HomeMy WebLinkAboutordinance.council.051-92
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ORDINANCE NO. 51
(Series of 1992)
AN ORDINANCE AMENDING SECTION 13-61 OF CHAPTER 13 OF THE MUNICI-
PAL CODE OF THE CITY OF ASPEN, COLORADO, TO DELEGATE TO THE CITY
MANAGER THE AUTHORITY TO APPROVE CONTRACTS WITH PERSONS DESIRING
TO VEND ON PUBLIC PROPERTY AND RIGHTS-OF-WAY.
WHEREAS, section 13-61 of the Municipal code of the City of
Aspen prohibits vending on public property and rights-of-way
without a contract with the city of Aspen approved by the city
Council; and
WHEREAS, the City Council desires to delegate to the City
Manager the authority to approve contracts with persons desiring
to vend on public property or rights-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That section 13-61 of the Municipal Code of the city of
Aspen, colorado, which section prohibits vending on public
property and rights-of-way without a contract with the city of
Aspen, is hereby amended to read as follows:
Sec. 13-61. Vending on public parks and rights-of-way
prohibited.
(a) No person shall use or occupy any street, alley, mall,
golf course, park or parkway (whether in or on a vehi-
cle, structure, building, or otherwise) for the stor-
age, display, or sale of goods or services, wares, or
merchandise, to solicit the sale of a service, or to
place or permit portable display signs on any street,
alley, mall, golf course, park or parkway within the
City of Aspen; provided, however, that the prohibition
of this section shall not apply to any person who has
entered into a vending agreement with the city to pro-
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vide any such vending services and paid a processing
fee equal to the special event fee for minor events set
forth at section 12-107 of this Code. The city Manager
or her designee shall be authorized to execute and
approve said vending agreements on behalf of the city
after considering:
(1) The public need for such services;
(2) The availability of existing services;
(3) The availability of non-public property upon which
to conduct the requested activity;
(4) The costs of policing and administering the pro-
posed vending service;
(5) The revenues which can be reasonably expected to
accrue to the city by virtue of the vending ser-
vices proposed; and
(6) Whether the vendor applying for such vending
agreement will best serve the public interest.
(b) Any applicant aggrieved of a decision by the City
Manager concerning the denial or terms of a vending
agreement may seek an appeal of same to the city Coun-
cil. All appeals must be submitted in writing to the
city Manager within ten (10) days of the decision
appealed from and set forth the grounds for the appeal.
The City Manager shall promptly add the appeal to the
next reasonably available regular city Council meeting
agenda. city Council shall conduct a hearing on the
appeal at which time the applicant shall be heard and a
decision rendered. Such decision need not be reduced
to writing.
section 2
This ordinance shall not have any effect on existing litiga-
tion and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
2
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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
A public hearing on the ordinance shall be held on the /D
day of ~~ ' 1992, 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 ~~
~- , 1992.
day of
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John
ATTEST:
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ATTEST:
Kathryn
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and approved this /O~ day of
, 1992.
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John S. Bennett, Mayor
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