HomeMy WebLinkAbout093 - 06/15/1999 - AMENDING THE CITY CODE BY EXEMPTING THE CITY FROM LIABILITY FOR ANY NOISE EMANATING FROM ANY PUBLIC 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 11, a prohibition against
unreasonable noise and noise that exceeds certain decibel levels; and
WHEREAS,certain publicly owned properties in the City are the source of noise which may,
on occasion, be construed as violating the provisions of Chapter 20, Article II; and
WHEREAS, to the extent that such noise can he 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 I1, 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:
See. 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 City for noise emanating from any public right-of-way.
(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 1 st day of
June, A.D. 1999, and to be presented for final passage on the 15th day of June, A.D. 1999.
Mavor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of June, A.D. 1999.
i
Mayor
ATTEST:
City Clerk `