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Home My WebLink About2009-04 an Ordinance Amending Chapter 5-1, Public Nuisances, to Minimize the Potential Negative Effects of Construction Work Lighting I ~ ORDINANCE NO. 4 SERIES 2009 AN ORDINANCE AMENDING CHAPTER 5-1, PUBLIC NUISANCES, TO ~ MINIMIZE THE POTENTIAL NEGATIVE EFFECTS OF CONSTRUCTION i WORK LIGHTING, AND SETTING FORTH DETAILS IN REGARD THERETO. ~ WHEREAS, the Town Council finds and determines that the nighttime operation of ~ construction work lighting directed at adjacent properties and right-of-ways creates a public i nuisance; and, WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting after the associated construction activities have ceased creates a public nuisance; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 5-1, Public Nuisance, Vail Town Code, must be amended to address the potential negative affects of construction work lighting; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 5-1, Public Nuisances, of the Vail Town Code is hereby amended in part as follows (text to be deleted is in stFikethsagk4, text that is to be added is bold, and sections of text that are not amended have been omitted) 5-1-11: CONSTRUCTION WORK LIGHTING: The purpose of this section is to minimize the possible negative effects of construction work lighting on adjacent properties within the town. A. All artificial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on-site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpose of illuminating construction work activities directed at an adjacent property or public way within the town shall be deemed a ~ public nuisance. B. All artificial light sources operated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial light source operating between sunset and sunrise for the purpose of illuminating construction work activities that remains in operation after the associated construction activities have ceased shall be deemed a public nuisance. C. This section shall not apply to lighting required for identifying hazards or illuminating road construction. 1 I ~ f ~ ~ D. This section shall not apply to any outdoor lighting otherwise regulated by Section 14-10-7, Outdoor Lighting, Vail Town Code. 5-14412: CREATION OF NUISANCE PROHIBITED: No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through 5-140 11 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-14-811 of this chapter within the town. 5-14-213: INVESTIGATION; ABATEMENT NOTICE: The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a request for abatement to any person in control of any public nuisance. Any request for abatement delivered by the town council shall be in writing and shall state the nature of the nuisance or nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty of any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement from the town council within the time specified in the request. 5-1-4314: ABATEMENT PROCEDURE: In addition to or in place of proceeding under section 5-14-2 13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town council may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5-1- 2 through 5-14-0 11 of this chapter within the town; provided, that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5-14-2 13 of this chapter for the violation of any of the provisions of this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain the nuisance shall be admissible against such person in any proceeding under section 5- 14-2 13 of this chapter instituted for any violation of the provisions of this Chapter occurring subsequent to the hearing. 5-1-4415: CIVIL REMEDY NOT PRECLUDED: No provision of this chapter shall be construed as prohibiting any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5-1-2 through 5-14-0 11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. 5-14-516: VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-4-1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. , 2 ~ Section 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 effect 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. Section 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 i inhabitants thereof. i ~ Section 4. The amendment of any provision of the Town Code as provided in this i ordinance shall not affect any right which has accrued, any duty imposed, any violation that I occurred prior to the effective date hereof, any prosecution commenced, nor any other action or ; proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ! Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, 'inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall ~ not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore ~ repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of February, 2009 and a public hearing for second reading of this Ordinance set for the 17th day of February, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. O F p.N''V~p Richard D. Cle e a , a ~ : SEAL ~eS ••~~'••z....••' c~LORP` ' rel i Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of February, 2009. l Richard D. CI veland Mayor Attest: N'RIP V ° \ " ~C . orel i Donal son, Town Clerk ; SEAL • . . : . . c°~oRao° ~ ~ f