HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/1999 - SECOND READING OF ORDINANCE NO. 93, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 10
DATE: June 15, 1999
FORT COLLINS CITY COUNCIL STAFF: John Fischbach
SUBJECT :
Second Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by
Exempting the City from Liability for any Noise Emanating From any Public Right-of-Way.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
The City's noise ordinance does not presently exempt noise emanating from City streets. Because
it is impossible for the City to control that noise, and the City Code makes property owners liable
for noise coming from their premises. Ordinance No. 91, 1999, which was unanimously adopted
on First Reading on June 1, 1999,amends the Code to exempt the City from any liability for noise
emanating from City streets.
AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: June 1, 1999
10 FORT COLLINS CITY COUNCIL STAFF: John Fischbach
SUBJECT:
First Reading of Ordinance No. 93, 1999,Amending Section 20-25 of the City Code by Exempting
the City from Liability for any Noise Emanating From any Public Right-of-Way.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Fir tReading.-'
i
EXECUTIVE SUMMARY:
The City's noise ordinance does not presently exempt noise emanating from City streets. Because
it is impossible for the City to control that noise, and the City Code makes property owners liable
for noise coming from their preen se$, City staff 3 ndiug that the Code be amended to
exempt the City from any liability for noise ern a m ';I streets.
PACKGROUND: rwrw
The City Code presently contains two separate prohibitions against noise. The first,in Section 20-
22,prohibits"unreasonable noise." The second,which is contained in Section 20-23,prohibits noise
which exceeds certain maximum decibel levels. Both provisions of the Code authorize the
prosecution of any persons knowingly permitting such noise upon a premises owned or possessed
by such person or under such person's control or operation.
In the case of publicly owned xo '. " li `e governmental entity owning such
property should be responsible.#or noiseomin h p'� ises, so long as the noise is under
the control of the entity. Foi.exampletjmoise jn w parks Aid other kinds of recreational and
cultural facilities should be gover>Yed'by the-Ainafit;e. HowAr, in the case of public streets,the
City lacks the ability to control traffic noise. Therefore, City staff is recommending that an
exemption be added to the Code to exempt the City from any liability for noise emanating from any
public right-of-way. Under this article of the Code, "public right-of-way" is defined to mean "any
street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled
by a governmental entity."