HomeMy WebLinkAboutordinance.council.026-00 ORDINANCE NO. ~ , SERIES OF 2000
AN ORDINANCE OF THE CITY COUNCIE OF THE CITY OF ASPEN,
COLORADO, REPEALING SECTION 18.04.070 OF THE ASPEN
MUNICIPAL CODE IN ITS ENTIRETY AND ENACTING A NEW
SECTION 18.04.070, ENTITLED "PERMITS," WHICH RELATES
TO PERMITS FOR RELIEF FROM NOISE RESTRICTIONS.
WHEREAS, the City Council desires to repeal and re-enact Section 18.04.070 of
the Aspen Municipal Code, entitled "Permits." and
WHEREAS, Section 18.04.070 currently allows for permits for relief from no~se
restrictions on the basis of hardship or special circumstances, and
WHEREAS, Council wishes to expand the permits for relief to cover special events
and farmers' markets under the conditions set forth hereto, and
WHEREAS, Council finds such permits for relief to be in the best interests of the
community.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
Section 18.04.070 is hereby repealed in its entirety and re-enacted m read as follows:
18.04.070 Permits.
(a) Applications for a permit for relief from noise restrictions in this ~hapter on the
basis of undue hardship or special circumstances may be made to the Aspen
Environmental Health Department. Any permit granted by the director of the Aspen
Environmental Health Department or an authorized representative shall contain all
conditions upon which said permit has been granted, including, but not limited to, the
effective date(s), any time(s) of day, location, sound pressure level or equipment
limitation. The permit may be granted upon good and sufficient showing:
(1) That the additional time is necessary for the applicant to alter or modify his
activity or operation to comply with this chapter.
(2) That the activity, operation or noise source will be of temporary duration and
cannot be done in a manner that would comply with this chapter.
(3) That no reasonable alternative is available to the applicant.
f'"~, The director of environmental health may prescribe any reasonable conditions or
· requirements deemed necess~ ~ minimize adverse effects upon the community or
~-'~' the surrounding neighborhood.
(b) Upon a positive recommendation from the Special Events Coordinator (pursuant
to the requirements of Section 14.20.030(7), Aspen Municipal Code) and upon the
concurrence of the Environmental Health Department, a permit for relief from noise
restrictions may be issued to a "special event" by the director of the Aspen
Environmental Health Department or an authorized representative. The permit shall
contain all conditions upon which said permit has been granted, including, but not
limited to, the effective date(s), any time(s) of day, location, sound pressure level or
equipment limitation. The director of environmental health may prescribe any reasonable
conditions or requirements deemed necessary to minimize adverse effects upon the
community or the surrounding neighborhood. A permit for a "special event" does not
need to meet the criteria of subsection (a) herein.
(c) A permit for relief from noise restrictions may be issued to a "farmers' market," as
authorized by Section 26.575.190; Aspen Municipal Code, up to four (4) times per year
by the Director of the Aspen EnvirOnmental Health Department or an authorized
representative. The permit shall contain all conditions upon which said permit has been
granted, including, but not limited to, the effective date(s), any time(s) of day, location,
sound pressure level or equipment limitation. The director of environmental health may
prescribe any reasonable conditions or requirements deemed necessary to minimize
adverse effects upon the community or the surrounding neighborhood. A permit for a
"farmers' market" dOes not need to meet the Criteria of subsection (a) herein.
Section 2.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 3.
This ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinance
amended herein, and the same shall be conducted and concluded under such prior
ordinance.
Section 4.
A public hearing on the ordinance shall be held on the/E) day o~,----E~_ , 2000,
at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 SOuth Galena, Aspen,
Colorado.
INTRODUCED AND READ as provided by law by the City Council of the City of
Aspen on the~ff~,day of~-~'~ ~ - ,2000.
~. Richard~
ATTEST:
Kathryn'Sz~och, City Clerk
FINALLY adopted, passed and approved this lO day of ~,~, ,2000.
ATTEST~
Kathryn S. ~h, City Clerk