HomeMy WebLinkAboutordinance.council.018-08Ordinance NO 18
(Series 2008)
AN ORDINANCE AMENDING CHAPTER 18.04, NOISE ABATEMENT, OF THE
MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO
WHEREAS, the special event regulations in the noise ordinance were inadvertently
removed; and
WHEREAS, the need still exists for regulation and variance options for sporting events,
Farmer's Markets, concerts, and other special events, and those provisions of the noise
ordinance had been in place since 1981; and
WHEREAS, noise is a significant source of physiological stress and affects the health an
well-being of residents and visitors; and
WHEREAS, the Aspen City Council wishes to balance the need for peaceful enjoyment
of Aspen's environment with participation in the many musical, sporting, and other
events; and
WHEREAS, The Aspen City Council has determined that replacement of the deleted
sections of the noise ordinance benefits the health and welfare of the residents and
visitors to the City of Aspen; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That section 18.04.050 of the Municipal Code of the City of Aspen, Colorado is hereby
repealed and re-enacted to read as follows:
Sec. 18.04.050. Allowed noises based on time of day and other restrictions
(A) Any and all activity incidental to the erection, demolition, altering, assembling, installing or
equipping of buildings, structures, roads or other appurtenances thereto, including land clearing,
grading, excavating, filling, landscaping, use of power equipment and the delivery, leading or
unloading of materials and equipment shall comply with Chapter 8.56. (Ord. No. 24, 2003, § 1;
Ord. No. 11-2003, § l; Ord. No. 33, 2007, §2)
(B) The following noises are allowed to exceed the Zone District noise levels during specified
times of day unless deemed a disturbance of the peace by an enforcement officer.
(1) Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00 p.m.
(2) Special Events or other events to which the public is invited with the following conditions:
(a) The maximum decibel level at the perimeter of the event does not exceed 100
decibels; and
and
and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.;
(c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source
are notified. Such notification must be in writing and be done seven (7) days prior to the
starting time of the event; and
(d) The arrangement of loud speakers or the sound instruments must be such that it
minimizes the disturbance to others resulting from the position or orientation of the
speakers or from atmospherically or geographically caused dispersal of sound beyond the
property lines; and
(e) All reasonable measures are taken to baffle or reduce noise impacts on the neighbors;
(f) Event organizers agree to cooperate with the Police Deparhnent in addressing noise
complaints from neighbors, which may include the termination of the event.
(g) Organizers of special events governed by the City of Aspen Special Event code
(14.20.030(f)) may request a variance from noise restrictions to the City of Aspen Special
Evenf Committee.
(1) The variance request shall include reasons why the variance should be
granted, how the public good will outweigh impacts on neighbors and other
factors supporting the request.
(2) If approved, the variance shall contain all conditions upon which said
variance has been granted, including, but not limited to, the effective date(s),
time(s) of day, location, sound pressure level, or equipment limitation. The
Special Event Committee may prescribe any reasonable conditions or
requirements deemed necessary to minimize adverse effects upon the community
or the surrounding neighborhood.
(3) Decisions on variances by the Special Event Committee may be appealed to
the city council. An appeal shall be made by filing with the city clerk a signed
statement that the appellant desires to appeal to the city council, along with a
copy of the application and the written denial or the permit objected to. Each
appeal shall be filed within two (2) days, exclusive of Saturdays, Sundays and
legal holidays, of the decision appealed from. The right to appeal to city council
shall be contingent upon city council's regular meeting schedule.
(3) Private events to which the public is not invited and that are located at a park, business or
nonprofit facility with the following conditions:
(a) Private events must comply with the requirements of parts (c) thru (f) of section (3)
governing public events; and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and 8:00 p.m.;
and
(c) The maximum decibel level at the perimeter of the event does not exceed 80 decibels;
and
(d) Maximum of two per week at any property; and
(e) If complaints are received from neighbors about noise from a private event, the event
organizer must meet with the Environmental Health Department and implement
additional control measures for future events to prevent disturbance of neighbors.
(f) An administrative fee as set in the City Fee Ordinance is required for review of the
additional control measures.
(4) Farmers' Markets. Sound from the Farmers' Market during times and dates specified in its
current vending agreement with the City of Aspen.
Section 2
This ordinance, when effective, shall not have any effect on existing litigation and shall
not operate as an abatement of any action or proceeding then pending under or by virtue
of the ordinances repealed or amended as herein prohibited, and the same shall be
construed and concluded under such prior ordinances.
Section 3
A public hearing on this ordinance will be held Monday the 14`h day of July, 2008, in the
City Council Chambers, City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 23`d day of June 2008.
Michael C. eland, Mayor
ATTEST:
Kathryn S. I ,City Clerk
FINALLY adopted passed and approved this 14`h day of July 2008.
~~
Michael C. Irel d, Mayor
ATTEST:
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Kathryn S. I ch, City Clerk