HomeMy WebLinkAboutbocc.ord.027.2018 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,AMENDING TITLE 12 OF THE COUNTY CODE
REGARDING PUBLIC USE OF PITKIN COUNTY OPEN SPACE AND TRAILS TO
PERMIT THE USE OF CLASS 1 ELECTRICAL ASSISTED BICYCLES ON PITKIN
COUNTY PAVED/HARD SURFACE TRAILS
ORDINANCE NO. 01 2018
RECITALS:
I. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners of Pitkin County,
Colorado ("BOCC), 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.
2. Pursuant to Section 2.8 I of the Home Rule Charter t"HRC"), the BOCC is authorized to
take official action by Ordinance for certain matters where action is prescribed pursuant
to the Colorado Revised Statues as amended.
3. Public uses on open space lands and trails require careful management to ensure optimal
mitigation of impacts on the lands and public safety.
I. Regulations contained in Title 12 of the County Code promote sustainable and safe use of
trails and open space.
5. Electric hikes ("ebikes"I are now recognized as a bicycle and not motorized vehicle in the
State of Colorado.
6. Pitkin County Open Space and Traits conducted a public survey on the use of electric
bikes and there was strong support for allowing Class I electric hikes
7. The Open Space and Trails Board recommended the adoption of this amendment to allow
class I electric hikes on Pitkin County paved/bard surface trails on May 3,2018.
S. The Open Space and Trails Board recommends amending the allowed uses to increase
the safety of trails by adding a maximum speed limit.
9. 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 amendment to Title 12, Section 12.40.030 Title 12 of
the Pitkin County Code regarding public use of Pitkin County Open Space and Trails, as set forth
in Exhibit 1 attached hereto and incorporated by reference, permitting the use of class I
electrical assisted bicycles on Pitkin County paved/hard surface trails 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 9'h DAY OF MAY, 2018 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 2?rd DAY OF MAY, 2018
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /Du" DAY OF
Irt , 2_018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (sass pitkincounty.com ) ON THE
jOrik_DAY OF YYV e.f. 2018.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 93 DAY
OF rn " ' 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE $144 DAY OF PA -• . 2018.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (ssww.pnkmcounty.com ) ON THE 5-, DAY OF rn , 2018.
ATTEST: Th BOARD OF COUNTY COMMISSIONERS
By AAA ft ' i (P) By: 1 ', Yate-G.
Jean-11(e Jones Patti Clapper, Chair
Dep 1 County Clerk
1 Date. 5(1 0' 7A/
APPROVED AS TO FORM' MANAGER APPROVAL
�2-
John EI3c Cqunty-Attorney Jon Peacock, County Manager
/),.v f /auk .
Gary Tennenhaum, )irector
Open Space & Trails
the Chair's designee to sign the Ordinance and,upon the satisfaction of the County Attorney as
to login,execute any other associated documents necessary to complete this natter
INTRODUCED AND FIRST READ ON THE 9°DAY OF MAY,2018 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 23°DAY OF MAY,2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OFT E
RE OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF
,2018.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE(www pnkmcountYcom)ON THE
/01'k DAY OF 'PA ct, 2018
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE g3 DAY
OF IX 'a- 2018.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 31^k DAY OF 1Yl , 2018
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(w aw.nitkincounty.com)ON THE`} DAY OF Ill e...-y , 2018
ATTEST. BOARD OF COUNTY COMMISSIONERS
By . .Il '.t i VI) By. 1 a : 661121
Jean- a Jones Patti Clapper,Chair
Dep y County Clerk
Date: b4 - a0, 21018/
APPROVED AS TO FORM. MANAGER APPROVAL
John yy. 'minty-Attorney Jon Peacock,County Manager
l
Gary Tennenbaum,Director
Open Space&Trails
EXHIBIT 1 TO ORDINANCE - 2018
Existing section 12.40.030 is repealed and the following language is adopted as section
12 40.030 of the Pitkin County Code.
12.40.030 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 held by Pitkin County. unless superseded by the specific terms of the
easement 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 Motorized Vehicles Restricted Motorized vehicles are restricted to
parking areas, driveways and other areas specifically posted for motor vehicle occupancy
Parking in any posted "no parking" area is prohibited. The exception to this shall he county or
other maintenance or construction vehicles specifically authorized for access pursuant to the
Asset Management Plan Section 6, emergency vehicles acting in the line of duty, or private
vehicles specifically authorized under Section 2-4 or Article 3 or authorized by previous written
access easement. 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,e bikes, electrically assisted bicycles or all-terrain vehicles will he
allowed on any county trail at any time. The following vehicles and uses are exempted from this
prohibition:
1 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.
2. Snowmobiles or snowcats may he 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.
3. 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.
4. 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.
5 Class I electric bicycles, also known as ehikes, 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.
6 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 tion time to time.
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.
I 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 he aware of other trail users and
yield appropriately. Earphones, car buds or any personal audio device must he 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 he subject to seasonal 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 hag, for removal of excrement. Dog waste
must he 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 he 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 paints
must he closed in areas where livestock is permitted.
J.Commercial Activities Limited. Commercial activities arc 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 are prohibited on any Open Space land except when specifically
authorized pursuant to applicable laws, as noted herein; commercial activities 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 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).
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 othet
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 12.04.050. A valid fishing license is required.
M. Firearms. his 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 lass s. The intent is not to supersede
Colorado Revised Statues Article 12 of Title 18.
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.
O. Fires Prohibited. Fires are prohibited at any location and at all times, except where
explicitly allowed in a Management Plan,or for management proposes as authorized by the
director of Open Space and Trails, and/or for irrigation ditch maintenance, and in accordance
ith 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.
P. Specified Hazardous Activities Prohibited. Hazardous activities which might constitute or
contribute to a hazard to the safety of any person am prohibited on Open Space and Trails
properties except where allowed in a management plan. Prohibited activities include, hut 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 he 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 motonzed or non-
motorized aircraft, glider, parachute, paraglider or balloon for landing or take-off is prohibited
except pursuant to valid special use permit pursuant applicable sections of the Pitkm 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, gale, furniture, vegetation,
rock, or any object of scientific or historic value or interest. It shall he 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. Geocachmg shall he
unlawful unless the person placing or searching the cache first registers tate 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, hauning, 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