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Home My WebLink Aboutbocc.ord.044.1996 40157G� �Z. 02/06/1997 Q�2:07P FG 1 OF 9 RrC UOC NOT � SILVIA DqVIS PITKIN COUNTY G�ERfi 8 RECORD�R �.0� , �.. ORDINANCE OF THE PITKIN COl1NTY ' - BOARD�F COMMtSS10NER5 ;: .�, �ONCERNING ' 1• RESTRICTIONS TO VEHICUCAR TRAFFIC r Y r IN HUNTER CREEK � Ordinance#96-44 RECITALS �!,`` .::.Y. :. 1. The Hunter Creek Valley has experienced a significant increase in vehicular - use over the past five years, resulting in destruction of vegetation and general ' " degradation of the area. Nunters have had motor vehicle access on these roads for • ' years and their continued uses of the area is necessary for wildlife management. The impact from vehicular use by hunters has not been as destructive as the impact . from generel motor vehicle use over the past five years, and the impacY from hunters'use is outweighed by the benefit to wildlife management. 6�, 2. The County now has primary operational jurisdiction over afl public roads in , the Hunter Creek Valley under the Memorandum of Understanding for the Development and Operation of the Road System Jointly Operated by the Forest ( Service and the County, as amended earlier this year. The Forest Service supports � the road closure to help implement the White River National Forest Land and Resources Plan direction to emphasize non-motor vehicle recreational activities in # that area. i�,`_ 3. The public roads leading into the Hunter Creek Vailey, known as the old ' Hunter Creek Toll Road(north road)and the Smuggler Cut-off Road,provide access to forest service lands,wilderness areas and sparse private inhofdings. Overuse of the roads by motor vehicles have caused an increase in conflicts with pedestrians, s, bikers and equestrians. . � 4. A fence and a gate have existed at or near the current location of the gate on the Hunter Creek Toll Road at the United States Forest Service/McCloskey boundary at least since 1970 for the purpose of preventing cattle grazing the public lands from entering adjacent private property. 5. Under state statutes, a "motorized vehicle" is defined as any self-propelled vehicle which is designed primarily for travel on the public highways,C.R.S. § 42- • 1-102 t58). "Vehicle" is further defined in C.R.S. § 42-1-102 (112) as any device which is capable of moving itself or of being moved, from place to place upon - wheels or endless tracks. For purposes of this ordinance, "motorized vehicles"shall be given a broad interpretation and shall include but is not limited to,snowmobiles, motorcycles,all terrain vehicles,tractors,three-wheelers and four-wheelers. : i : . , , ,. �Y ' --• � :� . ♦ Ordinance#9G-� ��'`� � Page 2 , ' 6. Under state statutes,a county has[he authority to close roads to certain types � of traffic,even roads extending to pubiic lands,for good cause. �. 7. Excessive vehicular use of these roads,which are maintained at low service levels by the County, is contrary to policies adopted regarding remote, primitive access roads and can cause significant environmental damage. 8. As described within the road policies, the County wishes to enhance the pedestrian/bikedequestrian experience in Yhe Hunter Creek VaNey with the reduction of motor vehicle usage on the roads, thereby preserving the wilderness- like experience for a(I users,and continuing public access to the public lands. g. The Friends of Hunter Creek encourage and recommends the ciosure of these roads to vehicular use. 10. The County finds that good cause exists to close these roads to motor vehicles. NOW, TH£REFORE, BE IT ORDAlNED BY THE PITKIN COUNTY BOARD OF COMMISSIONERS that, a) The Hunter Creek Tol!Road eastward from the Boundary 6etween McCloskey and the Forest Service and the Smuggler Cut Off Road are closed to motor vehicle traffic except as provided herein. b) The Public Works department wil)close the existing gates located on the , Hunter Creek Toli Road at the boundary of the national Forest and on Smuggler Cut- off Road near the Benedict property. These public roads will also be signed and posted at that point to preverit motor vehicle access with the ex�eption of inholders, Forest Service permittees,,emergency access vehicles,vehicles required to access the Red Mountain Communication Site,Forest Service,State Of Colorado and County vehicles for administrative or emergency purposes. c) The County will permit inholders to install an electronic gate at their expense,in accordance with plans and specifications to be submitted to and , approved by the County Engineer. Such plans shall include provision for access by all other vehicu►ar uses autharized by this Ordinance. d) Said road closure will be in effect at all times except for licensed hunters actively scoping, pursuing or retrieving game during tfie Department of Wildlife big game hunting seasons and the seven days immediately preceding and following those seasons.The signage limiting vehicular traffic wilf remain in place at all times. e) The Public Works department shall initiate a citizens task force to discuss access options in the Hunter Creek Valley and report back to the Board with _ 401570 02/0G/1997 02:07P PG 2 Of 4 � },, : .. , �!\'�, . 4 -. , c � �;;';; ,,� Ordinance#96-� r � ' Page 3 - ..;: recommendations prior to the summer of 1997. The Public Works department shail , _, also report back on the effectiveness of the gates and signage to exclude �. ti, unauthorized motor vehicle access. � � +. . f} Enforcement 1. Unlawfu(activitv It shall be unlawful to operate a motor vehicle -" on the Hunter Creek Toit Road or the Smuggler Cut Off except as provided in this ordinance. `'Y 2. Penaltv Violation of this ordinance is a Cfass Two Petty Offense, � � " punishable by a Fine of$600.00 for each separate violation. � 3. �riminal EnforcPment The County Engineer, the Chief Building y Official,Zoning inspedors,the County Road and Bridge Superintendent, the Public Works Director, the County Road and Bridge Construction Inspector, 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 a summons and complaint in ,•. accordance with County Court procedures. In the event the penalty assessment � procedure is followed,the penalty shall be$600.00,and such assessment shall also include a$10.00 surcharge required by C.R.S.§30-15-4�2(2). 4. In addition to or in lieu of the enforcement procedures set forth in sub-section 3 above, this ordinance may be enforced in accordance with the k�'= provisions of Cotorado Law, and the County may pursue any civil remedies � authorized by law in con�ection with any violation of this ordinance. INTRODUCED, FIRST READ, AND SET FOR PUBtIC HEARING ON THE 28th DAY Of AUGUST,1946. NOTICE OF PUBLIC HEARWG PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMFS ON 7th DAY OF SEPTEMBER,1996. CONTINUED PUBLIC HEAR�NG ON THE 25th DAY OF SEPTEMBER,7996. APPROVED UPON SECOND READING AND PUBLiC HEARING ON THF 23RD DAY OF OCTOBER,1996. PUBLISHED AfTER ADOPTION IiJ THE WEFKEND fDIT(ON OF THE ASPElJ TIMES ON . THE 2nd DAY OF NOVEMBER,1996. 401570 02/06/1997 02:07P PG 3 ❑F 4 I l " y �• .� ; .,. a .� -:;;� ,,� - .. Orde�nce#9G� ��y��,i;, g r �'��.,: �;r ' �y'�°.�'. ATTE T: $OARD OF COUNTY COMMISSIONERS ?'� `- . 1 � OF PITKIN COUNTY,COLORADO f•��: �,, 1, Y�. •,. � 1.C��c� ;_,�,�.�—�' ! �-,_..-�._ � �eank e)ones, ? es R.True,Chairman j�_� �%G� i:` rJ �.-�r. �. .- �:.r c.�..`�: APPROVED AS TO FORM MANAGER APPROVAL �"� . . o�---- � w'`{ Y�YiC1 � )oh Ely,County Attorney Suz e Konc n,County Manager RECOMIvtENDED FOR APPROVAL k�. ��C��.i� Y /�/9� �.�: � Brian Pettet, Road&Bridge Supervisor ( � { I/ordrc2.ord � � . � �'X f i 401570 02/06/1997 02:07P PG 4 OF 4 � �- f •.';;:'' � . . . '?t lF`"' . 4 � I a 1^:: , , • "=.I