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HomeMy WebLinkAboutordinance.council.020-70REGORD OF PROGEEDINGS 100 LEAVES ORDINANCE NO. ~O AN ORDINANCE AMENDING CHAPTER 1, TITLE 6 OF THE OFFICIAL CODE OF THE CITY OF ASPEN, ENTITLED "GENERAL OFFENSES", TO INCLUDE AS AN OFFENSE THE OPERATION OF ANY TYPE OF VEHICLE, MACHINE, DEVICE OR OTHER ACTIVITY WHICH CREATES AN EXCESSIVE OR UNUSUALLY LOUD NOISE: SETTING THE ALLOWABLE NOISE LIMIT AT 80 DECIBELS AT 25 FEET ON THE A-WEIGHTING SCALE; PROVIDING THAT THE CITY MANAGER MAY GRANT A VARIANCE TO THE TERMS HEREOF AND OTHER EXCEPTIONS; SETTING THE MAXIMUM PENALTY FOR A VIOLATION HEREOF AT A FINE NOT TO EXCEED $300.00 OR 90 DAYS IN JAIL; AND, SETTING FORTH DETAILS IN RELATION TO THE FOREGOING. WHEREAS, noise above a certain level is physically detrimental to individuals and to the community as a whole; and, WHEREAS, the noise level within the City of Aspen has increased, due to a greater number of vehicles, industry and other noise sources; and, WHEREAS, the City Council is of the opinion that steps should be taken within the City of Aspen to control and restrict the noise level; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Chapter 1 being entitled "General Offenses" of Title 6 of the Official Code of the City of Aspen is hereby amended by the following section: "6-1-48. Noise Prohibited. (a) The making and creating of an excessive or un- usually loud noise within the City of Aspen as heard without measurement or heard and measured in the manner prescribed in Section 6-1-48 (c)(3), is hereby declared to be unlawful; except when made under and in compliance ~ with a permit issued pursuant to Section 6-1-48 (e) and (g).?' (b) No person shall operate any type of vehicle, machine, device or carry on any other activity in such a manner as would be a violation of 6-1-48 (a). (c) For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this article, the following RECORD OF PROCEEDINGS test measurement and requirements may be applied; provided, however, a violation of Section 6-1-48 may occur without the following measurements being made: (1) The noise shall be measured within the City of Aspen at a distance of at least 25 feet from a noise source located within the public right-of-way and if the noise source is located on private property or public property other than the public right-of-way, at least 25 feet from the property line of the property on which the noise source is located. (2) The noise shall be measured on a decibel or sound level meter of standard design and quality operated on the "A" weighting scale. (3) A noise measured or registered as pro- vided above from any source more than 80 decibels on the "A" weighting scale in intensity shall be and is hereby declared to be excessive and un- usually loud and is unlawful. (d) Any person, partnership, association or corp- oration violating the provisions of this section shall be fined not more than $300.00 or no more than 90 days in jail and court costs; provided, however, that each offense or violation of this section shall be deemed a separate and distinct offense. (e) Applications for a permit for relief from the noise level designated in this ordinance on the basis of undue hardship may be made to the City Manager or his duly authorized representative. Any permit granted by the City Manager hereunder shall contain all con- ditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The City Manager, or his duly authorized representative, may grant the relief as applied for if he finds: (1) That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this ordinance;or, (2) The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with Section 6-1-48(a), and, (3) That no other reasonable alternative is available to the applicant; and, RECORD OF PROCEEDINGS (4) The City Manager may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the continuity of the surrounding neighborhood. (f) The requirements, prohibitions and terms of this ordinance shall not apply to any authorized emergency vehicle, when responding to an emergency call, or acting in time of emergency. (g) The terms of this section shall not apply to those activities of a temporary duration, permitted by law and for which a license or permit therefore has been granted by the City, including but not limited to parades and fireworks displays." Section 2: If any provision of this ordinance or the application thereof to any person or circumstances 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 application, and to this end the provisions of this ordinance are declared to be severable. Section 3: This ordinance shall not be construed as in conflict or inconsistent with the General Offenses provision of the Official Code of the City of Aspen, including "disturbing the peace", "loud speakers and sound trucks", "mufflers - unnecessary noise" and "idling of mufflers - nuisance". Section 4: A public hearing on the ordinance shall be held at ~ /~/??~ at o~.'~p.m, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular mee~j%ing he~d at the City of Aspen on the c=~ day of ~.z~.~f.~,~ , 1970. /' ATTEST: · //~ // CITY CLERK FINALLY adopted, passed and approved on the day of ~J~/ , 1970. ATTEST: CITY CLERK STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, reading at a__ regular the City of Aspen on August 24 and passed on first meeting of the City Council of , 1970, and published in the Aspen Times, .published in the City of Aspen, August 27 ., 197 0 , approved at an adjourned on September 17 , 197 0 Ordinance No. 20 , Series provided by law. IN WITNESS WHEREOF, I seal of said City of Aspen, Colorado, day of September , 197 a weekly newspaper of general circulation Colorado, in its issue and was finally adopted and meeting of the City Council , and ordered published as of 197 0 , of said City, as have hereunto set my hand and the this 17th 0 SEAL Lorraine Graves, City Clerk