HomeMy WebLinkAboutbocc.ord.013.2007 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO,AMENDING THE PITKIN COUNTY ASSET PLAN BY
ADDING SECTION 3.12.05 AND AMENDING SECTIONS 1.65(B),(C) AND 1.66.
Ordinance No. 613 2007
RECITALS
1. Whereas, § 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. Whereas, § 30-15-401(1)(h), C.R.S. vests the County with the authority to control and
regulate the movement and parking of vehicles and motor vehicles on public property.
3. Whereas, § 30-15-402(1), C.R.S. specifies that a person who violates a County ordinance
commits a class 2 petty offense or in the case of traffic offenses, commits a traffic infraction.
That section further provides that if authorized by County ordinance, the Penalty Assessment
procedure set forth in section § 16-2-201, C.R.S. may be followed in enforcing such ordinances.
4. Whereas, § 42-4-1204, C.R.S. prohibits stopping, standing or parking in specified areas,
and specifies violation of such as a Class B Traffic Infraction.
5. Whereas, § 42-4-1701(4), C.R.S. specifies the penalty for parking violations
as $15.
6. Whereas, § 42-4-1803(2), C.R.S. authorizes agency employees, with the approval of the
local law enforcement agency, to move vehicles standing upon any portion of the highway right
of way that are obstructing traffic or highway maintenance.
7. Whereas, § 30-15-402.5(1), C.R.S. vests personnel designated by ordinance duly adopted
to enforce County ordinances to issue citations or summonses and complaints enforcing County
ordinances without regard to certification requirements of Title 24, C.R.S.
8. Whereas, Pitkin County and the Colorado Department of Transportation jointly own the
Buttermilk Park and Ride lot located at the intersection of State Highway 82 and Owl Creek
Road.
9. Whereas, the purpose of this ordinance is to 1) establish the management criteria for the
Buttermilk Park and Ride lot; and 2) update the enforcement provisions of the Pitkin County
Asset Management Plan.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that
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1) The Pitkin County Asset Management Plan is hereby amended to insert a new section
3.12.05 to address the Buttermilk Park and Ride Facility as set forth below; and
2) Subsections 1.65(B)&(C), and Section 1.66 of the Pitkin County Asset Management Plan
are hereby repealed; Sections 1.65(B) and 1.66 are re-enacted as set forth below.
New Section 3.12.05:
3.12.05 BUTTERMILK PARK AND RIDE FACILITY
The Buttermilk Park and Ride Facility is jointly owned by Pitkin County and the State of
Colorado and is located at the intersection of State Highway 82 and Owl Creek Road. The
Facility lots that run along Owl Creek Road to West Buttermilk Road are bisected by the
entrance road into Buttermilk Ski area and are delineated with large boulders; regulatory parking
signs also define the parking areas. The lots shall be used for two purposes: (1) commuter and
other parking that promotes mass-transit, carpooling, and other activities that reduce traffic
congestion on Highway 82; and (2)recreational-use parking for Pitkin County trails and related
recreational facilities. All other uses are prohibited, including overnight parking. Permits for
certain temporary uses that relate to minimizing congestion on the Highway 82 corridor, or that
present temporary extraordinary circumstances that would inefficiently burden roads and other
public facilities if not addressed at the Buttermilk lots, may be available upon application to
Pitkin County Public Works.
Parking by persons who utilize the Buttermilk Park and Ride Facility for transportation to Aspen
Mountain, Aspen Highlands, or Snowmass Ski Areas shall be permitted.
Pitkin County and the State of Colorado shall share maintenance responsibilities including lot
grading as needed. Snow removal responsibility shall be the responsibility of Pitkin County and
may be contracted out as appropriate. Pitkin County shall install and maintain signage.
Section 1.65(B) Penalty and 1.65(C) Criminal Enforcement
These subsections shall be repealed and re-enacted in subsection 1.65(B) as follows:
1.65 B. VIOLATIONS, PENALTY
1) Whenever in any section of this Asset Management Plan the doing of any act is
required, prohibited, or declared to be unlawful, each 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. Provided, however, that traffic infractions shall be addressed as provided in
this section. The Director of Public Works or his/her authorized designee,the Pitkin
County Code Enforcement Officer, or any Law Enforcement officer shall be authorized
to serve either a Summons and Complaint or Penalty Assessment, as specified in this
Section on any person who violates the provisions of this Asset Management Plan.
2) a. The following acts shall be subject to Penalty Assessment:
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1)- Parking on any County Road or its related Right of Way without a permit, as
set forth in §§ 1.12.01(J), 1.13.01(L), 1.14.01(L) and 1.15.01(M).
2) -Depositing, plowing, pushing or otherwise placing snow upon or across any
County Road or its related Right of Way.
3)- Violating Park and Ride Facility use regulations.
b. The Penalty Assessment schedule for violations other than traffic infractions shall
be:
-First Offense: $100.00
-Second Offense: $250.00
-Third and additional offenses: $1,000.00 or maximum then allowed by law.
c. The Penalty Assessment schedule for traffic infractions including but not limited
to parking, blocking or impeding maintenance in the County Right of Way and
any Park and Ride Facility shall be:
-First and subsequent Offenses - $15
3) a. Violations of the Asset Plan not addressed by § 1.65(B)(2) shall be addressed by
Summons and Complaint to appear in Pitkin County Court, including but not
limited to:
-Engaging in road maintenance of any County road and its related Right of
Way except by prior written agreement with Pitkin County.
-Violation of permit requirements of this Plan.
b. Violations addressed by Summons and Complaint shall be subject to a minimum
penalty of$500 and maximum penalty of$1,000, or the maximum then allowable
by State law, as amended.
4) 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 § 16-2-201, C.R.S., as amended. In such case the penalty schedule set
forth in § 1.65(B)(2)(b) shall be followed.
5) Any Person who aids, assists or abets any other Person in committing a violation
of these regulations shall be subject to the penalties specified in § 1.65(B)
dependent upon on whether the person aided or assisted is subject to Penalty
Assessment or Summons and Complaint.
Section 1.66 Other Enforcement procedures
This section shall be repealed and re-enacted as follows:
1.66 VIOLATIONS, CIVIL ENFORCEMENT
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A. Notice of Violation In addition to utilizing the enforcement procedures authorized by
§ 1.65, the Director of Public Works or his/her designee; the Pitkin County Code
Enforcement Officer; or the Director of Open Space and Trails or his/her designee may
deliver a Notice of Violation (NOV) to any person who violates this Asset Management
Plan. The NOV shall specify the violation, and may require that the violator either
cease and desist immediately from all acts or omissions relating to the violation, or
correct the violation within a specified time not to exceed 90 days. Failure to comply
with the terms of an NOV shall result in enforcement pursuant to § 1.65. Issuance of a
Notice of Violation shall not be deemed a condition precedent to enforcement pursuant
to the procedures set forth in § 1.65, nor shall it preclude later enforcement action
pursuant to § 1.65.
B. Civil Enforcement In the event of any act or omission that violates any section of this
AMP, the County Attorney, in addition to other remedies provided by law or specified
herein, may institute an injunction, mandamus, abatement, or other appropriate civil
action or proceeding to prevent, enjoin, or abate any unlawful activity, or to remove any
improvements or 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 or
contracted services to repair such damage. Any civil action or proceeding may include
a claim to recover all such money damages in addition to any and all claims for
injunctive or other equitable relief.
C. Withdrawing or Withholding Permits In the event that the Public Works Director or
designee, Code Enforcement Officer, or Open Space and Trails Director or designee
has personal knowledge of any violation of this AMP, any Public-Works issued
permit may be withdrawn after the violator is provided notice and an opportunity for
hearing before the Board of County Commissioners. If the violation involves activity
under a Pitkin County Community Development building permit, the building permit
may also be withdrawn after consultation with Community Development staff and
after the violator is provided notice and an opportunity for hearing before the Board of
County Commissioners. No further permits or approvals from the County shall be
issued for any property generating a violation until the violation is brought into
compliance with the standards of this AMP.
D. Vehicle Removal Any vehicle blocking traffic or impeding road maintenance on a
County road or right of way may be moved pursuant to § 42-4-1803, C.R.S. The
procedure for removing such vehicles shall be as follows:
1) Public Works staff shall provide the vehicle's description, license plate,
location and circumstance to the Pitkin County Sheriffs Office and request
that the Sheriff s Office have the vehicle removed.
2) If the Pitkin County Sheriffs Office informs Public Works that it is
unavailable to have a vehicle removed in a reasonable amount of time, Public
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Works staff may request approval from the Sheriff's Office for Public Works
staff to remove the vehicle.
a) If a vehicle is to be removed by Public Works staff with Sheriff's
Office approval, Public Works shall call dispatch and request a tow.
Public Works-initiated tows shall be taken to the Sheriff's impound
lot and Public Works staff shall within a reasonable time notify the
Sheriffs Office of the details of the tow, including vehicle
description, location and license plate number.
b) If a vehicle can be simply moved to a nearby location rather than to
the impound lot to resolve the problem posed by the vehicle, Public
Works staff shall have discretion to make that decision after
following the same procedures set forth above. Nothing herein shall
obligate Public Works, the Sheriff, or any other entity to relocate a
vehicle rather than removing it.
3) When Public Works initiates a vehicle removal, Staff shall when practicable
first make a reasonable effort to inform the vehicle's owner of the impending
vehicle removal. The circumstances—including without limitation the location
of the vehicle, the level of service of the road or asset in question, the danger to
the public, and the disruption to maintenance and provision of other public
services—shall inform a sound exercise of discretion as to what a reasonable
effort is and how long Public Works must wait before initiating the removal of
a vehicle. In some circumstances it may be necessary to immediately remove a
vehicle without first contacting the owner.
4) In circumstances where a vehicle is approved by the Sheriff's Office to be
towed to the Sheriff's impound lot, the Sheriff's Office is responsible for
accomplishing the necessary logistics such as vehicle logs and vehicle release
to owners. Public Works staff shall assist as requested by the Sheriffs Office.
INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING
ON -July 11,2007
NOTICE OF PUBLIC HEARING AND THE FULL ORDINANCE PUBLISHED IN
THE ASPEN TIMES WEEKLY ON THE—July 15,2007
ADOPTED AFTER SECOND READING AND PUBLIC HEARING HELD ON—
July 25,2007
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN THE
ASPEN TIMES WEEKLY ON THE—August 5,2007
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ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
r
Je ette Jones Michael wsley Ch r
D uty Clerk Date: y
a
APPROVED AS TO FORM
{John Ely — Hilary Flet r
County Attorney County MdpAger
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