CITY OF CRAIG, COLORADO ORDINANCE NO. 995 AN ORDINANCE AMENDING EXISTING CHAPTER 9.42 CONCERNING NOISE REGULATIONS.

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1 CITY OF CRAIG, COLORADO ORDINANCE NO. 995 AN ORDINANCE AMENDING EXISTING CHAPTER 9.42 CONCERNING NOISE REGULATIONS. WHEREAS, current regulations do not adequately address noise sources, levels, variances request and procedures the City Council fins need to amend current provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRAIG, COLORADO: read: Chapter 9.42 (Noise) and all subsections of that chapter are hereby amended to Chapter 9.42: Noise Sections: Definitions Unreasonable Noise Prohibited Unlawful noise; sound level Motor vehicle maximum sound levels Prohibited noise activities Amplified sound Variances Exemptions Violation; classification Definitions. A. The following definitions shall apply in the interpretation and enforcement of this chapter, except as otherwise provided: 1. "A" weighted sound pressure level means the sound level as measured with the sound level meter using the "A" weighting network. The standard unit notation is db(a). 2. Commercial purpose means and includes the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to, advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment. 1 August 27, 2009

2 3. Commercial district means the following: a. An area where offices, clinics and the facilities needed to serve them are located; b. An area with local shopping and service establishments; c. A tourist area where hotels, motels and gasoline stations are located; and d. A business strip along a main street containing offices, retail businesses and commercial enterprises; e. Other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. Commercial district includes but is not limited to any parcel of land zoned as C Commercial power equipment shall mean any equipment or device rated at more than five (5) horsepower and used for building repairs or property maintenance excluding snow removal equipment. 5. Construction activities means any and all activities incidental to the erection, demolition, assembling, altering and installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling. 6. Device means any mechanism which is intended to produce or which actually produces sound when operated or handled. 7. Domestic power equipment shall mean any equipment or device rated at five (5) horsepower or less and used for building repairs or grounds maintenance excluding snow removal equipment. 8. Dynamic braking device means a device used primarily on trucks for the conversion of the motor from an internal combustion engine to an air compressor for the purpose of braking. 9. Emergency work shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions. It includes work by private or public entities for providing or restoring immediately necessary service as well as all situations deemed necessary by the city. 10. Industrial district means an area in which enterprises and activities which involve the manufacturing, processing or fabricating of any commodity are located. Industrial district includes but is not limited to any parcel of land zoned as D-1 light industrial district or D-2 heavy industrial district. 2 August 27, 2009

3 11. Motor vehicle means any vehicle such as but not limited to a passenger vehicle, truck, trailer or semi-trailer propelled or drawn by mechanical power, and includes motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled. 12. Muffler means an apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus. 13. Noncommercial purpose means the use, operation or maintenance of any soundamplifying equipment for other than a commercial purpose. Noncommercial purpose means and includes but is not limited to philanthropic, political, patriotic and charitable purposes. 14. Plainly audible means that the information content of sound is unambiguously transferred to the auditor, such as but not limited to understanding of spoken speech, comprehension of raised or normal voices, or comprehension of musical rhythms. 15. Premises shall mean any building, structure, land, utility or portion thereof, including all appurtenances, and shall also include yards, lots, courts, inner yards and real properties without buildings or improvements, owned or controlled by a person. 16. Property line shall mean that real or imaginary line and its vertical extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling-unit building, condominium, or townhouse complex shall not be considered property lines separating one (1) premises from another. 17. Public premises shall mean all real property including appurtenances thereon which is owned or controlled by any governmental entity and shall include streets, alleys, parks and waterways. 18. Receptor premises shall mean the premises (residential, commercial, industrial, or public) as listed in Table A which is receiving noise emitted from the source premises after crossing one (1) or more property lines. 19. Residential premises shall mean any premises where single or multiple dwelling units exist and shall include primary schools, churches, nursing homes and similar institutional facilities including any commercial premises where the use of more than fifty (50) percent of the gross floor area meets this definition of residential premise. 20. Residential district shall mean an area where single-family or multiple-family dwellings, high-rise apartments and high-density residential districts are located. Residential district also includes but is not limited to hospitals, nursing homes, homes for the aged, schools, courthouses and similar institutional facilities. Residential district also includes but is not limited to land zoned as R-1 single-family residential district, R-2 twofamily residential district, R-3 multi-family residential district and T-1 trailer home district under Title August 27, 2009

4 21. Sound-amplifying equipment shall mean any machine or device for the amplification of a human voice, music or any other sound, or which the human voice, music or any other sound is amplified. 22. Sound level meter shall mean an instrument or apparatus including a microphone, an amplifier, an output meter and weighting networks for the measurement of sound pressure. The output meter reads sound levels when properly calibrated and the total instrument is of type 2 or better, as specified in the American National Standards Institute Publication S , or successor publications. 23. Sound pressure level shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter ( Newtons/meter 2 ), and is expressed in decibels (db). 24. Source premises shall mean the premises (residential, commercial, industrial, or public) as listed in Table A that is emitting noise that is crossing one (1) or more property lines and impacting the receptor premises. 25. Snow removal equipment shall mean any equipment used for removing snow from land or building surfaces including, but not limited to; snow plows, snow blowers, snow sweepers, and snow shovels. 26. Tree maintenance equipment shall mean any equipment used in trimming or removing trees only and shall not be limited to chainsaws, chippers and stump removers. 27. Unreasonable noise shall mean any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. B. All technical terminology used in this chapter, unless the context otherwise requires, shall be defined in accordance with American National Standards Institute (ANSI) publication S , revised 1971, or successor publications of ANSI or its successor bodies. (Ord , 1981; Ord, (8), 1979) Unreasonable noise prohibited. A. No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation, except when made under and in compliance with a variance issued pursuant to Section Noise which is measured as provided in Section and which exceeds the sound levels set forth in Section , and noises which are described in Section , are presumptively unlawful. 4 August 27, 2009

5 B. For purposes of this Section, members of Police Department are empowered to make a prima facie determination as to whether a noise is unreasonable, which determination may be based upon, but need not be limited to, a consideration of the following factors: 1. The time of day; 2. The size of any gathering of persons creating or contributing to the noise; 3. The presence or absence of noise amplification equipment; and 4. Any other factors tending to show the magnitude and/or disruptive effect of the noise. C. In any prosecution charging a violation of this Section, proof that the owner or tenant of the premises upon which the unreasonable noise occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur Unlawful noise; sound level. A. It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table 1 of this section. It is further unlawful for any person to emit or cause to be emitted any noise within the public premises in excess of the limits defined in Table The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this chapter. 2. When it is determined that the ambient sound level at the receiving premises equals or exceeds the maximum allowable sound pressure level specified in Table 1, then the ambient sound level is the standard which cannot be exceeded by the source. B. No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour. TABLE 1 Sound Level Limit db(a) Day Night Use District 7 a.m.- 8 p.m. 8 p.m.--7 a.m. Residential Commercial Industrial Motor vehicle maximum sound levels. 5 August 27, 2009

6 A. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle muffler systems exceeds the levels set forth below: Vehicles class (GVWR) Speed limit where posted 35 mph or less [sound pressure level db(a)] Speed limit where posted greater than 35 mph [sound pressure level db(a)] Motor vehicles with a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kg) or more, or by any combination of vehicles towed by such motor vehicle Any other motor vehicle or any combination of vehicles towed by any motor vehicle, to include but not to be limited to automobiles, vans, light trucks or any motorcycle with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4,536 kg) B. No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound level emitted exceeds the limits set forth in This Section shall apply to all motor vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, ATV s, OHV s, amphibious crafts, campers and dune buggies. C. Noise shall be measured at a distance of at least twenty-five (25) feet from the lane being used. D. The muffler noise shall be measured on a sound level meter. (Ord , 1981; Ord (2), 1979) Prohibited Noise Activities; special cases. A. The following noises shall be unlawful: 1. With regard to the operation of motor vehicles, and without limiting the generality of Section above, unreasonable noise shall include, but not be limited to: a. Operating or allow to be used or operated any loudspeaker, public address system, radio, tape player, disc player or other sound-amplifying equipment in or on a motor vehicle in such a manner as to be plainly audible at twenty-five (25) feet from the motor vehicle unless a variance has been issued by the City Clerk which allows such amplification. If such a variance has been issued, the intensity 6 August 27, 2009

7 and loudness of any amplified sound which is transmitted shall comply with the provisions of Section b. The continuous or repeated sounding of any horn or signal device of a motor vehicle, except as a danger signal provided in Chapter For the purposes of this Subsection, continuous shall mean continuing for an unnecessary or unreasonable period of time. c. The operation of any motor vehicle in a manner which causes excessive noise as a result of an unlawful, defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal. d. The creation of, by means of a horn or audible signaling device, a sound level in excess of ninety (90) db(a) at fifty (50) feet (15 meters) from the front of the vehicle, regardless of the need for a danger warning; e. Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger; B. Using, operating or permitting the use or operation of any radio receiving set, musical instrument, television set, phonograph or other machine or device for the production or reproduction of sound in such manner as to be plainly audible through party walls within a building or plainly audible at fifty (50) feet from such device when operated within a vehicle parked on a right-of-way; C. The operating, using or permitting to be operated or used any refuse compacting vehicle which creates a sound level in excess of eighty (80) db(a), at twenty-five (25) feet (7.5 meters) directly to the rear of the vehicle; D. Operating or permitting the operation of any motor of a motor vehicle in excess of ten thousand (10,000) pounds, manufacturer's gross vehicle weight, or any attached auxiliary equipment, for a consecutive period longer than ten (10) minutes while such vehicle is standing on a public right-of-way in a residential district, or is on private property in a residential district and is not within a completely enclosed structure; and E. No person shall operate any construction equipment nor conduct any construction activities between the hours of 9:00 p.m. and 7:00 a.m. that exceeds the noise limits of Table 1, in section ; provided, however, that the police department may grant variances from the construction restrictions if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours Amplified sound. A. It is unlawful for any person to install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position, or attached to or mounted upon any motor vehicle within a residential district, for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons; provided, 7 August 27, 2009

8 however, that a variance as described in Section may be applied for, for activities such as but not limited to concerts, speeches or lectures held in public parks of the city. B. It is unlawful for any person to install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position, or attached to or mounted upon any motor vehicle within a commercial or industrial district for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons without first obtaining a variance pursuant to Section (Ord , 1981; Ord (4), 1979) C. A person commits a violation of this chapter if he or she uses or operates soundamplifying equipment: 1. Out-of-doors, except between 7:00 a.m. and 8:00 p.m.; 2. Indoors, but for projection of the sound so as to reach a person out-of-doors, except between 7:00 a.m. and 8:00 p.m.; 3. At a sound level higher than necessary to accomplish the purposes for which a variance from the city clerk was granted and at levels higher than those authorized in Table 1; or 4. Within five hundred (500) feet of any place where a public council, board or court is in session Variances A. Any person who owns or operates any stationary noise source may apply to the City Clerk for a variance from one (1) or more of the provisions of this Chapter. Applications for a variance must be submitted a minimum of 10 days prior to the event date. Applications shall supply information to include, but not limited to: 1. The nature (type of equipment) and location of the noise source for which such application is made; 2. The reason for which the variance is requested, including the hardship that may result if the variance is not granted; 3. The section(s) of this Chapter for which the variance shall apply; (example: time of day) 4. A description of any noise control measures to be taken to minimize the impacts occurring there from; 5. Documentation that immediate neighbors to the location have been notified of the requested variance, and 8 August 27, 2009

9 6. If the variance request is form more than one day, a specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Chapter within a reasonable time. B. Failure to supply the information required by the City Clerk shall be cause for rejection of the application. C. The City Clerk may charge the applicant a fee, as established by City Council, to cover expenses resulting from the processing of the variance application. D. The City Clerk may, at his or her discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section. E. No variance shall be approved if the City Clerk or Police Chief reasonably believes that: 1. Noise levels occurring during the period of the variance will constitute a danger to public health or safety; and/or 2. Compliance with this Chapter would not impose an unreasonable hardship on the applicant without equal or greater benefits to the public. F. In determining whether to grant a variance, the City Clerk shall consider: 1. Would the variance create Unreasonable Noise as defined in section A. 27; 2. A majority number of immediate neighbors contest issuance of the variance; and/or 3. The social and economic value of the activity for which the variance is sought; and 4. The ability of the applicant to apply the best practical noise control measures. G. A variance may be revoked by the City Clerk or a police officer if there is: 1. Violation of one (1) or more terms or conditions of the variance; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied on by the City Clerk in granting the variance. 9 August 27, 2009

10 H. Under no circumstances shall the noise level of an activity for which a variance is granted exceed one-hundred fifteen (115) decibels, and if the variance is for a period of time in excess of eight (8) hours it shall not exceed ninety (90) decibels. F. Variances may not be issued for amplified sound equipment later than 10:00 p.m. in any residentially zoned area, nor 11:00 in all other areas. (Ord , 2002; Ord , 1981; Ord (5), 1979) Exemptions. Nothing in this chapter shall be construed to apply to or restrict any activity conducted by any person for the safety or protection of life or property in an emergency situation, nor shall the provisions of this chapter apply to: A. Any bell or chime from any building clock, school or church, not including any amplified bell or chime sounds emitted from loudspeakers. B. Any siren, whistle or bell lawfully used by authorized emergency vehicles or any other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger, provided however, that burglar alarms not terminating within fifteen (15) minutes after being activated shall be deemed a nuisance and unlawful. C. Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad authorized by the city so long as the helicopter is not landing or taking off in violation of any conditions or restrictions set by the city. D. The public address system, amplified police radio system, any apparatus used by police, fire or other emergency radio system, or any apparatus used by police, fire or other emergency agency when used in a bona fide emergency or other authorized situations; E. Any city, state or county street maintenance vehicle or equipment, including those operating a back-up alarm during the normal course of duties. F. Any tree maintenance equipment operated upon a residential, commercial, industrial or public premises during the time period between 7:00 a.m. and 8:00 p.m. provided, however, that operation of tree maintenance equipment between the hours of 8:00 p.m. and 7:00 a.m. shall not exceed the maximum sound pressure levels as specified in Table 1 above. G. Any construction equipment or activities in compliance with section E. H. Any domestic power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 10:00 p.m. provided that such equipment does not exceed a sound pressure level of eighty (80) db(a) when measured at the property line of any receiving premises, and further provided that between the hours of 10:00 p.m. and 7:00 a.m. such equipment does not exceed the maximum sound pressure levels as specified in Table 1 above. 10 August 27, 2009

11 I. Any commercial power equipment operated upon any residential, commercial, industrial or public premises between 7:00 a.m. and 8:00 p.m. provided that such equipment does not exceed a sound pressure level of eighty-eight (88) db(a) when measured at the property line of any receiving premises, and further provided that between 8:00 p.m. and 7:00 a.m. such equipment does not exceed the maximum sound pressure levels as specified in Table 1 of above. J. The musical instruments of any school marching band while performing at any sporting event or marching band competition, and the musical instruments of any school marching band on school grounds between the hours of 7:00 a.m. and 8:00 p.m. that do not exceed sixty-five (65) db(a) when measured at the property line of any receiving premises. K. Following a snowstorm, any private snow removal equipment operated on any premises provided that such equipment does not exceed the sound pressure limits for commercial power equipment (eighty-eight (88) db(a)) or domestic power equipment (eighty (80) db(a)) when measured at the property line of any receiving premises. L. Any power generator providing emergency electrical power at any hospital, health clinic, nursing home, public safety center or similar facilities where the loss of electrical power poses an immediate risk to the health, safety or welfare of any person. Additionally, the noise emitted during the routine testing of emergency electrical power generators shall not exceed eighty-eight (88) db(a) at a distance of twenty-five (25) feet. Routine testing shall not exceed one (1) hour in any one-week period, or two (2) hours in any six-week period and shall be confined to the hours of 10:00 a.m. to 4:00 p.m. or as otherwise approved. M. The provisions of this Chapter shall not apply to sound made or controlled by the city, the federal government or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it or when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease or permit granted by such governmental body. However, except in emergency situations, no soundamplifying equipment shall be operated by any users beyond midnight. (Ord , 2002; Ord , 1981; Ord (6), 1979) Violation; classification. A. Violation of this chapter is a Class C offense. (Ord (9), 1979) 11 August 27, 2009