HomeMy WebLinkAbout071 - 05/18/2004 - AMENDING THE CITY CODE PERTAINING TO UNREASONABLE NOISE ORDINANCE NO. 071, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 20-21 AND 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
WHE Y
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, Section 20-21 of the City Code defines the term "unreasonable noise" as 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 throughout the City or any
portions thereof,but excludes all aspects of the employer/employee relationship concerning health
and safety hazards within the confines of a place of employment; and
WHEREAS,in enforcing these provisions of the City Code, law enforcement personnel are
required to exercise judgment and discretion in determining whether a particular noise is
unreasonable under all the attendant circumstances; and
WHEREAS,City Staff believes that it would be helpful for Council to amend the definition
of unreasonable noise so as to clarify the factors that should be taken into consideration by law
enforcement officers and by the Municipal Judge in determining the existence of unreasonable noise;
and
WHEREAS, it is also sometimes difficult for law enforcement officers to determine which
persons are in control of premises upon which unreasonable noise occurs; and
WHEREAS,the definition of unreasonable noise should be amended to delete unnecessary
and potentially confusing language; and
WHEREAS, the problem of unreasonable noise is a growing concern within the City,
especially with regard to noisy parties and other gatherings in particular areas of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of"unreasonable noise"contained in Section 20-21 of the
City Code is hereby amended to read as follows:
Sec. 20-21. Definitions.
Unreasonable noise shall mean any sound of such level or 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.
Section 2. 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.
Introduced and considered favorably on first reading and ordered published this 4th day of
May, A.D. 2004, and to be presented for final passage on the 18t of May, A.D. 4.
Mayor
ATTEST:
�",A \V(I� ,a
City Clerk tt r�—
Passed and adopted on final reading this 18th day of May, A.D. 2004.
ayor
ATTEST:
City Clerk