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ORDINANCE NO. f" ~
(Series of 1988)
AN ORDINANCE AMENDING SECTIONS 11-2.3 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, SO AS TO REGULATE INSTALLATION OF
CERTIFIED WOODSTOVES AND FIREPLACES CONTAINING GAS LOGS AND
PRESCRIBING THE PENALTY FOR A VIOLATION OF SAID AMENDMENT
WHEREAS, technologies exist which can reduce pollution from
existing woodstoves and fireplaces, and
WHEREAS, Aspen has experienced unhealthful levels of
particulate pollution and the city council desires to reduce this
pollution, and
WHEREAS, woodburning has been demonstrated to contribute to
the particulate problem in Aspen, especially to toxic particultes,
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 11-2.3 of the Municipal
Code of the City of Aspen to regulate installation of certified
stoves and fireplaces containing gas logs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That Section 11-2.3 (a) of the Municipal Code of the City of
Aspen is hereby amended to read as follows:
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."Sec...
iricIucfirigHt:.heIrist:.allation of any solid fuel burning device (s)
capable of burning wood, or component (s) thereof unless the number
of such device or devices in each structure is less than or equal
to the following:
(1) Any building, other than a duplex, may have one fireplace
as described in Sec. 11-2.3 (f).
(2) Any duplex unit may have one fireplace as described in
Sec. 11-2.3 (f) if the unit has one thousand (1,000) square
feet or more of internal heated floor area, exclusive of the
garage.
Section 2
The penalty for a violation of sections 11-2.3 (a) as
hereinabove amended shall be the penalty provided for in section
11-4.9 (e) as follows:
"Any person convicted of violating any provision of this
article shall be punished by a fine of not more than three hundred
dollars ($300.00), for each separate offense, and may be enjoined
from any further or continued violation thereof. Each day any
violation of this article shall continue shall constitute a
separate offense."
section 3
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
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 5
~
,n~ p~blic hearing on the ordinance shall be held on the /~
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~
1988.
~s~
ATTEST:
Clerk
FINALLY adopted, passed and approved this /~~ day Of~
1988.
~~~
AT'I'EST:
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