this provision stall not apply to any persons ten (10) years of age and younger. These individuals are not permitted to proceed through an intersection while operating a bicycle or electric assisted bicycle without stopping at intersections signed with stop signs." Sec.24.04.080.Duty to obey state traffic laws on state highways. On any portion of any state highway connecting link within the City no person shall violate any of the provisions of Chapter 13,C.R.S., 1963,nor any of the laws amending the same,nor any of the rules or regulations issued pursuant hereto. (Code 1962, § 10-6-5;Ord.No. 37-1 966; Code 1971, §22-9)except as amended by Sec.24-04-020. Sec.24.12.060.Trail crossings,yielding,safe speed. (A) Trails that cross roadways(Except for Highway 82): Trail users approaching all roadway intersections shall slow down and if required for safety stop before entering the intersection unless the intersection is posted otherwise. After slowing to a reasonable speed or stopping, the trail user shall yield the right-of-way to any vehicle or pedestrian in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of streets,except that a person,after slowing to a reasonable speed and yielding the right-of-way if required,may cautiously make a turn or proceed through the intersection without stopping. (B) Trails that cross Highway 82: Trail users shall stop at all roads that intersect Highway 82 and yield to any automobile traffic' unless the intersection is posed otherwise. (C) Trail rules for yielding and safe speed:Trail users shall not be required to stop at each private driveway.At such intersections, automobiles shall yield to trail users.Bicyclists, Skaters,Pedestrians and others shall yield to Equestrians. Bicyclists and Skaters shall yield to Pedestrians.Bicyclists shall yield to Skaters.Downhill users yield to Uphill users. Faster users yield to slower users.All users of trails shall obey any posted warning,caution or other signs.Horses are restricted to the unpaved portions of trails unless otherwise posted as provided by law.Users of the paved trails shall keep to the right half of the pavement at all times. Cyclists, Skaters and Equestrian shall travel at a safe speed at all times. (Code 1971, § 22-45; Ord.No.28-1976, § 1; Ord.No. 7-2009 Section 2:Effect Upon Existing Litigation. 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 the ordinances repealed or amended as herein provided, and the same shall be conducted 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 4: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. Section 5• A public hearing on this ordinance shall be held on the 23rd day of June,2014,at a meeting of the Aspen City Council commencing at 5:00 p.m.in the City Council Chambers,Aspen City Hall,Aspen,Colorado,a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 23`d day of June,2014. Attest: Linda Manning,City Cler Steven Skad n,Mayor iw, FINALLY,adopted,passed and approved this 23rd day of June,2014. Attest: C\\ Linda Manning,City Cler Steven Skadr ,Mayor Approved as to form: f James.R True,City Attorney Mon, Jun 09, 2014 15:29:00 ! /' 10267754 Ad Ticket#5 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: ANGELA.SCOREY@a CITY Client: Caller: Linda Manning City: Aspen _Receipt State: CO zip: 81611 Ad Name: 10267754A Original Id: 10246341 Editions: 8ATl/8ATW/ Class: 0990 Start: 06/12/14 Stop: 06/12/14 Color: - Issue 1 Copyline: ATW Ordinance #16 Rep: Lisa Parmelee LEGAL NOTICE Lines: 22 ORDINANCE 16, 2014 PUBLIC HEARING Ordinance #16. Series of 2014 was adopted on first Depth: 1.85 reading at the City Council meeting June 9, 2014. This ordinance; if adopted, will amend title Columns: 1 24regarding the operation of bicycles and other Discount: 0.00 human powered vehicles on public roads in the City of Aspen. The public hearing on this ordi- Commission: 0.00 nance is scheduled for June 23, 2014 at 5:00 p.m. City Hall, 130 South Galena. Net: 0.00 0.00 To see the entire text, go to the city's legal notice Tax: website http:,:fwww.aspenpitki n.com rDepartm eats;Clerk/Le- Total 11.13 gal-Notices/ Payment 0.00 IF you would like a copy FAXed or e-mailed to you, call the city clerk's office. 429-2687 Published in the Aspen Times Weekly on June 12. 2014 (10267754) Ad shown is not actual print size Ad Name: 10267754A LEGAL NOTICE HEARING Customer: Aspen (LEGALS) City of Ordinance res2of120114wasC doptedonfirst reading at the City Council meetinil June 9,2014. Your account number: 1013028 This ordinance, if,adopted,will amend title • 'human pow the operation n bicycles and other human powered vehicles on public roads in the City of Aspen.The public hearing on this ordi- nance is scheduled for June 23,2014 at 5:00 p.m. PROOF OF PUBLICATION City Hall,130 South Galena. To see the entire text,go to the city's legal notice TS: we http://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ IF you would like a copy FAXed or e-mailed to you, caA:?1K TIM:2 ll the city clerk's office,429-2687 Published in the Aspen Times Weekly on June 12, STATE OF COLORADO, 2014(10267754) COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under lorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 6/12/2014 and that the last publication of said notice was in the issue of said newspaper dated 6/12/2014. In witness whereof,I have here unto set my hand this 06/25/2014. Jim Morgan,Gener Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 06/25/2014. 0 Pamela J. Schultz,Notary Public Commission expires:November 1,2015 O�pRY P/, �:. !p F PAMELAJ. SCHULTZ 9�� COQ ^p�'