HomeMy WebLinkAboutbocc.ord.030.2005AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
REPEALING ARTICLES 1,2, AND 4-7 OF TITI.F. SII OF THE PITKIN
COUNTY CODE AND KE -ENACTING OPEN SPACE AND TRAILS
REGULATIONS
ORDINANCE # r% 3G ,SERIES OF 2005
1. As of August of ?005, Pitkin County has acquired over 12,000 acres of Open Space
Properties, including over 2000 acres of lands owned outright, approximately 10,000
acres held as conservation easements, and over 35 miles of trails.
2. Pitkin County has established an Open Space and Trails Board of Trustees to
consult with the County Commissioners on open space and trails acquisition and
development decisions and has established an Open Space and Trails Program to carry
out open space and trails programs and policies.
3. It is necessary and appropriate for public safety and the general welfare of open
space and trails users that County Open Space and Trails Properties, both those acquired
prior to and after the establishment of the Open Space and Trails Program, be managed,
regulated, maintained and utilized according to a consistent, comprehensive, and clearly -
understood set of rules, restrictions, and use standards.
4. Since the enactment of the existing standards, the Open Space Department has added
a full time Rangel- and a seasonal Ranger to the staff, and practice has shown the need to
refine the current code.
5. Provisions regarding permitting of commercial uses are contained in Article 3 of
Title 12, and will not be amended by this Ordinance.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado, that Articles 1,2 and 4-7 of Title XII of the Pitkin County
Code are hereby repealed and the following new Articles 1, 2 and 4-7 of Title XII are
enacted in their place:
ARTICLE 1 — DESIGNATION OF OPEN SPACE AND TRAILS PROPERTIES
1-1 ACQUISITION OF OPEN SPACE AND TRAILS PROPERTIES
The trails, trailhead parking lots, open spaces and attendant facilities and
structures that are named as Open Space or Trails through Resolution oi-
Ordinance of the Pitkin County Board of Commissioners are declared to be Pitkin
County Trails and Open Space Properties; and further, that properties acquired by
funds designated for the Open Space and Trails Program are declared to be Pitkin
County Open Space and Trails Properties, and further, that properties may be
added to or deleted from the inventory of Pitkin County Trails and Open Space
Properties according to applicable statutes, including, but not limited to, Article
13, section 5.3 of the Pitkin County Home Rule Charter and by Ordinance or
Resolution of the Board of County Commissioners.
1-2 DESIGNATION OF OPEN SPACE AND TRAILS FACILITIES
Open Space and Trails properties and facilities will be identified by specific
action of the Board of County Commissioners, through Ordinance or Resolution,
identifying open space and trails facilities as such. Such facilities will include,
but not be limited to, County owned and maintained trails, trailheads, parking
areas, signs, mining claims, open spaces, parks, river access points for boating or
fishing purposes, fishing easements, bridges, wildlife areas, and easements
obtained for the purposes of wildlife habitat preservation, scenic preservation,
agriculture, access to public lands or for other purposes identified by the County.
As otherwise set forth in Article 13 of the Pitkin County Home Rule Charter,
Section 1.3, Open Space and Trails fiends are not available for maintenance or
management purposes for those County properties not either purchased with Open
Space Funds or designated to the Open Space and Trails program pursuant to this
Article. Non -designated properties otherwise owned by Pitkin County shall be
managed by the General Fund through the Asset Management Division.
ARTICLE 2 — RULES AND REGULATIONS
2-I RESTRICTIONS ON TRAIL USE
The following restrictions apply to all trails owned in fee simple by the Pitkin County,
and to all trail easements except where such restrictions are limited by the express terms
of the trail easement.
2-1.1 Motorized vehicles restricted. No motorized vehicles whatsoever,
including automobiles, trucks, farm or agricultural vehicles, motorcycles,
motorbikes, motor scooters, go-carts, snowmobiles, motorized bicycles, mopeds
or all -terrain vehicles will be allowed on any county trail at any bine. The
following vehicles and uses are exempted from this prohibition:
2-1.Ia. County maintenance vehicles, ambulance, law enforcement, fire or
other emergency vehicles will be allowed to enter onto County trails in the
course of carrying out their normal duties.
I b. Snowmobiles or snowcats maybe allowed onto County trails to set
cross-country ski tracks or to otherwise install or maintain Nordic trails
with approval of the Open Space Land Steward.
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2- 1. 1 c. Construction or maintenance vehicles owned and operated by
private contractors may enter onto County trails subject to specific
permission as set forth in Section 6.02 of the Asset Management Plan as
maybe amended from time to time.
2-1.1d. 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.
2-1.2 Allowed Uses. Bicycles, pedestrians, skates, skateboards, nonmotorized
scooters, and baby strollers are allowed on all trails at all times unless specifically
prohibited and posted otherwise. All trail users will travel at safe speeds at all
times.
2-1.3 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.
2-1.4. Fires Prohibited. Fires are prohibited at any location and at all times
within trails, trail easements or trail facilities, including, but not limited to,
parking areas, trail shoulders and borders, bridges and structures, except for
management
purposes as authorized by the County Land Steward, and/or for
irrigation ditch maintenance, and in accordance with all other applicable laws.
2-1.5. Trespass Prohibited. It is prohibited to trespass from trails onto adjacent
private lands. Trails maybe subject to seasonal closures and the use of such when
so posted shall constitute a trespass.
2-1.6. Equestrian Use. Equestrian use is restricted to unpaved trail areas unless
otherwise posted. 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.
2-1.7. 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 highways will be posted with infornlational signs
designating intersections.
2-1.8. Dogs. Wherever Dogs are allowed on trails, they must be leashed at all
times, with a leash extended no greater than 6 feet in length. A single person may
walk no more that three dogs. Those persons attending dogs on trails must carry a
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receptacle, such as a plastic bag, for removal of excrement Trails will be posted if
dogs are prohibited. Trails may be closed to dogs by action of the Board of
County Commissioners.
2.2. RESTRICTIONS ON OPEN SPACE USE
The following restrictions apply to all open space owned in fee simple by Pitkin
County. These restrictions also apply to public use provided in any conservation
easement held by Pitkin County, unless superseded by the specific terms of the
conservation easement in question. Nothing contained herein limits or otherwise
modifies rights reserved to the owner of fee simple property subject to a
conservation easement held by Pitkin County.
2-2.1. Camping Prohibited. Overnight camping is prohibited on Open Space
and Trails Properties.
2-2.2. Commercial Activities Limited. Commercial activities, provision of
services, or any activity for which a fee may be charged are prohibited on any
Open Space land except when specifically authorized pursuant to a Special Use
Review as set forth in Article 3.
2-2.3. Closed Areas. Entry onto or use of Open Space lands posted as closed is
prohibited.
2-2.4. Fires Restricted. Fires are permitted in designated grills or firepots only.
Fires are prohibited in all other locations. Fires are prohibited in all locations
between the hours of 12:00 AM and 5:00 AM, MST. It is unlawful to burn fires
in any location at any time in a careless manner, to leave a fire unattended, to buns
any explosive or toxic materials, or to fail to extinguish fires completely. This
provision shall not prohibit fires authorized by the County for land management
purposes, or fires used for irrigation ditch maintenance.
2-2.5. Hang -Gliding 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 special use permit pursuant to Article 3
and section 3-210 of the Pitkin County Code.
2-2.6. 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 be County or other maintenance or construction vehicles specifically
authorized for access pursuant to Section 6 of the Asset Management Plan,
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.
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2-2.7. Domestic Animals Prohibited. Domestic animals are prohibited on Open
Space properties except where specifically permitted pursuant to an agricultural
lease, or for land management purposes authorized by the County. 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.
2-3 GENERAL RESTRICTIONS APPLICABLE TO ALL OPEN SPACE AND
TRAILS PROPERTIES.
The following restrictions apply to all open space owned in fee simple by Pitkin County.
These restrictions also apply to public use provided in any conservation easement held by
Pitkin County, unless superseded by the specific terms of the conservation easement in
question. Nothing contained herein limits or otherwise modifies rights reserved to the
owner of fee simple property subject to a conservation easement held by Pitkin County.
2-3.1. Hunting. All Open Space and Trails Properties are closed to hunting unless
specifically authorized by the Open Space and Trails Board, and in accordance
with other applicable laws.
2-3.2. Firearms. It is forbidden to discharge firearms or projectile weapons on
any Open Space or Trails Properties unless hunting is specifically authorized by
the Open Space and Trails Board, and in accordance with other applicable laws.
The exception to this will be law officers discharging weapons in the line of duty.
2-3.3. 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.
2-3.4. Hazardous Activities Prohibited. Hazardous activities of any kind are
prohibited on Open Space and Trails Properties. Hazardous activities are defined
as those activities which might constitute or contribute to a hazard to the safety of
any person. Such activities include, but are not limited to, use of fireworks or
other explosives, use of remote-controlled craft, and launching of missiles.
Exceptions or additions to these restrictions may be made in specific locations or
circumstances pursuant to Special Use Review under Article 3 and posted
accordingly.
2-3.5. Boating Restricted. Boat launching and landing 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 Article 3.
2-3.6. Vandalism Prohibited. Vandalism, property damage or removal of
resources or facilities is prohibited on any Open Space or Trails Property. It is
unlawful to 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.
2-3.7. Dogs and Pets Restricted. Dogs, cats, and other pet animals must be
leashed on trails. Posted leash laws or more restrictive leash laws within other
jurisdictions (i.e. within municipal boundaries) must be obeyed. Owners of
uncontrolled dogs observed on Open Space or Trails Properties will be subject to
penalty under these regulations. Dogs or other animals are prohibited in areas
specifically posted for such prohibition. Dogs observed molesting or menacing
any person, wildlife or livestock maybe destroyed. Dog waste must be picked up
and disposed of in a trash receptacle or off-site by owners or keepers.
2-3.8. Fishing Restricted. Fishing is permitted according to the regulations of
the Colorado Division of Wildlife, except where otherwise posted and prohibited
in a management plan enacted pursuant to section 2-4. A valid fishing license is
required. Fishing access is by designated trails only.
2-3.9. 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 and in accordance with other applicable laws,
and fishing (See Paragraph 2-3.8., above). Damaging or destroying the habitat of
any species of wildlife is prohibited. Removing or destroying, native plants,_blrd
or reptile eggs is prohibited. Nothing in this section shall prohibit trapping for
research, management and monitoring purposes as authorized by the County Land
Steward.
2-3.10 Littering and Waste Disposal Prohibited. Any disposal, depositing or
abandonment of trash, garbage, litter, waste paper, waste food products, human or
animal wastes, 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.
2-3.11 Structures, Storage of Materials, and Notices Prohibited. Construction
of any kind not specifically authorized by the Open Space Director is prohibited.
Activities prohibited include, but are not limited to, excavations, ground clearing
or grading, erection of permanent or temporary structures, erection of signs,
no
posting of bills, notices or posters, storage of items2 fencing or clearing of
vegetation.
2-4 — 1VIANAGENIENT PLANS
The Board of Open Space Trustees may adopt individualized management plans for
specific Open Space and Trails Properties, to set forth management policies and
objectives. If a management plan imposes restrictions that are different from those set
forth in this Title, and are to be enforced under Article 6 below, the management plan
must be adopted by the Board of County Commissioners pursuant to an ordinance. In
that event, the ordinance adopting a management plan shall include a provision that it is
governed by Title 12 of the Pitkin County Code and that violation of its tends and
conditions shall be enforced under the provisions of this regulation as if they were set
forth herein.
4RTICLF. 4 — EASEMENTS AND AGREEMENTS
The terms and conditions of Conservation or Trail Easements or other approved
agreements between the County and private property owners are incorporated into these
regulations by reference. To the extent of any conflict between these regulations and the
terms of conservation easements or trail easements, the terns of such easements will
control. Those teens and conditions shall be enforced under the provisions of this
regulation as if they were set forth herein.
ARTICLE 5 — ANIENDNIENT
These rules and regulations may be amended from time to time by the Pitkin County
Board of County Commissioners in consultation with the Open Space and Trails Board.
These rules shall apply to existing Open Space and Trails Properties and to such trails
and open space properties as may be acquired by the Pitkin County Open Space and
Trails Program from time to time or designated by the County as being subject to these
rules.
ARTICLE 6 — VIOLATIONS, ENFORCEMENT AND PENALTIES
A. Unlawful Activity. It shall be unlawful to engage in any activity that is in
violation of the Article 2 or Article 3 of this ordinance.
B. Penalty. Violation of this ordinance is a class 2 petty offense, 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. Violations of hunting related
regulations are punishable by a fine of $1000.00 for each offense.
C. Criminal Enforcement The Director of Pitkin County Open Space and Trails,
Open Space and Trails Land Steward, Open Space and Trails Ranger, the Pitkin
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County Wildlife Biologist, ,Pitkin County Zoning Officer, the Pitkin County
Community Development Director, Pitkin County Engineer, or any law
enforcement officer may follow the penalty assessment procedure provided in
Section 16-2-2...01, C.R.S. for any violation of this ordinance, or may enforce the
provisions of this ordinance 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 the as set forth in 3B, and such
assessment shall also include a surcharge required by C.R.S. Section 30-15-
402(2). A person who violates this ordinance 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 day a violation of this ordinance continues
shall constitute a separate offense.
D. Civil Enforcement — ISI the event of any activity in violation of this Ordinance,
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 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.
ARTICLE 7 — POSTING
These regulations, or a summary thereof, will be posted at visible locations on Open
Space and Trails Properties. Full text of these regulations shall be available for public
inspection at the offices of the County Open Space and Trails Director, Land Steward and
the Pitkin County Open Space and Trails Program.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE
10th DAY OF .August 2005.
NOTICE OF PUBLIC HEAP2005.
BLISHED IN THE ASPEN TIMES
WEEKLY ON THE�•DAY OF
pJ4 APPRO, D UPON SECOND READING AND PUBLIC HEARING ON THE
O'Y DAY OF V2005.
PUBLISHED ATER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE
//��DAY OFl/ 1A L -le - 2005.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITHIN COUNTY, COLORADO
JO
Jeanette Jones, Deputy Patricia Kay-Clapper�' Chair
County Manager: Approved as to Form:
417 -
Hilary tcher Smit John M. Ely f.-�
County', anager County_AJtemey'
1
G �
Dale ill
Open Space Director
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