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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - ITEMS RELATING TO AMENDING THE MODEL TRAFFIC CODEAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 22 A-B DATE: February 17, 2004 STAFF: Jeff O’Brien SUBJECT Items Relating to Amending the Fort Collins Traffic Code and City Code Regarding Muffler Noise. RECOMMENDATION Staff recommends adoption of these Ordinances on First Reading. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 032, 2004, Amending the Fort Collins Traffic Code Relating to Muffler Noise and to More Narrowly Define Prohibited Exhaust Systems. B. First Reading of Ordinance No. 033, 2004, Amending Section 20-22 of the City Code Relating to Unreasonable Noise. In October 2003 at the request of City Councilmembers, a cross section of City agencies was formed into a committee to look into the City’s current noise ordinances dealing with motor vehicle loud muffler noise and motorcycle noise specifically. After discussion and review of ordinances around the country, the committee made recommendations for changes to the Fort Collins Traffic Code and the Code of the City of Fort Collins in an effort to reduce the problems with muffler noise and to more narrowly define prohibited exhaust systems. If adopted by the Council, the proposed amendments will become effective upon second reading on all city streets except those which are also state highways. The amendments will become effective upon the state highways within the City limits upon approval by CDOT, pursuant to C.R.S. Section 43-2-135(g). ORDINANCE NO. 032, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE RELATING TO MUFFLER NOISE AND TO MORE NARROWLY DEFINE PROHIBITED EXHAUST SYSTEMS WHEREAS, on February 18, 2003, by Ordinance No. 16, 2003, the Council of the City of Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Traffic Code remains consistent with State traffic laws; and WHEREAS, noise emanating from straight pipe muffler systems is excessive; and WHEREAS, the Council has determined that the Traffic Code amendment which is proposed is in the best interest of the City and its citizens; and WHEREAS, it is the Council's desire to amend the muffler section of the Traffic Code to include a provision prohibiting the operation of motor vehicles which utilize straight pipe exhaust systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 225 of the Fort Collins Traffic Code is hereby amended to read as follows: 225. Mufflers - prevention of noise. (1) Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with. No person shall operate a motor vehicle that is equipped with a straight pipe exhaust system, a cut- off, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all of the requirements of this Section. (2) Any commercial vehicle, as defined in Section 42-4-235, C.R.S., subject to registration and operated on a highway, that is equipped with an engine compression brake device is required to have a muffler. (3) A For the purposes of this section, muffler isshall mean a device consisting of a series of chamber or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise. Straight pipe exhaust system shall mean any straight muffler that does not contain baffles, including but not limited to glass packs, steel packs and straight pipes. (4) This Section shall not apply to electric motor vehicles. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 033, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 20-22 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UNREASONABLE NOISE WHEREAS, Section 20-22 of the Code of the City of Fort Collins, contains various provisions relating to the regulation of unreasonable noise in the City; and WHEREAS, various issues have arisen with regard to the substance of those provisions and the City's ability to effectively enforce the same, especially with regard to excessive or unreasonable noise emanating from the operation of motor vehicles operated with unlawful, defective or modified exhaust systems and operated in a manner that results in unnecessary and rapid acceleration, deceleration, engine revving or tire squeals, and continuous honking; and WHEREAS, the City Council believes that such noise is unreasonable and should be regulated; and WHEREAS, the City Council has reviewed the proposed amendments and believes them to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 20-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-22. 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. (b) With regard to the operation of motor vehicles, and without limiting the generality of subsection (a), unreasonable noise shall include, but not be limited to: (i) the continuous or repeated sounding of any horn or signal device of a motor vehicle, except as a danger signal. For the purposes of this subsection, continuous shall mean continuing for an unnecessary or unreasonable period of time. (ii) 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. (c) For purposes of this Section, members of Police Services are empowered to make a prima facie determination as to whether a noise is unreasonable. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk