HomeMy WebLinkAboutbocc.ord.025.2017 EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, PROHIBITING ELECTRIC BIKES ON
PITKIN COUNTY TRAILS
ORDINANCE NO. 095 , 2017
RECITALS:
1. Pursuant to Section 2 8.5 of the HRC the Board is authorized to apprm e emergency
ordinances for the protection of public health and safety Such ordinances become
effective immediately upon an affirmative vote of the County Commission
("BOCC") subject to confirmation at a subsequent, noticed public hcanng.
2. Pitkin County has constructed and maintains numerous bike or pedestrian paths for
non-motorized uses, including hiking, biking, and equestrian uses.
3 The State of Colorado General Assembly has legislatively established three classes
of motor assisted bicycles Class l Electrical Assisted Bicycle means an electrical
assisted bicycle equipped with a motor that provides assistance only when the nder
is pedaling and that ceases to provide assistance when the bicycle reaches a speed of
twenty(20)miles per hour, and
4. Class 2 Electrical Assisted Bicycle mean and electrical assisted bicycle equipped
with a motor that provides assistance regardless of whether the rider is pedaling but
ceases to provide assistance when the bicycle reaches a speed of twenty(20) miles
per hour; and
5 Class 3 Electrical Assisted Bicycle means an electrical assisted bicycle equipped
with a motor that provides assistance when the rider is pedaling and that ceases to
provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per
hour.
6 Pursuant to Colorado Revised Statues, 42-4-1412, Section 5, Part 14(a)(11): A local
Authority may prohibit the Operation of a Class 1 or Class 2 Electrical Assisted
Bicycle on a bike or pedestrian path under its junsdiction; and
7. Pursuant to Colorado Revised Statues,42-4-1412, Section 5, Part 14(b): A person
shall not ride a Class 3 Electrical Assisted Bicycle on a bike or pedestrian path
unless. (I) The path is within a street or highway; or(II) The Local Authority
permits the Operation of a Class 3 Electrical Assisted Bicycle on a path under its
jurisdiction.
8 The BOCC has determined, that without further analysis, Class 1, 2, and 3 Electrical
Assisted Bicycles are a safety hazard for pedestrians, cyclists, and equestrians due to
their speed and mass.
9. The BOCC intends to coordinate with other Roaring Fork Valley jurisdictions to
evaluate any use of Electrical Assisted Bicycles on trails and paths within Pitkin
County
10. The 13OCC finds that the prohibition of the use of Class I, 2, and 3 Electric Assisted
Bicycles as a mode of transportation on any trail or path within Pitkin County is
necessary lbr the immediate presentation of the public health, safely and welfare
pursuant to the Home Rule Charter Section 2.8 5
NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that the use of class I, 2 and 3 electric assisted bicycles is
prohibited on all Pitkin County trails and paths and that the Chair or designee is authorized
to sign this Ordinance upon the satisfaction of the County Attorney as to form, and to
execute any other associated documents necessary to complete this matter. The BOCC
further ordains that this prohibition shall not affect existing trail management plans that
have been adopted by the Pitkin County Open Space and Trails Board pertaining to other
power-driven mobility devises and in particular the existing OPDMD (Other Power Driven
Mobility Devises flan). The OPDMD Plan authorizes the use of class 1 electric assist
bicycles on all paved trails in Pitkin County as well as the East of Aspen Trail for
individuals who arc mobility impaired. The prohibition established hereby shall expire
without further action on May 1, 2018 and shall not restrict in any manner use of electric
assisted bicycles on private property not otherwise owned or managed by Pitkin County,
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY ORDINANCE ON THE
9.3'6 DAY OF 0ups F- 2017 AND SET FOK CONFIRMATORY PUBLIC
HEARING ON THE_."/ DAY OF.-4/tf-s(fit✓ , 2017.
NOTICE 01- CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY ORDINANCE PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE 3f4DAY OF /kite/ I 2017.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF Tl IL
EMERGENCY ORDINANCE POSTED ON 1 HE OFFICIAL ?WON COUNTY
WE9SITE www pitkinenunty cum ON THE 2/'-r DAY OF t!si,Gs ff 2017.
CONFIRMED AT API IBLWC HEARING ON THE fart' DAY OEJ!?7Twt+-b.e ✓
2017. ✓
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFLRM4TORY
PIC HEARING. IN THE ASPEN TIMES WEEKLY ON THE 24/6.1- DAY OF
r, 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pnkincounty.com ON THE/544- DAY OF_ )..ep 4,,,“hde 2017.
ATT, T: BOARD OF COUNTY COMMISSIONERS
By 2 VA-II
Jean tte Jones George Ne% man, i hair
De. ty County Clerk I
Date: c;,11--_7
APPROVED AS TO FORM MANAGER APPROVAL
Richard Y. Neiley III Jon Pecos ck, ounty Manager
Assistant County Attorney