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ORDINANCE NO. 33
SERIES OF 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE ASPEN MUNICIPAL CODE BY
ADDING A SUBSECTION, PROHIBITING THE USE OF HORSES AND HORSE
DRAWN CARRIAGES ON THE SIDEWALKS AND MALLS IN THE CC
ZONING DISTRICT, TO SECTION 15.04.230 OF THE ASPEN MUNICIPAL
CODE, ENTITLED "CERTAIN VEHICLES PROHIBITED ON SIDEWALKS,
MALLS, AND STREETS."
WHEREAS, Section 15.04.230 of the Aspen Municipal Code prohibits the operation of
certain vehicles on sidewalks, malls, and streets in the C-l and CC zoning district, and
WHEREAS, city staff has concerns for the safety of pedestrians on the malls in the CC
zone district when horses and horse drawn carriages are operated on the mall, and
WHEREAS, the horses and horse drawn carriages also may cause damage to the bricks
and other improvements in the malls, and
WHEREAS, attempts by city staff to obtain voluntary compliance with at least one
operator of horse drawn carriages has met with resistance, and
WHEREAS, an exemption to the general rule is prudent to allow for the loading and
unloading of passengers at the corner of Galena and Cooper Streets, and
WHEREAS, the proposed subsection amendment is in the best interests of the general
health, safety, and welfare of Aspen residents and guests.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the
addition of subsection "(d)" to Section 15.04.230 of the Aspen Municipal Code, which
subsection prohibits the riding or operation of horses and horse drawn carriages on the
sidewalks or malls ofthe CC zone district, with the exception that carriages may load
and unload passengers at the comer of Galena and Cooper Streets. The addition shall
read as follows:
(b) It shall be unlawful for any person to ride or operate horses or horse drawn
carriages upon the sidewalks or malls of the CC zoning district, except that horses and
carriages may load, and unload passengers and park on the mall at the corner of Galena
and Cooper Streets.
Section 2
If any 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
Section 3
The 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 26th day of August 2002,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
INTR.oDUCED AND READ as provided by law by the City Council of the City of
Aspen on the 12th day of August, 2002.
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ATTEST:
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FINALLY adopted, passed and approved this 26th day of August 2002.
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ATTEST:
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