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HomeMy WebLinkAboutordinance.council.008-95 "It" I' \~" ",\1"'..,,, if!; \~< 'e ."N, 't, 'i,<." - -- ORDINANCE NO. r Series of 1995 ncL read a+ l~rud~ AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 13-74 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO REGULATE THE USE OF A BOOT OR OTHER DEVICE TO IMMOBILIZE VEHICLES OCCUPYING PRIVATELY OWNED OR OPERATED PARKING LOTS OR SPACES. WHEREAS, the City Council has determined that the use of booting devices to immobilize vehicles by owners and operators of private parking lots and spaces oftentimes leads to a breach of the peace; and WHEREAS, the City Council has determined that the immobilization of vehicles operated by handicap.ped persons, disabled veterans, emergency response vehicles, or persons involved in an accident is not in the best interest of the citizens of the City of Aspen; and WHEREAS, the City Council has determined that the use by private parking lot owners or operators of a boot or other device that prevents a vehicle from being moved should be regulated in the interest of public health, safety and welfare of the people of the City of Aspen, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 13-74 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: Sec. 13-74. Immobilization device or boot for automobiles. (a) General Requirements. It shall be unlawful for any owner, operator or lessee of any parking lot or parking area or space therein or part thereof, or of any other lot or building, or authorized agent of the person having control of such premises, to place upon a vehicle occupying such lot, area, space or building, or part thereof, a boot or other device that prevents F,e..,. It ~. &8.", \\{ .~~ ~,.',8,' \, '" a vehicle from being moved by preventing a wheel from turning on such vehicle, unless: (1) the property has been conspicuously marked at each entrance with a warning sign using letters at least three inches high that (i) vehicles parked or placed without permission may be immobilized; (ii) removal of the device will not be done until a fee is paid; (iii) the applicable fee for removing the immobilization device; and (iv) that complaints about the use of any immobilization device should be made to the city police department; and (2) the vehicle has occupied the premises without permission for a continuous period of at least three minutes. (b) Records Required. A written record shall be made by the person using an immobilization device immediately after the immobilization device has been used, showing the make, model, state and license number of the vehicle immobilized, the precise date and time of day the vehicle was first parked or placed without permission and the time the vehicle was immobilized, and the signature of the person who made the determination that immobilization was authorized. These records shall be provided to the City Manager or Chief of Police upon request. (c) Exceptions Required. No vehicle bearing a handicapped or disabled veterans decal or plate issued by a governmental authority or one which is known to be engaged in an official local, state or federal governmental activity shall be immobilized by any owner or operator or their agent; nor shall any vehicle parked or left temporarily because of an accident or other emergency be immobilized. (d) Penalty. Any person, firm or corporation violating any provision of this section shall be subject to the general penalty for code violations set forth at section 1-8 of this Municipal Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 2 This ordinance shall not have any eff~t on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 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 2 ita" 't, "<.. 1&_:" ~ z" fa, 'II' be deemed a seperate, distinct and independent provision and shall not affect the validity of the remaining, portions hereof. A public hearing on the ordinance shall be held on the _ day of 1995, 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 , 1995. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1995. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 3