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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 `