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HomeMy WebLinkAbout084 - 08/19/2008 - RELOCATING CERTAIN PROVISIONS OF THE CITY CODE REGARDING UNREASONABLE NOISE AND NUISANCE GATHERINGS ORDINANCE NO. 084, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELOCATING CERTAIN PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS REGARDING UNREASONABLE NOISE AND NUISANCE GATHERINGS TO CHAPTER 17 AND RELOCATING CERTAIN PROVISIONS REGARDING SNOW REMOVAL TO CHAPTER 20 WHEREAS,the provisions of Chapter 17 of the City Code(the"Code")pertain to behavioral offenses such as those against persons,property,public safety and decency, and violations of those provisions are punishable as misdemeanor criminal offenses; and WHEREAS,the provisions of Chapter 20 of the Code address the condition and appearance of properties within neighborhoods, and most violations of Chapter 20 are civil infractions; and WHEREAS, the noise regulations contained in Sections 20-22 and the prohibition against nuisance gatherings in Article III of Chapter 20 are regulations dealing with the conduct of persons and should instead be contained in Chapter 17 of the City Code; and; WHEREAS, Section 24-21 and 24-22 of the Code deal with the removal of snow and ice from City sidewalks by the owners or occupants of adjacent property and violations of those sections are investigated and prosecuted as civil infractions, so the provisions thereof would more appropriately be located in Chapter 20 of the Code dealing with nuisances; and WHEREAS, the Council has determined that it is in the best interests of the City that the Code be amended to move Article II and Article III of Chapter 20 to Chapter 17, with certain amendments, and to move Section 24-21 and 24-22 to Chapter 20, Article VII. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 20-22 of the Code of the City of Fort Collins is hereby being moved to Section 17 of the Code and being numbered as Section 17-129 and will read in its entirety as follows: Sec. 17-129. 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, unreasonable noise shall mean any sound of such level and 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, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. 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: (1) The time of day; (2) The size of any gathering of persons creating or contributing to the noise; (3) The presence or absence of noise amplification equipment; and (4) 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. Section 2. That Article III of Chapter 20 of the Code of the City of Fort Collins is hereby being moved to Chapter 17 of the Code and is being numbered 17-130 through 17-135 and will read in its entirety as follows and all subsequent Articles in Chapter 20 to be renumbered accordingly: Sec. 17-130. Definitions. The following words,terms and phrases,when used in this Article,shall have the meanings ascribed to them in this Section: Cost of abatement shall mean the costs incurred by the City or the Poudre Fire Authority to respond to and/or abate the nuisance gathering defined in § 17-131. Such costs of abatement may include, without limitation, the cost of paying police officers or any other City or Poudre Fire Authority employees; any equipment expense incurred by the City or the Poudre Fire Authority;any appropriate overhead; -2- the cost of any medical treatment to injured police officers or other personnel dispatched to the scene of the nuisance; any loss or damage incurred by any City department or the Poudre Fire Authority, and the cost of repairing any damaged equipment or property. If the responsible person cleans up any trash and litter from the social gathering on any public or private property within twelve (12) hours of contact by police, the cost of abatement will not include any City clean-up costs. Offending property owner shall mean the record owner of the property where the social gathering or party which has been determined to be a nuisance gathering under § 17-13 took place. Responsible person shall mean any person convicted of a violation of Subsection 17-13. If such a person is under the age of eighteen(18)years,the term responsible person includes, in addition, the person's parent or guardian. Social gathering shall mean a party, gathering or event of five (5) or more persons who have assembled or are assembling for a social activity or for a special occasion. Sec. 17-131. Nuisance gatherings. A social gathering or party which is conducted on residential premises within the City and which, by reason of the conduct of those persons in attendance, results in the occurrence of any one (1) or more of the following conditions or events on neighboring public or private property: rioting; the unlawful carrying or possessing of an open container of alcohol or fermented malt beverage in public; public urination or defecation;the unlawful sale, furnishing,possession or consumption of alcohol or fermented malt beverages;the deposit of trash or litter;the destruction of property;the generation of pedestrian or vehicular traffic,standing or parking which obstructs the flow of traffic or interferes with the ability to render emergency services; excessive, unnecessary or unreasonable noise which disturbs the comfort, quiet or repose of the neighborhood,including public disturbances,brawls,fights or quarrels; or conduct or condition which injures, or endangers the safety or health of the neighborhood, or results in any indecent or obscene conduct, or results in any indecent exposure by persons attending the social gathering or party, is hereby declared to be unlawful. Sec. 17-132. Prohibited; penalty. (a) Any person being the owner, occupant, tenant or otherwise having any possessory control, individually or jointly with others, of any premises who either sponsors, conducts or hosts a social gathering or party and knowingly permits such social gathering or party to become a nuisance gathering as defined by § 17-131 is hereby deemed to have committed a misdemeanor, and upon conviction shall be subject to the penalties as provided by § 1-15 of this Code, and may further be -3- ordered, as a condition of any sentence, to pay the costs of abatement pursuant to § 17-133. In any prosecution for a violation of this Section, proof that the owner or tenant of the premises upon which the nuisance party occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises, and sponsored, conducted or hosted the social gathering or party and knowingly permitted the violation to occur. (b) All participants in any party or social gathering declared to be a nuisance gathering by a police officer shall cease participating and immediately disperse upon order of a police officer, and all persons not domiciled at the site of such social gathering or party shall leave the property immediately. Any person failing or refusing to obey and abide by such order commits a misdemeanor criminal offense, and any person convicted of a violation of this Section shall be subject to the penalties provided by § 1-15 of this Code. (c) Proof that a person convicted of a violation of this Section had attempted to disperse the participants at the social gathering or party, together with written verification that such person had initiated contact with Fort Collins Police Services or Colorado State University Police Department for assistance, shall be a mitigating factor in determining an appropriate penalty and apportionment of the cost of abatement. Sec. 17-133. Payment of costs of abatement; assessment; appeal. (a) The cost of abating a nuisance gathering defined by § 17-130 shall be assessed against the responsible person(s) according to such apportionment as the Municipal Judge may deem appropriate. Any unpaid costs assessed against an offending property owner shall be a lien upon the property until such assessment is paid. (b) The City Manager shall cause the Financial Officer to bill the responsible persons for the cost of abatement, which bill shall include the name and address of the responsible persons,the date and time of the incident and the expenses incurred by specific City departments in responding to or abating the nuisance gathering. (c) Any responsible person who wishes to dispute the determination that he or she is liable for the cost of abatement may do so by submitting a request to the City Manager for an administrative review hearing in writing no more than ten(10)days after the assessment of the cost of abatement. The City and the responsible person disputing the fee shall be given notice of the hearing and an opportunity to be heard. (d) If any such assessment against an offending property owner is not paid within thirty (30) days after billed by the Financial Officer to the owner by deposit in the United States mail addressed to the owner of record at the address as shown on the tax rolls or such other, more recent address as may be available to the City, and any -4- agents, representatives or other responsible persons as may be known, or after administrative review, the Financial Officer is authorized to certify to the County Treasurer the delinquent assessment, giving the name of the owner as it appears of record,the number of the lot and block and the amount of the assessment plus a ten- percent penalty. The certification is to be the same in substance and in form as required for the certification of other taxes. The County Treasurer, upon receipt of such certification, is authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges as may by law be made by the County Treasurer and all laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes, and the redemption thereof shall apply to and have full force and effect for the collection of all such assessments.Notwithstanding the foregoing, if the offending property is not subject to taxation, the Financial Officer may elect alternative means to collect the amounts due pursuant to this Article, including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. Sec. 17-134. Other remedies. Nothing in this Article shall be construed as affecting the ability of the City to initiate or continue concurrent or subsequent criminal prosecution or civil proceeding for any violation of the provisions of the City Code or state law arising out of the circumstances necessitating the application of this Article. Section 3. That the definition"Unreasonable Noise"contained in Section 20-21 of the Code of the City of Fort Collins is hereby deleted in its entirety. Section 4. That Section 20-24 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-24. Classification and measurement of noise. For the purposes of classifying any noise disturbance and determining whether it is in violation of§ 20-23,the following test measurements and requirements shall be applied; provided, however, that a violation of§ 17-129 may occur without the following measurements being made: Section 5. That Sections 24-21 and 24-22 of the Code of the City of Fort Collins are hereby moved to Chapter 20, Article VII of the Code and are being numbered 20-102 through 20- 103 and will read in their entirety as follows: -5- See. 20-102. Removal of snow and ice from sidewalks required; lien. (a) The owners or occupants of property abutting sidewalks within the City shall at all times keep the sidewalks abutting to the lot or lots owned or occupied by them free and clear of snow and ice. If any such owners or occupants shall fail to remove the snow and ice from the sidewalks abutting their property within twenty-four(24) hours after the accumulation of snow and ice, then the City Manager may at once have the hazard corrected by removal of snow and ice from the sidewalk or by the application of abrasive material; and the cost, including inspection and other incidental costs in connection therewith, including the costs for carrying charges and costs of administration, shall be assessed against the property abutting to the snow obstruction and the owner thereof. (b) If the property owner contests the declaration of nuisance and/or the assessment of costs, he or she shall file a written request with the Director of Neighborhood and Building Services, within ten (10) days from the service of a notice of assessment, a written request for a hearing before the Referee. (c) Such assessment shall constitute an automatic, perpetual lien in the several amounts assessed against each property from the date the assessment became due until paid. Such liens shall have priority over all other liens except general taxes and prior special assessments. In case any such assessment that has not been set for hearing pursuant to Subsection(b)is not paid within thirty(30)days after it has been certified by the Director of Neighborhood and Building Services and billed by the Financial Officer or his or her designee to the owner by deposit in the United States mail,addressed to the owner of record at the address as shown on the tax rolls of the County Assessor,or such other, more recent address as may be available to the City, and any agents,representatives or occupants as may be known,the Financial Officer or his or her designee shall be authorized to certify to the County Treasurer the list of delinquent assessments,giving the name of the owner of record,the number of the lot and block and the amount of assessment plus a ten-percent penalty. The certification shall be the same in substance and in the same form as required for the certification of taxes. The County Treasurer, upon the receipt of such certified list, is hereby authorized to place the same upon the delinquent tax list for the current year and to collect the assessment in the same manner as taxes are collected with such charges as may by law be made by the Treasurer, and all the laws of the State for the assessment and collection of the general taxes, including the laws for the sale of property for unpaid taxes, shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending property is not subject to taxation,the City may elect alternative means to collect the amounts due pursuant to this Article, including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. Sec. 20-103. Violations and penalties. Any person who violates any provision of this Article or Section 20-102 commits a civil infraction and is subject to the penalty provisions of§ 1-15(f). -6- Introduced,considered favorably on first reading,and ordered published this 15th day of July, A.D. 2008, and to be presented for final passage on the 19th day ugust, A.D. 2008. May ATTEST: City Clerk Passed and adopted on final reading on the 19th day of 4apst, A.D. 2008. M or ATTEST: )LL City Clerk -7-