HomeMy WebLinkAboutordinance.council.014-87 ORDINANCE NO. , /~
(Set±es of 1987)
AN ORDINANCE ANENDING SECTIONS 11-2.2 AND 11-2.4 OF THE M~NICIPAL
CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE EMISSIONS
FROM COMMERCIAL COOKING EQUIPMENT AND PRESCRIBING THE PENALTY FOR
A VIOLATION OF SAID AMENDMENT
WHEREAS, it has been brought to the attention of the City
Council of the City of Aspen that commercial cooking equipment
emissions have been found to be a significant cause of fine
particulate pollution in the Aspen metro area, including the
emission of toxic and potentially carcinogenic compounds, and
carbon monoxide, and the air in the City of Aspen has been found
to exceed the federal health levels for such compounds; and
WHEREAS, the City Council, for the purpose of protecting the
health, safety and welfare of the residents and visitors of the
City of Aspen, desires to amend Sections 11-2.2 and 11-2.4 of the
Municipal Code of the City of Aspen to regulate emissions from
commercial cooking equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 11-2.2 of the Municipal Code of the City of
Aspen be and the same is hereby amended by the deletion and
repeal of subparagraph (e) setting forth the definition of "high-
fat content meat", and the subsequent sections shall be renum-
bered accordingly.
Section 2
That Section 11-2.4 of the Municipal Code of the City of
Aspen is hereby amended to read as follows:
"Sec. 11-2.4. It shall be unlawful for any person to
construct, maintain or operate any restaurant broiler,
charbroiler, wok, smoker, over flame broiler, or similar
cooking device in a commercial food operation within the
City of Aspen in a manner not in compliance with this
section.
(a) Any new or extensively remodeled restaurant in the City
of Aspen shall be prohibited from installing an uncon-
trolled charbroiler, wok, smoker, broiler, over flame
broiler, or other cooking device in which products of
cooking could drip or spray or otherwise contact flames
or other hot surfaces, or produce smoke; provided,
however, cooking devices with emissions controls
constituting Best Available Control Technology may be
installed, so long as no visible smoke is produced.
The Aspen/Pitkin Environmental Health Department shall
review and approve such emissions control devices prior
to their installation, and the burden of proof shall be
on the applicant to demonstrate that any proposed
control device uses Best Available Control Technology.
(b) All existing restaurants in the City of Aspen shall
remove or retrofit all charbroilers, woks, smokers,
over flame broilers, broilers, or other cooking devices
in which cooking products could drip, spray, or
otherwise contact hot surfaces, with control devices
using Best Available Control Technology. Compliance
with these requirements shall be determined by the
Aspen/Pitkin Environmental Health Department. Removal
or retrofitting must be complete by June 1, 1988. Such
control devices will be approved only if maintenance
can readily be performed in a timely manner, such as
with automatic self-cleaning (backwash) systems on
precipitators. Systems must be easily accessible for
year-round maintenance and inspection.
(c) Outdoor cooking devices of the type regulated by this
section may be exempted only for the duration of short,
one-time special events occurring only once per year
upon the granting of a variance by the Clean Air
Advisory Board."
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Section 3
The penalty for a violation of Sections 11-2.2 and 11-2.4 as
hereinabove amended shall be the penalty provided for in Section
ll-5.1(a), which provides as follows:
"(a) Any person, upon conviction of a violation of any
provision of this chapter, shall be subject to a fine
not to exceed three hundred dollars ($300.00) or
imprisonment in the county jail for a period of not
more than ninety (90) days, or both, at the discretion
of the court, for each separate offense, and may be
enjoined from any further or continued violation
hereof. A violation of Article IV shall be punishable
by a fine only. Each day any violation of this chapter
shall continue, shall constitute a separate offense
hereunder.,,
Section 4
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 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the ordinance shall be held on the
day of , 1987, 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
, 1987.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
, 1987.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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