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HomeMy WebLinkAboutbocc.res.042.1978 ; �,, a ;,�� .��r..,:,,;. . ��*�.: _ . . __ . � =_ _ • • . _ .. _ �`�,�,,': Recorded at 9:05 A.M. Apr 27, 1978 Julie Hane, Recorder Reception Number:,� , c��� 203560 :,, ' ' i,i,,:�, - ,.; � ., . _ eooK 34ti ract��J RESOLIITION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, PROHIBITING THE ',�' USE OF MOTORIZED BICYCLES (MOPEDS). ON THE COUNTY TRAIL SYSTEM : - Resolution 78-� � u ;t � WIiEREAS, the BOARD OF COUNTY COPAMISSIONERS did, by its �i ,} Resolution No. 75-3, dated January 30, 1975, adopt various � . regulations for the use of the County Trail System which, � ;� among other things, prohibit the use of automobiles, motorbikes, � �-' motorcycles, motorscooters, go-carts and snowmobiles on Ehe � , i% trail system, and � �2 � WHEREAS, subsequent to the adoption of Resolution 75=3, `,s�, there has come into common use a new type of vehicle called +� a a "motorized bicycle" or "moped", the use of which on the trail �?.. system is not addressed in Resolution 75-3, and � � WHEREAS, Senate Bill 69, approved on June 9, 1977, has � amended CRS 1973 Section 42-4-109 to read as follows: � :��' [;� �� Powers of Local Authorities; (1) The provisions of this y- article shall not be deemed to prevent local authorities, i�K with respect to the streets and highways under their 'i?:� jurisdiction and within the reasonable exercise of the +� police power, except those streets and highways which �� are part of the highway system...from...(Z) regulating ��' the operation of motorized bicycles consistent with the E�' provisions of this article; except that local authorities t;� shall be prohibited from establishing any requirements �'��` for the registration and licensing of motorized bicycles. �:;; �:�: �,,: AND WHEREAS, subsequent to notice thereof, the Board � `. of County Commissioners did conduct a public hearing on April �5 24, 1978, to consider the exclusion of motorized bicycles from the County Trail System and found it desirable to prohibit ;� .�: their use, their operation being incompatible with the purpose '� �:. - t:� of the systems and, in many instances, the County's obligations �; ;;, t- to property owners who have contributed lands to the system in �: i.: i:': the past. 1`:;. `n 1�z ;`;,.- .'" J; ���� �FC' _ . . ' '� �Vt� - 1 ', .. ������ . , . .: i- �.. .F��' � .���v . . . .,,.. . -- ��.. . . . . ...-.. ,�. :.. . .. � . ' . .. ��': . f1= ' — a — eoox346 PAG�92�i � �- .,,_. -. � NOW, THEREFORE, BE IT RESOLVED by the Board of County � I Commissioners of Pitkin County, Colorado, that the first i ' sentence of paragraph 2a of Resolution 75-3 be and hereby � is repealed and reenacted to read as follows: i j "That no motorized vehicles whatsoever including auto- ' mobiles, motorbikes, motorcycles, motorscooters, go-carts, I snowmobiles, MOTORIZED BICYCLES,. MOPEDS, and the like . except County Maintenance, Police, Fire, Ambulance and j emergency vehicles are permitted to use the Pitkin i. _ County Trail System." , i BE IT FURTHER RESOLVED that for the purpose hereof ; "motorized bicycle" or."moped" is defined to mean: . j . i i "Any vehicle having two or three wheels with operable j pedals which may be propelled by human power or helper motor, or both, with a motor rated no more than two brake horsepower, a cylinder capacity not exceeding 50 C,C., and an automatic transmission which produces a maximum desiqn speed of not more than thirty (30) miles per hour on a flat surface." Approved this �_ day of April, 1978, to be effective immediately. BOARD OF COIINTY COMMISSIONERS PITKIN COUNTY,. COLORADO _ ._... • gy; l�v,����!�' s 1 ,. '�, �•� Robert iv. Child, Chairman �'RR'ESY'>`� ''��•• '�` »v,+r t x , � �' [ �/� I�' � .�L!)IL�I" .�.��etR'. ewa�'C' �%°ib�P_tii�67�i�te::�:':`:�'. • •. =i-... ,�.n _ :_ a . ApI�JWE12i�tS�TO,FORM: .�.���_�4�.��- � ndra M. St 2 er County Attorney � � � � i i , � � � 3�.N.F-• :�r•�:���_�