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Home My WebLink Aboutbocc.ord.025.1993 ''� i .i , �::,:: . .+° r ;. � � ; z � ��' . , � ' .. .. � � i�l i �� i.., �� _ +�� t �.S': . . ' .�-,�._'v • ' . :��.c...YA+�7��s. t_��`��@!�� A , ,�'7 � AN ORbINANCE OF T8E BOARD OF -' COIINTY COMMIBSIONERB OF PITICIN COI)NTY, COLORADO� ',{ RSPEALING TITLE I% �F T88 PITICIN COONTY CODB AND RE-ENACTZNQ OPEH SPACE ANb TRAILS REGIILATIONB ORDINANCE ,� �'7 � SERZES OF 1993 ; 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 puhlic 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 ahd 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 Trai2s Properties, both those acquired priar , to and after the establishment of the Open Space and Trails . Program, be managed, regulated, maintained and utilized according to a consistent, comprehensive, and clear2y- understood set oE rules, restrictions, and use standards. � 4. The current and existing Tit2e IX of the Pitkin County Code • is not sufficiently comprehensive to address all of the regulatory needs of the existing and anticipated open space L� and trails system: 4��£� NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Co2orado, that Title IX of the Pitkin County Code is hereby repealed and the following new Title IX enacted in its place: - ARTICLB 1 - DESIGNATION OF OPEN SPACE AND TRAILB PROPERTIES 1-1 ACQIII$ITION OF OPEN SPACE AND TRAILS PROPERTIEB „ - The trails, trailhead parking lots, open spaces and attendant '� facilities and structures that are named as Open Space or . Trai2s through Resolution or ordinance of the Pitkin County Board of Commissioners are declared to be Pitkin County Trails i and Open Space Properties; and further, that trails, trail easements or open spaces previously acquired by the County ! through such actions and documented in the Pitkin County Land i Database, compiled May, 1992 and updated periodically ', thereaPter, are likewise declared to be Pitkin Caunty 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 � I t r . � r�*Et�" . ~ -. ... . .. . ... . . . ~. - . . . . � . � . � �.. . _ -�i�atl��'� � , . ' _ � � Y��.. . � . . s��t •• ;�,-. `:..y. , " . i�`� _ _�._.._ _—_-�..�...._._ , . ^ ;� ��.,� , , ;:+ ... �:.�„ , � � ,: a � ;• �� t�. + -' � Ir, t..,li�: t�I': r s��-: }�.`�.;t. 1�`.y ,� � r ' . �� . �J�.�,,,`� �, .�,y C � •� 'T'A �li . �� ,�, .. 'T,�"y'��t J -7t. .�I�bb��.: ... .. � � J�� , ...Nr... 1` � . �,2f,.. ��:.aA a. . . . +f�. ,;�y� '� ---- deleted from the inventory of Pitkin County Trails and open y Space Properties aacording to applicable statutes and by �� Ordinance or Resolution of the Board of County Commissioners, ' �! and amendment of the Pitkin County Land Database. + ' i , }; 1-2 DESIGNATION OF OPEN SPACE AND TRAILS FACILITTES �' "� O n S ace and Trails � : pe p properties and facilities will be , identified as such in the Pitkin County Land database and by specific action of the Board of County Commissioners, throngh ��' Ordinance or Resolution, identifying open space and trails � ;; facilities as such. Such facilities will include, but not be i, � limited to, County owned and maintained trails, trailheads, �� arkin areas si ns minin cliams o en s aces arks river ,; P 9 . 9 . 4 , P P . P . „^ access points for boating or fishing purposes, bridges, � `, wildlife areas, and easements obtained for the purposes of � " � wildlife habitat preservation, scenic preservation, c !; agriculture, access to public lands or for other purposes % identified by the County. j i ARTICLE 2 - ROLES AND REGULATIONS ' � 2-1 RESTRICTIONS ON TRATL USE ± � 2-1.1 Motorized vehicles restricted. No motorized vehicles E whatsoever, including automobiles, trucks, farm or � agricultural vehic2es, motorcycles, motorbikes, motorscooters, � go-carts, snowmobiles, motorized bicycles, mopeds or a11- pt � terrain vehicles will be allowed on any County trail at any �`� j time. The following vehicles and uses may be exempted from � l this prohibition: �� ? ' 2-l.la. Covnty maintenance vehicles, ambulance, law f � � enforcement, fire or other emergency vehicles will be � wallowed to enter onto County trails in the course of � , ' carrying out their normal duties. `�,;;�_ 2-i.lb. Snowmobiles or snowcats may be allowed onto � `*�� County trails to set cross-country ski tracks or to '. otherwise install or maintain nordie trails. ��` ;�i 2-i.ic. Construction or maintenance vehicles owned and operated by private contractors may enter onto County t'+ trails subject to specific permission. 2-l.id. Agricultural, ranch or personal vehicles � belonging to specific owners, their emp2oyees or assigns, may enter onto County trails subject to the terms of 'i'� easements or agreements between the County and individual � landawners. - i 2-1.2 Allowed IIses. Sicycles, pedestrians, and baby strollers � i «? I 2 t ( i t - -�• �,, , " :: �u�+�,�s:. . 4. ...`. . . e i . ' - f .4Y:;�. . - . ., , ��% , i�? :�> ry , J ..�}. . .p i 5 1 �•1 .�'... r i s�,.:� ..; ''.i _:, . ,.. ;. .l' .. �.•f U ! r / Ya.� y ��l . J .. .. � • ltY J�y ZI .yl' Y f ��( sA�� I �� J ' , � k • ' y� ri��1��J! .�`1' ,}I�� r' � '��l � ••15"tC>� ..�.fj1 . Y': ' .L;a ��:' �� r� ��j'T��,�� •. � � , iT. _ . r_:� . ��: i - are allowed on all traiYs at all times unless speciffcally � prohibited and posted otherwise. All tra5.1 users will travel at safe speeds at all times. � ;.. i � 2-1.3 Coaditional Uaes. In-line skates, skateboards, horses, ' and other forms of locomotion are prohibited from trai2s except in areas specifically designated for such uses. � , 2-1.4 Right of Way. In areas of mixed use, i.e. horses, 4. • 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. I 2-1.5. Firea Prohibited. FireA are prohibited at any Iocation and at all times within trails, trail easements or trail !, facilities, incZuding, but not limited to, parking areas, • trail shoulders and borders, bridges and structures. 2-1.6. 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. 2-1.7. Equestrian IIse. Equestrian use is permitted on + designated and posted trails only. All horse traffic 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. Trails available for equestrian use shall be identified, listed and L�� available for public information 2-1.8. Stop Required. Trail users shall stop at all road and driveway crossings and yield to any motorized traffic. Trails and highways will be posted with informational signs ; . designating intersections. ' 2-1.9. Doqs on Leashes. Dogs on trails must be leashed at all ':�;`- times. � 2-2. RESTRICTIONS ON OPEN SPACE iJBE . 2-2.1. Campinq Prohibited. Overnight camping is prahibited on open Space and Trails Properties except in areas specifically � designated for such use ar specifically authori2ed by the County Manager or his delegate. ' 2-2.2. commercial Activities LimitBd. Commercial activities, �c!: provision of services, or any activity for which a fee may be charged are prohibited on any open Space land except when � � specifically authorized. The exception to this will be the loading or unloading or horses, boats, bicycles or other conveyances or persons at trailheads pursuant to use of the e 3 ( �. i Y 4' /^ � � ..." - . . . . ... . . . .. . . . . . . . �• - . . . . . . �� ._ . .. .`� �T�(7' '1?c: � , . ' . , . � • ! ti�7,.. • �.> :.x;_.`�.,. • -.�� ., `�}' ., .�`�. , 4.i� ` j.z` � � �! i — ::r ,.�. ... � } . .e - � � .. p.L t� 'i�!- .�, � '� .' !� ,: � ,.;. �i'.��'. :�`1? V .�'i y/ . 1� . ' " Ji I� �y 1,y �..f ''� 'l YO»• -1"'t�' . . . ' � �� a.� �7 1 Y.1�1�� Y��g��5{� ' +� . '�, � - �a r. .. UCN�M7. �� 7�� lii'��p'��.. • \ +'• aK UCN� .ML �. ..��iid. "> �1'.��r!'.� _ .2:- . ♦ • 7y�'5� yd - County or other public trail systems. ! �: 2-2.3. Ciosed Areas. Entry onto or use of open Space lands posted as closed is prohibited. ' 2-2.4. Fires Reatricted. Fires are permitted in designated griils or firepits only. Fires are prohibited in all other � locations. Fires are prohibited in all locations between the hours of 12:U0 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. i 2-2.5. Hanq-Glidinq Restriated. Hang-gliding or operation of �,� any motorized or non-motorized aircraft, glider, parachute, ++ or balloon for landing or take-off is prohibited except in r x' designated areas. 2-2.6. Motorizad Vehicles Restriated. Motorized vehicles are restricted to parking areas, driveways and other areas • ;i specifically posted for motor vehicle occupancy. The exception to this shall be County or other maintenance or construction :; vehicles specifically authorized for access, emergency vehicles acting in the line of duty, or private vehicles specifically authorized by the County Manager or his delegate r or authorized by previous aqreement. '< 2-2.7 Domestic Animals Prohibited. Domestic animals are • � �� prohibited on open Space properties except where specifically =:n, �" permitted. It is unlawful to chase or molest any livestock on � Open Space properties. Al2 qates, fences, and other entry � points must be closed in areas where livestock is permitted. � 2-3 GENERAL RESTRICTIONB APPLTCABLE TO ALL OPEN SPACE AND TRAZLS & PROPERTIES. j: 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 and posted otherwise. _ 2-3.3. Disorderly Conduct Prohibited. Disorderly conduct of any kind is prohibited on Open Spaae and Trails Properties. Disorderly conduct includes, but is not limited to, making any coarse, annoying, derisive or obviously offensive utterance, $Y 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 4 � � � � � ..,,.... ..... . .. . . � ....� . .. . � - �. � . . - . .� .. .. � � ... � . . .. , �`��rk.�:-: � 1 � . � i .::Y�j��. . . • '�L� w�'�'� ' ... ._�p 1M � 1 ..I� /.. 4...�� .' . . - , ,::1�� 1 t.� / �.ti./ 1'.. �1� ��, �.tf��. � �' . . y ). I _ � -H�i'�� C A Y , . � :', 1 . �� Y�! f�!,. 6r'�r ��"'f ti � .i" •y� y�r �!c 1+, a. .y [� i: l �yg�� ti y�."k ,`1,� �3avr..�7:M' ..°L4 . .. " .�t4!r��~V; ."��:F"'i� ��lN%.i�r�a,�!`i��' , �+:t.. Y��5,. `L'J,'t --- would tend to disturb the L � 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 i� activities which miqht constitute or contribute to a hazard ?• to the safety of any person. Such activities include, but ara not limited to, use of fireworks or other explosives, use of ` remote-controlled craft, launching of missiles, and sledding. � �l ; Exceptions or additions to these restriction may be made in ' k specific locations or circumstances and posted accordingly. { 2-3.5. Boatinq Restricted. Boat launching and landing is i limited to sites designated for that purpose. Boating is ' 1 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, ; . I docks, kayak courses, or buoys are prohibited except in ; locations specifically authorized. i 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, I � marker, fence, gate, furniture, vegetation, rock, or any . �� object of scientific or historic value or interest. 2-3.7. Doqs and Pets Restricted. Dogs and other pet animals :� must be leashed on trails and remain within voice and sight � control of owners/keepers at all times. 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 `; �� g be picked up and disposed of off-site in a safe and sanitary ' ' manner by owners or keepers. 1, 2-3.8. Fishinq Restricted. Fishing is permitted according to the regulations of the Colorado Division of Wildlife, except ' where otherwise posted. A valid fishing license is required. � i Fishing is restricted to free-flowinq waterways and is �'+`� prohibited in intermittent or permanent ponds or lakes except :, i where expressly allowed. - � i 2-3.9. Wildlifa Protected. Wildlife is protected on all Open Space and Trails Properties. Hunting, trapping, chasing, Y:.,.. 5 �1'� ;, i � ,. i � _ . _ .. � � �. _ ��iF � J . , � , ,;;�-; ., ' ::. ,��F . ''�R� r• 1 , n� '? �.-"� � .. ��' . �!. _ 1 ( ..-:1� S �. } '7 i . '� ` f1I �, r _ _ '1 _ . �,; �Y , -..�' . \. �+ ft _ � �. t �xi.1 �, .a . . . G"�p��,��,,�,��.� . ��W, Fr 1,;�7_ �r.��'��y ` �'. � � �J7A�6uF' � � ..tt�. �aa� . .. � ';"�...;.. . a. r.. .t' �Y, I � � - � molesting, harming, removing, killing or otherwise disturbing wildlife on Open Space and Trails Propertfes is prohibited at all times and under all circumstances, with the exception of • fishing (See Paragraph 2-3.8., ahove). Damaging or destroying ,.. � the habitat of any species of wildlife is prohibited. Removing � or destroying bird or reptile eggs is prohibited. z 2-3.10 Litterinq and Waste Disposai Prohibited. Any disposal, depositing or abandonment of trash, garbage, litter, waste ' paper, waste food products,hwnan 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 4 designated containers and locations is prohibited. j 2-3.11 8tructurea and Noticea Prohibited. Construction of any i kind not specificaliy authorized is prohibited. Activities c r t pzohibited include, but are not limited to, excavation, ground clearing or grading, erection of permanent or temporary ' structures, erection of signs, posting of bills, notices or posters, fencing or clearing of vegetation. ' ARTICLB 3 - PERMITS ' The Board of County Commissioners may issue permits for � specific events, activities or uses of open Space or Trails Properties. Said permits and events, activities or uses may override or supersede these regulations under circumstances p� ; and conditions to be described in the Permit. Terms and format � 4►;�� , for permits will be determined from time to time by the Board ! of county commissioners and administered by the County Manager or his delegate. Permit application forms will be available at the Office of the Open Space and Trails Proqram, 530 East Main, Third Floor, Aspen, Colorado 81611. Some permits may require review under applicable sections of the County Land Use Code, and compliance with any terms of approval under ------<.�� those sections. , �.. - ARTICLE 4 - EABEMENTS AND AGREEMENTB �� The terms and conditions of Easements or other approved � transactions between the County and private property owners regardinq access to or use of trails or open space properties ` are incorporated into these regulations by reference. Those terms and conditiotts 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 6 I i I � -� .. � : �4r�u.��>. �; • 1 ' • � . � r;'i��:. , • �k�, '' ' � � . � . ��y u:• ' . ��j� `�:;:( a� � -.. y.,:� 'H�1 p ) �3 �� :.'. � � f ~�, :, tr r �.!} ,• �S�cv. tii1 :yl s -. �1`-' � 5 ?P . . � � � . �ti� ;C ��: y,�y ��J�„� '�'r,�ar,� 't. '� :'Aa F � i'^,� " .r.j. fi k'u1f'fl+�{ y.'MY� � � �5 i�.i� �igfi a��q; _ � til y, y�j. Je ti � u., N. "(,` . .. . . . `P". `'.;�� ' �.�� .r,��t c .: r��. �',iMKiN�.��. � .�::.rt. �':� '- � 1, trails and open spaae properties as may be acquired by the Pitkin County Open Space and Trails Program from time to time or designated hy the County as being subject to these rules. t i.:, ARTICLB 6 - VIOLATIONB� ENFORCEMENT AND PENALTIES , 6-1 Violation of any of the provisions of this Title is �:' $ punishable in County Court, pursuant to Section 30-15-402, .? C.R.S. 1973, by a fine of from fifty dollars ($50) to three � hundred dollars ($300), or by imprisonment of up to 90 days, � j or both. Pursuant to Section 29-7-101(b), C.R.S. 1973, as ; ,. amended, it shall be the duty of the Sheriff and his or her �. ; �eputies to enforce these regulations. � i � , 6-2 Except as otherwise provided in this Article, a person � charged with one or more violations of this regulation shall . have the option of paying a handling, processing and ` administrative assessment therefor to a designated County ; agent, the County Sheriff or his authorized agents in lieu of • � further proceedings in court to defend such charge as described in Article 6-1, above. If such person elects to appear in court he shall be proceeded against as otherwise provided by law Por the violations charged and shall be ; subject to the penalites provided for in said Article 6-1 � hereof, if found guilty of such charges. ; 6-3 In the event a person elects to pay the prescribed • �` handlinq, processing and administrative assessment as ''��a, permitted in Article 6-2 hereof, such payment shall constitute an acknowledqement of quilt by such person for the offense � charged and shall be deemed a complete satisfaction for such � violation, and upon accepting the prescribed penalty j assessment, the Pitkin County Sheriff, or his authorized � ' agents shall issue a receipt to the violator acknowledging ( __... _ _ _ payment thereof. ; '.''''`. ARTICLE 7 - POBTING :+�:� � �t 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 Manager and the Pitkin , County Open Space and Trails Program. � � � i i i T i , '. i , ._.. �. ,;�. � �. � . , � � . � _ . ......_......, �.rr.r...,�w--. _....... . �..-.. . �. . .. . ... . .-.�..- ..:,.. . - . . ..'. '... . . . . . . . . � � : - .. . ..t.-�"'' . y � . , . � � ��- . ,�r;��.,, . . -�}, r= `��'�r 'n�".j�eiv� t '�'1� ', r` ;`,.,� n. .h: �i�'�' � lJl ka��,5 a�.��rt i�l�l�ly ��i:yr. ar � }�. ��:..r t 4yfv N. L y+� e� �''�'S��r�r� :s"., .c{: �d,•:Y!`l v i.}.L ..,i.; r ?�.�' �"�..,'��,4L� .::] <. . . . . S-' � fl tf �� v ..�A.. . '�r`1 Y ; `C,. �'�. . . . . f !�, ' - w^J.Ht4.. .� 1�.I�,]7�. �t" �. jt..`J. � . • . � �4 �� .��; . ,,'`� yJ��'�...� . r ..�r� � ' ' , k �,:. . �. ..... ....... .�f .. :�.ry� . Y. � I.� L F � .!"'4'.� :. . �.� ��75�`��4 . � T• '� .iy- I � y x3 INTRODUCED� FIR5T READ AND SET F +lt PUB IC HEARING AT THE t"� REGULAR MEETING ON THE �'1,T�' DAY OF .v � 1993 �-`'�r •."�.. � NOTICE�UBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE �� /�'�AY OF irl/L-iw-�.�,ti/ � 1993. APPROVED AND ADOPTED FTER SECOND READING AND PUBLIC HEARING ON THE 3•��K DAY OF , 1993 I�`.;' � �,; r_.,: PUBLIS AFTE ADOPTION IN THE ASPEN TIMES ON THE 3� � DAY OF o ,l,l�i'"� . 1993. � ATTEST: BOARD OF COUNTY COMMISSIONERS i 'r OF PITKIN CO Y, COLORADO � ! ` By: � Jea tte Jones Bil Tuite, Chairman Dep ty Clerk an Recorder i�'�,_/'/� Date: / y APPROVED AS TO FORM: MANAGER APPROVAL: : �3� �--- �� !►21� Tim Whitsitt Reid Haughey _ County Att County Manager � ' i APPR S TO CONTENT: '• .___�_�:�� :;�, �� Ma Fu e ec or '�\ _ ' Open Space and Trails Program mwfdg.wp.useregs i . �. . � : ,I` � � 8 'l . , I �'' .._ ,.x .�_. ., ..',. . � . � - _ , .. .. ..,, 4, ,. ..� ._ ..�. .. . .� ...w�._..........................,�,�p�y�..�: --....v-. - .ar,:.., ._, . . . _ .�._ ...;:; � 1j 4 . �I . � , � . . . � � . . � 1 . � � - . ` . ' . � .. ' . . � � . . .- i . . . � � � . ' � . � � . . ��` - , ' . �. � , 1� . . . . . . . � . ��..r,`h' ' . . � � . . ;��'. ,