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HomeMy WebLinkAboutordinance.council.054-89 ORDINANCE NO. 54 (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 DEVICES AND 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 implemented on an experimental basis in the winter of 1988-89 and the Council desires to improve that program for the following 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. (1) 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. (2) 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. (3) Observation of smoke from a chimney shall be sufficient evidence of use of a stove or fireplace. (4) 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 provisions of the high- pollution day no-burn program, and shall place in close proximity to the woodburning device, information on the no-burn regulation. Section 2 The penalty for a violation of Sections 11-2.3 (i) as hereinabove amended shall read as follows: "Sec. 11-2.3 (5). 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 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 A ~ublic hearing on the ordinance shall be held on the day o~, 1989, in the City Council Chambers, Aspen city H-~ Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the1989. _2~h day o~~ ATTEST: ~thryn ~ 'Koc~h, city Clerk ! FINALLY%adopted, passed and approved this //~-~ day of x~~ , 1989. William L. Stirling, M~Yor ATTEST: Kathryn'~. -Koch, City Clerk