HomeMy WebLinkAboutT-MOBILE CEDARWOOD WTF -PDP - 38-06 - LEGAL DOCS - LEGAL DOCUMENTSNuisances — Noise
§ 20-27
(e) No variance shall be approved unless the appli-
cant presents adequate proof that:
(1) Noise levels occurring during the period of the
variance will not constitute a danger to public
health; and
(2) Compliance with this Article would impose an
unreasonable hardship on the applicant without
equal or greater benefits to the public.
(f) Under no circumstances shall the noise level of
an activity for which a variance is granted for a period
of time in excess of eight (8) hours exceed ninety (90)
decibels.
(g) In determining whether to grant a variance, the
Code Compliance Inspector shall consider:
(1) The character and degree of injury to, or interfer-
ence with, the public health and welfare and the
reasonable use of property that is caused or
threatened to be caused;
(2) The social and economic value of the activity for
which the variance is sought; and
(3) The ability of the applicant to apply the best
practical noise control measures.
(h) A variance may be revoked by the Code Compli-
ance Inspector if there is:
(1) Violation of one (1) or more terms or conditions
of the variance;
(2) Material misrepresentation of fact in the variance
application; or
(3) Material change in any of the circumstances re-
lied on by the Code Compliance Inspector in
granting the variance.
(i) Variance decisions may be appealed to the City
Manager by the applicant or any affected person.
(Code 1972, § 78-5; Ord. No. 154, 2001, 11-6-01)
Sec. 20-28. Motor vehicle maximum sound levels.
(a) No person shall operate or cause to be operated a
public or private motor vehicle or motorcycle on a pub-
lic 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
Speed limit
limit
where posted
where
35 mph or less
posted
or speed limits
greater
regulated
than 35
under the Fort
mph
Collins Traffic
[sound
Code [sound
pressure
pressure level
level
Vehicles class (GVWR)
dB(A)J
dB(A)J
Motor vehicles with a manu-
86
90
facturces.gross vehicle
weight rating (GV WR) of
10,000 pounds (4,536 kg) or
more, or by any combination
of vehicles towed by such
motor vehicle
Any other motor vehicle or
80
84
any combination of vehicles
towed by any motor vehicle,
to include but not to be
limited to automobiles, vans,
light trucks or any motorcy-
cle with a gross vehicle
weight rating (GV WR) less
than 10,000 pounds (4,536
kg)
(b) No person shall operate or cause to be operated
any motor vehicle or motorcycle off a public right-of-
way in such a manner that the sound level emitted ex-
ceeds the limits set forth in § 20-23. This Section shall
apply to all motor vehicles, whether or not duly licensed
and registered, including but not limited to commercial
or noncommercial racing vehicles, motorcycles, go-
carts, snowmobiles, amphibious crafts, campers and
dune buggies.
(c) Noise shall be measured at a distance of at least
twenty-five (25) feet from the lane being monitored.
(d) The noise shall be measured on a sound level
meter.
(e) No outdoor measurement shall be taken without
a wind screen recommended by the sound level meter
manufacturer, or during periods when wind speeds,
including gusts, exceed fifteen (15) miles per hour.
(Code 1972, § 78-7; Ord. No. 154, 2001, 11-6-01; Ord.
No. 16, 2003, § 10, 2-18-03)
Cross -reference —Vehicles and traffic, Ch. 28; Fort Collins Traffic
Code.
Supp. No. 77
20-6
Nuisances — Noise
§ 20-25
(4) Noise from domestic power tools and lawn and
garden equipment operated between 7:00 a.m.
and 8:00 p.m., provided that such tools or
equipment generate less than eighty-five (85)
dB(A) at or within any real property line of a
residential property;
(5) Sound from church bells and chimes when a part
of a religious observance or service;
(6) Any tools or equipment used in construction,
drilling, earthmoving, excavating, or demolition,
provided that all motorized equipment used in
such activity is equipped with functioning muf-
flers, and further provided that such work takes
place between 7:00 a.m. and 8:00 p.m.;
(7) Noise from snow blowers, snow throwers and
snow plows when operated with a muffler for the
purpose of snow removal;
(8) The City for noise emanating from any public
right-of-way;
(9) Noise generated from golf course maintenance
equipment;
(10) Noise generated by tools or equipment during
emergency operations or activities that are rea-
sonably necessary for the public health, safety
or welfare.
(Code 1972, § 78-4; Ord. No. 26, 1990, 4-3-90; Ord.
No. 93, 1999, 6-15-99; Ord. No. 154, 2001, 11-6-01)
Sec. 20-26. Extraterritorial noise source.
If noise measured at a location within the City limits
exceeds the maximum permissible noise levels con-
tained in § 20-23 for the zoning district in which the
noise is measured, and the source of the noise is located
in an unincorporated area of the County, the City shall
have jurisdiction to prosecute such noise violation pro-
vided that:
(1) The complainant has first sought enforcement of
any applicable county noise law or regulation
and the County has declined to initiate any court
proceedings to enforce said law or regulation, or
thirty (30) days have elapsed from the date of fil-
ing the complaint with the County and no such
proceedings have been initiated; or
(2) The person charged with a violation of the
County's law or regulation has been acquitted of
such charge, or such charge has been dismissed,
and the elements constituting a violation of the
County law or regulation are substantially differ-
ent than the elements constituting a violation of
§ 20-23.
(Ord. No. 154, 2001, 11-6-01)
Sec.20-27. Variances.
(a) Any person who owns or operates any stationary
noise source may apply to the Code Compliance Inspec-
tor for a variance from one (1) or more of the provisions
of this Article. Applications for a variance shall supply
information including, but not limited to:
(1) The nature and location of the noise source for
which such application is made;
(2) The reason for which the variance is requested,
including the hardship that will result to the ap-
plicant, his/her client or the public if the permit
of variance is not granted;
(3) The level of noise that will occur during the pe-
riod of the variance;
(4) The section or sections of this Article for which
the variance shall apply;
(5) A description of interim noise control measures
to be taken for the applicant to minimize noise
and the impacts occurring therefrom; and
(6) A specific schedule of the noise control measures
that shall be taken to bring the source into com-
pliance with this Article within a reasonable
time.
(b) Failure to supply the information required by the
Code Compliance Inspector shall be cause for rejection
of the application.
(c) The Code Compliance Inspector may charge the
applicant a fee, in accordance with § 7.5-1 of this Code,
to cover expenses resulting from the processing of the
variance application.
(d) The Code Compliance Inspector may, at his or
her discretion, limit the duration of the variance, which
shall be no longer than one (1) year. Any person granted
a variance and requesting an extension of time shall
apply for a new variance under the provisions of this
Section.
20-5
Supp. No. 77
Nuisances — Noise
§ 20-23
and zoning districts listed in this Section is hereby de-
clared to be a noise disturbance and is unlawful. When a
noise source can be identified and its noise measured in
more than one (1) zoning district, the limits of the most
restrictive zoning district shall apply.
Zoning Districts
Maximum Noise [dB (A)]
Areas zoned:
Low Density Residential (R-L)
Urban Estate (UU E)
Foothills Residential (R-F)
High Density Mixed -Use Neighborhood (H-M-N)
Low Density Mixed -Use Neighborhood (LM-N)
Medium Density Mixed -Use Neighborhood (M-M-N)
Neighborhood Conservation Low Density (N-C-L)
Neighborhood Conservation Medium Density (N-C-M)
Neighborhood Conservation Buffer (N-C-B)
Public Open Lands (P-O-L)
River Conservation (R-C)
Transition (T)
7:00 am. to 8:00 p.m. 55
8:00 p.m. to 7:00 am. 50
Areas zoned:
Downtown Old City Center (D)
Downtown Canyon Avenue (D-C-A)
Downtown Civic Center (D-C-C)
River Downtown Redevelopment Commercial (R-D-R)
Community Commercial (C-C)
Community Commercial North College (C-C-N)
Community Commercial River (C-C-R)
Commercial North College (C-N)
Neighborhood Commercial (N-C)
Limited Commercial (C-L)
Harmony Corridor (H-C)
7:00 am. to 8:00 p.m. 60
8:00 p.m. to 7:00 a.m. 55
Areas zoned:
Employment (E)
7:00 am. to 8:00 p.m. 70
8:00 p.m. to 7:00 am. 65
Areas zoned:
Industrial (I)
7:00 am. to 8:00 p.m. 80
8:00 p.m. to 7:00 am. 75
(b) If the noise source in question is a pure tone, the
limits set forth above shall be reduced by five (5)
dB(A).
(c) In multi -use buildings, when noise originates in
one (1) unit and is received in another unit within the
same building, the maximum dB(A) for such noise shall
be the same as the maximum dB(A) for the zoning dis-
trict in which the building is located.
(Code 1972, § 78-2; Ord. No. 9, 1998, 2-3-98; Ord. No.
154, 2001, 11-6-01)
Cross -reference —Zoning, annexations and development of land, Article
4 of the Land Use Code — Zone Districts.
Sec. 20-24. Classification and measurement of
noise.
For the purposes of classifying any noise disturbance
and determining whether it is in violation of § 20-23, the
following test measurements and requirements shall be
applied; provided, however, that a violation -of § 20-22
may occur without the following measurements being
made:
(1) Noise shall be measured at a distance of at least
twenty-five (25) feet 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 _measured on a sound level
meter.
(3) No outdoor measurement shall be taken without
a wind screen recommended by the sound level
meter manufacturer, or during periods when
wind speeds, includinggusts, exceed fifteen (15)
miles per hour.
(Code 1972, § 78-3; Ord. No. 154, 2001, 11-6-01)
Sec.20-25. Exceptions.
The provisions of this Article shall not apply to:
(1) Noise from emergency signaling devices;
(2) Noise from agricultural activities;
(3) The operation of aircraft or other activities which
are subject to federal law with respect to noise
control, and the generation of sound in situations
within the jurisdiction of the Federal Occupa-
tional Safety and Health Administration;
Supp. No. 77
204
Nuisances — Noise
§ 20-21
Public right-of-way shall mean any. street, avenue,
boulevard, road, highway, sidewalk, alley or similar
place which is leased, owned or controlled by a gov-
ernmental entity.
Public space shall mean any real property or struc-
tures thereon that is owned, leased or controlled by a
governmental entity.
Pure tone shall mean any sound that can be judged as
a single pitch or set of single pitches by the Code Com-
pliance Inspector.
Real property line shall mean either (a) the line, in-
cluding its vertical extension, that separates one (1)
parcel of real property from another, or (b) the vertical
and horizontal boundaries of a dwelling unit that is con-
tained within a multi -use building.
Sound level shall mean the instantaneous sound pres-
sure level measured in decibels with a sound level meter
set for A -weighting on slow or fast integration speed.
Sound level meter shall mean an instrument used to
measure sound pressure levels conforming to standards
as specified in ANSI Standard S1.4-1983 or the latest
version thereof.
Sound pressure level shall mean twenty (20) multi-
plied by the logarithm, to the base ten (10), of the meas-
ured sound pressure divided by the sound pressure asso-
ciated with the threshold of human hearing, in units of
decibels.
Unreasonable noise shall mean 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, but
excludes all aspects of the employer -employee relation-
ship concerning health and safety hazards within the
confines of a place of employment.
(Code 1972, § 78-9; Ord. No. 154, 2001, 11-6-01; Ord.
No. 071, 2004, § 1, 5-18-04)
Cross -reference —Definitions and rules of construction generally, § 1-2.
Sec. 20-22. Unreasonable noise prohibited.
(a) No person shall make, .continue or cause to be
made or continued any unreasonable noise; and no per-
son shall knowingly permit such noise upon any prem-
ises 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 determi-
nation as to whether a noise is unreasonable, which
determination may be based upon, but need not be lim-
ited to, a consideration of the following factors:
(1) The time of day;
(2) The size of any gathering of persons creating or
contributing to the noise;
(3) The presence or absence of noise amplification
equipment; and
(4) 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 pre-
sent 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 oc-
cur.
(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 lim-
ited 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 Subsec-
tion, 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.
(Code 1972, § 78-1; Ord. No. 65, 1987, 5-5-87; Ord.
No. 67, 1996, 6-4-96; Ord. No. 154, 2001, 11-6-01; Ord.
No. 130, 2002, § 6, 9-17-02; Ord. No. 033, 2004, 3-2-
04; Ord. No. 071, 2004, §2, 5-18-04; Ord. No. 105,
2004, 7-20-04)
Sec. 20-23. Maximum permissible noise levels.
(a) A noise measured or registered in the manner
provided in § 20-24 from any source at a level which is
in excess of the dB(A) established for the time period
20-3
Supp. No. 77
Nuisances — In General
§ 20-5
Sec. 20-5. Abatement of nuisances by persons other
than City.
Any person ordered to clean, repair, change or make
safe any property or abate any nuisance may do so at
such person's own expense, if suitable arrangements are
made with the City Engineer, Director of Building and
Zoning or Fire Chief, prior to the time when the City
shall start carrying out any order made under this Arti-
cle.
(Code 1972, § 79-4; Ord. No. 89, 1994, § 1, 6-21-94;
Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002,
§ 11, 9-17-02)
Sec. 20-6. Provisions to be cumulative.
The provisions of §§ 20-21 through 20-45 are cumu-
lative to all other provisions relating to unsanitary and
dangerous conditions and to nuisances in this Code.
(Code 1972, § 79-5; Ord. No. 89, 1994, § 1, 6-21-94)
Secs.20-7-20-20. Reserved.
ARTICLE H.
NOISE
Sec.20-21. Definitions.
The following words and terms, and phrases, when
used in this Article, shall have the following meanings
ascribed to them in this Section:
Ambient sound level shall mean the total sound pres-
sure level in the area of interest including the noise
source of interest.
A -weighting shall mean the electronic filtering in
sound level meters that models human hearing fre-
quency sensitivity.
Background sound level shall mean the total sound
pressure level in the area of interest excluding the noise
source of interest.
Code Compliance Inspector shall mean an employee
of the City trained in the measurement of sound and
empowered to issue a summons for violations of § 20-
23 and to issue variances pursuant to § 20-27.
Construction shall mean any site preparation, assem-
bly, erection, repair, alteration or similar action, or
demolition of buildings or structures.
dB(A) shall mean the A -weighted unit of sound pres-
sure level.
Decibel [dB] shall mean the unit of measurement for
sound pressure level at a specified location.
Emergency work shall mean any work or action nec-
essary to deliver essential services including, but not
limited to, repairing water, gas, electric, telephone,
sewer facilities, or public transportation facilities, re-
moving fallen trees on public rights -of -way, or abating
life -threatening conditions.
Impulsive sound shall mean a sound having a dura-
tion of less than one (1) second with an abrupt onset and
rapid decay.
Motor vehicle shall mean any vehicle that is pro-
pelled or drawn on land by an engine or motor.
Muffler shall mean a sound -dissipative device or sys-
tem for attenuating the sound of escaping gases of an
internal combustion engine.
Multi -use property shall mean any distinct parcel of
land that is used for more than one (1) category of activ-
ity. Examples include, but are not limited to:
(1) A commercial, residential, industrial or public
service property having boilers, incinerators, ele=
vators, automatic garage doors, air conditioners,
laundry rooms, utility provisions, or, health and
recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of
the building, which may be a source of elevated
sound levels at another category on the same dis-
tinct parcel of land; or
(2) A commercial building which has a residential
use located above, behind, below or adjacent to
the commercial use.
Noise disturbance shall mean any sound originating
from or received within the City limits that (a) endan-
gers the safety or health of any person, (b) disturbs a
reasonable person of normal sensitivities, or (c) endan-
gers personal or real property.
Person shall mean any individual, corporation, com-
pany, association, society, firm, partnership, joint stock
company, the City or any political subdivision, agency
or instrumentality of the City.
20-2
Supp. No. 77
Nuisances - In Genemi
§ 20-1
ARTICLE I.
IN GENERAL
Sec. 20-1. Air pollution nuisances prohibited.
(a) The emission or escape into the open air from
any source or sources of smoke, ashes, dust, dirt, grime,
acids, fumes, gases, vapors, odors or any other sub-
stances or combination of substances in such manner or
in such amounts as to endanger or tend to endanger the
health, comfort, safety or welfare of the public or to
cause unreasonable injury or damage to property or to
interfere with the comfortable enjoyment of property or
normal conduct of business is hereby found and de-
clared to be a public nuisance. It is unlawful for any
person to cause, permit or maintain any such public
nuisance within the City.
(b) No person shall cause or allow the emission of
smoke exceeding twenty -percent opacity from any flue
or chimney, except for a single fifteen -minute period for
cold start-up. Any emission in excess hereof is hereby
declared to be a nuisance and is prohibited.
(c) After October 1, 1988, no person shall cause or
allow, for the purpose of residential or commercial
space heating, the burning of coal in a solid fuel -burning
appliance, unless that appliance is designed to bum coal,
and unless it is the sole source of heat for the building.
No solid fuel -burning appliance shall be considered to
be the sole source of heat if the building is equipped
with a permanently installed furnace or heating system
that is designed to use natural gas, fuel oil, electricity or
propane, whether connected or disconnected from its
energy source.
(d) Except as is provided in Subsection (c) hereof,
no person shall cause or allow the burning of any solid
fuel in a solid fuel -burning appliance other than clean,
dry, untreated wood or wood products, or other solid
fuel products specifically manufactured for the purpose
of space heating.
(Ord. No. 184, 1986, § 4, 11-18-86; Ord. No. 180, 1987,
§ 2, 12-1-87; Ord. No. 89, 1994, § 1, 6-21-94; Ord. No.
130, 1996, 11-5-96; Ord. No. 188, 2002, 1-7-03)
Sec. 20-2. Abatement of unsanitary or dangerous
premises.
(a) If either the City Manager, the City Engineer, the
Director of Building and Zoning or the Fire Chief de-
termines that any premises within the City are unsani-
tary, as determined by the Larimer County Department
of Health and Environment, or dangerous to the life or
property of persons or constitute a fire hazard, a written
notice of such condition shall be given by the City to the
owner, agent or occupant of the property ordering the
premises to be put in proper condition within such pe-
riod as is set out in the notice and order. Such period
shall not be less than twenty-four (24) hours.
(b) If the owner, agent or occupant of the premises
shall fail or refuse to comply with the order of any of
the officers within the time given in the order, then the
matter of the failure or refusal to comply with the order
shall be heard before the next meeting of the City Coun-
cil without further notice to the owner, agent or occu-
pant of the premises. At the meeting, the owner, agent
or occupant of the premises or any other person inter-
ested may appear and be heard.
(c) After the hearing, the City Council shall make
such order concerning remedying the condition com-
plained of as may be deemed necessary and may declare
the premises to be a nuisance and cause the premises to
be remedied, repaired, abated or evacuated and shall
assess the expense against the lot or premises upon
which the condition or nuisance may be found as pro-
vided by law.
(Code 1972, § 79-1; Ord. No. 89, 1994, § 1, 6-21-94;
Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002,
§ 11, 9-17-02; Ord. No. 144, 2003, 11-18-03)
Sec. 20-3. Abatement by City in cases of emergency.
Nothing herein shall be deemed to limit the power of
the City Manager, City Engineer, Director of Building
and Zoning or Fire Chief, in case of an emergency for
the preservation of the public health or safety, to sum-
marily remedy, change, repair, abate or order the
evacuation of any dangerous or unhealthy condition
found to exist without any notice to any person.
(Code 1972, § 79-2; Ord. No. 89, 1994, § 1, 6-21-94;
Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 130, 2002,
§ 11, 9-17-02; Ord. No. 144, 2003, 11-18-03)
Sec. 20-4. Abatement of nuisances when property
owner absent.
If the lot or premises is not occupied and the owner is
not found within the City when the notice is about to be
given, the City Council may have the premises cleaned,
changed, repaired or the nuisance abated without serv-
ing personal notice of any kind upon the owner or agent
and may assess the costs against the lot or premises.
(Code 1972, § 79-3; Ord. No. 89, 1994, § 1, 6-21-94)
20-1
Supp. No. 77