Loading...
HomeMy WebLinkAboutordinance.council.012-88 ORDINANCE NO. /~ (series of 1988) AN ORDINANCE OF THE ASPEN CITY COUNCIL ENACTING A NEW SECTION 19- 57 OF THE ASPEN MUNICIPAL CODE LIMITING THE USE OF PUBLIC STREETS, ALLEYS AND SIDEWALKS FOR CONSTRUCTION MATERIALS WHEREAS, in recent years, an increasing amount of construc- tion activity has been spilling over from the traditional spring, summer and fall building seasons into the winter season; and WHEREAS, when construction activity takes place during the winter season, it can be hazardous to residents of and visitors to the City of Aspen for the following reasons: 1) Materials or equipment may be stored in public streets, making snow removal difficult and impeding the safe flow of traffic. 2) Sidewalks may be blocked, causing pedestrians to have to walk in the street, interfering with traffic and placing the pedestrian in danger. and WHEREAS, due to the recent volume of construction activity during the summer season, the following additional problems have been experienced and can be expected to continue in Aspen: 1) Materials and equipment stored in streets can eliminate much needed parking spaces during peak demand periods. 2) Materials stored in a public right-of-way may con- stitute an unattractive public nuisance which is undesirable in a resort community. and WHEREAS, the Aspen City Council wishes to limit the use of public streets, alleys and sidewalks for construction materials to avoid the above-listed problems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That it does hereby enact a new section 19-57 of the Aspen Municipal Code to read as follows: 19-57 LIMITATIONS ON USE OF PUBLIC STREETS, ALLEYS AND SIDEWALKS FOR CONSTRUCTION MATERIALS A. Purpose It shall be the purpose of this section to regulate the use of public streets, alleys and sidewalks for construction material storage and placement of pedestrian barricades. This regulation is intended to insure adequate snow removal in City streets, alleys and sidewalks, allow for safe flow of pedestrian and vehicular traffic and maintain the image of Aspen as a resort community, while also accommodating construction activity. B. Definitions 1. Construction material storage means parking of construction trailers or construction equipment, storage of construction materials for any purpose other than unloading or placement of any structure which is typically accessory to construction activity. 2. Pedestrian barricades means any structure authorized by the City Engineer to permit the safe passage of pedestrians past construction sites. 3. Paved street means that portion of the right-of- way between curbs or drainage swales. 4. Sidewalk means that portion of the right-of-way between a curb or drainage swale and a property line. C. Limitations 1. The following limitations shall be enacted on the use of the public right-of way during the period of November 15 to April 15. a. Storage of construction materials shall be prohibi ted in all paved streets, in alleys and in sidewalks in the City of Aspen. 2 b. Placement of pedestrian barricades shall be prohibited in all paved streets and in alleys in the city of Aspen. c. Placement of pedestrian barricades shall be permitted in sidewalks in the city of Aspen by obtaining a permit from the City Engineer. 2. The following limitations shall be enacted on the use of the public right-of-way during the period of April 16 to November 14. a. storage of construction materials shall be prohibited in all paved streets and in alleys in the city of Aspen. b. storage of construction materials shall be permitted in sidewalks in the city of Aspen by obtaining a permit from the City Engineer. c. Placement of pedestrian barricades shall be permitted in paved streets, in alleys and in sidewalks in the city of Aspen by obtaining a permit from the City Engineer. D. Permits 1. The city Engineer shall have sole responsibility for issuance of permits pursuant to this section. 2. In determining whether to issue a permit, the city Engineer shall consider the following. a. For the placement of pedestrian barricades in the public right-Of-way, the applicant shall demonstrate that the barricade: cannot be functionally located on private property; provides for safe passage of pedestrians; will be maintained in a usable, safe and attractive manner; and is located so as to minimize the loss of public parking spaces to the extent practicable. b. For the storage of construction materials in a sidewalk, the applicant shall: demonstrate that the materials cannot be functionally located on private property; provide a pedestrian walkway to replace the sidewalk when it is blocked by construction materials; and insure that the period of storage is the minimum necessary to accomplish necessary construction activities. 3 Section 2 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 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 4 A public hearing on the Ordinance shall be held on the day of , 1988, at 5:00 P.M. in the City council Chambers, Aspen city Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once 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 day of , 1988. ,/, ~ -~~.~;j . william L. St1r ing, yor ATTEST: KathrYn S. Koch, City Clerk 4 FINALLY, adopted, passed and approved this c25~ day of al}1~L' , 1988. ~;{/', ~~ /~ o{A/ ' william L. stirling, May r ATTEST: KathrYn S. Koch, City Clerk AR.ORD1957 5