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HomeMy WebLinkAbout047 - 06/02/1981 - ESTABLISHING NOISE CONTROL (THIS ORDINANCE MAY BE CITED AS THE NOISE CONTROL ORDINANCE) ORDINANCE NO 47 , 1981 OF THE COUNCII OF THE CITY OF FORT COLLINS BEING AN ORDINANCE ESTABLISHING NOISE CONTROL THIS ORDINANCE iiAY BE CITED AS THE NOISE CONTROL ORDINANCE OF THE CITY OF FORT COLLINS, COLORADO WHEREAS, excessive sound is a serious hazard to the public health and welfare, safety and the. quality of life to the citizens of the City of Fort Collins, and WHEREAS, a substantial body of science and technology exists whereby excessive sound may be substantially abated, and WHEREAS, the rights of the residents of the City of Fort Collins would best be served by providing an environment free of excessive sound NO'J, THERFFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows Section 1 General Noise Disturbance Pronibitions It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance, excessivc or unusually loud noise, or a noise which is un- reasonable and objectionably because it is impulsive, continuous, rhythmic, periodic or shrill within the limits of the City of Fort Collins Section 2 Maximum Permissible Noise Levels A A noise measured or registered in the manner provided in Section 3 from any source at a level which is in excess of the dh(A) established for the time period ana land uses listed in this Section, is hereby declared to be excessive and unusually loud and is unlawful When a noise source can be identified and its noise measured in more than one zoning land use category, the limits of the most restrictive zoning classification shall apply Land Uses Maximum Noise db(A) Residential Use Areas Zoned RL, RLP, RLH, RM, RH, RP, Ri1P, ML, MM, or T (7 a m - 7 p m ) 55 (7 p m - l a m ) 50 Business and Commercial Use Areas Zoned BP, BL, BG, HB, or C (7an - 7pm ) 60 (7 p m - l a m ) 55 Land Uses Maximurr Noise db(A) Industrial Use Areas Zoned IL & IP (7am - 7pin ) 70 (7 p m - 7 a m ) 65 Industrial Use Areas Zoned IG (7am - 7pm ) 80 (7 p m - 7 a m ) 75 B Between the hours of 7 00 A M and 7 00 P H , the noise levels permitted in Section 2 may be increased by 10 decibels for d period of not to exceed 15 minutes in any one hour period Section 3 Classification, Mcasurement of Noise A For the purposes of determining and classifying any noise as excessive or unusually loud and as such, in violation of Section 2 of this chapter, the following test measurements and requirements may be applied, provided, however, a violation of Section 1 may occur without the folloring measurements being made 1 Noise occurring within the ,jurisdiction of the City of Fort Collins shall be measured at a distance of at least 25 fcet from a noise source located within the public right-of-way, and if the noise source is located on private property or public property other than the public right-of-way, the noise shall be measured at or within the property boundary of the receiving land use 2 The noise shall be rneasurcd on a weighing scale on a sound level meter of standard design and quality and in accordance with the standards promulgated with the American National Standards Institute 3 For the purposes of this ordinance, measurements with sound level meters shall be made when a wind velocity at the time and place of such measure is not more than 5 m p h or 25 m p h with a windscreen appropriately attached to the micro- phone Section 4 Exceptions A The provisions of this chapter shall not apply to 1 Any noise resulting from any authorized emergency vehicle in responding to an emergency call or acting to tine of emer - gency -2- 2 The unamplified human voice, 3 The operation of aircraft or other activities which arc. subject to federal law with respect to noise control , and B Notwithstanding any other provision of the chapter, construction or demolition projects shall be subject to the maximum per- missible noise levels specified for industrial uses zoned IG for the period within which construction or demolition is to be completed pursuant to any applicable permit issued by the City of Fort Collins, or if no tirre limitation is imposed, for a reason- able period of time for completion of the construction or demoli- tion project This section shall not pre.Clude obtaining a var- iance for a construction or demolition project pursuant to Sectlun 5 C Nothing in this chapter shall preclude any type of emergency activity necessary for the protection of the health, safety and welfare of the citizens of the City of Fort Collins Section 5 Variances A The City Manager, or his duly authorized representatives, shall have the authority to grant special variances from the provisions of this chapter Any person seeking a special variance shall file an application with the appropriate official The application shall contain the date, time, location and duration of activity for which variance is requested as well as information which demonstrates that bringing the source of sound or activity for which the spEclal variance is sought into compliance with this ordinance would constitute an unreasonable haraship on the appli- cant, on the community or on other persons B In determining whether to grant or deny the application the appropriate official shall balance the hardships to the applicant if not granting the special variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance Special variance decisions may be appealed to the Council of the City of Fort Collins Special variances shall be qranted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity C Under no circumstances shall the noise level of an activity for which a special variance is granted for a period of time in excess of 8 hours exceed 90 decibels -3- 0 Noncompliance of any condition of the special variance permit shall terminate the permit and subject the person holding it to compliance with the provisions of this ordinance regulating maximum permissible noise levels Section 6 Quiet Zones, Maximum Permissible Sound Levels The City Council shall have the authority to designate, by Resolution, certain areas as quiet zones A Said quiet zone may include, but is not limited to the following 1 Schools 2 Hospitals 3 Nursing homes 4 Convalescent homes 5 Places of worship 6 Courts B In any area so designated, the sound level shall at no time exceed the maximum sound level established for residential uses under Section 2 of this chapter Section 7 Rotor Vehicle Maximum Sound Levels A Motor Vehicles and Motorcycles on Public Rights-of-14ay No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the levels set forth below Speed Limit of Speed Limit of 35 mph or less Greater than 35 mph Vehicle Class (GVWR) Sound pressure Leve d6 Motor vehicles with a manufac- turer 's gross vehicle weight rating (GCWR) of 10,000 pounds (4536 Kg) or more, or by any combination of vehicles towed by such motor vehicle 86 90 Any other motor vehicle or any combination of vehicles towed by any motor vehicle to include but not limited to automobiles, vans, light trucks, or any motorcycle with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4536 Kg) 80 84 -4- B Motor Vehicles Horns and Signaling Devices The sounding of any horn or other auditory signalling device on or in any motor vehicle on any public right-of-way or public space except as a warning of danger is declared to be in violation of this Ordinance C Motorized Vehicles Operdting Off Public Rights-of-Way No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of- iay in such a manner that the sound level Emitted exceeds the limits set forth in Section 2 This section shall apply to all motor vehicles, whether or riot duly licensed and registered including, but not limited to, commercial or non-comnercial racing vehicles, motorcycles, go- carts, snowmobiles, amphibious crafts, campers and dune buggies D Noise Measurement Noise shall be measured at a distance of at least 25 feet from the near side of the nearest lane being morii- tored and at a height of at least 4 feet above the immediate surrounding surface Section 8 Enforcement A Penalties Any person who violates any provision of this chapter shall be subject to a fine not to exceed $300 00 or imprisonment not to exceed 90 days or a combination of both finL and imprison- ment B Notice of Violation Violation of any provision of this Ordinance shall be cause for a summons to be issued by authorized enforce- rent officials according to adopted procedures C Severability If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall riot be invalidated Section 9 Definitions A A-'leighted Sound Level The sound pressure level in decibels as measured on a soured level meter using the A-neighing network The level so read is designated dB(A) or dBA B Construction Any site preparation, assembly, erection, substan- tial repair, alteration or similar action, but excluding demoli- tion, for or of public or private rights-of-way, structures, utilities or similar property C Cyclically-Varying Noise Steady or fluctuating noise which varies in amplitude such that the same sound pressure level is ob- tained repetitively at uniform intervals of time -5- D Decibel A unit for measuring the volune of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure_ of the sound measurement to the reference pressure, which is 20 rriicropascals (20 microneutrons per square rreter) E Demolition Any dismantling, intentional dEstruction or removal of structures, utilities, public or private tights-of-way, sur- faces, or similar property F Emergency Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action G Emergency Work Any work performed for the purpose of protecting persons or property from imminent exposure to danger or restoring property to a safe condition H Gross Vehicle Weight Rating (GVWR) The. value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle In cases where trailers and tractors are separable, the gross combination veight rating (GCWR) , vhich is the value specified by the indnufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used I Impulsive Sound A noise containing excursions usually less than one (1) second of sound pressure level 20 db(A) over the ambient noise level using the fast meter characteristic J Intermittent Noise A noise whose sound pressure level equals or is less than the a.nbient noise level two or more times during the period of observation and is greater than the ambient during the remainder of the period K Motor Vehicle Any vehicle which is propelled or drawn on land by a motor, such as, but riot limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmiobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles L Motorcycles An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters and mini- bikes M Noise Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans -6- N Noise Disturbance Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property 0 Pcrson Any individual , association, partnership, or corporation, and includes any officer, employee, department, agency, or instrumentality of a State or any political subdivision of a State P Property Boundary An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions Q Public Right-of-Wdy Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is ovned or controlled by a governmental entity R Public Space Any real property or structures thereon which are owned or controlled by d governmental entity S Quict Zonc Any area for the purpose of insuring exceptional quiet T Sound An oscillation in pressure, particle, displacement, par title velocity ov other physical parovetei , in a medium with internal forces that causes compression and rarefaction of that mediuii The description of sound may include any characteristic of such sound, including duration, intensity, and frequency U Sound Level The weighted sound pressure level obtained by the use of the sound level meter and frequency veighting network, as specified in the American National Standards Institute specifica- tions V Sound Level Meter An instrument which incluoes a microphone, amplifier, RMS detector, integrator or time averager, output iieter, and weighting netvorks used to measure sound pressure levels W Sound Pressure The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy -7- Introduced, considered favorbably on first reading, and oraered published this 19th day of fgdy A D 1981 , and to be presentEd for final passage on the 2nd day of June A D 19fdfi ti . Mayor 'oP4,jz, C i t y C of r w- Passcd and adopted on final read�j this 2nd day of June A D 19F31 C / flayor - ATTEST City Clerk -Fl-