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HomeMy WebLinkAboutordinance.council.044-90 i. . I' lId' .1 l ['; I..~ ORDINANCE NO. - (Series of 1 9 ) AN ORDINANCE REPEALING AND REENACTING SECTIONS 16-3(b) (2), 16- 3(b) (2) (a) and 16-3(b) (3) (a) OF THE ASPEN MUNICIPAL CODE PROVID- ING FOR THE REGULATION OF AMPLIFIED MUSIC WHEREAS, the Environmental Health Department and the Commer- cial Core and Lodging cOIDID1ssion wish to regulate the use of amplified music in the City of Aspen; and WHEREAS, the City Counc11 of the City of Aspen has deter- mined that such regulation benefits 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1 That Sections 16-3(b) (2) and 16-3(b) (2) (a) of the Mun1cipal Code of the City of Aspen, Colorado, are hereby repealed and reenacted to read as follows: "(2) Radios, television sets, amplified musical instruments, tape players, record players and similar devices: (a) using, operating or permitt1ng the use or opera- tion of any radio receiving set, ampl1fied musical instrument, television phonograph, tape player or other machine or device for the production or reproduct1on of sound, unless a permit as prov1ded in section 16-7 is f~rst obtained." section 2 That Section 16-3 (b) (3) (a) of i:he Municipal Code of the city of Aspen, Colorado, is hereby repealed and reenacted to read as follows: "e . . "(a) Using or operating a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any vehicle in or upon any street, alley, side- walk, mall, park, place or public property for the pur- pose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons unless a permit as provided in Section 16-7 is f1rst obtained." Section 3 If any section, subsection, sentence, clause, phrase or port1on of this ordinance is for any reason held invalid or unconst1tutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the val1dity of the remaining portions thereof. Section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances 1n effect prior to the effective date of this ordinance, and the same shall be cont1nued and concluded under such prior ordinances. I Section 5 A public hearing on the ordinance shall be held on the day of , 1990, 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 day of , 1990. 2 i~ '. " william L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this , 1990. day of william L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 3