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HomeMy WebLinkAbout1988-20 Amending Section 8.24.060 H Amplified Sounds of the Vail Municipal Code to Provide that in Nonresidential Zone Districts, Sound Amplifying Equipment for Commercial Purposes is Prohibited Between 10:00PM and 8:00AM~- ORDINANCE PJO. ZO Series of 1988 AN ORDINANCE AMENDING SECTION 8.24.060 H AMPLIFIED SOUNDS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO PROVIDE THAT IN NONRESIDENTIAL ZONE DISTRICTS, SOUND AMPLIFYING EQUIPMENT FOR COMMERCIAL PURPOSES IS PROHIBITED BETWEEN THE HOURS OF 10:00 P.M. AND 8:00 R.M. OF THE FOLLOWING DAY. r~ WHEREAS, Section 8.24.060 H Zd provides that in all other zones except residential zones, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day; and WHEREAS, many of the restaurants located in the nonresidential zone districts of the Town of Vail continue serving dinner until 10:00 p.m. and wish to have amplified music for the entertainment of their patrons during the time they serve dinner; and WHEREAS, the Tawn Council does not believe that an extension of the time amplified sound is permitted in nonresidential zones from 9:00 p.m. until 10:00 p.m. will be detrimental to the inhabitants of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF' THE TOWN OF VAIL, COLORADO: 1. Section 8.24.Ob0 H 2d is hereby amended to read as follows: 18.24.060 H 2d In all other zones except such portions thereof as may be included within one hundred {100) feet of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 10:00 p.m. and 8:00 a.m. of the following day. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right Y ~.~ .. .. . which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby sha17 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day of July , 1988, and a public hearing shall be held on this Ordinance on the 19th day of July 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of July 1988. ,d~1`T~'ST: '~ r '~'~ -~ .) ; l Pa~n~1 ul Jr~~y~?I~,rti~,~~dmeyer, Town C1 erk C ~ Jo n C. Slevin, Mayor Pro Tem ~, INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 2nd day of ~;,,~r 1988 Kent ~'. Rose, Mayor ~ }}kllllfilllU r, ,. ~ ~~ ,,~ ~, rt '~,~Pame1a A. Br,andrneyer, Town Clerk ~~~ .,~~~ r. r) f , i) 4~ ~~ ,,~ '~rrrr1ii~~ssi~~~~ i ., ~, _Z_ a~ .~ ....,,Public Notice':..°, .~~ -~ OgOIHANCE N0. 94 ~ " BaHaa at 1933 ~ AN ORDINANCE AMENDING SECTION . ~1r~ ~w r ICWF OF P11B1 ~CATION 3.24.OS0.H AMpI.IFIEp 80UND9 OF THE PROVIDE THAb h NONAE I O . pENT S IAI. ZONE DISTRIC79; SOVfpOAMPLIFYFNO EOIIIPMENT' STATE OF COLORADO } ) FOR COMMEfiC IAL " pURPOSE3 fS ' PROHI~ITEO gE'1W EEN T~1E HOURS OF 10x0 ? Ss. P.M. AND S:Ob AAt. OF THE FOL4O441N0 DAY. S COUNTY OF EAGLE e n at o ~ ~ e t r th i h a~ = orte exaep[ reaken lal xonee AT.TxEN KNO7C the operation ar use of sound amplitying' I. ___-. _ _._~_______ do solemnly swear that I am equipment for cammeicW puryosea 6 txohl6Red,,,, Pub 1 i f3he r the __ -.~_.- _ of THE VAIL TRAIL,: that the same is a weekly newspaper between ihs houre W 9:60 p.m. and BA0 a.m. m'; ins souoaing day; end printed, In wl~ole or In part and published in the County of Eagle State o! Colorado WHEREAS, many of tRe reataurams located ~~~ I m k u d . , and has a genoral clrculatian therein; that said newspaper has been published n e nanree en ar zone ierrlcta al the rown or Va8 continue aeMng dinner until tOb0 p.m. and conf Inuously and unintemlptedly in said County of Eagle fora rind Of more than wlan td have amplflied music Iar t h e fif~-two consecutive wtTeks next prior to the Arst publication of ThB ann6X9d IeQ61 enlarteinmant of [hair pavorm during the time no Ice or odvertlsement; that Bald newspaper has begin admftted to the Un€ted they serve dinner; and Slates mails as socond class matter under the provisions Of the Act Of March 3, 1679, WHEREAS, rho Town Council does hot believe that an eatenafon of Ins clots arrollned or any amendments thereof, and that sold newspaper IS a weekly newspaper duly sound la parmirted In noreeeWan3al =ones from , qua€Ifled for publishing legal notices and advertisernen#s within the meanin of She 9,'00 P m. Un1El 10:00 p.m. wHl be deldmental to g laws Df thB StaLo Df CDlOtadO the lnhebhante al the Tarn. ' , That 1hc~ ann©xod legal notice or advarflsoment was published In thv regular and NOW, THEREFORE, SE IT OADAINED SY THE TOWN COUNCIL OFTHE TOWN OF VAIL. entkQ Issue of evory number of said weekly newspaper for the period of ~~t-~• COLORADO: ame dedlto read ee follows4 Q69 H Zd is hereby consecutive insertions; and that xhe first publ€catlon of sold notice was In the issueof 18.24.080 H 2d +n all other loose ewcep! such porllona /~ Sold newspaper doled ~ ~2c ~,~ d.~~,;•z AD. 19 ~ and that the last - thereat es may be Included t•9thin one hundred {100) feel or any residenflal =one, the aperellon 11 Of see OI aaund amplflying equipment for publieatlon of sold nntleo was in the issue of Bald newspaper dated comrrnrclal purposes fe proRibked between the h0ws al g.Yl(1 10:00 p.m. and 9:00 e.m. a1 the ~'~ ! /r } .=7 -Z __,.~,4p, 19 h §~ fdbwing day. SECTION 2. K any part. section, auhaectlon, A ~,5 r sentence, clause or phtabs of thla Orelnance k 7 r I In witness whereof I hwe hvreunta sat my hand thl~ ' ~ day of for any lesson ha}d to be bvaild, such declebn ., snarl not open me vaudny of me remaining , C~~X.F/y I `~% y ~ O A(~ ~9 c~ fj portions of Ihla Ordinance; and the Town Council _.I hereby declares n would have pealed ihfa ' r Ordinance and each part, iaclfon, iubiecllon. ' eentence, douse or phrase thereat, repatdleas ~~ of the last that any one at more perta, eedlons, ,.; sBbseCilaaB, 6ahlences, clauses or phrases be ,? tlaclered Irrvalid, t SECFION 3. Tha Town Coundl hereby Ilnda, ' _ _ _ ----- tir' -+,~ delerminea and declares That thla Ordinance is necessary end proper la the heeNh, as}cry end ' Subscribed and sworn #o bo ~~e mn, a notary public In and Q Colln#y Of EagIB, welfare of the Town of Yar and the hhabl[enfe State Of Colorado. this ~LL'._.._doy of l~l'~£.7 L/.~C.I A, D. 19 ~ b/ thereof. SEOTION 4. The repeal or the repeal and reenactment at any pravlakn al the Munlclpel Code pl the Town o1 Vafl ag provided 3n this Ordinance shall not affect any right which hee r II $ 1 !., J 7 1 C y7 / ~~ sawed, any duly Irrrpoaed, any vlolatlon [hat occurred pilaf to the eflecllve dale hefeal, any ~ U l Ja~ ~ • l.G! r J f7 l ;,. proae~Ulbn CoRklleMAd: RM RBy olhai aCt4M bt ^, J ' preCBed{rlge a8 a0iTRlenCBd VRdet Or by V;r1ae ' ~-~~ ~ Cf ~ ~ ` at',Iha pravfalon repealed or repealed end f Th i i h l M d b c My commission expires e e repea any prpv en ere y feanac . a aheFl not revive any provision er any ordinance ' previously repealed or iuperaedetl anises aapreaely elated herein. ~~ INTRODUCED. READ )+Np APPROYEp ON ~, FIRST pEADING`AND ORDERED PUSLISHED.,,~~ ONCE IN FULL this 19th dap of July, 1083 and a ~ p9hlic hearing ihalf be heM on Ihls OrdlR+nce ~ od1 [he 79th day d July, 1983 of y~0 p.m. In the ' ' Counefl Chambers of the. Ya9 Munleip+E Sullditg, VaN, Cobrado. 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