HomeMy WebLinkAboutbocc.ord.004.2001 AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AMENDING TITLE IX OF THE PITKIN COUNTY CODE
CONTAINING OPEN SPACE AND TRAILS REGULATIONS
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ORDINANCE # 06 , SERIES OF 2001
1. Pitkin County has acquired a number of properties that have been designated for
open space use, and has developed a number of trails for public use.
2. Pitkin County has established an Open Space and Trails Board of Trustees to
consult with the County Commissioners on open space and trails acquisition and
development decisions and has established an Open Space and Trails Program to
carry out open space and trails programs and policies.
3. It is necessary and appropriate for public safety and the general welfare of open
space and trails users that County Open Space and Trails Properties, both those
acquired prior to and after the establishment of the Open Space and Trails
Program, be managed, regulated, maintained and utilized according to a
consistent, comprehensive, and clearly understood set of rules, restrictions, and
use standards.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that Title IX of the Pitkin County Code is hereby amended as
follows:
ARTICLE 1 —DESIGNATION OF OPEN SPACE AND TRAILS PROPERTIES
1-1 ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES
The trails, trailhead parking lots, open spaces and attendant facilities and
structures that are named as Open Space or Trails through Resolution or
Ordinance of the Pitkin County Board of Commissioners are declared to be Pitkin
County Trails and Open Space Properties; and further, that properties acquired by
funds designated for the Open Space and Trails Program are declared to be Pitkin
County Open Space and Trails Properties, and further, that properties may be
added to or deleted from the inventory of Pitkin County Trails and Open Space
Properties according to applicable statutes, including, but not limited to, Article
13, section 5.3 of the Pitkin County Home Rule Charter and by Ordinance or
Resolution of the Board of County Commissioners.
1-2 DESIGNATION OF OPEN SPACE AND TRAILS FACILITIES
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Open Space and Trails properties and facilities will be identified by specific
action of the Board of County Commissioners, through Ordinance or Resolution,
identifying open space and trails facilities as such. Such facilities will include,
but not be limited to, County owned and maintained trails, trailheads, parking
areas, signs, mining claims, open spaces, parks, river access points for boating or
fishing purposes, fishing easements, bridges, wildlife areas, and easements
obtained for the purposes of wildlife habitat preservation, scenic preservation,
agriculture, access to public lands or for other purposes identified by the County.
ARTICLE 2 —RULES AND REGULATIONS
2-1 RESTRICTIONS ON TRAIL USE
The following restrictions apply to all trails owned in fee simple by the Pitkin County,
and to all trail easements except where such restrictions are limited by the express terms
of the trail easement.
2-1.1 Motorized vehicles restricted. No motorized vehicles whatsoever,
including automobiles, trucks, farm or agricultural vehicles, motorcycles,
motorbikes, motor scooters, go-carts, snowmobiles, motorized bicycles, mopeds
or all-terrain vehicles will be allowed on any county trail at any time. The
following vehicles and uses are exempted from this prohibition:
2-1.1a. County maintenance vehicles, ambulance, law enforcement, fire or
other emergency vehicles will be allowed to enter onto County trails in the
course of carrying out their normal duties.
2-1.1b. Snowmobiles or snowcaps may be allowed onto County trails to
set cross-country ski tracks or to otherwise install or maintain Nordic
trails.
2-1.1c. Construction or maintenance vehicles owned and operated by
private contractors may enter onto County trails subject to specific
permission as set forth in Section 6.2 of the Road Management Plan.
2-1.1d.Agricultural, ranch or personal vehicles belonging to specific
owners, their employees or assigns, may enter onto County trails subject
to the terms of easements or agreements between the County and
individual landowners. .
2-1.2 Allowed Uses. Bicycles, pedestrians, skates, skateboards, nonmotorized
scooters, and baby strollers are allowed on all trails at all times unless specifically
prohibited and posted otherwise. All trail users will travel at safe speeds at all times.
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2-1.3 Right of Way. In areas of mixed use, i.e. horses, bicycles and
pedestrians, equestrians have the right of way in all circumstances. All traffic is
to yield to equestrians. Bicycle or other wheeled traffic is to yield to pedestrians.
2-1.4. Fires Prohibited. Fires are prohibited at any location and at all times
within trails, trail easements or trail facilities, including, but not limited to,
parking areas, trail shoulders and borders, bridges and structures.
2-1.5. Trespass Prohibited. It is prohibited to trespass from trails onto adjacent
private lands except where specifically authorized by the owners or occupants of
private lands.
2-1.6. Equestrian Use. Equestrian use is restricted to unpaved trail areas unless
otherwise posted. Horse traffic is restricted to walk or trot speeds. Horses must
be under control at all times. Buggies, carts, or other horse-drawn vehicles are
prohibited from all trails.
2-1.7. Stop Required. Trail users shall stop at all road and driveway crossings
and yield to any motorized traffic, except where the trail right of way takes
precedence over a driveway crossing, in which case driveway users shall yield to
trail users. Trails and highways will be posted with informational signs
designating intersections.
2-1.8. Dogs on Leashes. Dogs on trails must be leashed at all times.
2.2. RESTRICTIONS ON OPEN SPACE USE
The following restrictions apply to all open space owned in fee simple by Pitkin
County. These restrictions also apply to public use provided in any conservation
easement held by Pitkin County, unless superceded by the specific terms of the
conservation easement in question. Nothing contained herein limits or otherwise
modifies rights reserved to the owner of fee simple property subject to a
conservation easement held by Pitkin County.
2-2.1. Camping Prohibited. Overnight camping is prohibited on Open Space
and Trails Properties.
2-2.2. Commercial Activities Limited. Commercial activities, provision of
services, or any activity for which a fee may be charged are prohibited on any
Open Space land except when specifically authorized pursuant to a Special Use
Review as set forth in Article 3. The exception to this will be the loading or
unloading of horses, bicycles or other conveyances or persons at trailheads
pursuant to use of the County or other public trail systems.
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2-2.3. Closed Areas. Entry onto or use of Open Space lands posted as closed is
prohibited.
2-2.4. Fires Restricted. Fires are permitted in designated grills or firepots only.
Fires are prohibited in all other locations. Fires are prohibited in all locations
between the hours of 12:00 AM and 5:00 AM, MST. It is unlawful to burn fires
in any location at any time in a careless manner, to leave a fire unattended, to burn
any explosive or toxic materials, or to fail to extinguish fires completely.
2-2.5. Hang-Gliding Restricted. Hang-gliding or operation of any motorized or
non-motorized aircraft, glider, parachute, paraglider, or balloon for landing or
take-of is prohibited except pursuant to special use permit pursuant to Article 3
and section 3-210 of the Pitkin County Code.
2-2.6. Motorized Vehicles Restricted. Motorized vehicles are restricted to
parking areas, driveways and other areas specifically posted for motor
vehicle occupancy. The exception to this shall be County or other
maintenance or construction vehicles specifically authorized for access
pursuant to Section 6 of the Road Management Plan, emergency vehicles
acting in the line of duty, or private vehicles specifically authorized under
Section 2-4 or Article 3 or authorized by previous written access
easement.
2-2.7. Domestic Animals Prohibited. Domestic animals are prohibited on Open
Space properties except where specifically permitted pursuant to an agricultural
lease. It is unlawful to chase or molest any livestock on Open Space properties.
All gates, fences, and other entry points must be closed in areas where livestock is
permitted.
2-3 GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND
TRAILS PROPERTIES.
The following restrictions apply to all open space owned in fee simple by Pitkin County.
These restrictions also apply to public use provided in any conservation easement held by
Pitkin County, unless superceded by the specific terms of the conservation easement in
question. Nothing contained herein limits or otherwise modifies rights reserved to the
owner of fee simple property subject to a conservation easement held by Pitkin County.
2-3.1. Firearms Prohibited. It is forbidden to discharge firearms or projectile
weapons on any Open Space or Trails Properties. The exception to this will be
law officers discharging weapons in the line of duty.
2-3.2. Hunting Prohibited. All Open Space and Trails Properties are closed to
hunting unless specifically authorized pursuant to a management plan enacted
under Section 2-4 and posted otherwise. Hunters may not cross Open Space and
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Trails Properties to access adjacent public lands unless specifically authorized
pursuant to a management plan enacted under Section 2-4.
2-3.3. Disorderly Conduct Prohibited. Disorderly conduct of any kind is
prohibited on Open Space and Trails Properties. Disorderly conduct includes, but
is not limited to, making any coarse, annoying, derisive or obviously offensive
utterance, gesture or display which tends to incite an immediate breach of the
peace. Also fighting, littering or abandonment of private property, making
excessive or amplified noise that would tend to disturb the peace and quiet of
adjacent residents or occupants, or any other activity that deliberately infringes on
the ability of others to use or enjoy open space or trails facilities.
2-3.4. Hazardous Activities Prohibited. Hazardous activities of any kind are
prohibited on Open Space and Trails Properties. Hazardous activities are defined
as those activities which might constitute or contribute to a hazard to the safety of
any person. Such activities include, but are not limited to, use of fireworks or
other explosives, use of remote-controlled craft, launching of missiles, and
sledding. Exceptions or additions to these restriction may be made in specific
locations or circumstances pursuant to Special Use Review under Article 3 and
posted accordingly.
2-3.5. Boating Restricted. Boat launching and landing is limited to sites
designated for that purpose. Boating is limited to free-flowing waterways and is
prohibited on intermittent or permanent lakes or ponds on Open Space lands.
Man-made structures pursuant to boating such as access ramps, docks, kayak
courses, or buoys are prohibit except in locations specifically authorized by a
Management Plan enacted pursuant to Article 4.5, or pursuant to a Special Use
review under Article 3.
2-3.6. Vandalism Prohibited. Vandalism, property damage or removal of
resources or facilities is prohibited on any Open Space or Trails Property. It is
unlawful to remove, damage, deface, mutilate or destroy any structure, poster,
sign, marker, fence, gate furniture, vegetation, rock, or any object of scientific or
historic value or interest.
2-3.7. Dogs and Pets Restricted. Dogs, cats, and other pet animals must be
leashed on trails. Posted leash laws or more restrictive leash laws within other
jurisdictions (i.e. within municipal boundaries) must be obeyed. Owners of
uncontrolled dogs observed on Open Space or Trails Properties will be subject to
penalty under these regulations. Dogs or other animals are prohibited in areas
specifically posted for such prohibition. Dogs observed molesting or menacing
any person, wildlife or livestock may be destroyed. Dog waste must be picked up
and disposed of off-site in a safe and sanitary manner by owners or keepers.
2-3.8. Fishing Restricted. Fishing is permitted according to the regulations of
the Colorado Division of Wildlife, except where otherwise posted and prohibited
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in a management plan enacted pursuant to section 2-4. A valid fishing license is
required. Fishing is restricted to free-flowing waterways and is prohibited in
intermittent or permanent ponds or lakes except where expressly allowed. Fishing
access is by designated trails only.
2-3.9. Wildlife Protected. Wildlife is protected on all Open Space and Trails
Properties. Hunting, trapping, chasing, molesting, harming, removing, killing or
otherwise disturbing wildlife on Open Space and Trails Properties is prohibited at
all times and under all circumstances, with the exception of fishing (See
Paragraph 2-3.8., above). Damaging or destroying the habitat of any species of
wildlife is prohibited. Removing or destroying, native plants, bird or reptile eggs
is prohibited. Nothing in this section shall prohibit trapping for research,
management and monitoring purposes.
2-3.10 Littering and Waste Disposal Prohibited. Any disposal, depositing or
abandonment of trash, garbage, litter, waste paper, waste food products, human or
animal wastes, toxic materials, oil and other mechanical waste products, animal
parts, fire ash or other combustion byproducts, or other waste products on Open
Space or Trails Properties other than in designated containers and locations is
prohibited.
2-3.11 Structures and Notices Prohibited. Construction of any kind not
specifically authorized by the Open Space Director_is prohibited.
Activities prohibited include, but are not limited to, excavations, ground
clearing or grading, erection of permanent or temporary structures,
erection of signs, posting of bills, notices or posters, fencing or clearing of
vegetation.
2-4 —MANAGEMENT PLANS
In consultation with the Board of Open Space Trustees, the Board of County
Commissioners may adopt individualized management plans for specific Open
Space and Trails Properties. The ordinance adopting any management plan shall
include a provision that it is governed by Title IX of the Pitkin County Code and
that violation of its terns and conditions shall be enforced under the provisions of
this regulation as if they were set forth herein.
ARTICLE 3—PERMITS
3-1 Special Review of Uses on Open Space Properties
This Article establishes review standards for Uses of Open Space Properties allowed only
by permit. The County may approve, approve with conditions, or deny applications for
special uses of Open Space Properties pursuant to section 3-210 of the Pitkin County
Land Use Code.
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3-1.1 Prior to submitting an application for a Special Use pursuant to section 3-210 of
the Pitkin County Land Use Code, the applicant shall obtain a written certification from
the Director of Open Space and Trails regarding the consistency of the proposed use with
the following.
a. The Management Plan for the open space property in question, if
available.
b. The provisions of Title IX, Article 2, of the Pitkin County Land Use Code
c. The protection of the conservation values of the Open Space Property on
which the use is proposed.
3-1.2 In responding to requests pursuant to this Article, the Open Space Director shall
consult with the County Wildlife Biologist and/or other persons with requisite expertise
to evaluate the impact of the proposed use on the conservation values of the Open Space
Property.
3-1.3 The Open Space Director may condition a certification of consistency on the
applicant agreeing to provide a surety bond in favor of the County in the event that a
Special Use Permit is granted, in the amount of at least two thousand dollars ($2000.00),
or other amount to be determined by the Open Space Director, or his/her designee. All
Financial Security will be held for the duration of any special use permit. The bond will
be conditioned upon:
a. Faithful compliance with the terms of a special use permit, regulations, and
ordinances of Pitkin County.
b. The restoration and clean up of any site affected by the special use. Any
revegetation needed to restore the site shall conform to the adopted Pitkin
County Landscape Guidelines
3-1.4 The Open Space Director may condition certification on the applicants
agreement to pay a use impact fee which is commensurate with the additional
maintenance costs associated with the proposed use.
3-1.5 The Open Space Director shall make a written response either certifying
the consistency of the proposed special use with or without conditions or
determining the proposed special use is not consistent, within 45 days of
receiving a written request for certification. An applicant may appeal the
determination of the Open Space Director to the Board of Count
Commissioners within 15 days of receipt of the determination. The Board
of County Commissioners must issue a final determination within 30 days
of hearing an appeal pursuant to this section.
ARTICLE 4—EASEMENTS AND AGREEMENTS
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The terms and conditions of Conservation or Trail Easements or other approved
agreements between the County and private property owners are incorporated into
these regulations by reference. To the extent of any conflict between these
regulations and the terms of conservation easements or trail easements, the terms
of such easements will control. Those terms and conditions shall be enforced
under the provisions of this regulation as if they were set forth herein.
ARTICLE 5—AMENDMENT
These rules and regulations may be amended from time to time by the Pitkin
County Board of Commissioners. These rules shall apply to existing Open Space
and Trails Properties and to such trails and open space properties as may be
acquired by the Pitkin County Open Space and Trails Program from time to time
or designated by the County as being subject to these rules.
ARTICLE 6—VIOLATIONS, ENFORCEMENT AND PENALTIES
A. Unlawful Activity. It shall be unlawful to engage in any activity that is in
violation of the Article 2 of this ordinance.
B. Penalty. Violation of this ordinance is a class 2 petty offense, punishable by a
fine of $100.00 for the first offense, $500.00 for the second offense, and
$1000.00 for the third and subsequent offenses. Violations of hunting related
regulations are punishable by.a fine of$1000.00 for each offense.
C. Criminal Enforcement The Director of Pitkin County Open Space and Trails,
Open Space Ranger, the Pitkin County Wildlife Biologist, the Pitkin County
Land Management Operations Supervisor, Pitkin County Zoning Officer, the
Pitkin County Community Development Director, or any law enforcement
officer may follow the penalty assessment procedure provided in Section 16-2-
201, C.R.S. for any violation of this ordinance, or may enforce the provisions of
this ordinance by filing and service of summons and complaint in accordance
with county court procedures. In the event the penalty assessment procedure is
followed, the penalty shall be the as set forth in 313, and such assessment shall
also include a$10.00 surcharge required by C.R.S. Section 30-15-402(2).
D. Civil Enforcement — In the event of any activity in violation of this Ordinance, the
County Attorney, in addition to other remedies provided by law or specified herein, may
institute an injunction, mandamus, abatement, or other appropriate action or proceeding
to prevent, enjoin, or abate any unlawful activity, or to remove any improvements on
construction resulting from such unlawful activity. In the event that such unlawful
activity has damaged any county property, the violator shall be liable for any damage to
county property resulting from any such unlawful activity, including, but not limited to,
compensation for staff time and for use of county equipment to repair such damage.
Any civil action or proceeding can include a claim to recover all such money damages.
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ARTICLE 7—POSTING
These regulations, or a summary thereof, will be posted at visible locations on
Open Space and Trails Properties. Full text of these regulations shall be available
for public inspection at the offices of the County Open Space and Trails Director,
Land Manager and the Pitkin County Open Space and Trails Program.
INTRODUCED, FIRST READ, AND APPROVED ON THE 10th DAY OF
JANUARY,2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 13Tu DAY OF JANUARY 2001.
SECOND READING AND PUBLIC HEARING ON THE 24" DAY OF
JANUARY,2001
PUBLISHED BY TITLE AND SHORT SUMMARY AFTER ADOPTON IN
THE WEEKEND EDITION OF THE ASPEN TIMES ON 3rd DAY OF
FEBRUARY,2001.
This ordinance goes into effect 30 days after final publication on February 3, 2001
t�T bEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
tte Jones Michael C. Ireland, Chaff
4Deuty Clerk
Date: -12 -e '/
APPROVED AS TO FORM:
John Hilary F. ith
Co y tto ey A"i*g County Manager
Dale ill, Open Space and Trails Director
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