HomeMy WebLinkAboutordinance.council.024-03 Ordinance NO. oQ~ (Series 2003)
AN ORDiNANCE AMENDiNG SECTION 18.04.050(3), NOISE ABATEMENT, OF
THE MUNICIPAL CODE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO
WHEREAS, the Environmental Health Department has determined that this ordinance
requires a variance sectiOn for governed special events within the City of Aspen; and
WHEREAS, The City COuncil of the City of ASpen has determined that the
aforementioned changes benefit the health and welfare of the residents and visitors to the
City of Aspen;
NOW, THEREFORE BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That section 18.04.050(3) of the Municipal Code of the City of Aspen, Colorado is
hereby repealed and re-enacted to read as follows:
(3) Special Events or other events to which the public is invited with the
following conditions:
(a) The maximum decibel level at theperimeter of the ewmt does not exceed
100 decibels; and
(b) Amplified noise shall be created only between the homes of 9:00 a.m. and
9:00 p.m.; and
(c) Neighbors within two hundred fifty (250) feet of the site of the proposed
sound source are notified. Such notification must be in writing and be
done seven (7) days prior to the starting time of the event; and
(d) The arrangement of loud speakers or the sound instruments must be such
that it minimizes the disturbance to others resulting from the position or
orientation of the speakers or from atmospherically or geographically
Caused dispersal of sound beyond the property lines; and
(e) All reasonable measures are taken to baffle or reduce noise impacts on the
neighbors; and
(f) Event organizers agree to cooperate with the Police Department in
addressing noise complaints from neighbors, which may include the
termination of the event.
(g) Organizers of special events governed by the City of Aspen Special Event
code (14.20.030(f)) may request a variance from noise restrictions to the
City of Aspen Special Event Committee.
(1) The variance request shall include reasons why the variance should be
granted, how the public good will outweigh impacts on neighbors and
other factors supporting the request.
(2) If approved, the variance shall contain all conditions upon which said
variance has been granted, including, but not limited to, the effective
date(s), time(s) of day, location, sound pressure level, or equipment
limitation. The Special Event Committee may prescribe any
reasonable conditions or requirements deemed necessary to minimize
adverse effects upon the community or the surrounding neighborhood.
(3) Decisions on variances by the Special Event Committee may be
appealed to the city council. An appeal shall be made by filing with the
city clerk a signed statement that the appellant desires to appeal to the
city council, along with a copy of the application and the written
denial or the permit objected to. Each appeal shall be filed within two
(2) days, exclusive of Saturdays, Sundays and legal holidays, of the
decision appealed from. The right to appeal to city council shall be
contingent upon c~ty council's regular meeting schedule.
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.
Section 4
A pubhc hearing on the ordinance shall be held on the/'~ day of ~/~,_, 2003, in the
City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, C(~rado.
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 28th day of April 2003.
· ATTEST :
Katl~ .yn~ S..~dch, C~ty Clerk
FINALLY adopted, approved and passed this 12th day of May 2003.
~ ATTEgTi.~. ·
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