HomeMy WebLinkAboutordinance.council.038-88 ORDINANCE NO. 38
(Series of 1988)
AN ORDINANCE AMENDING PORTIONS OF SECTION 2.3 OF THE MUNICIPAL
CODE OF THE CITY OF ASPEN, COLORADO, SO AS TO REGULATE USE OF
SOLID FUEL BURNING DEVICES AND PRESCRIBING THE PENALTY FOR A
VIOLATION OF SAID AMENDMENT
WHEREAS, levels of total suspended particulates and small
particulates (PM-10) greater than the 24-hour health standards
have been measured in Aspen; and
WHEREAS, a significant portion of Aspen's PM-10 levels
during winter days is believed to be caused by woodburning; and
WHEREAS, the Aspen/Pitkin Clean Air Advisory Board has met
for several months with representatives of the Aspen Resort
Association, Aspen Lodging Association, Condominium Managers
Association, Board of Realtors, and wood vendors, and these
representatives have recommended a mandatory odd/even no-burn
program to the Aspen/Pitkin Clean Air Advisory Board and that
Board has recommended such a program to the City Council; and
WHEREAS, the City Council, for purpose of protecting the
health, safety and welfare of the residents and visitors of the
City of Aspen, desires to amend Section 11-2.3 of the Municipal
Code of the City of Aspen to regulate use of stoves and fire-
places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 11-2.3 of the Municipal Code of the City of
Aspen be and the same is hereby amended by the addition of a new
section 11-2.3(i) to read as follows:
"Sec. 11-2.3(i). It shall be unlawful for any person to
operate any fireplace or stove within the City of Aspen in a
manner not in compliance with this section.
(i) Between November 1 and April 1 of each year, solid fuel
burning devices located in buildings having odd-
numbered addresses may be operated only on odd-numbered
days, and devices located in building having even-
numbered addresses may be operated only on even-
numbered days; except that certified stoves approved by
the Aspen/Pitkin Environmental Health Department, and
fireplaces containing gas logs and operated only with
gas logs, if registered with the Aspen/Pitkin Environ-
mental Health Department, may be operated on all days.
(ii) Observation of smoke from a chimney shall be sufficient
evidence of use of a stove or fireplace.
(iii) Anyone who rents his or her property to another person,
or who acts as an agent in renting property, shall
disclose to the renter the allowed times of burning in
each rental unit, and shall place in close proximity to
the woodburning device, information on the allowed
times of burning in that unit."
Section 2
The penalty for a violation of Sections 11-2.3(i) as
hereinabove amended shall read as follows:
"Sec. 11-2.3(i) (iv). Any person found to be in violation of
any provision of this article shall be punished for each
separate offense by a fine established in a fine schedule as
approved annually by the City Council, and may be enjoined
from any further or continued violation thereof. Each day
any violation of this article shall continue shall con-
stitute a separate offense. If the person operating the
device in violation of this ordinance does not pay the
imposed fine, the owner of the property in which the viola-
tion occurred shall pay the fine."
Section 3
The Clean Air Advisory Board is hereby directed to examine
the need to grant variances to this section, and to develop
procedures for granting variances form the harsh application of
this ordinance.
Section 4
This ordinance, and all penalty provisions adopted in
furtherance of these provisions, shall automatically expire April
1, 1989. The Environmental Health Department and the Clean Air
Board shall prepare a report to the Aspen City Council as to the
effectiveness and consequences of this ordinance by June 1,
1989.
Section 5
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 6
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 7
A public hearing on the ordinance shall be held on the~~/
day of ~ , 1988, 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
William L. Stirling, Mayor
ATTEST:
K~yn~ Koch, City Clerk
FINALLY adopted, passed and approved this ~z~ day of
William L. Stifling, Mayor
ATTEST:
Kathryn S.~och, City Clerk