HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2004 - SECOND READING OF ORDINANCE NO. 105, 2004, AMENDIN ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: July20, 2004
FORT COLLINS CITY COUNCIL STAFF: Steve Roy/
Darin Atteberry
SUBJECT
Second Reading of Ordinance No. 105, 2004, Amending Section 20-22 of the City Code Relating
to Unreasonable Noise.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
In October 2003 at the request of City Councilmembers, a cross section of City agencies formed 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 City Code in an effort to reduce
the problems with motor vehicle noise which were adopted on First Reading, March 2, 2004, by
adoption of Ordinance No. 033, 2004. However, in May 2004, by the adoption of Ordinance No.
071,2004,the noise ordinance was again amended and language previously approved by Ordinance
No. 033, 2004 pertaining to motor vehicle noise was inadvertently omitted
Ordinance No. 105, 2004, was adopted 5-0 (Councilmembers Hamrick and Roy were absent) on
First Reading on July 6, 2004, restating the omitted section regarding motor vehicle noise.
ORDINANCE NO. 105, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 20-22 OF THE CODE OF THE CITY OF
FORT COLLINS PERTAINING TO UNREASONABLE NOISE
WHEREAS, Section 20-22 of the City Code states that no person shall make, continue or
cause to be made or continued any unreasonable noise; and no person shall knowingly permit such
noise upon a premises or in or upon any vehicle owned or possessed by such person or under such
person's control or operation; and
WHEREAS, the language pertaining to motor vehicle noise was approved by City Council
(Ordinance No. 033, 2004, 03-02-2004); and
WHEREAS,in May 2004,the noise ordinance was amended by adoption of Ordinance No.
071, 2004, and language previously approved by Ordinance No. 033, 2004, pertaining to motor
vehicle noise was inadvertently omitted; and
WHEREAS,the City Council has reviewed the omitted language and believes that reinstating
the same is 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) For purposes of this Section, members of Police Services 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: the time of day; the size of any gathering of persons creating or
contributing to the noise; the presence or absence of noise amplification equipment;
and 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.
(d) With regard to the operation of motor vehicles, and without limiting the
generality of subsection (a) above, unreasonable noise shall include, but not be
limited to:
(1) 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.
(2) 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.
Introduced and considered favorably on first reading and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
ATTEST:- 14L� �L".. —
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: July6, 2004
FORT COLLINS CITY COUNCIL STAFF: Steve Roy/
Darin Atteberry
SUBJECT
First Reading of Ordinance N b5,`10 , Aires g t 20& of the City Code Relating to
Unreasonable Noise. /
7
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
In October 2003 at the reques f City nciI yealh
ion of City agencies formed a
committee to look into the it curren oise nces t motor vehicle loud muffler
noise and motorcycle noise spe ally. r di ssioew of ordinances around the
country, the committee made recommendations for changes to the City Code in an effort to reduce
the problems with motor vehicle noise which were adopted on First Reading, March 2, 2004, by
adoption of Ordinance No. 033, 2004. However, in May 2004, by the adoption of Ordinance No.
071,2004,the noise ordinance was again amended and language previously approved by Ordinance
No.033,2004 pertaining to motor vehicle noise was inadvertently omitted. Staff recommends that
the omitted language be reinstated.
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