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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.