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Home My WebLink Aboutbocc.ord.037.2006 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, AMENDING TITLE 10 OF THE PITKIN COUNTY CODE BY REPEALING ORDINANCE No. 013-2006 AND REPEALING AND REENACTING SECTIONS 10.28.140 (A) and (B), 10.08.030 (I), 10.28.110 (B), 10.32. 010 (A), (B) and (C). Ordinance No. 031 2006 RECITALS 1. Section 30-35-301 C.R.S. authorizes Home Rule counties to make and publish ordinances to discharge the powers conferred upon such counties by law. Pitkin County is a Home Rule County. 2. Section 41-4-106, C.R.S. vests the County with the authority to establish rules and regulations governing the Aspen-Pitkin County Airport. also known as Sardy Field (the "Airport"). 3. Section 30-15-402, C.R.S. specifies that any person who violates any county ordinance commits a class 2 petty offense and that a penalty assessment procedure may be followed if specified by county ordinance. 4. The purpose of this ordinance is to update the enforcement provisions in Title 10 (Airport Regulations) of the Pitkin County Code that govern the Airport. 5. This ordinance repeals Ordinance No. 013-2006. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado Section Sections 10.28.140 (A) and (B), 10.08.030 (1),10.28.110 (B), and 10.32.10 (A). (B), (C) of the Pitkin County Code are hereby repealed and/or repealed and re- enacted as set forth below: 10.28.140 Penalties This Section shall be repealed. 10.08.030 (I) Buildings rules and regulations No person may enter a Secured Area at the airport without authorized escort or without appropriate identification. This requirement shall be enforced as provided in section 10.32.0 I O. In addition to or as an alternative to any other penalty, violations of this provision may result in removal from the Secured area and loss of airport access privileges. I 10.28.110 (B) Regulation of Commercial Vehicles at the Airport Commercial ground transportation operators shall comply with the rules enumerated in a document entitled "Ground Transportation Rules" as published by the Director of Aviation, and as the same shall be modified from time to time by the County within its sole discretion. Such Ground Transportation Rules shall govern requirements such as license agreements, operating restrictions and permit requirements. The enforcement and penalties for violations of the Ground Transportation Rules shall be prescribed in Section 10.32.010, provided that the Ground Transportation Rules may set forth additional penalties. CHAPTER 10.32 PENALTIES 10.32.010 Violations-Penalties A. Whenever in any section of this Title 10 ofthe Pitkin County Code the doing of any act is required, prohibited, or declared to be unlawful or a violation of the airport Security Plan, a violation of any such provision shall be a Class 2 Petty Offense with a maximum fine not to exceed $1,000 and/or imprisonment for a period not to exceed 90 days or the maximum allowable by State law, as amended from time to time. The Director of Aviation, his/her authorized representative or any Law Enforcement officer shall be authorized to serve either a Summons and Complaint or Penalty Assessment on any Person who violates the provisions of this Title 10. B. Violations that shall be addressed by Penalty Assessment are: I) Section 10.08.020 (B), (C), (D), (E), (F), (G), (H), (I), (0), (Q), (R) 2) Sections 10.28.010 through 10.28.130 The Penalty Assessment schedule for these violations is: -First Offense $75.00 -Second Offense $200.00 -Third and additional offenses $1,000.00 or maximum civil penalty allowable by state law, as amended from time to time. C. All violations of Title 10 not addressed by 10.32.010 (B) shall be addressed by Summons and Complaint to appear in County Court. Violations addressed by a Summons and Complaint are a Class 2 Petty Offense, with a maximum fine of $1 ,000 and / or imprisonment for a period not to exceed 90 days. Penalty amounts shall be at the discretion of the court, except for: 1) Violations of Section 10.12.050 (Hours of Operation) are $1,000 for each occurrence or the maximum allowable by State law, as amended from time to time. 2 2) Violations of Section 10.12.030 (C), (D), (E), (F), (G) (Aircraft and Aircraft Equipment) are $1,000 for each occurrence or the maximum allowable by State law, as amended from time to time. D. Summonses and Complaints shall be referred to the District Attorney for prosecution in Pitkin County Court. Non payment of a Penalty Assessment shall result in prosecution of the Penalty Assessment as a Summons and Complaint pursuant to S 16-2-201, C.RS., as amended. In such case the penalty is at the Court's discretion per 10.32.010 (A). E. Any Person who aids, assists or abets any Person in committing a violation of these regulations shall be subject to the penalties specified in Section 10.32.010 (A). F. In the event that any Person is convicted of (payment of a Penalty Assessment constitutes a conviction of the related violation for purposes of this section) four or more violations of any requirement of this Title 10 within any consecutive twelve month period, the Director of Aviation may initiate a proceeding before the duly appointed County hearing officer to request, in addition to any penalties specified in this section, that the Person be denied the privilege of operating an Aircraft to, at or from the Airport for a pel10d of time to be determined by the hearing officer to be reasonable in light of the circumstances. In the event that the County terminates any lease, permit or license as a result of one or more violations of the requirements of this division, the Director of Aviation may seek and the hearing officer may order that the Person be debarred from applying for a new lease, permit or license for a period of time to be determined by the hearing officer to be reasonable in light of the circumstances. During such hearing, the Person charged with violating these regulations shall be afforded the right to be represented by counsel; to present and submit testimony and evidence; to cross examine other persons giving testimony; to require (on request) that all witnesses be placed under oath; to a record of proceedings; and (on request) a written decision setting forth the findings of fact and conclusions, with reasons or basis for the decision, on the material and relevant issues presented in the record. The hearing officer shall not be bound by formal rules of evidence, but may consider any matters which he or she concludes are reasonably reliable and calculated to aid in reaching a correct determination of the issues involved. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON NOVEMBER 15, 2006 NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26th DAY OF NOVEMBER, 2006. 3 ADOPTED AFTER SECOND READING AND PUBLIC HEARING HELD ON DECEMBER 6, 2006. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 17TH OF DECEMBER, 2006. EFFECTIVE 30 DAYS AFTER PUBLICATION, ON JANUARY 16TH, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO c , ,lWltG Jeanette Jones Deputy Clerk ~" '~ i I ~ I i I /}1// V~ Michael C. Irelan<1!S;hair Date: \ 1. ~ '" ' C/O APPROVED AS TO FORM / 1t;~tJt~ County ager 4