HomeMy WebLinkAboutbocc.ord.008.2020AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, AMENDING TITLE 12, (OPEN SPACE AND TRAILS)
SECTIONS 12.04.030 AND 12.04.110 OF THE PITKIN COUNTY CODE
ORDINANCE NO. Q� � -2020
RECITALS
WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of
Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for
carrying into effect or discharging the powers and duties conferred upon such counties by law
and as seems necessary, and
WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is
authorized to take official action by Ordinance for certain matters where action is prescribed
pursuant to the Colorado Revised Statutes as amended, and
WHEREAS, Pursuant to Resolution No. 093-1990, the Board of County Commissioners
approved placing a question on the ballot, which the electorate ultimately approved, authorizing
an amendment to the Home Rule Charter to establish an Open Space and Trails Board and to
enact permanent protections for open space lands and recreational trails.
WHEREAS, The preservation of open space is one of the highest priorities for Pitkin County,
WHEREAS, Public uses on open space lands and trails require careful management to ensure
optimal mitigation of impacts on the lands and public safety.
WHEREAS, Regulations contained in Title 12 of the County Code promote sustainable and safe
use of Open Space and Trails managed trails, open space, easements, and resources.
WHEREAS, Pitkin County Open Space and Trails has reviewed Title 12 of the County Code and
recommended revisions to address compliance on OST property, establish a graduated fine
schedule, and provide for more effective code enforcement.
WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens
of Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Ordinance Amending Title 12 (Open Space and
Trails) Sections 12.04.030 and Section 12.04.110 of the Pitkin County Code, Attached hereto as
Exhibit A, and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the
satisfaction of the County Attorney as to form, execute any other associated documents
necessary to complete this matter.
INTRODUCED AND FIRST READ ON THE moo" DAY OF r,.r,�rve, I , 2020 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE Ila- DA OF
N t' ,r CA. 2020.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
OANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ' DAY OF
�y' y - , 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com_) ON THE
DAY OF 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY
OF r_. _ _ 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE J_eA DAY OF _[�,r�� , 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www. itkincoun .com) ON THE 1,9-4 DAY OF Mir dk- , 2020.
ATTEST:
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Aa4nR& �OInI,S
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
5dA,, Q7
John Ely, County Attorney
BOARD OF COUNTY COMMISSIONERS
GW
By:
Steven F. Child, Chair
Date:
MANAGER APPROVAL
Pf 4s M.a# U-
Phylis Mattice for Jon Peacock, County Manager
12.04.030 Rules Regarding Public Use of Pitkin County Open Space and Trails Properties.
The following restrictions apply to all open space and trails properties owned in fee simple by
Pitkin County. These restrictions also apply where public access is provided in trail and
conservation easements, licenses, leases, and any other property interest held by Pitkin County,
as provided or superseded by the specific terms of the property interest agreement in question.
Nothing contained herein limits or otherwise modifies rights reserved to the owner of fee simple
property subject to a conservation or trail easement held by Pitkin County.
A. Motorized vehicles.
1. Motorized Vehicles Restricted. Motorized vehicles are restricted to parking areas,
driveways and other areas specifically posted for motor vehicle occupancy. No motorized
vehicles whatsoever, including automobiles, trucks, farm or agricultural vehicles,
motorcycles, motorbikes, motor scooters, go-carts, snowmobiles, mopeds, class 2 and 3
electric bicycles, other electrically -driven devices or all -terrain vehicles will be allowed
on any county trail at any time. The penalties for violation of 12.04.030 (A) are provided
in 12.04.110. The following vehicles and uses are exempted from this prohibition:
a. County maintenance vehicles, ambulance, law enforcement, fire or other
emergency vehicles will be allowed to enter onto county open space and trails in
the course of carrying out their normal duties.
b. Snowmobiles or snowcats may be allowed onto county trails to set cross-country
ski tracks or to otherwise install or maintain Nordic trails with approval of the
Open Space and Trails department.
c. Construction or maintenance vehicles owned and operated by private contractors
may enter onto county trails, subject to specific permission as set forth in the
Asset Management Plan Section 6.02, as may be amended from time to time.
d. 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.
e. Class 1 electric bicycles, also known as ebikes, are allowed on hard surface and
crusherfine surface trails. Hard surface is defined as asphalt and/or concrete trails.
Crusherfine surface is defined as crushed gravel and/or rocks.
£ Use of mobility devices by persons with mobility impairments as provided in the
Other Power Driven Mobility Device Management Plan adopted August 23, 2011,
as may be amended from time to time.
2. Vehicles must be parked only in designated areas, and/or in compliance with all posted
parking signs.
Only persons with a disability may park in spaces designated for persons with disabilities.
A license plate or placard obtained pursuant to 42-3-121. C.R.S., as amended, or
otherwise authorized by 42-4-1208 (4), C.R.S., as amended, shall be displayed at all
times while vehicle is parked in such a space.
4. It shall be unlawful to park in a manner that impedes access or use of any OST asset or
the safe flow of traffic.
5. Any vehicle found in violation of 12.04.030 (A) may be subject to towing or
impoundment at the expense of the owner.
B. Allowed Uses. Bicycles, pedestrians, horses, skates, skateboards, skis, snowshoes, non -
motorized scooters, wheelchairs, and baby strollers are allowed on designated trails and routes at
all times unless specifically prohibited and posted otherwise. All trail users will travel at safe
speeds at all times with a maximum speed limit of 20 miles per hour unless otherwise posted.
C. Equestrian Use. 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.
D. 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. Hikers/bikers moving downhill must yield to
hikers/bikers moving uphill.
1. Passing on Natural Surface Trails: At no less than fifteen (15) feet of approaching other
trail users from any direction, slow to a speed comparable to the trail user being passed,
communicate and gain their attention. Pass safely, single file and when oncoming traffic is
clear. Stop when necessary to allow safe passage.
2. Passing on Paved Trails: When passing other trail users from behind, slow to a safe
speed, communicate and gain the attention of the user being passed. Pass safely, single
file, at a safe distance (no less than 2 feet) and on the left when oncoming traffic is clear.
Stop when necessary to allow safe passage.
3. Attentiveness on Trails. Trail users must listen for and be aware of other trail users and
yield appropriately. Earphones, ear buds or any personal audio device must be kept at an
appropriate level to hear approaching trail users.
4. 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 roads will be
posted with informational signs designating intersections.
E. Trespass Prohibited. It is prohibited to trespass from trails onto adjacent private lands.
F. Closed Areas. Entry onto or use of Open Space lands posted as closed is prohibited. Trails
and lands may be subject to seasonal, temporary or emergency closures and the use of such when
so posted shall constitute a trespass.
G. Camping Prohibited. Overnight camping is prohibited on Open Space and Trails properties.
H. Dogs. Dogs must be leashed at all times, with a leash extended no greater than 6 feet in
length. A single person may walk no more than three dogs. Those persons attending dogs on
trails must always carry a receptacle, such as a plastic bag, for removal of excrement. Dog waste
must be immediately picked up and either carried until off the Open Space property or disposed
of in a trash receptacle by owners or guardians. Leaving the scene of the waste is considered a
failure to remove the waste. A pet owner's or guardian's lack of knowledge of the location of
the pet's excrement is also considered a failure to remove the waste. Trails will be posted if dogs
are prohibited. Trails may be closed to dogs pursuant to a management plan adopted pursuant to
Section 12.04.060 or by action of the Open Space and Trails Board.
I. Domestic Animals Other Than Dogs. Domestic animals are prohibited on Open Space
properties except Horses and pack animals such as Llamas, Burros and the like, or where
specifically permitted pursuant to an agricultural lease, or for land management purposes
authorized by the county. Such animals must be under control at all times. 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.
J. Commercial Activities and Special Events Limited. Commercial activities are those for
which a fee is charged for any person to undertake an activity, including but not limited to
guiding, training, instructing, or outfitting, where the entity charging the fee also provides
personnel during the activity itself Commercial activities and Special Events are prohibited on
any Open Space land except when specifically authorized pursuant to applicable laws, as noted
herein; commercial activities and Special Events that occur entirely within an Open Space
property may be approved by the Open Space director or his/her designee pursuant to Section
12.04.075. Commercial activities and Special Events that occur on both Open Space properties
and other county -owned property or roads require a special review use approval from the county,
subject to Pitkin County Land Use Code section 4-30-40(q). Special Events or Special Event
shall have the same meaning as provided in Pitkin County Code, Title 8 Chapter 11.
K. Hunting. All Open Space and Trails properties are closed to hunting unless authorized
pursuant to a management plan adopted pursuant to Section 12.04.060 in accordance with other
applicable laws.
L. Fishing Restricted. Fishing is permitted according to the regulations of Colorado Parks and
Wildlife, except where otherwise posted and prohibited in a management plan enacted pursuant
to Section 12.04.060. A valid fishing license is required.
M. Firearms. It is forbidden to discharge firearms or projectile weapons on any Open Space or
Trails property unless hunting is specifically authorized by the Open Space and Trails Board in a
management plan and in accordance with other applicable laws. The intent is not to supersede
Colorado Revised Statutes Article 12 of Title IS.
N. 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. No person shall remain in any pedestrian
underpass, or at or within 200 feet of the entrance for a period longer than is reasonably
necessary to move through the underpass.
0. Fires Prohibited. Fires are prohibited at any location and at all times, except where
explicitly allowed in a Management Plan, or for management purposes as authorized by the
director of Open Space and Trails, and/or for irrigation ditch maintenance, and in accordance
with all other applicable laws. Gas grills may be permitted by special use permit only. Charcoal
grills are prohibited due to the fire hazard and difficulty of disposal. It shall be unlawful to
violate the conditions of any imposed fire restrictions or fire ban.
P. Specified Hazardous Activities Prohibited. Hazardous activities which might constitute or
contribute to a hazard to the safety of any person are prohibited on Open Space and Trails
properties except where allowed in a management plan. Prohibited activities include, but are not
limited to, use of fireworks or other explosives, use of remote-controlled craft or drones, and
launching of missiles. Exceptions or additions to these restrictions may be made in specific
locations or circumstances pursuant to a management plan or special use review under Section
12.04.070 and posted accordingly.
Q. Non -motorized Aircraft Restricted. Hang-gliding or operation of any motorized or non -
motorized aircraft, glider, parachute, paraglider or balloon for landing or take -off is prohibited
except pursuant to an adopted management plan and/or valid special use permit pursuant
applicable sections of the Pitkin County Code.
R. Boating Restricted. Boat launching is limited to sites designated for that purpose. Man-
made structures for boating such as access ramps, docks, kayak courses or buoys are prohibited
except in locations specifically authorized by a management plan enacted pursuant to Article 4.5,
or pursuant to a special use review under Section 12.04.070.
S. Resource Protection. Vandalism, property damage or removal of resources or facilities is
prohibited on any Open Space or Trails property. It is unlawful to alter, move, 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. It shall be unlawful to install or
replace rock bolts or other fixtures, plant trees or any other type of landscape material, or alter
nordic trails, or establish or construct trails or other facilities for public or private use without
written approval from the Pitkin County Open Space and Trails Department. Geocaching shall be
unlawful unless the person placing or searching the cache first registers the cache with the Open
Space and Trails Department to ensure compliance with existing regulations, closures, and
management plans. Travel off designated trails by bicycle or other mechanized means is
prohibited at all times.
T. 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 hunting authorized by the Open Space and Trails Board in a management plan and
in accordance with other applicable laws, and fishing (See paragraphs K -L, 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 as authorized by the director of Open Space and
Trails.
U. Littering and Waste Disposal Prohibited. Any disposal, depositing or abandonment of
trash, garbage, litter, waste paper, waste food products, human or animal wastes, garden waste,
landscape waste, 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.
V. Structures, Storage of Materials, and Notices Prohibited. Construction of any kind not
specifically authorized by Pitkin County Open Space and Trails 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, storage
of items, fencing or clearing of vegetation.
W. Interference Prohibited. It shall be unlawful to interfere or attempt to interfere with any
Pitkin County Ranger or other Open Space employee who is acting in the performance of his or
her duties on Open Space or to give false or misleading information with the intent to mislead
said person in the performance of his or her duties.
X. Glass Containers. It shall be unlawful for any person to carry or possess, outside of an
enclosed vehicle, any glass bottle or other glass container within any Pitkin County Open Space
and Trails area, except as might be required for prescribed medical treatment.
12.04.110: VIOLATIONS, ENFORCEMENT AND PENALTIES
A. Unlawful Activity. It shall be unlawful to engage in any activity that is in violation of
Article 2 or Article 3 of this code.
Penalty. Violation of this code is a class 2 petty offense, punishable by a fine of $100.00 for
the first offense, $500.00 for the second offense, $1000.00 for the third and subsequent
offenses except as provided below:
Dog -related assessments:
First Offense: $100.00
Second Offense: $250.00
Third Offense: $500.00
Subsequent Offenses: $1000.00
Firearms, interference, littering, and fire -related assessments:
First Offense: $250.00
Second Offense: $500.00
Subsequent Offenses: $1000.00
Parking assessments for violation of subsection (A) of 12.04.030, Rule 2 and 4:
First Offense: $50.00
Subsequent Offense: $100.00
Parking assessments for violation of subsection (A) of 12.04.030, Rule 3:
First Offense: $250.00
Second Offense: $500.00
Subsequent Offenses: $1000.00
Assessments for violation of any provision of a special use permit, commercial use
permit, or right of way permit, issued by any Pitkin County department for use of an
Open Space and Trails property, or the failure to obtain such permits when required:
First and Subsequent Offenses: Up to $1000.00
Hunting and resource damage -related assessments:
First and Subsequent Offenses: Up to $1000.00
B. Criminal Enforcement. The director of Pitkin County Open Space and Trails, assistant
director of Open Space and Trails, Open Space and Trails rangers, Pitkin County code
enforcement officer, the Pitkin County Community Development director, Pitkin County
engineer, 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 code, or may enforce the
provisions of this code 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 as set forth in 313, and such assessment shall also include a surcharge
required by C.R.S. Section 30-15-402(2). A person who violates this code three (3) or more
times in the space of one (1) year shall be subject to imprisonment for no more than ninety
days per offense pursuant to C.R.S. 30-35-201 C.R.S. and Article 12 of the Pitkin County
Home Rule Charter. Each occurrence shall constitute a separate offense.
C. QM) Enforcement in the event of any activity in violation of this code, 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 open space 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. (Ord. 01-
4 (part): Ord. 93-25 (pari): Ord. 30-05 (repealed and re-enacted) prior code Title IX