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HomeMy WebLinkAboutordinance.council.026-73RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 26 (Series of 1973) AN ORDINANCE AMENDING SECTION 13-23 OF THE MUNICIPAL CODE MAKING IT UNLAWFUL TO POSSESS OR HAVE IN CONTROL ANY MALT, VINOUS OR SPIRITUOUS LIQUORS UPON ANY STREET, ALLEY, SIDE- WALK OR OTHER PUBLIC PROPERTY IN A CONTAINER WHICH IS NOT SEALED OR UPON WHICH THE SEAL IS BROKEN. WHEREAS, the Aspen Municipal Code at present prohibits the drinking of fermented malt beverages, malt, vinous or spirituous liquors upon any street, alley, sidewalk or other public property in the city, and WHEREAS, the city council wishes to further protect against consumption of these beverages in public areas by prohibiting the possessing of unsealed containers on the city streets, alleys, sidew~.lks and other public property; now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That section 13-23 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Section 1~-23 Drinking liquor or open container on public property prohibited. (a) It shall be unlawful £or any person to drink any fermented malt beverages, malt, vinous or spirituQus liquors upon any street, alley, sidewalk or other public property in the city. (b) It shall be unlawful £or any person to possess or to have in his control on any street, alley, sidewalk or other public property in the city, any malt beverages, malt, vinous or spirituous liquors in any containers of any kind which are not sealed or upon which the seal is broken. Included in the word 'seal' shall be any regular seal applied by the U. S. government over the cap of all malt, vinous or spirituous liquors." RECORD OF PROCEEDINGS 100 Leaves Section 2. I£ any provisions o£ this ordinance or the application thereo£ 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 application, and to this end the provisions of this ordinance are declared to be severable. Section 3. A public hearing on this ordinance shall be held on Monday, September 24, 1973, at 5 p. m. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, on the 10th day of September, 1973. ATTEST: ~,,/ City Clerk Stacy St~dley III Mayor~ ~ / FINALLY ADOPTED, PASSED, (as amended) this -~TEST: ~ ~ APPROVED AND ORDERED PUBLISHED day of // ,/4973. ~ !i/"-/mSat;~Yr~ndley II~ / STATE OF COLORADO) ) ss COUNTY OF PITKIN ) ~ ~lI, Lorraine Graves, CERTIFICATE City Clerk of Aspen, Colorsdo~ reading at a regular meeting of City of Asoen on September,24 ed in do hereby certify that the above and foregoing ordinance was introduced, read in full, and ~assed on first the City Council of the ,1~73, and .ublish- the Aspen Times, a weekly newsoaoer of general cz-~ul- ation, published in the City of Asoen, Colorado, in its issue of September 27 , 1773, an~ was finally as amended adopted and anoro~e~at a regular meeting of the City ,1973~and ordered published Series of 1973, of said City, as Council on October 15 as Ordinance No. 26 orovided by law. IN WITNESS %~EREOF, I have hereunto set my hand and the seal of said City of Asnen, Colorado, this 16th ~ay of October ~ lq7 3. ~~~Clerk