HomeMy WebLinkAboutFAQ Noise Ordinance 2023What should I do if I believe the regulations against unreasonable noise or outdoor amplified sound are being violated? Violations of the municipal code can be reported to the Police
Department and Code Enforcement by calling the non-emergency dispatch number (970-586-4000), Code
Enforcement (970-577-3877), or by emailing ce@estes.org.
Noise Ordinance Frequently Asked Questions
Where did the Town’s Noise Ordinance come from? In 2017, The Town Board directed
Town Attorney White to evaluate the Town’s noise
ordinance in light of state regulations and established
caselaw. Attorney White conducted a review of other
ordinances and engaged in discussions with a firm
that had spent time evaluating noise ordinances.
After that review, Attorney White reported to the
Town Board that, in his opinion, decibel-based noise
ordinances are not enforceable or prosecutable.
Accordingly, Town Attorney White recommended
that the Board adopt an “unreasonable noise” based
noise ordinance. Why doesn’t the Town use a decibel-based standard for noise ordinance enforcement? The Town does not use a decibel-
based standard for noise ordinance enforcement
because a review of relevant prosecutorial practices
in Colorado indicates that decibel-based noise
ordinances are generally unenforceable. A typical
decibel-based restriction, calling for the
measurement of noise volume from a certain
distance from the property line, is considered
unenforceable due primarily to the inability of
measuring sound without having external factors
influence the measurement. For example, such
ordinances would often require measurement from
across an adjacent right-of-way, and the volume of
passing traffic closer to the decibel meter actually
tends to exceed the volume of the subject noise from
that distance. The central issue is that a noise may
be perceived as annoying or offensive, or as causing a
nuisance, irrespective of its actual volume at a
distance from its source. The conclusion the Town
has reached is that it is more effective and
enforceable to simply prohibit unreasonable noise,
and to describe by ordinance some of the factors that
make noise unreasonable. While a decibel-based standard
may seem more objective at first blush, the Town did not
find a way to effectively implement one, and that appears
to be an obstacle shared by municipalities across the state. Does this mean that the Town has no noise regulations? No. The Town’s noise regulations can be
found in Chapter 8.06 of the Municipal Code.
Unreasonable noise is prohibited by Section 8.06.020 and
amplified outdoor sound is restricted by Section 8.06.030. What makes noise “unreasonable”?
In determining whether noise is unreasonable, a Police
Officer or the Code Enforcement Officer may consider:
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 sound equipment; and
4) Any other factors tending to show the magnitude
and/or disruptive effect of the noise. How is Amplified Outdoor Sound Regulated? Municipal Code Section 8.06.030 makes it
unlawful for any person to make, cause to be made, or to
permit amplified outdoor sound upon premises possessed
or controlled by such person where such sound occurs
between the hours of 10 p.m. through 10 a.m. of the next
day, except that on Friday and Saturday nights, amplified
outdoor sound is permitted until 11 p.m. Amplified
outdoor sound is also subject to the prohibitions set up in
the “Unreasonable Noise” regulations (Section 8.06.020). Are there any exceptions to these noise regulations? Yes. Exceptions can be found in Section
8.06.040 of the Municipal Code.