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ORDINANCE NO. 21, SERIES OF 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 18.04.030(b)(6) OF THE ASPEN
MUNICIPAL CODE PERTAINING TO "CONSTRUCTION WORK HOURS."
WHEREAS, the City Council of the City of Aspen previously adopted Municipal Code
Section 18.04.030 pertaining to "Noises Prohibited," which included a sub-section (b)(6)
pertaining to "Construction Work," and
WHEREAS, Section 18.04.030(b)(6) currently prohibits construction work noise during
the hours of 10:00 p.m. until 7:00 a.m., and
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WHEREAS, the City Council of the City of Aspen finds that it is in the best interests of
the community to further restrict construction work noise in non-commercial districts by
not permitting construction noise in such districts between the hours of7:00 p.m. and
7:00 a.m. and on Sundays, and
WHEREAS, the City Council desires to adopt the following code amendment for the
benefit of the City of Aspen.
r-. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Sub-section 18.04.030(b)(6) of the Aspen Municipal Code is hereby repealed in its
entirety and re-enacted to read as follows:
(6) Construction work. Operating, or causing to be used or operated, any equipment,
mechanical or non-mechanical, self-propelled or manually manipulated, used in
construction, repair, alteration or demolition work on buildings, structures, streets, alleys,
. or appurtenances as follows:
(a) Within a commercial district during the hours from 10:00 p.m. until 7:00 a.m.
(b) Within a district not defined as a commercial district during the hours from 7:00
p.m. until 7:00 a.m. and on Sundays.
( c) In any defined districts where such operation exceeds the sound level limits for a
floating industrial district as set forth in section 18.04.040.
(d) This subsection shall not apply to emergency work as defined in section
18.04.020(1), but such work shall be exempted only for the minimum period of time
necessary to make the emergency repair(s).
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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of the ordinances repealed or amended as herein prohibited, and the same shall be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
. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
r--.. Section 4
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Apublic hearing on the ordinance shall be held on the 14th day of June,
1999, in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen,
Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 24th day of May, 1999.
S. Bennett, Mayor
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ATTEST:
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FINALLY adopted, passed and approved this I,/- day of
1999.
ATTEST:
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thryn S. c, o(ty lerk
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