HomeMy WebLinkAbout086 - 06/03/2025 - ADOPTING SECTION 1418, UNREASONABLE VEHICLE NOISE PROHIBITED IN THE FORT COLLINS TRAFFIC CODEORDINANCE NO.086,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING SECTION 1418,UNREASONABLE VEHICLE NOISE PROHIBITED IN
THE FORT COLLINS TRAFFIC CODE
A.Fort Collins Police Services (FCPS)staff continue to receive numerous
reports from community members regarding noise occurrences throughout the city.These
reports span a variety of sources including vehicle-related noise complaints.
B.In response,FCPS has reviewed reported incidents and citations related to
noise violations from 2023 to 2024.The goal was to assess how effectively current
ordinances are being used in enforcement and what code updates would better assist
police in enforcement of these violations.
C.Based on this analysis,FCPS developed these proposed amendments to
the Fort Collins Traffic Code to specifically address prohibited noise-related actions due
to the operation of a motor vehicle.This proposed new provision,Unreasonable Vehicle
Noise Prohibited,was presented to the Council as an option to consider at the April 22,
2025,work session.
D.While existing City Code Section 17-129,entitled Unreasonable Noise
Prohibited,touches on some aspects of vehicle noise,it primarily focuses on residential
noise occurrences.A dedicated Traffic Code provision is proposed to provide clearer,
more targeted language,enabling more effective enforcement.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Fort Collins Traffic Code is hereby amended by the addition of
a new Section 1418 which reads in its entirety as follows:
1418.Unreasonable vehicle noise prohibited.
(1)No person shall make,continue or cause to be made or continued any
unreasonable noise in,from,or upon any vehicle;and no person shall
knowingly permit such unreasonable noise in,from,or upon any vehicle
owned or possessed by such person;and no person shall operate a vehicle,
regardless of ownership,in a manner or with equipment that makes or
causes unreasonable noise.
(2)For purposes of this Section,unreasonable noise means any sound of such
level or 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.
A peace officer enforcing this provision is empowered to make a prima facie
determination as to whether a noise is unreasonable based upon
consideration of any of the following factors:
(a)The time of day;
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(b)Location where the vehicle is being operated;
(c)The presence of pedestrians,bystanders,or other vehicles;
(d)The continuous or repeated sounding of any horn or signal device of
a motor vehicle for an unnecessary or unreasonable amount of time,
except as a danger signal;
(e)Operation of a motor vehicle in a manner that causes excessive or
unreasonable noise,including,but not limited to one or more of the
following:unnecessary or rapid acceleration,deceleration,steering
or turning of the vehicle,rewing the engine,or tire squeal;
(f)Operation of a vehicle with equipment installed,not installed
properly,removed,or otherwise altered so as to produce
unreasonable or excessive noise.Such equipment includes,but is
not limited to one or more of the following:an unlawful,defective or
modified exhaust system,no exhaust system or muffler;or any other
modification to any part of the vehicle;
(g)The presence or absence of noise amplification equipment;or any
use of a stereo or audio system at an unreasonable volume level;
(h)Any other factors tending to show the magnitude and/or disruptive
effect or impact of the noise.
(3)Any person who violates this Section commits a misdemeanor offense.
Introduced,considered favorably on first reading on May 20,2025,and approved
on second reading for final passage on June ~
ATTEST:
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Effective Date:June 13,2025
Approving Attorney:Dawn Downs
Exhibits:None