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HomeMy WebLinkAbout105 - 07/20/2004 - AMENDING SECTION 20-22 OF THE CITY CODE PERTAINING TO UNREASONABLE NOISE ORDINANCE NO. 105, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 20-22 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO UNREASONABLE NOISE WHEREAS, Section 20-22 of the City Code states that no person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon a premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation; and WHEREAS, the language pertaining to motor vehicle noise was approved by City Council (Ordinance No. 033, 2004, 03-02-2004); and WHEREAS, in May 2004, the noise ordinance was amended by adoption of Ordinance No. 071, 2004, and language previously approved by Ordinance No. 033, 2004, pertaining to motor vehicle noise was inadvertently omitted; and WHEREAS,the City Council has reviewed the omitted language and believes that reinstating the same is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 20-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-22. 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, 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: the time of day; the size of any gathering of persons creating or contributing to the noise;the presence or absence of noise amplification equipment; and 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. Introduced and considered favorably on first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor A ST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. y Mayor Z ATTEST: City Clerk