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HomeMy WebLinkAboutordinance.council.003-73RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of l~'fS~- 100 Leaves AN ORDINANCE AMENDING CHAPTER 19 OF THE ASPEN MUNICIPAL CODE BY ADDING ARTICLE VI THERETO ESTABLISHING pROCEDURES FOR OBTAINING PERMITS FROM THE CITY OF ASPEN TO INSTALL AND OPERATE PUBLIC SKI STORAGE RACKS ENCROACHING OR LOCATED UPON PUBLIC RIGHTS OF WAY. WHEREAS, the City of Aspen have expressed an interest to install and operate ski storage racks on the buildings in which their businesses are a number of business establishmentS situated in in being permitted the outside walls of located, or in other authorized areas, which racks would extend onto or be located upon public rights of way~ for purposes of temporary storage of skis by the general public; and WHEREAS, the Aspen City Council and the City Engineering Daprtment have determined that permitting the installation and operation of such ski storage racks~ subject to appropriate regulations~ will be of substantial benefit to the community by providing safe and convenient temporary storage for skis and will further serve as an attraction to the skiing public to patronize the Aspen business area and the Aspen vicinity skiing facilities in general, NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: Section 1. That Cahpter 19 of the Municipal Code of the City of Aspen is hereby amended by adding thereto the following Article VI, which said Article VI shall read as follows: ,'ARTICLE VI. pERMITS FOR SKI STORAGE RACKS ENCROACHING ~ OR LOCAT~ UPON pUBLIC RIGHTS OF WAY Section 19-141. permit for installing and operating ski storage rack encroaching or located upon public right of way - qualification; application. RECORD OF PROCEEDINGS 100 Leaves The owner of any business conducted within the City for which a Business License has been issued may apply to the City Engineering Department for a permit to install, operate and maintain a ski storage rack on the outside wall of the building in which his business is located, or in such other area as may be approved by the City Engineering Depart- ment, for purposes of temporary storage of skis by the general public. The application shall be made upon the form provided by the City Engineering Department, and shall include an affi- davit signed by the applicant ( and by the owner of the building if the applicant is a lessee) stating the name of the applicant and of the owner of the building~ the name and address of the business, and such other additional information as the City Engineering Department may reasonably require from time to time, and stating further that the applicant ( and owner, if not the applicant) agrees to save, defend and hold harmless the City from all liabilities or claims due to loss, damage, theft or injury of or to persons or property arising from the use of such rack, and stating further that the applicant agrees to comply with the provisions of this article and with all regulations which may be promulgated from time to time by the City Engineering Department in connection with the installa- tion, operation, maintenance and use ~ such racks. The application shall be accompanied by the full amount of the fee required for such permit, and by an accurate drawing of the proposed rack showing the design and location thereof. Section 19-142. General specifications for ski storage racks. In addition to whatever regulations the City Engineering Department may from time to time promulgate in connection with such racks, all ski storage racks shall: -2- RECORD OF PROCEEDINGS 100 Leaves (1) Be fitted with functional locks, and be of such structural design as shall be approved by the City Engineering Department. (2) Be so designed and constructed as to harmonize as closely as possible with the buildings to which they are attached, or with whatever other approved area they may be located upon. (3) If of the wall-mounted type, allow a minimum clearance, for purposes of snow removal and ordinary sidewalk traffic, of at least six (6) feet between the nearest curb and the furthest protrusion of the rack, and of at least 6" from the lowest part of the rack and of the ski carried by such rack and side- walk. (4) Clearly display the name, address and phone number of the applicant-operator of the rack. (5) Be maintained in an operable condition at all times. Section 19-143. Fee; expiration of permit. The fee for the permit required by this article will be the sum of five dollars ($5.00) annually, which fee shall be paid to the director of finance on or before February 1 of each and every year. The permit required by this article shall automatically expire on February 1 of any year for which the permit fee has not been paid for the next year as above required. Section 19-144. Termination of permit; removal of racks. The occurrence of any of the following events shall cause the automatic revocation and termination of a permit issued under the provisions of this article, and the ski storage rack installed under such permit shall be completely removed by the permit-holder within ten (10) days following the termination thereof, to wit: (1) Termination of the permit-holder's right to occupy the · d building space descrzbe in the permit application, or the per- -B- RECORD OF PROCEEDINGS 100 Leaves manent removal of (2) of the permit-holder's business from such space. The failure of the permit-holder to remedy any violations this article or of the regulations promulgated hereunder within ten (10) days following receipt by the permit-holder of written notice from the City Engineering Department that such violations have occurred. (3) The receipt by the permit-holder of written notice from the City Engineering Department that the City has provided adequate public ski storage in malled areas or other public places. Section 19-145. Permit required; violation of article provisions or regulation; separate offense for each day's violation. The installation or operation of any ski storage rack which encroaches or is located upon a public right of way (a) without first having procured a permit from the City so to do, or (b) in violation of any of the provisions of this article or of any regulation promulgated hereunder by the City Engineering Department or the failure to remove a rack within ten (10) days following the termination of the related permit, shall constitute a violation of this article and shall be deemed a separate violation hereof for each and every day that such violation continues. Any such violation shall be unlawful, and shall be subject to criminal prosecution in the Municipal Court of the City of Aspen." Section 2. If any provision of this ordinance or the application thereof to any perosn or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. --4- RECORD OF PROCEEDINGS 100 Leaves Section 3. ordinance shall be held at ~'~-o P.M. in the City Council A public hearing on the ~~~ /.~ /??_~ at Chambers, City Hall Building, Aspen, Colorado. INTRODUCED~ READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen~ Colorado on day of ~.,~ 1973. City clef 1~ IINALLY ADOPTED~ PASSED AND APPROVED this~ /~, day of ATTEST: ~ (~._..~ ~~'~'~/ ~ City Clerk -5- STATE OF COLORADO) ) COUNTY OF PITKIN ) ss CERTIFICATE ~[, Lorraine Graves, City Cler~ of Aspen, Colora~Jo, do hereby certify that the above and forefoing ordinance was by title introduced, read~mx~t~l, and passed on first reading at a regular meeting of the City Council of the ~1~7 3, and nublish- City of Asoen on January 22 Today ed in the As~en~ a weekly newsoaner of general ci-'cul- ation, published in the City of Ashen, Colorado, in its issue of ~ ..... ~y ~ , 1~7~, and was finally adopted and aDnro~ed at a regular meeting of the City ,1973~and ordered published , Series of 197--3, of said City, as Council on February 12 as Ordinance No. 3 orovided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of As~en~ Colorado, this ]?~h day of February 12 ~ 1')7 3. SEAL ~Lorrazne Graves, Czty Cler!~