Loading...
HomeMy WebLinkAboutordinance.council.046-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1974) AN ORDINANCE REPEALING CHAPTER 13 "~ISCELLANEOUS OFFENSES AND PROVISIONS" OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; RE-ENACTING OR AMENDING CERTAIN SECTION THEREOF; ADDING PROVISIONS NOT PREVIOUSLY A PART OF SAID CHAPTER; SAVING PROSECUTION AND PENALTIES FOR VIOLATIONS OF THE PREVIOUS SECTIONS WHICH VIOLATIONS OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING THAT FOR VIOLATIONS OF CHAPTER 13 THERE MAY BE FINES IMPOSED UP TO AND INCLUDING $300 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. WHEREAS, the present Chapter 13, "Miscellaneous Offenses and Provisions," of the Municipal Code of the City of Aspen, has numerous sections which are outdated, includes other sections which unnecessarily duplicate provisions of state law, is lacking several provisions deemed necessary for the future proper regulation of activities within the city, and treats certain subjects which should be approached in a different manner, and WHEREAS, the City Council concludes that the Chapter should be substantially revised and be put in a form as contained in detail in the balance of this ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Adoption That Chapter 13, "Miscellaneous Offenses and Provisions," including all sections thereof, of the Municipal Code of the City of Aspen, Colorado, is hereby repealed and the said Chapter 13 with the following sections is re-enacted to read as follows: "Chapter 13 MISCELLANEOUS OFFENSES AND PROVISIONS RECORD OF PROCEEDINGS 100 Leaves Sec. 13-1 Application of Chapter This Chapter applies to all land lying and being within the City, and all other land outside the city limits over which the city has jurisdiction and control. Sec. 13-3 Principals, Parties Subject to Prosecution Any person eighteen or over is chargeable under, and can be convicted of, a violation of any section in this Chapter, for conduct violating such section, as well as for violating such section if, with the intent to promote or facilitate the commission of the violation, the person aids, abets, or advises another in planning or committing the violation. Sec. 13-5 Definitions The following terms shall have the meanings herein- after set forth when used in this Chapter. A. Bodily Injury. Means physical pain, illness, or any impairment of physical or mental condition and is to be distinguished from "serious bodily injury" which involves "bodily injury" and which includes substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body. B. Intentionally. A person acts intentionally with respect to a result or to conduct described herein defining an offense when his conscious object is to cause that result or to engage in that conduct or when his actions are such as to give rise to a substantial certainty that such results will be produced. C. Knowingly. A person acts knowingly with respect to conduct or a circumstance described by a -2- RECORD OF PROCEEDINGS 100 Leaves section in this Chapter defining an offense when he is aware, or reasonably should be aware, that his conduct is of that nature or that the circumstance exists. D. Recklessly. A persons acts recklessly with respect to a result or to a circumstance described by a section defining an offense when he is aware, or reasonably should be aware, of and consciously disregards a sub- stantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a willful and wanton deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of self-induced intoxication acts recklessly with respect thereto. "Will- ful and wanton" as used in this subsection means conduct purposefully committed which the person knew, or reasonably should have known, was dangerous to another's person or property, and which he performed without regard to the consequences or the rights and safety of another's person or property. E. Criminal Negligence. A person acts with criminal negligence with respect to a result or to a circumstance which is defined herein as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance -3- RECORD OF PROCEEDINGS 100 Leaves exists. The risk must be of such nature and degree that the failure to perceive it constitutes gross deviation from the standard of care that a reasonable person would observe in the situation. A court or jury may consider state statutes or municipal ordinances regulating the defendant's conduct as bearing upon the question of criminal negligence. F. Public. Means affecting or likely to affect persons in a place to which the public or a substantial group has access; among such places are included public streets, malls, alleys, sidewalks, parks, public buildings, any place of commerce, business or amusement which said buildings, places of commerce, business or amusement are open to the public. Sec. 13-7 Liability of Corporations For the purposes of this Chapter, corporate liability shall inure for offenses enumerated herein as follows: A. A corporation is guilty of an offense if: (1) the conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or (2) the conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, -4- RECORD OF PROCEEDINGS 100 Leaves or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment or in behalf of the corporation. B. As used in this section, "agent" means any director, officer, or employee of a corpora- tion, or any other person who is authorized to act on behalf of the corporation, and "high managerial agent" means an officer of a corporation or any other agent in a position of authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees. Sec. 13-9 Acting as Accessory Before or After the Fact Prohibited A. It shall be unlawful for any person to act as an accessory before the fact in the commission of any act which is a violation of a provision of this Code; and such person shall be deemed and considered as a principal offender when charges are brought for such violation. B. An accessory before the fact shall mean a person who stands by and aids, abets, or assists, or, who not being present, had advised or encouraged the perpetration of any such violation. C. It shall be unlawful for any person to act as an accessory after the fact in the commission of any act which is a violation of a provision of this Code. -5- RECORD OF PROCEEDINGS 100 Leaves D. An accessory after the fact shall mean a person who, after gaining knowledge that a violation of this Code has been committed, conceals such knowledge from any court or any law enforcement official, or harbors or protects a person charged with or convicted of a violation of a provision of this Code. Sec. 13-11 Conspirin~ to violate Provisions of this Code Prohibited It shall be unlawful for any person or persons to conspire with any other person or persons to commit any act which is a violation of a provision of this Code. Sec. 13-13 False Reportin~ Prohibited It shall be unlawful to knowingly cause a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other governmental agency which deals with emergencies involving danger to life or property. Sec. 13-15 Unlawful to Impersonate an Officer It shall be unlawful for any person, other than an official police officer, a member of the Police Department, or a person duly empowered with police authority, to wear the uniform, apparel, or any other insignia -6- RECORD OF PROCEEDINGS 100 Leaves of office like or similar to, or a colorable imitation of that worn by such official officers, members, or persons duly empowered with police authority. It shall be unlawful for any person to counter- feit, imitate, or colorably imitate, or cause to be counterfeited, imitated, or colorably imitated, the uniform, apparel, or any other insignia of office used by official police officers, members of the Police Department, or persons duly empowered with police authority. It shall be unlawful for any person, without due authority, to exercise or attempt to exercise the authority of any police officer, member of the Police Department, person duly empowered with police authority, Sheriff, Deputy Sheriff, Prison Steward, Deputy Warden, public officer, or of any investigator, inspector, deputy, or clerk in any department of the City, or of any other law enforcement officer, for any purpose; or for any person falsely to assume, pretend to be, or hold himself out to be such officer, or official, for any purpose. Sec. 13-17Duty to Assist Officers It shall be the duty of all persons, when called upon by any police officer, member of the Police Department, or person duly empowered with police authority, promptly to aid and assist such officer, member, or person in the discharge of his duties. Sec.13-t9 Duty to Report Offenses It shall be the duty of all persons who witness or -7- RECORD OF PROCEEDINGS 100 Leaves have reason to believe that a provision of this Code is being or has been violated, promptly to report the same to a police officer, a member of the Police Department, or a person duly empowered with police authority. Sec.13-21 Resisting and Interfering with an Officer Prohibited A. It shall be unlawful for any person in the city to resist any police officer, member of the Police Department, special policeman, private policeman or employee of the city in the discharge of his duty, or in any way interfere with or hinder or prevent him from discharging his duty. B. Profane or abusive language directed to a police officer or employee of the City shall be deemed interference with and obstruction to the discharge of the police officer's or city employee's duties. C. It shall be unlawful for any person to offer or endeavor to assist any person in the custody of a police officer, member of the Police Department, special policeman, private policeman or employee of the City, to escape or to attempt to escape from such custody. D. It shall be no defense to a prosecution under this section that the officer or employee was attempting to make an arrest which was unlawful if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to a right of self defense. An officer or employee acts under color of his official authority when, in the regular course of assigned duties, he is called upon -8- RECORD OF PROCEEDINGS 100 Leaves to make and does make a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him. The term peace officer as used in this section means a police officer in uniform, or if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted. Sec. 13-23 Assault and Battery Prohibited It shall be unlawful for any person to commit an assault or battery upon the person of another. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. A battery is any intentional and unlawful use of force or violence upon the person of another. Sec. 13-25 Lewd or Lacivious Speech or Behavior in Public Prohibited It shall be unlawful for any person to be lewd or lacivious in speech or behavior in any public way or place or any place open to public view. Sec. 13-27 Indecent Ex~psure It shall be unlawful for any person to wilfully appear in a state of nudity or in any indecent or lewd dress or condition in any public place or in any place open to public view, or in any such place to wilfully make any indecent exposure of his person or private parts thereof or the private parts of another. Sec. 13-29 Urinating in Public Prohibited It shall be unlawful for any person to urinate in any way or place which is public in nature or any place open to public view. -9- RECORD OF PROCEEDINGS 100 Leaves Sec. 13-30 Carrying Concealed Weapon Prohibited It shall be unlawful for any person to knowingly carry a knife or firearm concealed on or about his person. It shall be an affirmative defense that the defendant was: A. A person in his own dwelling, or place of business, or on property owned or under his control at the time of the act of carrying. B.A person means of lawful protection of his or another's person or property, while traveling. C. Or a person who, prior to the time of carrying a concealed weapon, has been issued a written permit to carry the weapon by the Chief of Police of a city, the Mayor of a town, or the Sheriff of a county, and such written permit shall be effective in all areas of this state. in a private automobile or other private conveyance who carries a weapon for -9a- RECORD OF PROCEEDINGS 100 Leaves Sec. 13-31 Drinking liquor or possession of open container on public property prohibited A. It shall be unlawful for any person to drink any fermented malt beverages, malt, vinous or spirituous liquors upon any street, alley, sidewalk or other public property in the city. B. It shall be unlawful for any person to possess or to have in his control on any street, alley, sidewalk or other public property in the city, any malt beverages, malt, vinous or spirituous liquors in any containers of any kind which are not sealed or upon which the seal is broken. Included in the word "seal" shall be any regular seal applied by the U.S. Government over the cap of all malt, vinous or spirituous liquors. C. Nothing herein shall prohibit the drinking of or having open containers of malt beverages, malt, vinous or spirituous liquors in public areas when the city manager shall have issued a permit therefore provided that (1) Such permit shall be issued only for a designated area; (2) It shall be for a period not to exceed 48 hours; and (3) The city manager shall have determined that the permit shall be necessary for conducting a public event or celebration and that adequate provision has been made for police supervision and area maintenance. -10- RECORD OF PROCEEDINGS 100 Leaves Sec.13-33 Expectoratin~ on Sidewalks or in Public Buildings Prohibited It shall be unlawful for any person to expectorate or spit upon any sidewalk or upon the floor of any public building or room used for public assemblies. Sec.13-35 Unlawful to Throw Stones, Snowballs, or Other Missiles It shall be unlawful for any person to throw any stone, snowball or other missile upon or at any vehicle, building, or other public or private property, or upon or at any person in any public way or place which is public in nature. Sec.13-37 Obstructing Public Streets, Places and Buildings Prohibited A. It is unlawful for any person, whether alone or with others, without legal privilege to do so, to obstruct vehicular or pedestrian move- ment on any street, alley, sidewalk, mall, way, place or doorway or entrance into or out of any building which is open to the public. B. Obstruction means the interference with or prevention of, convenient or reasonable passage or use of the public street, alley, sidewalk, mall, way, place or building, or entrance or doorway into or out of any building which is open to the public by any individual or group of individuals. C. For purposes of this section the following acts will constitute a violation of this Code: (1) when one person, whether alone or with others, intentionally causes or creates an obstruction; or -11- RECORD OF PROCEEDINGS 100 Leaves (2) when one, whether alone or with others, causes, creates or contributes to causing or creating an obstruction where a reasonable man in the same circumstances would be aware that he was causing, creating or contributing to causing or creating an obstruction. Sec.13-39 Injury to Public and Private Property Prohibited It shall be unlawful for any person to intentionally or knowingly to injure, deface, mutilate, remove, pull down, break or in any way interfere with or molest or secrete any trees, real or personal property belonging to or under the control of the City or any person within the city. Sec.13-41 Painting or Decorating Public Buildings Prohibited It shall be unlawful for any person to paint or decorate any building, fence or other structure or property owned, leased or used by the City without the written permission of the department head responsible for such building, fence, or other structure or property. Sec.13-43 Unlawful to Put Up Unauthorized Posters It shall be unlawful for any person to post, put up or paste any handbill, poster, placard or painted or printed matter upon or against any public or private house, store, or other building or structure, or upon or against any private or public fence, utility pole or other structure, or upon any public or private real property without the permission of the owner, agent or occupant of such structure or property; or unless such person is lawfully authorized to make such posting by the City. -12- RECORD OF PROCEEDINGS 100 Leaves Sec. 13-45 Defacing Posted Notices Unlawful Any person who intentionally mars, destroys or removes any posted notice authorized by law commits the violation of defacing posted notice. Sec. 13-47 Trespassing Prohibited It shall be unlawful for any person without legal privilege to enter on or to remain upon the premises of another; or to fail or refuse to remove himself from such premises when requested to leave by the owner, occupant or person having lawful control thereof. Sec. 13-49 Window-peeping Prohibited It shall be unlawful for any person to look or peep into any window, door, skylight or other opening in a house, room or building such as to wrongfully observe the occupants of such house, room or building. Sec. 13-51 Disorderly Conduct Prohibited It shall be unlawful for any person to commit dis- orderly conduct within the City of Aspen. A person commits disorderly conduct when he knowingly, intentionally or recklessly A. Uses profane, obscene, or offensive language directed at or in the presence of another person, which language tends to an immediate breach of peace; or B. Abuses or threatens another in an obviously offensive manner and in such a manner as to tend to an immediate breach of the peace; or C. Disturbs or tends to disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises; or -13- RECORD OF PROCEEDINGS 100 Leaves D. Threatens, quarrels, challenges to fight or fights with another; or E. Interferes with the free and unobstructed use of any way or place which is public in nature by any other person or persons; or F. Goes about from door to door of private homes or commercial and business establishments to beg or receive monies for himself or others; or G. Solicits money upon any public way or public place, provided nothing herein shall preclude the acceptance of money offered unsolicited from passersby in return for a musical or other performance given in said public place; or H. Not being a police officer, discharges a firearm in a public place; or I. Not being a police officer, displays a deadly weapon in a public place in a manner calculated to alarm. Sec. 13-53 Making False Reports Unlawful It shall be a violation of this section for any person to do any of the following: A. Make a report or intentionally cause the transmission of a report to any law enforce- ment officer or other city official of a crime or other incident within their official concern, when he knows that the crime or incident did not occur. B. Make a report or intentionally cause the transmission of a report to any law enforce- ment officer or other city official pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false. -14- RECORD OF PROCEEDINGS 100 Leaves Sec.13-55 Using False Identification Prohibited It shall be unlawful for any person to offer, use or attempt to offer or use any means, manner, type or kind of paper, document, card, license, or any other evidence of the identification of such person for the purpose of making sales, or purchase of commodities, cashing checks, making other monetary transactions, to gain admission to any place, or for any other purpose whatsoever where such means, manner, type or kind of identification offered or used, or which is attempted to be offered or used, is false, fraudulent, or incorrect in any manner or way, or which misrepresents said person so offering or using the same, or who attempts to offer or use the same, or which does not belong to such person, or which is altered, forged, defaced or changed in any respect, except such changes as are required or authorized by law. Sec.13-57 Occup~in~ or Sleepin~ in Certain Places and in Vehicles Prohibited A. It shall be unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop or other building or structure without owning the same or without permission of the owner or person entitled to the possession of the same, or sleep in any vacant lot or any public place whatsoever during the hours of darkness. B. It is unlawful for any person to occupy any vehicle upon any city street, alley, way or other public area if the purpose for such occupation is the use of the vehicle as a permanent or temporary residence. -15- RECORD OF PROCEEDINGS 100 Leaves Sec. 1~_$9 Peddlers and Solicitors Prohibited From Going Onto Private Residences; Exception A. It shall be unlawful for solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise to go in or upon private residences in the city, not having been requested or invited so to do by the owner or occupant of such private residences, for the purpose of soliciting orders for the sale of goods, wares, and merchandise, or for the purpose of disposing of or peddling or hawking the same, subject to the exceptions stated in subsection B. Such action is deemed an offense and is punish- able as a violation of this Code. B. Subsection A. above shall not be applicable to persons representing charitable, recreational, or civic enterprises. Sec.13-61 Vendors Not to Use Streets and Parks Except under special contract with the City, no person shall use the streets, sidewalks, parks or parkways for the storage, display, or sale of goods, wares, or merchandise or to place or permit portable display signs on streets, sidewalks, parks or parkways. The prohibitions of this section shall not apply to any person who has been granted a special permit by any administrator or agency of the City authorizing such activity and who otherwise shall comply with all relevant provisions of the Municipal Code. Sec.13-63 Vendors Not to Obstruct Public Ways It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise, -16- RECORD OF PROCEEDINGS 100 Leaves to make any unnecessary sound or noise, to obstruct any sidewalk or other place of a public nature, or to disturb or impede other persons. Sec.13-65 Curfew for Minors A. For the purpose of this section the following words are herewith defined as follows: (1) Minor. A "minor" is defined as any person who has not attained the age of eighteen (18) years. (2) Parent. A "parent" is defined as any person who is the natural parent of a minor or who has been given legal custody of a minor or who has the care and control of a minor, either permanently or temporarily. B. It shall be unlawful for any minor to loiter, linger, wander or play on the public streets, highways, alleys, roads or other public grounds, public places and public buildings, vacant lots or other unsupervised places within the city, between the hours of 11:00 P.M. and 5:00 A.M. the following day. The provisions of this section do not apply to those minors who are accompanied by their parents or where the minor is upon legitimate business directed by or at the request of his parents or is under the supervision of an adult person with the knowledge of his parents. C. It shall be unlawful for any parent to permit any minor to loiter, linger, wander or play on the public streets, highways, roads, alleys or other public grounds, public places and public buildings, vacant lots or other unsupervised places between -17- RECORD OF PROCEEDINGS 100 Leaves De Sec. 13-67 A. the hours of 11:00 P.M. and 5:00 A.M. the following day; provided, however, that the provisions of this section do not apply where the minor is accompanied by his parent, or where the minor is upon legitimate business directed by or at the request of his parent, or is under the supervision of an adult person with the knowledge of his parent. The fact that the minor is upon the streets, highways, alleys or other public places as defined in this section, between the hours of 11:00 P.M. and 5:00 A.M. the following day, shall be prima facie evidence that the parent is guilty of violating this section. Littering of Public or Private Property Prohibited Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits a violation of this section unless: Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or (2) The litter is placed in a receptacle or container installed on such property for such purpose; or (3) Such person is the owner or tenant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, -18- RECORD OF PROCEEDINGS 100 Leaves or unless the act is done under the personal direction of said owner or tenant. The term "litter", means all rubbish, as used in this section, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description. C. The phrase "public or private property", as used in this section, includes, but is not limited to, the right-of-way of any street or highway; and any body of water, ditch, or watercourse, including frozen areas, or the shores thereof; any park, playground, or building; any refuge, conservation, or recreation area; and any residential or business property. D. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted such litter to have been so thrown, deposited, dropped, or dumped therefrom. Sec.13-69 Abandonment of Motor Vehicles Prohibited Any person who abandons any motor vehicle upon a street, highway, right-of-way, or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of such private property com~aits the violation of abandonment of a motor vehicle. -19- RECORD OF PROCEEDINGS 100 Leaves B. To "abandon" means to leave a thing with the intention not to retain possession of or assert ownership over it. The intent need not coincide with the act of leaving. C. It is prima facie evidence of the necessary intent that: (1) The motor vehicle has been left for more than seven (7) days unattended and unmoved; or (2) License plates or other identifying marks have been removed from the motor vehicle; or (3) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or (4) The owner has been notified by a law enforcement agency to remove the motor vehicle, and it has not been removed within three (3) days after notification. Sec.13-71 Maintaining Inoperable Vehicles Prohibited A. The City Council finds that junked, wrecked, dismantled, inoperable, discarded or abandoned vehicles in and upon real property within the city is a matter affecting the health, safety and general welfare of the citizens of Aspen, Colorado, for the following reasons: (1) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents; (2) They are a danger to persons, particularly children, because of broken glass, sharp -20- RECORD OF PROCEEDINGS 100 Leaves metal protrusions, insecure mounting on blocks, jacks, or supports and because they are a ready source of fire and explosion; (3) They encourage pilfering and theft, and constitute a blighting influence upon the area in which they are located thereby causing a loss in property value to surrounding property; (4) They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and structures. For the purposes of this section the following definitions shall apply: (1) "Inoperable" means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed. (2) "Vehicle" means any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time. Except as provided in sections D. and E. , it shall be unlawful for any person, partnership, corporation, or their agent, either as owner, lessee, tenant or occupant of any lot or land within the city to park, store or deposit or permit to be parked, stored or deposited thereon, an inoperable vehicle unless it is enclosed in a garage or other building. -21- RECORD OF PROCEEDINGS 100 Leaves EJ The provisions of subsection C. shall not apply to any person, partnership or corpora- tion or their agent with one (1) vehicle inoperable for a period of thirty (30) consecutive days. The provisions of subsection C. shall not apply to any person, firm, or corporation or their agent who is conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen vehicles from the view of the public using the streets and sidewalks and to prohibit ready access to such vehicles by children; provided, however, that nothing in this section shall authorize the maintenance of a public nuisance. Existence of any of the following conditions shall raise the presumption that a vehicle is inoperable: (1) Absence of an effective registration plate or safety inspection sticker upon such vehicle; (2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports; (3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways. -22- RECORD OF PROCEEDINGS 100 Leaves Whenever an informal complaint is made to the police chief or to any other appropriate city official or member of the city council regarding an alleged violation of subsection 13-71 , or whenever any police officer or sanitation officer of the city observes an apparent violation of subsection 13-71 , a police officer or sanitation officer shall within seven (7) days thereafter cause a written notice to be served upon the person in possession or the owner of the real property upon which such inoperable vehicle is located. Such notice shall inform such person of the violation and direct that he take action within seven (7) days after receipt of such notice to comply with subsection 13-71 or that prosecution will be commenced for violation thereof. If compliance is not made as directed, prosecution proceedings against the responsible person or persons shall be commenced. Sec. 13-73 Keeping of Junk Prohibited A. It shall be unlawful to keep, store, or provide for the collection of junk within the city and that the keeping, storage, or collection of junk within the city is hereby declared to be a nuisance and is detrimental to the health, safety, convenience and general welfare of the citizens thereof. Junk is hereby defined to be any old, used or secondhand materials of any kind, including, without limitation, cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, tires, -23- RECORD OF PROCEEDINGS 100 Leaves brass, copper, or other metal, furniture, refrigerators, freezers, all other appliances, the parts of used motor vehicles, machines, apparatuses and contrivances, and parts thereof, which are no longer in use, any used building material, boards or other lumber, cement blocks, bricks, or brick bats, or other secondhand building material, or any dis- carded machinery, tractors, trucks, or automobiles, or any other article or thing commonly known and classified as junk. C. The keeping, storage or collection of junk shall not be deemed unlawful or a nuisance when and if same is kept, stored or collected in completely enclosed buildings, and this section shall not apply to any premises where a licensed motor vehicle dealer or a farm implement dealer conducts his or their business. D. Each act or omission in violation of one (1) or more than one (1) of the provisions hereof shall be deemed a separate violation of such provision, and for each calendar day during which any violation continues, a separate violation shall be deemed to have been committed. Sec.13-75 Abandoned Iceboxes and Refrigerators Regulated It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building -24- RECORD OF PROCEEDINGS 100 Leaves structure or dwelling under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has a door or lid, snaplock or other locking device which may not be released from the inside, without first removing such door or lid, snaplock or other locking device. Sec.13-77 Survey Monuments, Markers and Stakes; Removal Prohibited A. It shall be unlawful for any person to remove any permanent survey monuments, markers or stakes established, placed or installed by the city without having first obtained the approval of the city engineer. B. In the event any person shall find it necessary by reason of practical difficulty in the use of the land or through the construction or erection of improvements thereon, or by reason of a change, alteration, repair, construction, erection or installation of a public improve- ment, to remove and relocate any of the perma- nent survey monuments, markers or stakes, such person shall apply to the city engineer for authority to remove or relocate the survey monument involved and shall specify in detail the reason therefor. The city engineer shall examine such application and shall inspect the location of the monument involved, and if after the examination and inspection the city engineer shall find that the survey monument should be removed or relocated, he shall grant such person the authority and permission to remove -25- RECORD OF PROCEEDINGS 100 Leaves De or relocate such monument and shall specify the manner in which the survey monument shall be removed or relocated. No permanent survey monument, marker or stake shall be removed except by a person licensed as a land surveyor under the laws of the state. In the event a permanent survey monument, marker or stake in the city is removed as provided in section B. , the surveyor involved shall file with the city engineer a plat showing in detail the new location of the survey monument and shall also file written field notes therewith as may be directed by the city engineer. The city engineer shall keep a permanent record of all such plats and field notes filed with him pursuant to this section and the record thereof shall be avail- able at all times to the general public. If any person shall destroy, mutilate, damage or remove any permanent survey monument, marker or stake in the city, except as provided by this Code, he shall be liable to the city for all costs and expenses incurred by the city in restoring the survey monument to its original condition and proper location, and such costs and expenses may be collected by the city on proof thereof in a civil court of competent jurisdiction. This remedy shall be in addition to all other remedies available to the city for a violation of any provision of this Code. -26- RECORD OF PROCEEDINGS 100 Leaves Sec. 13-79 Radio Interference Prohibited A. It shall be unlawful for any person to operate within the limits of the city, any electrical device, machine or equipment which needlessly and unnecessarily causes interference with radio reception, which such interference can be reasonably prevented by means of repair, adjustments, the installation of corrective appliances or other practicable alterations. B. The administration and enforcement of this section shall be entrusted to and imposed upon the building inspector or other designated municipal officer whose duty it shall be to investigate complaints of radio interference, to locate the source of such interference, to advise and make recommendations as to its elimination, and who is hereby authorized to issue orders for such repairs, adjustments, or alterations to be complied with within a reasonable length of time, as shall be practi- cable and reasonably necessary to prevent the continuance of such interference. C. The building inspector or other designated official shall, upon presentation of his badge or other evidence of his authority, have the right of access to any premises at any reason- able hour for the purpose of inspecting this installation and operation of any device or equipment coming within the provisions of this section. Sec. 13-81 Unauthorized Interception of CATV Television Signals Prohibited -27- RECORD OF PROCEEDINGS 100 Leaves It shall be unlawful for any person to intercept within the City of Aspen the television signals of any cable TV company, by means of a connection with the cable over which such signals are transmitted or otherwise without the prior authorization of the transmitting company. Sec.13-83 Permits Required for Parades, Assemblies Meetings and It shall be unlawful for any person to organize, sponsor or participate in a meeting, assembly, or parade attended by ten (10) or more persons in or upon the public streets, sidewalks or public parks within the City of Aspen unless and until a permit to conduct such parade, meeting, or assembly has been applied for and obtained, as hereinafter provided, and unless such event is conducted in accordance with the terms set forth in such permit. Application for a permit shall be made on a form prepared and made available by the city manager. The form, filled in with the requested informa- tion and signed by at least one of the organizers of the proposed parade, meeting, or assembly, shall be filed with the chief of police at least three (3) full days, exclusive of Sundays and legal holidays, before the event for which a permit is requested. The application form may require a disclosure of the name or names of the individuals who are the principal organizers or sponsors or who are officers of any sponsoring organization; the parks, streets -28- RECORD OF PROCEEDINGS 100 Leaves or sidewalks to be utilized; the date and hour of the event; the number of persons expected to participate in and attend the event; and such additional information as the city manager shall deem pertinent to proper police planning for the event. Within twenty-four (24) hours following the filing of the application, the chief of police shall either issue the permit for the time and place proposed in the application, deny the application, or issue a permit for a different time or place or on conditions different than proposed in the application. The chief of police shall issue the permit for the time and place set forth in the application unless he finds that the proposed meeting, assembly or parade would likely: (1) Conflict as to time or place with a meeting, assembly or parade for which a permit previously shall have been granted; (2) Prevent the safe and orderly movement of traffic contiguous to the parade route or contiguous to the place of the meeting or assembly; (3) Require the diversion of so great a number of police officers in order to properly police the parade, meeting, or assembly as to prevent normal police protection to the city, considering all available police personnel. -29- RECORD OF PROCEEDINGS 100 Leaves If the chief of police finds that the proposed event likely would cause any of the conditions specified above in the preceding sentence, the chief of police shall deny the application or shall issue a permit for a different time or place or on conditions different than proposed in the application. All permits shall be in writing, signed by the chief of police, and shall contain the names of all persons who signed the application and the names of all organizations listed in the application; the type of event authorized; and when and where it shall occur. All denials shall be in writing and signed by the chief of police and shall set forth the reasons for denial. Any applicant not satisfied with the action taken by the chief of police with regard to the appli- cation shall have the right to take successive appeals, first to the city manager, then to the City Council, and then to the municipal court, or the applicant may if he desires appeal directly from the chief of police to the municipal court. An appeal to the city manager shall be taken by filing with the city clerk a signed statement that the applicant desires to appeal to the city manager, and by filing also a copy of the application and the written denial or the permit objected to. An appeal to the city council shall be taken by filing with the city clerk copies of the application, denial or permit, and in addition the written decision issued by the city manager and a signed statement that the -30- RECORD OF PROCEEDINGS 100 Leaves applicant desires to appeal to the city council. An appeal to the municipal court shall be taken by filing all of said documents, or copies thereof, with the clerk of the muni- cipal court together with the decision issued by the city manager and a signed statement that the applicant desires to appeal to the municipal court. Each appeal must be taken within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the filing of any such appeal. A hearing shall precede a decision by either the city manager, city council or municipal court and advance notice of the hearing shall be given to the applicant and the chief of police as soon as practicable after the appeal is filed. At the hearing, the chief of police shall have the burden of justifying the denial of the application or the granting of the permit on conditions different than those proposed in the application. The decision of the city manager, city council, or municipal court shall be in writing, and either shall affirm the action of the chief of police or shall order him to issue the permit as applied for or for a different time or place or on conditions different than those proposed in the application. Each decision shall be communicated as soon as practicable to the applicant and the chief of police. Nothing in this section shall be deemed to prohibit a further appeal by the applicant to the District Court for Pitkin County. -31- RECORD OF PROCEEDINGS 100 Leaves Sec. 13-85 Interference with Public Process Prohibited No person shall willfully refuse or fail to leave any public building owned, operated or controlled by the state, county or city upon being requested to do so by an officer charged with maintaining order in such building, if such person has committed, is committing, threatens to commit, or incites others to commit, any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, process, procedures or functions being carried on in such public building. No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at, or in, any public building, willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into the chambers or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session. -32- RECORD OF PROCEEDINGS 100 Leaves Sec.13-87 Lost and Confiscated Property - Procedures Disposal A. for The words "lost and confiscated property" mean: (1) Property which has been lost or stolen from the owner thereof and which has been turned over to an employee or department of the city; or (2) Property which has been confiscated according to law by a police officer of the city and the owner's possession of the property is unlawful, or the owner's identity and whereabouts are not known, and cannot be reasonably determined, by any member of the police department or by any other city employee. This definition shall not be deemed to include pets or other animals, nor motor vehicles. Until such time as an item of lost or confiscated property has been sold according to the provi- sions of section D. , or reclaimed by the owner or other persons entitled to the possession of such item, each such item shall be retained in the custody of the chief of police. All such property shall be kept at facilities of the city provided for that purpose, and the chief of police, or someone designated by him, shall keep records pertaining to the receipt and disposition of all such property. Such records shall be open to public inspection at all reasonable times. -33- RECORD OF PROCEEDINGS 100 Leaves The chief of police shall cause to be held at periodic intervals public sales at which lost or confiscated property shall be offered for sale to the highest bidders. No item of lost or confiscated property shall be offered at any such sale unless the item has been in the custody of the chief of police for not less than thirty (30) days. No such item shall be offered for sale which is the subject of any civil or criminal judicial proceeding involving, directly or indirectly, a determination of the ownership of such property. If it is determined in any such civil or criminal judicial proceeding that the individual claiming the ownership or right of possession of such item is not en- titled thereto as against the city, such items shall then be offered for sale at the next regularly scheduled public sale. A notice of each public sale, giving the date, hour, place and general description of the property to be sold, shall be published once a week for two consecutive weeks in a newspaper of general circulation in the city. The sale shall be had not less than fifteen (15) days from the date of the first publication, zany item of lost or confiscated property can be reclaimed by the owner thereof, or by the person entitled to the possession thereof, at any time prior to the commencement of the public sale. Any item of lost or confiscated property which, in the judgment of the chief of police will -34- RECORD OF PROCEEDINGS 100 Leaves deteriorate substantially if not disposed of prior to the time when the property could be offered for public sale in accordance with section C. , may be offered for sale to the public at a special sale. No prior notice of such sale need be given if it would constitute an unreasonable delay. The proceeds from such special sale shall be kept in a special fund for a period of thirty (30) days from the date of the sale. If, at any time during such thirty (30) day period any person establishes his ownership, or right to possession, of the item sold, the proceeds from the sale of that item shall be delivered to that person. When lost or confiscated property is offered for sale pursuant to the terms of this chapter and there is no bid for the same, the city manager shall declare the same to be sold to the city for the amount of the cost of storage, advertisement, and sale and shall place the items in the custody of such departments of the city as he in his sole discretion may determine and for the sole benefit and use of the city. The proceeds from regular and special sales shall be delivered to the director of finance. He shall pay from such sale proceeds the expenses of storage, advertisement, and sale. The balance of proceeds from regular sales shall be placed into the general fund. Proceeds in the special fund required by section E. shall be transferred to the general fund after the period for reclaiming such proceeds has passed. -35- RECORD OF PROCEEDINGS 100 Leaves Sec.13-89 Investigate A. Be The owner, or other person having the right to possession, of any item of lost or confiscated property sold at any public sale conducted in accordance or substantially in accordance with the provisions of this division shall be barred from asserting any claim against the city or against the proceeds held by the city, from and after the date of the sale, except to the extent provided in section E. with respect to the proceeds of a special sale claimed within thirty (30) days thereof. Prohibition A~ainst Nuisances; Right of Entry to A public nuisance is a substance, act, occupation, condition or use of property which is of such nature and shall continue for such length of time as to: (1) sub- stantially annoy, injure or endanger the comfort, health, repose or safety of the public; (2) in any way render the public insecure in life or in the use of property; (3) unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway or other public way. In all cases where no provision is made defining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and statutes of Colorado as nuisances may, in -36- RECORD OF PROCEEDINGS 100 Leaves case the same exist within the City of Aspen, be treated as such and proceeded against as in this article provided, or in accordance with any other provision of law. Any person in the city who is responsible for any nuisance as provided in this section and who shall fail to abate the same after the giving of adequate notice shall be in violation of this Chapter and subject to the penalties herein provided. Where a nuisance exists upon private property, and is the outgrowth of the usual, natural or necessary use of the property, the owner or owners thereof or his or their agents are hereby declared the authors thereof; but where any such nuisance shall arise from the unusual use to which any such property may be put, or from any business thereon conducted, the occupant or occupants shall also be deemed the author or authors thereof; and any person who shall by himself or an agent cause or create the same shall be deemed the author of such nuisance. Complaints of nuisances may be made to the city manager, city sanitarian, building inspector, fire marshall, chief of police, or any other city official. Whenever possible any complaint shall state the nature of such nuisance, the location including street address, name of the owner, agent or occupant of the building or lot, if known, and the name and address of the complainant. -37- RECORD OF PROCEEDINGS 100 Leaves Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever an authorized representative of the city shall have reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, the city manager, building inspector, fire marshall, city sanitarian or police officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty inposed on any of them. Provided that if such building or premises be occupied, such person shall first present proper credentials and demand entry; and if such bulding or premises be unoccupied, he shall first make a reasonable effort to locate the owner and/or occupant or other person or persons having charge or control of the building or premises, and upon locating said owner, occupant or other person or persons shall present proper credentials and demand entry. If entry is refused, such person shall give the owner and/or occupant, or if said owner and/or occupant cannot be located after a reasonable effort, he shall leave at the building or premises, a twenty-four hours' written notice of intention to inspect. The notice given to the owner and/or occupant or left on the premises as aforesaid, shall state that the property owner has the right to refuse entry and that in the event such entry is refused, -38- RECORD OF PROCEEDINGS 100 Leaves inspection may be made only upon issuance of a search warrant by a municipal judge of the City of Aspen, or judge of any other Court having jurisdiction. After the expiration of said twenty-four hour period from the giving or leaving of notice, the city manager, building inspector, fire marshall, city sanitarian, policeman, or any of them, or their authorized representative, may appear before the municipal judge of the Municipal Court of the City of Aspen and upon a showing of probable cause shall obtain a search warrant entitling him to enter said building or upon such premises. Upon presentation of said search warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, said person may enter into said building or upon said premises using such reasonable force as may be necessary to gain entry. For the purposes of the above subsection, a determination of "probable cause" will be based upon reasonableness, and if a valid public interest justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant. It shall be unlawful for any owner and/or occupant of said building -39- RECORD OF PROCEEDINGS 100 Leaves or premises to resist reasonable force used by any authorized agent acting pursuant to this section. I. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this ordinance, the city manager, building inspector, fire marshall, city sani- tarian or police officer, or the authorized representative of any of them, upon a presenta- tion of proper credentials or identification, in the case of an occupied building or premises, or possession of said credentials in the case of an unoccupied building or premises, may enter into any building or upon any premises within the jurisdiction of the City of Aspen. In said emergency situation such person or his authorized representative may use such reason- able force as may be necessary to gain entry into said building or upon said premises. J. For purposes of the above subsection, an emergency situation shall include, but not be limited to, any situation where there is imminent danger of loss of life, limb and/or property. It shall be unlawful for any owner and/or occupant of said building or premises to resist reasonable force used by the authorized official acting pursuant to this subsection. Sec. 13-91 Abatement of Nuisances A. Each and every nuisance declared or defined by any ordinance of the city or otherwise is hereby prohibited, and the city manager or chief of -40- RECORD OF PROCEEDINGS 100 Leaves police is hereby authorized, in their discretion, to cause the same to be summarily abated in such manner as they may direct subject to the limitations herein provided. Upon authorization of the city manager or chief of police, if any nuisance found to exist shall cause such imminent danger to the life, limb, property or health as to require immediate abatement, any such nuisance may be summarily abated by action of the city manager, chief of police, police agent, building inspector, fire marshall, or city sanitarian. In the case of any nuisance not requiring summary abatement, it shall be the duty of the city manager or chief of police to cause notice to be served upon the person responsible for any nuisance which may be found, requiring said person to abate the same in a reasonable time and in such reasonable manner as prescribed, and such notice may be given or served by any officer directed or deputized to give or make the same. In causing notice to be served, the city manager or chief of police may authorize city officials, inspectors or any other appro- priate city employee to issue notice of abate- ment. The reasonable time for abatement shall not exceed fourteen (14) days unless it appears from the facts and circumstances that compliance could not reasonably be made within fourteen (14) days or that a good faith attempt at compliance is being made. Such notice shall be in writing, signed by the official issuing -41- RECORD OF PROCEEDINGS 100 Leaves the same and shall be personally served upon the person responsible for said nuisance if said person occupied the premises upon which said nuisance exists, but if not occupied by said responsible person then by posting the same prominently at some place on the premises upon which said nuisance exists. If service is by posting as aforesaid, then a copy of said notice shall also be mailed by certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Pitkin County, Colorado, at the address of such owner as therein shown. If, after notification, a nuisance is not voluntarily abated, the following procedures shall apply: (1) Upon notification, if the person so notified shall neglect or refuse to comply with the requirements of said notice to abate the nuisance within the time specified, such person shall be guilty of a violation of the Municipal Code, and the city manager, chief of police and city attorney, or their authorized agent, may proceed at once, upon the expiration of the time specified in such notice, to commence appropriate legal action to cause such nuisance to be abated; provided, that if the owner or person responsible for said nuisance is unknown or cannot be found, the city -42- RECORD OF PROCEEDINGS 100 Leaves (2) (3) manager may proceed to abate such nuisance after notice has been posted for the period equal to the time specified to abate said nuisance. In either case, the expense of such abate- ment shall be collected from the person who caused, created, continued or suffered said nuisance to exist. When any person has responsibility for a nuisance and such nuisance shall exist or be found and said responsible person fails to abate the same after the giving of such notice as provided for in this ordinance, within the time limited therein, or as extended, then the City Attorney is authorized to institute proceedings in a court of competent jurisdiction to obtain a judicial determination that such nuisance exists, to abate such nuisance, to enjoin the same, and for such other and further relief as may seem necessary or proper, including but not limited to the costs and expenses of abatement. Upon a judicial determination that a nuisance exists, the chief of police may be authorized to abate said nuisance or cause the same to be abated, employing such forces and persons as may be necessary to abate the same, including the employees of the city or by contract or otherwise. All other city officials -43- RECORD OF PROCEEDINGS 100 Leaves Sec.13-93 A. and employees are hereby authorized and directed to render such assistance to the chief of police as may be required for the abatement of such nuisance and in connection with the enforcement thereof. (4) Any officer or employee of the City of Aspen who shall be authorized herein to abate any nuisance specified in this ordinance shall have authority to engage the necessary assistance and incur the necessary expenses thereof. In any case where a nuisance is to be abated by the city, it shall be the duty of said authorized person to employ such assistance and adopt such means as may be necessary to effect abatement of said nuisance. It shall also be the duty of the city or any of its representatives to proceed in all abatement cases with due care and without any unnecessary destruction of property. Abatement of Nuisances; Costs of Abatement The person or persons responsible for any nuisance within the city shall be liable for and pay and bear all costs and expenses of the abatement of said nuisance, which costs and expenses may be collected by the city in in any action at law, referred for collection by the city attorney in his or her discretion, or collected in connection with an action to abate a nuisance, or assessed against the property as hereinafter provided. -44- RECORD OF PROCEEDINGS 100 Leaves The notice required by this ordinance shall, in addition to other requirements herein, state that if the nuisance is not abated within the time stated in the notice, the cost of such abatement may be assessed as a lien against the property (describing the same) pursuant to the terms of this ordinance, referring to this ordinance, together with an additional five (5%) percent assessment for inspection and incidental costs and an addi- tional ten (10%) percent assessment for costs of collection, and collected in the same manner as real estate taxes against the property. If the owner of the property is not personally served with a copy of such notice, then a true copy of such notice shall be mailed by registered or certified mail, return receipt requested, to the owner of such property as shown upon the tax rolls of Pitkin County, Colorado, at the address of such owner as therein shown. If after the expiration of the period of time provided for in said notice, or as extended, costs or expenses are incurred by or on behalf of the city in the abatement or in connection with the abatement of the nuisance, and said costs are not otherwise collected, then the Director of Finance may thereafter certify to the City Clerk the legal description of the property upon which such work was done, to- gether with the name of the owner thereof as -45- RECORD OF PROCEEDINGS 100 Leaves De shown by the tax rolls of Pitkin County, Colorado, together with a statement of the work performed, the date of performance, and the costs thereof. Upon receipt of such a statement from the Director of Finance, the City Clerk shall mail a notice to the owner of said premises as shown by said tax roll, at the address shown upon the tax rolls, by first class mail, postage prepaid, notifying such owner that work has been performed pursuant to this ordinance, stating the date of performance of the work, the nature of the work and demanding payment of the costs thereof (as certified by the Director of Finance), together with five (5%) percent assessment for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount be not paid within thirty (30) days of mailing the notice, it shall become an assessment on and a lien against the property of said owner, describing the same, and will be certified as an assessment against such property together with the ten (10%) percent assessment for costs of collection, and the above-mentioned assessments will be collected in the same manner as a real estate tax upon the property. If the Clerk shall not receive payment within the period of thirty (30) days following the mailing of such notice, the Clerk shall inform -46- RECORD OF PROCEEDINGS 100 Leaves the City Council of such fact and the Council shall thereupon enact an ordinance assessing the whole cost of such work including a charge of five (5%) percent of said whole cost for inspection and other incidental costs in connection therewith upon the lots and tracts of land upon which the nuisance was abated, and together with a charge of ten (10%) percent of said whole costs for costs of collection. F. Following the passage of such ordinance, upon second reading, the Clerk shall certify the same to the County Treasurer, who shall collect the assessment, including the ten (10%) percent charge for cost of collection, in the same manner as other taxes collected. G. Each such assessment shall be a lien against each lot or tract of land until paid and shall have priority over other liens except general taxes and prior special assessments. Sec.13-95 Abatement of Nuisances; Remedies Cumulative No remedy provided herein shall be exclusive, but the same shall be cumulative, and the taking of any action hereunder, including charge or conviction of violation of this ordinance in the Municipal Court of the City of Aspen, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist. Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and when applicable the -47- RECORD OF PROCEEDINGS 100 Leaves abatement provisions of this chapter shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under the municipal ordinances or any other provision of law. Sec. 13-97 Nuisances Declared The following are hereby declared to be public nuisances within the City of Aspen and subject to the provisions of this code. A. A contaminated or impure well or cistern shall be deemed a nuisance when the water therein is used for human consumption. B. Dumping, throwing or placing any rubbish, cans, boxes, debris, grass clippings, or other waste materials on any public place in the City is hereby declared to be a nuisance and prohibited. Dumping of waste materials in a public dump specifically designated by order of the City Manager as a dump in compliance with such regulations as the City Manager may direct shall not be deemed a violation of this section. C. It shall be unlawful and shall constitute a nuisance for any person to pile, store or allow to accumulate any rubbish, trash, garbage, weeds or animal feces on any lot or real estate within the city which could harbor and -48- RECORD OF PROCEEDINGS 100 Leaves conceal harmful vermin, rodents or insects, or which are unsafe, unhealthy or unsightly to persons or public. It shall be unlawful and constitute a nuisance for any person to expose, convey, or place or cause to be exposed, conveyed or placed in any street or public place any substance, animal or thing to the prejudice of the public health. It shall be unlawful and shall constitute a public nuisance for any person to maintain any property or building or any other structure in the City of Aspen in a condition which is in violation of the Building Code of the City of Aspen or the Zoning Ordinance of the City of Aspen." Section 2. General Penalt~ Authorization A conviction for a violation of any section, or subsection of a section, of this chapter, unless otherwise provided to the contrary in this chapter, shall be subject to a fine not to exceed Three Hundred ($300.00) Dollars or imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment. Section 3. Construction and Interpretation of Chapter As to the sections included in Chapter 13 by this ordinance, it is the intention of the City Council that those which deal with matters of "local" concern supercede the laws of the State of Colorado. cern, it is well as Further, various On those which deal with matters of "mixed" con- the intention of the City Council for such laws as the laws of the State of Colorado to be applicable. and again on matters of "mixed" concern, none of the sections are to be construed to expressly or by implication -49- RECORD OF PROCEEDINGS 100 Leaves permit conduct which is illegal under the laws of the State of Colorado. The City Council acknowledges the law of the State of Colorado applies and the act is prohibited. In addition, the various sections are to be construed to apply to misdemeanors only and are not to be interpreted so as to apply to conduct which is defined as a felony under the laws of the State of Colorado. Section 4. Effect of Re-enactment and Repeal The repeal, or the repeal and re-enactment verbatim or in amended form, of certain sections of Chapter 13 of the Municipal Code of the City of Aspen, as above shall not constitute a bar to the prosecution and punishment of an act or acts already committed in violation of the section so repealed or repealed and re-enacted or the prosecution of a violation of any other section in which such section or sections is or are used or otherwise involved. All sections repealed, or repealed and re-enacted, by this ordinance shall remain in full force and effect for the purpose of sustaining any and all actions, suits, proceedings, prosecutions instituted, and the penalties imposed therefore which arose prior to the effective date of the within ordinance. Section 5. Repealer All sections, or parts of sections of the Municipal Code for the City of Aspen, as amended, or ordinances, or parts of ordinances in conflict or inconsistent herewith, are hereby repealed, provided, however, that the repeal of any section or parts of sections of the Municipal Code of the City of Aspen, or any ordinance or part thereof, shall not revive any other section of said Code, ordinance or ordinances, heretofore repealed or superceded. -50- RECORD OF PROCEEDINGS 100 Leaves Section 6. Specific Repealer There are hereby specifically repealed the following sections of the Aspen Municipal Code: Section 22-5 "Sleeping in motor vehicle forbidden," Section 19-4 "Obstructions by persons or assemblage," and Section 10-2 "Littering prohibited." Section 7. Severability If any provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 8. Public Hearing A public hearing on this ordinance shall be held pursuant to the requirements of the Aspen Home Rule Charter on the ./~ day of ~ :.:!i~.: , 1974, at ~-,'~-~, P.M., in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the~ity of Aspen, Colorado at its regular meeting held~ ~ ~..~-~A;/~ ~ ~'~: ~ ~ , 1974. . , ..."// - ' ~! Stacy/~n~iey iii / -~ City Clerk RECORD OF PROCEEDINGS 100 Leaves FINALLY ADOPTED, PASSED AND APPROVED this ATTEST: day of City Clerk STATE OF COLO~%DO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves~ City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced~ read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on September 23 , 1974 , and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of September 26 , 1974, and was finally adopted and approved at a regular meeting of the City Council on October 15 _., 197__4, published as Ordinance No., 46 , Series said City, as provided by law. and ordered of 1974 , of IN WITNESS WHEREOF, I have hereunto set my hand and the 16th of Aspen, Colorado, this seal of said City day of October.. , 1974 . SEAL ~-~rraine 'Graves, City Clerk