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HomeMy WebLinkAboutordinance.council.012-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 12 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION OF SECTION 13-74 THERETO REQUIRING THAT ALL OUTDOOR RECREATIONAL HEATED SWIMMING AND THERAPY POOLS BE COVERED WITH INSULATED COVERS BETWEEN THE MONTHS OF OCTOBER AND MAY EXCEPT DURING THE HOURS OF 3:00 P.M. and t1::00 P.M. DAILY AND DURING TIMES OF ACTUAL INTENSE USE; DECLARING THAT A CONVICTION FOR VIOLATING SUCH SECTION WILL SUBJECT THE VIOLATOR TO A FINE NOT EXCEEDING THREE HUNDRED ($300.00) DOLLARS OR NINETY (90) DAYS IMPRISONMENT, OR BOTH SUCH FINE AND IMPRISONMENT; FURTHER AMENDING THE MUNICIPAL CODE BY THE ADDITION OF SECTION 23-24 WHICH AUTHORIZES THE SUPERINTENDENT OF THE ELECTRIC DEPARTMENT TO TERMINATE ELECTRIC SERVICE TO CUSTOMERS WHO HEAT SUCH POOLS WITH ELECTRIC POWER AND FAIL TO ABIDE BY THE PROHIBITIONS OF SECTION 13-74 WHEREAS, the Aspen City Council has evidenced consider- able concern over the need for conservation of natural resources, and recurring shortages in natural gas and electricity supplies often leading to denials of new service and increasing curtail- ment of utility services to uninterruptible customers, and WHEREAS, the members of the Council have become aware of the habit of local pool owners of leaving recreational heated and therapy pools uncovered for extended periods of time, and determine this practice to be a wasteful consumption of energy and contrary to the public interest, and WHEREAS, the Council wishes to attempt to curtail the practice by imposing criminal sanctions and authorizing termination of City electric service when electricity supplied is used in this manner, COLORADO: Section 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN, is hereby amended by adding a section which section reads as That the Municipal Code of the City of Aspen, Colorado, follows: RECORD OF PROCEEDINGS 100 Leaves Section 13-74 Covering Heated Swimming Pools Ail outdoor recreational heated swimming and therapy pools shall be covered with insulated coverings at all times between October 1st and May 1st except during the hours of 3:00 P.~. andl~00 P.M. daily and during times of actual intense use. Section 2 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section which section reads as follows: Section 23-24 Termination on Wasteful Use In the event the superintendent of the electric department shall determine that any electric customer has failed to abide by the prohibitions of Section 13-74, whether or not convicted of the same, he shall notify such customer that continu- ed consumption of electricity for such purposes shall subject him to discontinuance of service; and upon continued consumption of electrical power for such purposes by any customer so notified, the superintendent shall discontinue electrical service. Section 3 If any provision of this ordinance or the application there- of to any person or circumstance is held invalid, such invalidity 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 22nd day of March, 1976, at 5:00 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, Colorado, at its regular -2- RECORD OF PROCEEDINGS 100 Leaves meeting held the 8th day of March, 1976. ATTEST: kATHRYN ~. iTAUTER, CITY CLERK 1976. ATTE ST: TER, CITY CLERK FINALLY ADOPTED AND APPROVED ON -3- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. 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 ~Z~ ~ 197 ~, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~.~-~g2_~.~ /~ ~ , 197___~, and was finally adopted and approved at a regular meeting of the City Council on ~z%A~d~_ and ordered published as Ordinance No. 197__~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto and the seal of said City of Aspen, , 197~, , Series of set my hand Colorado, this ~.~-~ ~auter City Clerk