HomeMy WebLinkAboutordinance.council.004-92
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ORDINANCE NO. -4
Series of 1992
AN ORDINANCE REPEALING SECTION 16-3(b)5 AND ADDING SECTION 11-2.4.1 TO
THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT IDLING
OF STATIONARY MOTOR VEHICLES FOR PROLONGED OR UNREASONABLE
PERIODS OF TIME.
WHEREAS, the City Council has determined that idling motor vehicle engines for
prolonged and unreasonble periods of time causes uneccessary noise and air pollution; and,
WHEREAS, the City Council has determined that the idling of stationary motor vehicles
for period of up to fifteen (15) minutes per hour, as currently permitted by the Code, is
excessive and desires to reduce the time to five (5) minutes within anyone hour period of time;
and,
WHEREAS, the City Council has determined that prohibiting the idling of stationary
motor vehicles for prolonged or unreasonable periods of time is in the interest of health, safety
and welfare of the people of the City of Aspen, Colorado; and,
WHEREAS, the City Council has determined that the section of the Municipal Code
which prohibits the idling of stationary motor vehicles for prolonged or unreasonable periods of
time should be codified in the Air Quality Chapter of the Municipal Code as opposed to the
Noise Abatement Chapter;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That Section 16-3(b)(5) of the Municipal Code of the City of Aspen, Colorado, which
section prohibits engine idling for prolonged periods of time, is hereby repealed.
Section 2
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That the Aspen Municipal Code is hereby amended by the addition of a new Section 11-
2.4.1 to read as follows:
Sec. 11-2.4.1. Engine Idling.
(a) Except as hereinafter provided, it shall be unlawful for any person to idle or
permit the idling of the motor of any stationary motor vehicle for a prolonged or
unreasonable period of time determined herein to be five (5) minutes or more
within anyone hour period of time.
(b) This section shall not apply when an engine must be operated in the idle mode for
safety reasons including, but not limited to, the operation of cranes and fork lifts
used in the construction industry.
(c) The time required by a diesel powered motor vehicle while operating in a
stationary position to achieve a temperature of 120 degrees Fahrenheit and an air
pressure of 100 pounds per square inch, shall not be included in the computation
of the five (5) minutes determined herein to be a prolonged or unreasonable
period of time. The temperature and air pressure as indicated on the vehicle's
gauges may be used for determining the diesel engine's temperature and air
pressure.
(d)
The time during which transportation vehicles are actively loading or discharging
passengers shall not be included in the computation of the five (5) minutes
determined herein to be a prolonged or unreasonable period of time, A
transportation vehicle shall be defined for purposes of this section to mean motor
vehicles designed to transport a minimum of sixteen persons
Section 3
This ordinance shall not have any effect 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 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 seperate, distinct and independent provision and shall not affect the validity of the
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remaining portions hereof.
A public hearing on the ordinance shall be held on the ~ day of
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199JlJn 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 /3
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, 1992.
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John S. Bennett, Mayor
ATTEST:
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Kathryn g, ~' ch, City Clerk
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FINALLY adopted, passed and approved this / {) day of
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,1992.
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John S. Bennett, Mayor
ATTEST:
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Kathryn S. ' och, City Clerk
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