HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/1999 - FIRST READING OF ORDINANCE NO. 93, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: June 1, 1999
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 First Reading.
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EXECUTIVE SUMMARY:
The City's noise ordinance does not presently exempt noise emanating from City streets. Because
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it is impossible for the City to control that noise, and the City Code makes property owners liable
for noise coming from their premises, City staff is recommending that the Code be amended to
exempt the City from any liability for noise emanating from City streets.
ACKGROUND: iI
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 property, staff believes that the governmental entity owning such
property should be responsible for noise coming from such premises, so long as the noise is under
the control of the entity. For example, noise in City parks and other kinds of recreational and
cultural facilities should be governed by the ordinance. However, 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."
ORDINANCE NO. 93, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 20-25 OF THE CODE OF THE CITY OF FORT COLLINS
BY EXEMPTING THE CITY FROM LIABILITY FOR ANY NOISE EMANATING
FROM ANY PUBLIC RIGHT-OF-WAY
WHEREAS, the City Code contains, in Chapter 20, Article II, a prohibition against
unreasonable noise and noise that exceeds certain decibel levels; and
WHEREAS,certain publicly owned properties in the City are the source ofnoise which may,
on occasion, be construed as violating the provisions of Chapter 20, Article II; and
WHEREAS, to the extent that such noise can be controlled by the City, the City Council
believes that the City should comply with the above-referenced provisions of the Code in managing
its properties; and
WHEREAS,to the extent that noise emanating from public rights-of-way,as defined in said
Chapter 20,Article II,cannot be controlled by the City,the Council believes that it would place an
unreasonable burden upon the City to attempt to control or mitigate such sources of noise; and
WHEREAS, for the foregoing reasons,the Council believes it to be in the best interests of
. the City to create an exemption to the above-referenced provisions of the Code which would relieve
the City from liability for traffic and other noise originating on City streets or other public rights-of-
way owned and controlled by governmental entities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,that Section 20-25 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 20-25. Exceptions.
(a) The provisions of this Article shall not apply to:
(1) Any noise resulting from any authorized emergency vehicle in
responding to an emergency call or acting in time of emergency;
(2) The operation of aircraft or other activities which are subject to federal
law with respect to noise control.
(3 The ty forpoise, #om vyVublic6ght-of-wV
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(b) Notwithstanding any other provision of this Article, construction or
demolition projects shall be subject to the maximum permissible noise levels
specified for industrial uses zoned I-G for the period within which construction or
demolition is to be completed pursuant to any applicable permit issued by the city or,
if no time limitation is imposed,for a reasonable period of time for completion of the
construction or demolition project. This Section shall not preclude obtaining a
variance for a construction or demolition project pursuant to § 20-26.
(c) Nothing in this Article shall preclude any type of emergency activity
necessary for the protection of the health, safety and welfare of the citizens of the
city.
Introduced and considered favorably on first reading and ordered published this I st day of
June, A.D. 1999, and to be presented for final passage on the 15th day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of June,A.D. 1999.
Mayor
ATTEST:
City Clerk