HomeMy WebLinkAboutbocc.ord.047.1999 AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
ADOPTING THE CLOSURE OF SMUGGLER CUT-OFF ROAD
ORDINANCE #99-47
RECITALS
1. Vehicular access on Smuggler Cut-off Road has resulted in destruction of vegetation
and general degradation of the area and has resulted in wilderness trespass problems.
2. The County road known as Smuggler Cut-off Road provides access to forest service
lands, wilderness areas and sparse private inholdings. Misuse of the Smuggler Cut-
off Road by motor vehicles has caused conflicts with pedestrians, bicyclists and
equestrians.
3. 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
(58). "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 vehicle" 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.
4. Under state statute, a county has authority to close roads to certain types of traffic,
even roads extending to public lands, for good cause.
5. As described within the road policies, the county wishes to enhance the
pedestrian/bicyclist/equestrian experience on Smuggler Cut-off Road with the
reduction of motor vehicle usage on Smuggler Cut-off Road, thereby preserving the
wilderness-like experience for all users, and continuing public access to the public
lands.
6. The Forest Service, Division of Wildlife and the Hunter Creek Task Force along with
the Friends of Hunter Creek encourage and recommend the closure of Smuggler Cut-
off Road to vehicular use.
7. The County finds that good cause exists to close these roads to motorized vehicles.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that:
1. Smuggler Cut-off Road will be closed with no motorized vehicular access at anytime,
with the exception of property owners accessing their property. This closure is
necessary due to safety issues and environmental impacts; Hunter Creek Toll Road
will be the primary access into the Hunter Creek Valley.
2. The Board of County Commissioners has the authority to close roads under Colorado
statutory and constitutional law including, but not limited to, the provision of the
Colorado Revised Statutes, Title 30, Article 11 and 35, and Title 42, Article 4.
The following criminal enforcement and penalty provisions are adopted as part of the
ordinance:
1. Unlawful Activity: It shall be unlawful to operate a motor vehicle on the Smuggler
Cut-off Road except as provided in this ordinance.
2. Penalty: Violation of this ordinance is a Class Two Petty Offense, punishable by a
fine of$600.00 for each separate violation.
3. Criminal Enforcement: The County Engineer, the Chief Building Official, Zoning
Inspectors, the Public Works Deputy Director, 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 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. § 30-15-402(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 provisions of Colorado
Law, and the County may pursue any civil remedies authorized by law in connection
with any violation of this ordinance.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING, BY THE BOARD
AT ITS REGULAR MEETING ON THE 13th DAY OF OCTOBER 1999.
PUBLISHED, INCLUDING NOTICE OF PUBLIC HEARING, IN THE ASPEN TIMES
ON THE 9th DAY OF OCTOBER , 1999, AND NOTICE OF PUBLIC HEARING
ONLY ON THE 16th DAY OF OCTOBER , 1999.
APPROVED AND ADOPTED UPON SECOND READING AND AFTER A DULY-
NOTICED PUBLIC HEARING BY A MAJORITY OF THE BOARD AT ITS
REGULAR MEETING ON THE 27th DAY OF OCTOBER ' 1999.
PUBLISHED, BY TITLE ONLY, AFTER ADOPTION IN THE ASPEN TIMES ON
THE 3rd DAY OF MARCH 2O00.
BOARD OF COUNTY COMMISSIONERS
O ITKIN OUNTY, COLORADO AT ES
By
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Leslie Lam (Date) anette Jones (Date)
Chair eputy Clear Recorder
AP ED O CONTENT: APPROVED AS TO FORM:
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Brian Pettet John I
lr_/Deputy Director of Public Works County Attorney
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Bud Eylar L7 (�ji
County Engi eer Su7a Konch
Coun Manager
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