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HomeMy WebLinkAboutbocc.ord.013.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING THE 2023 ADDENDUM TO NORTH STAR NATURE PRESERVE MANAGEMENT PLAN (2020) RE: USFS WILDWOOD RECREATION MANAGEMENT AND ENFORCEMENT ORDINANCE NO. 013-2023 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, The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. WHEREAS, The Open Space and Trails Program is charged with protecting open space, habitat, scenic view planes, water rights and recreational resources. WHEREAS, The North Star Nature Preserve is one of the most significant Open Space treasures in County ownership, with multiple jurisdictions (USFS, City of Aspen, CDOT) working together to manage recreation, ensure public safety and protect natural resources. WHEREAS, On June 24, 2020 the BOCC approved the 2020 update to the North Star Nature Preserve Management Plan (previously updated in 2000 and 2015) with Ordinance No. 029-2020 (Reception #673110). The plan seeks to continue to balance growing recreational pressures with protection of the North Star Nature Preserve's ecology and wildlife. WHEREAS, the upstream Wildwood river access is part of the USFS White River National Forest and is the primary access point for recreational river use in the North Star Nature Preserve and adopting and enforcing a seamless set of regulations is critical for effective management of both non-commercial and commercial users floating the Roaring Fork River passing through and taking out on the North Star Preserve. WHEREAS, the 2020 Management Plan identifies several actions to work with the USFS to manage recreational and commercial use of the Wildwood river access and parking area. The Open Space and Trails program provides annual funding for a USFS Forest Protection Officer to patrol the Wildwood Parcel. Open Space and Trails has also made physical improvements to the Wildwood Parcel including the installation of a seasonal porta-potty/enclosure and a kiosk providing informational and regulatory signage. WHEREAS, USFS occupancy and use regulations currently prohibit many of the activities Open Space and Trails is proposing to prohibit in the 2023 Addendum. Regarding other activities Open Space and Trails is proposing to address, the USFS plans to expand its Subpart B order regulating occupancy and use on the Wildwood Parcel in 2023 to prohibit camping and parking or leaving a vehicle in violation of posted instructions, in addition to the existing order's prohibitions on glass and dogs WHEREAS, the 2023 Addendum sets forth an Action Item to work with the USFS to adopt regulations consistent with the North Star Management Plan and Title 12 and to authorize Open Space and Trails rangers to enforce adopted regulations including: • Parking or leaving a vehicle in violation of posted instructions. • Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person. • Possessing glass containers prohibited • Possessing dogs prohibited • Operating or using in or near a campsite, developed recreation site, or over an adjacent body of water without a permit, any device which produces noise, such as a radio, television, musical instrument, motor or engine in such a manner and at such a time so as to unreasonably disturb any person. • Causing public inconvenience, annoyance, or alarm by making unreasonably loud noise • Possessing or leaving refuse, debris, or litter in an exposed or unsanitary condition. • Failing to dispose of all garbage, including any paper, can, bottle, sewage, waste water or material, or rubbish either by removal from the site or area, or by depositing it into receptacles or at places provided for such purposes. • Camping Prohibited • Operating without a commercial use permit issued by Pitkin County • Violating terms of commercial use permit issued by Pitkin County WHEREAS, OST rangers include Wildwood in their daily patrols during the summer months but are currently limited to providing educational information. With enforcement capabilities at Wildwood, rangers will be able to prevent infractions from taking place on the preserve at the put - in rather than waiting until the offender enters the North Star Preserve, providing proactive rather than reactive management. WHEREAS, The BOCC finds that adoption of this Ordinance is in the best interest of the citizens of Pitkin County and is important to the preservation of the public health, safety and welfare of the citizens and therefore declares this Ordinance to be effective immediately upon adoption. Penalties: Violation of this Ordinance is a civil infraction, punishable by a fine of $100.00 for the first offense, $500.00 for the second offense, and $1000.00 for the third and subsequent offenses pursuant to C.R.S. § 30-15-402(2) and C.R.S. § 30-35-201. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts the 2023 Addendum to the North Star Nature Preserve Management Plan (2020) RE: USFS Wildwood Recreation Management and Enforcement 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 26TH DAY OF APRIL, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 10TH DAY OF MAY 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 27TH DAY OF APRIL, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 27TH DAY OF APRIL 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 10TH DAY OF MAY 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 18TH DAY OF MAY, 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 11TH DAY OF MAY, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By .a `^"I By: FVatAtit, ,)ateklr Julia Ely Francie Jacober, Chair Deputy County Clerk Date: Jun-02-2023 APPROVED AS TO FORM: MANAGER APPROVAL W p tis M a#hu, Richard Neiley III, Asst. County Phylis mattice for Jon Peacock, County Manager Attorney