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TC Ord. No. 1988-13• • ORDINANCE NO. 88- 13 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 5.24 as follows: 5.24.010 Permit Required. A. It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors, within the Town, a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck without a permit obtained pursuant to part B hereof. B. Application for a permit shall be made to the Town Clerk on forms provided by her. Such application shall be acted upon by the Town Clerk in accordance with an administrative procedure which shall be approved by the Town Council by resolution. 5.24.020 Special Permit Required - Public Hearing. A. It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors in any zone district allowing commercial uses before 8:00 A.M. or after 10:00 P.M. or in Nottingham Park before 9:00 A.M. or after 8:00 P.M., a loud speaker or sound amplifying equipment in a fixed or moveable position or mounted upon any sound truck without a permit obtained pursuant to part B hereof. B. Application for a permit shall be made to the Town Clerk on forms provided by her. Such application shall be acted upon by the Town Council after public hearing in accordance with an administrative procedure which shall be approved by the Town Council by resolution. 5.24.030 Prohibited Acts. A. It is unlaw- ful for any person other than an employee of any local or the state or federal government, whether or not a permit has been obtained, to install, use or operate outdoors, in any zone district not allowing commercial uses, before 9:00 A.M. or after 8:00 P.M., a loud speaker or sound amplify- ing equipment in a fixed or moveable position or mounted upon any sound truck. B. It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other than music or the human voice or a combination thereof. e • • Section 2. Penalty for Violation. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a violation of this Ordinance and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such persons, firm or corporation shall be punished by a fine of not more 'Chan $500.00 or by imprison- ment for not more than 90 days, or by both such fine and imprisonment. Section 3. Severability. If any part, section, 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 for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive c_: --hr 'ac- -.:hat any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 27th day of September , 1988 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 11th day of October , 1988 at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Yom) \ Allan R Notti' ham, Mayor ;AT ~T Patricia . Doy:~ mown Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 11th day of October , 1988. Allan R Nottin am, Mayor A 7EST: atricia J.(/boyle own Clerk A/BC2091988 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 11TH DAY OF OCTOBER, 1988, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 88-13, SERIES OF 1988: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing the Council may consider final passage of this ordinance. This notice is given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 27th day of September, 1988. AVON, COLO BY: atricia J.(/Ooyle4 Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 29 , 1988: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC., AND; THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY