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HomeMy WebLinkAboutordinance.council.033-07 ORDINANCE NO. 33 Series of 2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND CERTAIN SECTIONS OF TITLE 18 OF THE ASPEN MUNICIPAL CODE. WHEREAS, the City has adopted amendments to Chapter 8.56 of the Aspen Municipal Code relating to Construction Management Plans; and WHEREAS, said amendments to Chapter 8.56 contradict certain provisions of Chapter 18.04 of the Aspen Municipal Code; and WHEREAS, the City Council desires to amend certain Sections of Chapter 18 of the Aspen Municipal Code to avoid said contradictions in the Aspen Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. That Section 18.04.040 of the City of Aspen Municipal Code is hereby amended to read as follows: Sec. 18.04.040 Noises prohihited a) General prohibitions. It shall be unlawful, with penalties provided in this Code, Section 1.04.080, for any person to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following: (I) Horns and signaling devices. The intentional sounding of any horn or signaling device of a motor vehicle on any street or public place continuously or intermittently, except as an emergency warning device. (2) The sounding of a security alarm for more than five (5) minutes. (3) The repair, rebuilding or testing of any motor vehicle during nighttime. (4) Operating or permitting the operation of any motor vehicle or motorcycle not equipped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises therefrom; operating such vehicle in a manner as to constitute unreasonable, disturbing noise that constitutes a nuisance. (5) Dynamic braking devices (commonly referred to as Jake Brake). Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger. (6) Noisy parties. Congregating because of or participating in any party or gathering of people during nighttime in such a manner as to disturb the peace. (7) The playing of any radio, phonograph, musical instrument, outdoor speakers, televisions or any device in such a manner as to disturb the peace off nearby persons, particularly during nighttime. (8) The yelling, shouting, whistling, or singing on the public streets or private property at nighttime in such a manner as to disturb the peace. (9) The use ofleafblowers other than electric-powered leaf blowers. (10) Construction on Sundays in any zone district. (11) The use or firing of explosives, firearms or similar devices which create loud sounds. Section 2. That Section 18.04.050 of the City of Aspen Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Sec. 18.04.050 Allowed Noises based on time of day and other restrictions 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. Section 3. That Section 18.04.070 of the City of Aspen Municipal Code, relating to noise suppression plans, is hereby repealed in its entirety. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: 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. A public hearing on the ordinance shall be held on the 27th day of august, 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 on the 13th day of August 2007_. Attest: ~LA-~ thryn S. , City Clerk FINALLY, adopted, passed and approved this 4th day of September, 2007.