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HomeMy WebLinkAboutordinance.council.054-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ ~ (Series of 1975) AN ORDINANCE AMENDING SECTION 13-61 OF THE MUNICIPAL CODE WHICH AMENDMENT PROHIBITS THE USE OF ANY PUBLIC PROPERTY OR RIGHT-OF WAY FOR THE STORAGE, DISPLAY OR SALE OF GOODS, ~RES OR MERCHANDISE, WHETHER FROM A VEHICLE, STATIONARY STRUCTURE, OR OTHERWISE, EXCEPT AS THE CITY cOUNCIL MAY SPECIFICALLY AUTHOR- IZE BY SPECIAL CONTRACT BETWEEN THE VENDOR AND THE cITY OF ASPEN; AND FURTHER PROVIDING THAT cONVICTION FOR A VIOLATION OF THIS PROVISION SHALL SUBJECT THE VIOLATOR TO A FINE NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR iMPRISONMENT FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT WHEREAS, the city Council has encountered repeated difficulty in the matter of granting permission to vendors to vend on public property and on City rights-of-way, and WHEREAS, it is the determination of the Council that the matter is best resolved by contracting with all vendors directly which will permit the Council to (1) restrict the number of vendors, (2) choose vendors who best serve the public need, (3) prevent vendors from presenting unfair competition to local merchantS, and (4) demand a share of vending revenues to compensate the City for the monopoly created for the benefit of vendors and cover the administrative costS incident to policing public vend- ing, I~OW, THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 of Aspen, That Section 13-61 of the Municipal code of the City colorado, is hereby amended to read as follows: "Sec. 13-61 vending on Public Parks and Rights-°fL Way Prohibited -~ person shall use or occupy any street, alley, mall, park or parkway (whether in or on a vehicle structure, building or otherwise) for the storage, display, or sale of goods, wares, or merchandise, or to place or permit portable display signs on any street, alley, mall, park or parkway within RECORD OF PROCEEDINGS 100 Leaves the City of Aspen. Provided, however, that the prohibitions of this section shall not apply to any person who had entered into a contract with the City to provide any such vending service, all of which contractS shall be approved only by the City Council after considering (1) the public need for such service, (2) the availability of existing services, (3) the costS of policin? and administering the proposed vending service, (4) what revenues shall accrue to the city for grant of permission to vend, and (5) whether the vendor applying for such contract will best serve the public heed." Section 2 A conviction for a violation of any section of this ordinance shall subject the violator to a fine not to exceed Three Hundred ($300.00) Dollars or imprisonment for a period not to exceed Ninety (90) Days or both such fine and imprison- ment. Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the day of , 1975 at 1:00 P.M. 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, at its regular meeting held ATTEST: K~ ~ ~~ -~ rk athryn ~auter, City Cle -2- RECORD OF PROCEEDINGS 100 Leaves 1975. FINALLY ADOPTED AND APPROVED ON ATTEST: ~yn ~au~er, City Clerk ~Stacy~Stan~ley ±~x, ~'~' STATE OF COLORADO? ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on --~ reading at a regular meeting of the City Council of the City of Aspen on ~_~ , 197 '~., and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the.City of Aspen, Colorado, in its issue of .~. ~7 __, 197 ~, and was finally adopted and approved at a regular meeting of the City Council on ~ ~z~~'P~--' , 197 ~-, and ordered published as Ordinance No. ~ , Series of 197 ~~,, of said City, as provided by law. IN WIT~rESS W~EREOF, I have hereunto set my hand and / .the seal of said City of Aspen, Colorado, this ' ~ · 197 -~. day of o~ , KJthryn ~7. Hauter, City Clerk