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HomeMy WebLinkAbout033 - 03/02/2004 - AMENDING THE CITY CODE RELATING TO UNREASONABLE NOISE ORDINANCE NO. 033, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 20-22 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO UNREASONABLE NOISE WHEREAS, Section 20-22 of the Code of the City of Fort Collins, contains various provisions relating to the regulation of unreasonable noise in the City; and WHEREAS,various issues have arisen with regard to the substance of those provisions and the City's ability to effectively enforce the same,especially with regard to excessive or unreasonable noise emanating from the operation of motor vehicles operated with unlawful,defective or modified exhaust systems and operated in a manner that results in unnecessary and rapid acceleration, deceleration, engine revving or tire squeals, and continuous honking; and WHEREAS, the City Council believes that such noise is unreasonable and should be regulated; and WHEREAS,the City Council has reviewed the proposed amendments and believes them to be 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) With regard to the operation of motor vehicles, and without limiting the generality of subsection (a), unreasonable noise shall include, but not be limited to: (i) the continuous or repeated sounding of any hom 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. (ii) 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. (c) For purposes of this Section, members of Police Services are empowered to make a prima facie determination as to whether a noise is unreasonable. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. (n"d Mayor ATTEST: l'fi-al City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. �-a•�l T Mayor ATTEST: i City Clerk