HomeMy WebLinkAboutordinance.council.035-89 O n N CE NO.
(Series of 1989)
AN ORDINANCE AMENDING SECTION 11-2.3 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, SO AS TO REGULATE USE OF SOLID FUEL
BURNING DEVICESAND PRESCRIBING THE PENALTY FOR A VIOLATION OF SAID
AMENDMENT
WHEREAS, levels of small particulates (PM-10) greater than the
24-hour health standard 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, an odd/even no-burn program was the top
recommendation made to the City Council by a community advisory
group in 1988; and
WHEREAS, such a program was implemented in the winter of 1988-
89 with uncertain effect, and Council has expressed its desire to
implement an odd/even no-burn program for another winter; 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 Section 11-2.3 of the Municipal
Code of the City of Aspen to regulate use of woodstoves and
woodburning fireplaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That Section 11-2.3 (i) of the Municipal Code of the City of
Aspen is hereby amended to read as follows:
"Sec. 11-2.3 (i) It shall be unlawful for any person to
operate any woodburning fireplace or uncertified woodstove within
the City of Aspen in a manner not in compliance with this section.
(i) Between November 1 and April 1 of each year, woodburning
fireplaces and uncertified woodstoves located in
buildings having odd-numbered addresses may be operated
only on odd-numbered days, and such devices located in
building having even-numbered addresses may be operated
only on even-numbered days. Fireplaces containing gas
logs and operated only with natural gas as a fuel, and
certified woodstoves, in each case if registered with the
Aspen/Pitkin Environmental Health Department, may be
operated every day.
(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.
(iv) The Aspen/Pitkin Environmental Health Department shall
monitor levels of PM-10 pollution and determine when PM-
10 levels are approaching the health standard. When this
occurs, the Department shall provide notice, through the
media and other means, that an alert exists.
(v) It shall be unlawful to operate a woodburning fireplace
or uncertified woodstove in the city limits of Aspen when
the Aspen/Pitkin Environmental Health Department has
announced that an alert exists. Two hours will be
allowed for fires to burn out after an alert is called.
Beyond two hours after the alert has been called, the
presence of smoke from a chimney will constitute proof
of use of a stove or fireplace.
Section 3
The penalty for a violation of Sections 11-2.3 (i) as
hereinabove amended shall read as follows:
"Sec. 11-2.3 (i) (vi). Any person found to be in violation of
any provision of this article shall be punished for each
separate offense as follows:
(a) For a first offense at a given address, a verbal warning
shall be issued by the Environmental Health Department if
possible.
(b) For a second offense, a written warning shall be sent to
the renter, if known, and to the owner and property manager.
(c) For the third offense, a fine of $35 shall be issued to
the occupant and, if not paid by the occupant within 30 days,
shall be issued to the owner of the flue, who shall be the
unit owner if there is not a common flue, or shall be deemed
to be the condominium association if there is a common flue.
(d) For the fourth and additional offenses, a fine of $50
shall be levied on the occupant and, if not paid by the
occupant within 30 days, shall be issued to the owner of the
flue, who shall be the unit owner if there is not a common
flue, or shall be deemed to be the condominium association if
there is a common flue."
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 , 1989, 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 _
, 1989.
William L. stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
, 1989.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk