HomeMy WebLinkAboutordinance.council.005-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 3-'
(Series of 1975)
AN ORDINANCE AMENDING SECTIONS 13-35 AND 13-51 OF THE ASPEN
MUNICIPAL CODE AND ESTABLISHING A NEW SECTION 13-68 OF
CHAPTER 13; WHICH AMENDMENTS PROVIDE FOR THE PUNISHMENT OF
DISCHARGING BOWS, BLOWGUNS, SLINGSHOTS, GUNS OR OTHER DE-
VICES AT ANY BUILDING, VEHICLE OR PERSON OR IN ANY PUBLIC
PLACE; WHICH ALSO PUNISHES THE BRANDISHMENT OF ANYTHING
APPEARING TO BE A DEADLY WEAPON WHEN CALCULATED TO ALARM;
AND PROHIBITING THE DISBURSING OR PLACEMENT OF HANDBILLS
IN OR ON VEHICLES OR IN PUBLIC PLACES, BUT PROVIDING FOR
DISTRIBUTING NON-COMMERCIAL HANDBILLS IF RECEIVED BY A
RECIPIENT; AND IMPOSING PENALTIES OF NOT MORE THAN THREE
HUNDRED ($300.00) DOLLARS OR NINETY (90) DAYS IMPRISONMENT
ON VIOLATION OF ANY OF THE ABOVE
WHEREAS, there have been recommended by the City
Attorney changes to the Aspen criminal code and the City
Council wishes to adopt the same,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 13-35 of the Municipal Code of the City
of Aspen, colorado, is hereby repealed and re-enacted to read
as follows:
"Sec.13-35 Unlawful to Throw Stones, Snowballs, Guns
and Other Missles
It shall be unlawful for any person to throw any
stone, snowball or other missile, or discharge any
bow, blowgun, slingshot, gun, catapult, or other
device, upon or at any vehicle, building, or other
public or private property, or upon or at any person,
or in any public way or place which is public in
nature."
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Section 2
That Section 13-51,
code of the City of Aspen,
Subsection I, of the Municipal
colorado, is hereby repealed and
re-enacted to read as follows:
"I. Not being a police officer, displays a
deadly weapon, or what reasonably appears to
be a deadly weapon, in a public place in a
manner calculated to alarm."
Section 3
That the Municipal Code of the city of Aspen, colorado,
is hereby amended by adding a section which said section reads
as follows:
"Sec. 13-68 DistribUting Handbills in Public.
Places; Placement on Vehicles
A. No person shall distribute, throw or deposit
any commercial or non-commercial handbill in
or upon any vehicle or in any public place,
provided, however, that it shall not be un-
lawful on any sidewalk, street or other public
place within the city for any person to hand
out or distribute, without charge to the
receiver thereof, any non-commercial handbill
to any person willing to accept it. Recip-
ients of such items, however, shall not discard
the same except in conformity with this chapter.
For purposes of this section a commercial hand-
bill is any printed or written matter, sample
or device, circular, leaflet, pamphlet, paper or
booklet which advertises for sale any merchandise,
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produce, commodity or thing; or which directs
attention to any business, commercial establish-
ment or other activity for the purpose of either
directly or indirectly promoting the interest
thereof by sales; or which directs attention
to or advertises any meeting, theatrical
performance, exhibition or event for which an
admission fee is charged for the purpose of private
gain or profit; or which, while containing reading
matter other than advertising matter, is pre-
dominantly and essentially an advertisement for
private benefit or gain.
A non-commercial handbill is any printed or
written matter, sample or device, circular, leaf-
let, pamphlet, paper or booklet not included in
the aforesaid definitions of a commercial hand-
bill."
Section 3
Any act prohibited herein
exceeding Three Hundred ($300.00)
a period of not more than ninety
and imprisonment.
is punishable by a fine not
Dollars, or imprisonment for
(90) days or both such fine
Section 4
If any provision 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
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or applications of this ordinance are declared to be sever-
able.
Section 5
A public hearing on this ordinance shall be held on
the /~day of ~C~'c~3~ , 1975, at 5 P.M. in the city
Council Chambers, Aspen City Hall, Aspen, colorado.
INTRODUCED, READ AND ORDERED published as provided by
at its regular
law by the City Council of the City of Aspen,
meeting held~, 1975
ATTEST:
Kathryn ~auter
City Clerk
FINALLY ADOPTED AND APPROVED ON
1975.
ATTEST:
city Clerk
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STATE OF COLORADO )
) ss
COUN%~f OF PITKIN )
CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on .~~
reading at a regular meeting of~the City Council of the
City of Aspen on ~ ~ ' - , 197 h'~ and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of ~-'~~,~.~/ ~_,.*/~ , 197-6--, and was finally adopted
and approved at a regular meeting of the City Council on.
~ /~ , 197 ~-, and ordered published as
/
Ordinance No. .~- , Series of 197,~-~, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto
the seal of said City of Aspen, Colorado,
set my hand and
this
Kathryn ~. Hauter, City Clerk