HomeMy WebLinkAboutordinance.council.079-83RECORD OF PROCEEDINGS
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ORDINANCE NO. 79
(Series of 1983)
AN ORDINANCE AMENDING CHAPTER 19 OF THE MUNICIPAL CODE BY REPEAL-
ING SECTION 19-13 AND ENACTING AN ARTICLE VIII THERETO TO PROVIDE
FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS; TO PROHIBIT DEPOSITING
OF SNOW AND ICE IN CERTAIN PLACES AND IMPOSING PENALTIES; AND
AMENDING SECTION 13-97 OF THE MUNICIPAL CODE ENTITLED "NUISANCES
DECLARED" BY ADDING A SECTION 13-97(f) SO AS TO ESTABLISH ACCUMU-
LATED ICE AND SNOW AS A NUISANCE
WHEREAS, the City of Aspen experiences
snowfalls, and
WHEREAS, the City Council deems it to
substantial annual
be in the best interest
of the inhabitants and guests of the City of Aspen to amend
Chapter 19 of the Municipal Code by repealing Section 19-13 and
enacting a new Article VIII to better assure that the sidewalks of
the City are passable and free from ice and snow, especially
during business hours, and also to amend Section 13-97 of the
Municipal Code to establish the accumulation of ice and snow as a
nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 19-13 of the Municipal Code of the City of
Aspen, Colorado, be and the same is hereby repealed.
Section 2
That Chapter 19 of the Municipal Code of the City of Aspen,
Colorado, be amended by the enactment of an Article VIII thereto,
to read as follows:
"VIII. SNOW REMOVAL.
Sec. 19-180. Definitions.
The following definitions shall apply in
and enforcement of this article.
(a)
the interpretation
"Person" means and includes any individual, partnership,
association, firm, association, syndicate or corpora-
tion.
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(b)
The "director" shall be such officer or employee of the
City designated in writing by the City Manager to per-
form or assist in the performance of the duties or
responsibilities of the director as set forth in this
article.
Sec. 19-181. Snow and ice to be removed from sidewalks by
private persons.
Every person in charge or control of any building or lot of
land within the City fronting or abutting a sidewalk area,
whether as owner, tenant, occupant, lessee, or otherwise,
shall remove and clear away, or cause to be removed and
cleared away, snow and ice from a path of at least five (5)
feet in width from so much of the sidewalk area as is in
front of or abuts on said building or lot of land.
Such snow and ice shall be removed from all sidewalk areas
within the City on the same day as cessation of any fall of
snow, sleet, or freezing rain or within the first three (3)
hours of daylight after the cessation of any such fall,
whichever period is longer.
Sec. 19-182. Depositing of snow
and ice restricted.
to be deposited any
or on any sidewalk,
No person shall deposit or cause
ice on or against a fire hydrant
area, roadway, or loading and unloading areas of
transportation system.
Sec.
(a)
snow and
sidewalk
a public
19-183. Violation; work done, liability therefor,
penalty.
In the event of the failure of any person to clear away
snow and ice from any sidewalk area as hereinabove pro-
vided, or cause this to be done, the director may, as
soon as practicable after such failure, cause such work
to be done.
(b)
(c)
The director shall ascertain and keep a record of the
exact cost of all work the director causes to be done in
accordance with this section on account of each act or
omission of each person and the director shall identify
these persons with particularity.
The cost of work done in accordance with this section,
plus a penalty of one hundred percent (100%) of such
cost, shall be charged against the land abutting the
sidewalk area where such work was done as a municipal
lien and collected in the same manner as City taxes, or,
in addition, such costs and penalty may be recovered by
the City in a suit at law against the owner or such
other person whose act or omission makes it necessary
for such work to be done.
Sec. 19-184. Penalties.
Any person who violates any provision of this article shall
be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined an amount not to exceed three hundred dollars
($300.00) or be imprisoned for a period not exceeding ninety
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(90) days or be both so fined and imprisoned. Each day such
violation is committed or permitted to continue shall consti-
tute a separate offense and shall be punishable as such here-
under."
Section 3
That Section 13-97 of the Municipal Code of the City of
Aspen, Colorado, be and hereby is amended by the addition of
subsection (f) thereof to read as follows:
,, (f)
a
It shall be unlawful and shall constitute a public nui-
sance for any person to permit or suffer the accumula-
tion of ice and snow upon any sidewalk, sidewalk area,
street, alley or public way in such manner as to impede
normal vehicular or pedestrian traffic or emergency
access without having obtained prior authorization from
the City Manager."
Section 4
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
A public hearing on the ordinance shall be held on the ~
day of~ ~b , 1984, at 5:00 P.M. in
the Cit ers, 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
~ , 1983.
William L. Stirling, Mayor
ATTEST:
Kathryn S~ Koch, City Cler
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FINALLY adopted, passed
ATTEST:
and approved this \~_/~fJ'/u~ day of
, 1984.
· ' ~ayor
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
read in full, and passed on
introduced,
reading at a regular meeting of the City Council of the
City of Aspen on /~f~.~ ~? , 19 ,~ and published
in the Aspen Times a weekly newspaper of general circulation
published in the City of Aspen, Colorado, in its issue of
· ~ , 19 , and was finally adopted
and approved at a regular meeting of the City Council on
r~J~nanceNO~-~~c. ~ ,19 ,~ ,-ando~rdered~, published as
· ~'~ , Series of 19 ~ of said City, as
provided by law.
IN WITNESS WHEREOF,
the seal of said City of
of
I have hereunto set my hand and
Aspen, Colorado this /~ day
, 19 ~.
Kathryn~. Koch, City Clerk
S E A L
Deputy City Clerk